Senate Study Bill 1152 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON AGRICULTURE BILL BY CHAIRPERSON ZUMBACH) A BILL FOR An Act relating to wind energy conversion facilities and making 1 penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1831XC (3) 89 jda/rn

S.F. _____ Section 1. NEW SECTION . 476.50 Wind energy conversion 1 facilities. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Landowner” means the owner of the real property 5 containing an easement for a wind energy conversion facility or 6 a mortgagee or vendee in possession of the real property, an 7 assignee of rents, or a receiver, executor, trustee, lessee, or 8 other person in control of the real property. 9 b. “Wind energy conversion facility” means any device 10 that converts wind energy to a form of usable energy and all 11 structural and mechanical components of the device, including 12 a wind charger, windmill, wind turbine, tower and electrical 13 equipment, pad mount transformers, power lines, and substation. 14 2. All of the following conditions must be satisfied prior 15 to the construction of a wind energy conversion facility in 16 this state: 17 a. The owner or operator of the wind energy conversion 18 facility must provide to the landowner financial assurance in 19 the form of a bond, irrevocable letter of credit, or other 20 assurance satisfactory to the landowner to cover the cost of 21 restoring the landowner’s property containing an easement for 22 the construction and operation of the wind energy conversion 23 facility to the same condition as it was prior to such 24 construction and operation. 25 b. The financial assurance provided pursuant to paragraph 26 “a” must not be less than one hundred thousand dollars for each 27 wind energy conversion facility constructed on the landowner’s 28 property. 29 c. The owner or operator of the wind energy conversion 30 facility and the landowner must stipulate in writing to the 31 location and dimensions of the easement to be used for the 32 construction and operation of the wind energy conversion 33 facility and the condition of the landowner’s property prior 34 to construction, including the soil quality and subsurface 35 -1- LSB 1831XC (3) 89 jda/rn 1/ 3

S.F. _____ features of the property, crop suitability ratings of the 1 property, and other aspects of the property the owner or 2 operator and landowner believe are pertinent to the property’s 3 existing and potential future uses. 4 3. Upon the cessation of operation of the wind energy 5 conversion facility, the owner or operator of the facility 6 shall restore the landowner’s property to the same condition as 7 it was prior to construction and operation, including restoring 8 the property’s surface and subsurface soil, drainage or other 9 facilities, and vegetation. 10 4. Notwithstanding subsection 3, an owner or operator may 11 repair or replace a wind energy conversion facility within six 12 months after the cessation of operation of the facility if the 13 repair or replacement is authorized by the easement governing 14 the wind energy conversion facility or by any applicable law 15 or ordinance. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to wind energy conversion facilities. 20 The bill defines “landowner” as the owner of the real 21 property containing an easement for a wind energy conversion 22 facility or a mortgagee or vendee in possession of the real 23 property, an assignee of rents, or a receiver, executor, 24 trustee, lessee, or other person in control of the real 25 property. Additionally, the bill defines “wind energy 26 conversion facility” as any device that converts wind energy 27 to a form of usable energy and all structural and mechanical 28 components of the device, including a wind charger, windmill, 29 wind turbine, tower and electrical equipment, pad mount 30 transformers, power lines, and substation. 31 The bill requires that, prior to the construction of a wind 32 energy conversion facility in this state, three conditions 33 must be satisfied: the owner or operator of the facility must 34 provide to the landowner financial assurance to cover the cost 35 -2- LSB 1831XC (3) 89 jda/rn 2/ 3

S.F. _____ of restoring the landowner’s property to the same condition as 1 it was prior to the construction and operation of the facility; 2 the financial assurance must not be less than $100,000 for each 3 facility constructed on the landowner’s property; and the owner 4 or operator of the facility and the landowner must stipulate 5 in writing to certain characteristics of the easement, as 6 enumerated in the bill. 7 The bill provides that upon the cessation of operation of 8 a facility, the owner or operator shall restore the property 9 used in the construction and operation of the facility to 10 the same condition as it was prior to the construction and 11 operation. The bill authorizes an owner or operator of a 12 facility to repair or replace a facility within six months 13 after its cessation of operation if the repair or replacement 14 is authorized by the easement governing the facility or by any 15 applicable law or ordinance. 16 -3- LSB 1831XC (3) 89 jda/rn 3/ 3