SSB 3169 (LSB 6148XC (4) 90)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON BROWN)

A BILL FOR

An Act relating to the siting and operation of certain wind energy conversion facilities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 476.53A, Code 2024, is amended to read as follows:
   476.53A  Renewable electric power generation. 
   1.  It is the intent of the general assembly to encourage the development of renewable electric power generation. It is also the intent of the general assembly to encourage the use of renewable power to meet local electric needs and the development of transmission capacity to export wind power generated in Iowa.
   2.  To implement the intent of the general assembly and promote uniformity, the standards in this section shall apply to the approval by local authorities of all wind energy conversion facilities proposed after January 1, 2025.
   3.  For purposes of this section, unless the context otherwise requires:
   a.  “Abutting dwelling” means an occupied building or structure used primarily for human habitation that is located on nonparticipating property.
   b.  “Community building” means any one or more of the following buildings that is existing and occupied on the date that the application for approval, rezoning, or a special or conditional use permit is filed with the county: a school, a place of worship, a day care facility, a public library, or a community center.
   c.  “Local authority” means a city as defined in section 362.2 or a county as provided in chapter 331.
   d.  “Nonparticipating property” means any real property owned by a person who has not granted written permission, consent, an easement, or other similar agreement pertaining to a wind energy conversion facility on such property.
   e.  “Public road right-of-way” means the same as defined in section 306.3.
   f.  “Railroad right-of-way” means the same as defined in section 476.27.
   g.  “Repowering” means the same as defined in section 476.53.
   h.  “Unoccupied structure” means a building or structure that is not occupied or used primarily for human habitation at the time of siting.
   i.  “Wind energy conversion facility” or “facility” means a wind energy conversion facility, as defined in section 476C.1, or a wind turbine that is part of a wind energy conversion system, that has a nameplate generating capacity greater than one hundred kilowatts.
   4.  a.  A local authority may determine setback standards for wind energy conversion facilities that, notwithstanding any statute or regulation to the contrary, shall be no greater than and shall not include any setback requirements beyond those in this subsection:
   (1)  The facility shall be sited three times the total height of a wind energy conversion facility to be constructed on a proposed facility from any existing abutting dwelling or community building.
   (2)  The facility shall be sited one and one-tenth times the total height of a wind energy conversion facility to be constructed on a proposed facility from any existing nonparticipating property.
   (3)  The facility shall be sited one and one-tenth times the total height of a wind energy conversion facility to be constructed on a proposed facility from any existing overhead utility line, electric substation, public road right-of-way, railroad right-of-way, or unoccupied structure.
   b.  For purposes of this subsection, the facility site distance shall be measured from the center of the wind energy conversion facility foundation to the nearest point of the abutting dwelling, community building, nonparticipating property, overhead utility line, electric substation, public road right-of-way, railroad right-of-way, or unoccupied structure.
   c.  For purposes of this subsection, the total height of a wind energy conversion facility shall be measured as the distance from ground level to the tip of the wind energy conversion facility’s blade at its highest vertical point.
   d.  A local authority must provide a process for the owner of any abutting dwelling, nonparticipating property, or community building to waive the standards in this section or those adopted by a local authority.
   5.  A local authority may only implement the following additional standards and only to the extent specified in this subsection:
   a.  A shadow flicker standard that is no more restrictive than thirty hours per year under planned operating conditions as indicated by industry standard computer modeling measured from an abutting dwelling or community building.
   b.  A sound limitation that is no more restrictive than a maximum forty-seven decibel sound from the wind energy conversion facility as measured at an existing abutting dwelling or community building. Decibel modeling shall use the A-weighted scale as designed by the American national standards institute.
   c.  A requirement that the applicant of a proposed wind energy conversion facility shall agree to repair or replace any damaged drainage infrastructure if directly attributable to the construction or operation of the facility.
   6.  A local authority must use reasonable estimates of the cost of approving an application for a facility, which shall not exceed one thousand dollars per wind energy conversion system or one hundred dollars per wind energy conversion facility, whichever is greater.
   7.  A local authority shall not prohibit or regulate testing activities undertaken by a wind energy conversion facility owner for purposes of determining the suitability of the placement of a wind energy conversion facility.
   8.  Ordinances, limitations, or other requirements imposed after an application for approval, rezoning, or a special or conditional use permit for a wind energy conversion facility has been submitted or previously approved shall not be construed to limit or impair the construction, operation, or maintenance of the wind energy conversion facility.
   9.  A local authority shall not prohibit a landowner from waiving any requirements under this section by the conveyance of an easement or other property interest.
   10.  a.  A local authority may require that the owner of the proposed wind energy conversion facility file with the county recorder of the county or counties in which the proposed facility will be located a decommissioning plan outlining measures that will be taken to return the land to a reasonably similar state to the condition that existed before construction of the wind energy conversion facility. If the proposed facility will be located within two miles of the corporate limits of a city, the owner of the proposed facility may also be required to file the plan with the city clerk of the city. A local authority shall not require a revision or amendment of a decommissioning plan.
   b.  A local authority may require the owner to provide in the decommissioning plan proof of financial assurance to fund decommissioning efforts, which assurance is calculated by an independent third party as the estimate costs of decommissioning, inclusive of net salvage value, no earlier than the following schedule:
   (1)  Five percent of determined decommissioning costs committed by the initial commercial operation date.
   (2)  One hundred percent of determined decommissioning costs committed by the fifteenth year of commercial operation.
   c.  After the fifteenth year of commercial operation, the owner of the wind energy conversion facility may reestimate the cost of decommissioning, inclusive of net salvage value, using an independent third party for the purpose of redetermining the amount required for financial assurance.
   d.  Evidence of financial security may be in the form of a surety bond, collateral bond, parent guaranty, cash, cashier’s check, certificate of deposit, bank joint custody receipt, or other approved negotiable instrument.
   e.  This subsection shall not apply to a wind energy conversion facility owned or operated by a public utility regulated by the Iowa utilities board.
   11.  A wind energy conversion facility shall be presumed abandoned if the facility fails to operate for more than twenty-four consecutive months without generating energy, excluding repowering or required maintenance events or force majeure events outside of the owner’s control. The owner of the abandoned facility shall be responsible for the removal of the facility, including the removal of infrastructure four feet below ground level and subject to any reasonable additional conditions of a decommissioning plan filed with the local authority.
   12.  a.  This section shall not apply to a wind energy conversion facility that has a nameplate capacity of twenty-five or more megawatts on any single gathering line and if the facility has applied for certification pursuant to chapter 476A.
   b.  This section shall not apply to a wind energy conversion facility that is operating or has submitted an application for the issuance of permits on or before the effective date of this Act.
   c.  This section shall not apply to the repowering of a wind energy conversion facility existing on or before January 1, 2025.
   13.  a.  A request for approval, rezoning, or a special or conditional use permit for a wind energy conversion facility or modification of an approved siting, rezoning, or conditional or special use permit, shall be approved if the request is in compliance with this section and regulations of local authorities that are not inconsistent with this section.
   b.  A local authority must approve, approve with modifications, or deny a request for approval, rezoning, or a special or conditional use permit for a wind energy conversion facility or modification of an approved rezoning or conditional or special use permit within one hundred twenty days of the submission of an application.
   c.  Denial of an application for approval, rezoning, or a special or conditional use permit by a local authority must be based on substantial evidence in the record of material noncompliance with one or more specific provisions of this section or regulations of local authorities that are not inconsistent with this section. An appeal of such a denial by an adversely affected party may be brought by certiorari as provided in sections 335.18 and 335.19. The reviewing court shall expedite the proceeding to the extent practicable.
   14.  a.  A local authority shall not adopt regulations that explicitly or implicitly disallow a wind energy conversion facility from being developed or operated in any district zoned to allow agricultural or industrial use.
   b.  A local authority may place a temporary moratorium on the installation of a wind energy conversion facility for the purpose of adopting new regulations that are consistent with this section. A temporary moratorium may not be imposed for a period longer than one hundred twenty days.
   c.  Nothing in this section requires a local authority to adopt standards for approval of wind energy conversion facilities.
   15.  If any local authority has a standard in effect on or after the effective date of this Act that does not comply with the provisions in this section, the local authority must amend the standard to comply with this section by December 31, 2024.
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 siting and operation of certain wind energy conversion facilities.
   The bill creates standard-making ability for local authorities approving a wind energy conversion facility (facility) proposed after January 1, 2025.
   The bill sets guidelines for a local authority to implement a facility setback standard, which shall include a facility’s distance from specified existing buildings based on the facility’s height. The local authority must include a process for an owner of an abutting dwelling, nonparticipating property, or community building to waive the setback standards.
   The bill includes additional standards a local authority may implement including shadow flicker standards, sound limitations, and a requirement that an applicant for a proposed facility shall agree to repair any damages caused by the facility.
   The bill requires a local authority to utilize reasonable estimates for application approval costs. A local authority shall not prohibit or regulate a facility testing the suitability of a facility placement. Any regulations enacted after the application for a facility permit shall not limit the construction, operation, or maintenance of that facility. A local authority shall not prohibit a landowner from waiving requirements by conveyance of an easement.
   The bill provides that a local authority may require a facility that is not owned or operated by a public utility regulated by the Iowa utilities board to file a decommissioning plan including certain measures. The local authority is prohibited from requiring a facility to provide a revision or amendment of a decommissioning plan.
   The bill requires a facility to be presumed abandoned if the facility has not been in operation for 24 months, with some exceptions. The owner of the abandoned facility is responsible for removing the facility and is subject to any other reasonable conditions in the decommissioning plan if applicable.
   The bill shall not apply to a facility with a nameplate capacity of 25 or more megawatts and that has applied for certification under Code chapter 476A, a facility that is currently operating or has applied for certification before the enactment of the bill, or the repowering of a facility existing on or before January 1, 2025.
   The bill requires a local authority to approve a request by a facility if the request is in compliance with the bill. A local authority shall issue a decision on a request by a facility within 120 days of the request submission. The denial of a request shall be supported by substantial evidence of noncompliance by the facility.
   The bill prohibits a local authority from disallowing the development of a facility in an agricultural or industrial district. If a local authority has enacted a standard in effect on or after the effective date of the bill that does not comply with the bill, the local authority must amend the standard to comply with the bill by December 31, 2024.