House File 159 - Introduced HOUSE FILE 159 BY SHIPLEY A BILL FOR An Act providing for the regulation of wind energy conversion 1 facility installations by counties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1953HH (2) 88 gh/rn
H.F. 159 Section 1. Section 331.301, Code 2019, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 18. Notwithstanding section 476A.6, the 3 board of supervisors may establish standards and requirements 4 regarding the installation or siting of wind energy conversion 5 facilities and shall make the final determination regarding 6 the installation or siting of any such facility. For purposes 7 of this subsection, “wind energy conversion facility” means the 8 same as defined in section 476C.1. 9 Sec. 2. Section 476A.5, Code 2019, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 4. Notwithstanding section 476A.6 and 12 any other provision in this subchapter to the contrary, the 13 board of supervisors of a county may establish standards and 14 requirements regarding the installation or siting of wind 15 energy conversion facilities located within the jurisdiction of 16 the county and shall make the final determination regarding the 17 installation or siting of any such facility pursuant to section 18 331.301, subsection 18. For purposes of this subsection, “wind 19 energy conversion facility” means the same as defined in section 20 476C.1. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 Current law requires the Iowa utilities board to regulate 25 the installation of electric power generating facilities in the 26 state with a total capacity of 25 megawatts of electricity or 27 more, including wind energy conversion facilities. A person 28 shall not construct such a facility unless issued a certificate 29 by the board. 30 This bill allows the board of supervisors of a county to 31 establish standards and requirements regarding the installation 32 or siting of wind energy conversion facilities within the 33 jurisdiction of the county and provides that the board of 34 supervisors shall make the final determination regarding 35 -1- LSB 1953HH (2) 88 gh/rn 1/ 2
H.F. 159 the installation or siting of any such facility. The bill 1 defines “wind energy conversion facility” to mean a wind energy 2 conversion system in Iowa that collects and converts wind into 3 energy to generate electricity. 4 -2- LSB 1953HH (2) 88 gh/rn 2/ 2