SSB 3128 (LSB 6301XC (4) 88)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON DAWSON)

A BILL FOR

An Act relating to the regulation of renewable energy projects and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.304A, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  Beginning July 1, 2020, a county shall not adopt or enforce county legislation that imposes a limitation or regulation on a renewable energy project, as defined in section 476A.1, that has a total capacity of at least twenty-five megawatts of electricity. 
    Sec. 2.  Section 476A.1, subsection 5, Code 2020, is amended to read as follows:
   5.  “Facility” means any electric power generating plant or a combination of plants at a single site, owned by any person, with a total capacity of twenty-five megawatts of electricity or more and those associated transmission lines connecting the generating plant to either a power transmission system or an interconnected primary transmission system or both. Transmission lines subject to the provisions of this subchapter shall not require a franchise under chapter 478. of the following:
   a.  A renewable energy project.
   b.  An electric power generating plant or a combination of plants at a single site, owned by any person, with a total capacity of twenty-five megawatts of electricity or more and those associated transmission lines connecting the generating plant to either a power transmission system or an interconnected primary transmission system or both. Transmission lines subject to the provisions of this subchapter shall not require a franchise under chapter 478.
    Sec. 3.  Section 476A.1, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  7.  “Renewable energy project” means construction or installation, or a material change to a completed installation, in the same geographic area related to the collection and conversion of wind or incident solar radiation into energy to generate electricity irrespective of the power capacity of any connected common gathering line. A renewable energy project does not include a project for which the generated electricity is planned to be primarily consumed on the property or immediately adjacent to the property.
    Sec. 4.  APPLICABILITY.  The following applies to a facility installed or constructed, or for which all real property interests are obtained, on or after July 1, 2020:
   The sections of this Act amending section 476A.1.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to renewable energy projects, including the authority of counties and the utilities board within the utilities division of the department of commerce to regulate renewable energy projects.
   The bill prohibits counties, after July 1, 2020, from adopting or enforcing an ordinance, motion, resolution, or amendment that imposes a limitation or regulation on a renewable energy project, as defined in Code section 476A.1, having a total capacity of at least 25 megawatts of electricity.
   The bill defines “renewable energy project” in Code section 476A.1 to mean the construction or installation in the same geographic area related to the collection and conversion of wind or incident solar radiation into energy to generate electricity irrespective of the power capacity of any connected common gathering line. The bill provides that a project for which the generated electricity is planned to be primarily consumed on or immediately adjacent to the property is not a renewable energy project.
   The bill amends the definition of “facility” contained in Code section 476A.1 to include a renewable energy project. As a result, the construction of a renewable energy project shall be subject to the certification requirements contained in Code chapter 476A.
   The bill provides that the sections of the bill amending Code section 476A.1 apply to a facility that is installed or constructed, or a facility for which all real property interests have been obtained, on or after July 1, 2020.