H.F. 2580 Section 1. Section 6A.22, Code 2026, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3. Notwithstanding any other provision of 3 law, a person shall not exercise the power of eminent domain to 4 acquire right-of-way for, construct, or operate any renewable 5 electric power generation facility, as defined in section 6 476.53B. 7 Sec. 2. NEW SECTION . 476.53B Local authority standards —— 8 renewable electric power generation. 9 1. The standards in this section shall apply to the approval 10 by local authorities of all renewable electric power generation 11 facilities proposed after January 1, 2026. 12 2. For purposes of this section, unless the context 13 otherwise requires: 14 a. “Abutting dwelling” means an occupied building or 15 structure used primarily for human habitation that is located 16 on nonparticipating property. 17 b. “Battery energy storage system” means an electrochemical 18 device that charges, or collects, energy from the grid or a 19 generation facility, stores that energy, and then discharges 20 that energy at a later time to provide electricity or other 21 grid services. 22 c. “Community building” means any one or more of the 23 following buildings that is existing and occupied on the date 24 that the application for approval, rezoning, or a special or 25 conditional use permit is filed with the county: a school, a 26 place of worship, a day care facility, a public library, or a 27 community center. 28 d. “Local authority” means a city as defined in section 29 362.2 or a county as provided in chapter 331. 30 e. “Nonparticipating property” means any real property owned 31 by a person who has not granted written permission, consent, 32 an easement, or other similar agreement pertaining to a wind 33 energy conversion facility on such property. 34 f. “Public road right-of-way” means the same as defined in 35 -1- LSB 5997HV (2) 91 sb/js 1/ 12

H.F. 2580 section 306.3. 1 g. “Railroad right-of-way” means the same as defined in 2 section 476.27. 3 h. “Renewable electric power generation facility” means 4 a battery energy storage system, a solar energy conversion 5 facility, or a wind energy conversion facility. 6 i. “Renewable electric power generation moratorium” means a 7 regulation that explicitly or implicitly disallows a renewable 8 electric power generation facility from being developed 9 or operated in any district zoned to allow agricultural or 10 industrial use. 11 j. “Repowering” means the same as defined in section 476.53. 12 k. “Solar energy conversion facility” means a solar energy 13 conversion facility, as defined in section 476C.1, that has 14 a nameplate generating capacity greater than one hundred 15 kilowatts. 16 l. “Unoccupied structure” means a building or structure that 17 is not occupied or used primarily for human habitation at the 18 time of siting. 19 m. “Wind energy conversion facility” or “facility” means a 20 wind energy conversion facility, as defined in section 476C.1, 21 or a wind turbine that is part of a wind energy conversion 22 system, that has a nameplate generating capacity greater than 23 one hundred kilowatts. 24 3. a. A local authority may determine setback standards 25 for wind energy conversion facilities that, notwithstanding any 26 statute or regulation to the contrary, shall be no greater than 27 and shall not include any setback requirements beyond those in 28 this subsection: 29 (1) The facility shall be sited two times the total height 30 of a wind energy conversion facility to be constructed on 31 a proposed facility from any existing abutting dwelling or 32 community building. 33 (2) The facility shall be sited one and one-tenth times 34 the total height of a wind energy conversion facility to 35 -2- LSB 5997HV (2) 91 sb/js 2/ 12

H.F. 2580 be constructed on a proposed facility from any existing 1 nonparticipating property. 2 (3) The facility shall be sited one and one-tenth times 3 the total height of a wind energy conversion facility to be 4 constructed on a proposed facility from any existing overhead 5 utility line, electric substation, public road right-of-way, 6 railroad right-of-way, or unoccupied structure. 7 (4) Each wind turbine shall not exceed the height allowed 8 under the determination of no hazard for that turbine from the 9 federal aviation administration obstruction evaluation under 10 14 C.F.R. pt. 77. Nothing in this section shall be construed 11 as prohibiting an airport, aviation authority, or municipality 12 from administering and enforcing airport zoning pursuant to 13 the provisions of chapter 329 for the protection of navigable 14 airspace. 15 b. For purposes of this subsection, the facility site 16 distance shall be measured from the center of the wind energy 17 conversion facility foundation to the nearest point of the 18 abutting dwelling, community building, nonparticipating 19 property, overhead utility line, electric substation, public 20 road right-of-way, railroad right-of-way, or unoccupied 21 structure. 22 c. For purposes of this subsection, the total height of 23 a wind energy conversion facility shall be measured as the 24 distance from ground level to the tip of the wind energy 25 conversion facility’s blade at its highest vertical point. 26 4. A local authority may determine setback standards 27 for solar energy conversion facilities. For purposes of 28 this subsection, distance shall be measured from the nearest 29 aboveground point of a solar facility, not including any 30 fencing, to the nearest point of the abutting dwelling, 31 overhead utility line, electric substation, nonparticipating 32 property line, public road right-of-way, railroad right-of-way, 33 or unoccupied structure. The standards shall be no greater 34 than: 35 -3- LSB 5997HV (2) 91 sb/js 3/ 12

H.F. 2580 a. Fifty feet from the near edge of any existing 1 nonparticipating property line or one hundred feet from any 2 existing abutting dwelling or community building, whichever is 3 greater. 4 b. Fifty feet from any existing overhead utility line, 5 substation, public road right-of-way, or railroad right-of-way. 6 5. A local authority may determine setback standards 7 for battery energy storage systems. For purposes of this 8 subsection, distance shall be measured from the nearest storage 9 container edge to the nearest point of the abutting dwelling, 10 overhead utility line, electric substation, nonparticipating 11 property line, public road right-of-way, railroad right-of-way, 12 or unoccupied structure. The standards shall be no greater 13 than: 14 a. Fifty feet from any existing participating property line. 15 b. One hundred feet from any existing nonparticipating 16 property line or any existing abutting dwelling or community 17 building. 18 c. Fifty feet from any existing nonassociated transmission, 19 substation, or distribution lines. 20 d. Fifty feet from any public road right-of-way or railroad 21 right-of-way. 22 6. A local authority may only implement the following 23 additional standards and only to the extent specified in this 24 subsection: 25 a. A shadow flicker standard that is no more restrictive 26 than thirty hours per year under planned operating conditions 27 as indicated by industry standard computer modeling measured 28 from an abutting dwelling or community building. 29 b. A sound limitation that is no more restrictive than 30 a maximum forty-seven decibel sound from the wind energy 31 conversion facility as measured at an existing abutting 32 dwelling or community building. Decibel modeling shall use the 33 A-weighted scale as designed by the American national standards 34 institute. Sound modeling shall be completed by a professional 35 -4- LSB 5997HV (2) 91 sb/js 4/ 12

H.F. 2580 board-certified by the institute of noise control engineering, 1 or an appropriately licensed professional engineer. 2 c. A requirement that the applicant of a proposed wind 3 energy conversion facility shall agree to repair or replace any 4 damaged drainage infrastructure if directly attributable to the 5 construction or operation of the facility. 6 d. A requirement that renewable electric power generation 7 facilities meet all applicable national electric safety code 8 and international building code requirements. 9 e. A requirement that renewable electric power generation 10 facilities meet all applicable provisions of national fire 11 protection association standard 855. 12 f. A requirement that renewable electric power generation 13 facilities for fencing are no more restrictive than the 14 requirement issued by the national electric safety code. 15 g. A requirement for solar energy conversion facilities 16 to maintain appropriate ground cover within the solar energy 17 conversion facility’s fence line throughout the life of the 18 facility to minimize erosion. 19 h. A height requirement for solar energy conversion 20 facilities for a minimum one and one-half feet panel height 21 from the ground, exclusive of supporting infrastructure, with 22 no additional or higher minimum height requirements for the 23 solar energy conversion facility. 24 7. A local authority must provide a process for the owner of 25 any abutting dwelling, nonparticipating property, or community 26 building to waive the standards in this section or those 27 adopted by a local authority. 28 8. A local authority must use reasonable estimates of the 29 cost of approving an application for a facility, which shall 30 not exceed one thousand dollars per wind energy conversion 31 system, solar energy conversion system, or battery energy 32 storage system. A local authority may not require the facility 33 owner to pay costs, fees, or charges for administrative or road 34 work that is not specifically and uniquely attributable to the 35 -5- LSB 5997HV (2) 91 sb/js 5/ 12

H.F. 2580 approval and construction of the facility. 1 9. A local authority shall not prohibit or regulate testing 2 activities undertaken by a wind energy conversion facility 3 owner for purposes of determining the suitability of the 4 placement of a wind energy conversion facility. 5 10. Ordinances, limitations, or other requirements imposed 6 after an application for approval, rezoning, or a special 7 or conditional use permit for a renewable electric power 8 generation facility has been submitted or previously approved 9 shall not be construed to limit or impair the construction, 10 operation, or maintenance of the renewable electric power 11 generation facility. 12 11. A local authority shall not prohibit an affected 13 landowner or other entity from waiving any requirements under 14 this section by the conveyance of an easement or other property 15 interest. 16 12. a. A local authority may require the owner of the 17 proposed renewable electric power generation facility to file 18 with the county recorder of the county or counties in which 19 the proposed facility will be located a decommissioning plan 20 outlining measures that will be taken to return the land to 21 a reasonably similar state to the condition that existed 22 before construction of the renewable electric power generation 23 facility. Removal requirements of underground project 24 infrastructure may not exceed a maximum depth of four feet. A 25 local authority shall not require a revision or amendment of 26 a decommissioning plan. 27 b. A local authority may require the owner to provide 28 in the decommissioning plan proof of financial assurance to 29 fund decommissioning efforts, which assurance is calculated 30 by an independent third party as the estimated costs of 31 decommissioning, inclusive of net salvage value, no earlier 32 than the following schedule: 33 (1) Five percent of determined decommissioning costs 34 committed by the initial commercial operation date. 35 -6- LSB 5997HV (2) 91 sb/js 6/ 12

H.F. 2580 (2) One hundred percent of determined decommissioning costs 1 committed by the fifteenth year of commercial operation. 2 c. After the fifteenth year of commercial operation, the 3 owner of the renewable electric power generation facility 4 may reestimate the cost of decommissioning, inclusive of net 5 salvage value, using an independent third party for the purpose 6 of redetermining the amount required for financial assurance. 7 d. Evidence of financial security may be in the form of a 8 surety bond, collateral bond, parent guaranty, cash, cashier’s 9 check, certificate of deposit, bank joint custody receipt, or 10 other approved negotiable instrument. 11 e. This subsection shall not apply to a renewable electric 12 power generation facility owned or operated by a public utility 13 regulated by the Iowa utilities commission. 14 13. a. This section shall not apply to a wind energy 15 conversion facility that has a nameplate capacity of 16 twenty-five or more megawatts on any single gathering line 17 and if the facility has applied for certification pursuant to 18 chapter 476A. 19 b. This section shall not apply to a renewable electric 20 power generation facility that is operating or has submitted 21 an application for the issuance of permits on or before the 22 effective date of this Act. 23 c. This section shall not apply to the repowering of a wind 24 energy conversion facility existing on or before January 1, 25 2025. 26 d. This section shall not apply to the repowering of a 27 renewable electric power generation facility, which is not 28 already excluded under paragraph “c” , existing on or before 29 January 1, 2026, provided that the repowering does not require 30 the issuance of any new permits, or amendments to existing 31 permits, from a local authority. This section shall apply 32 to the repowering of a renewable electric power generation 33 facility existing on or before January 1, 2026, when such 34 repowering requires the issuance of any new permits, or 35 -7- LSB 5997HV (2) 91 sb/js 7/ 12

H.F. 2580 amendments to existing permits, from a local authority. 1 14. a. A local authority shall not adopt regulations 2 that explicitly or implicitly disallow a renewable electric 3 power generation facility from being developed or operated 4 in any district zoned to allow agricultural or industrial 5 use. A local authority may not prohibit or otherwise limit 6 renewable electric power generation facility development 7 based on corn suitability rating as calculated using the 8 methodology recognized by the Iowa state university of science 9 and technology. A local authority may not limit the size of 10 any specific project or create caps on projects based on total 11 land mass within the local jurisdiction. 12 b. A local authority may place one temporary moratorium 13 for up to six months on the installation of a wind energy 14 conversion facility for the purpose of adopting new regulations 15 that are consistent with this section. All new, revised, 16 or amended ordinances or regulations pertaining to solar or 17 solar energy conversion facilities shall only be prospectively 18 applied. 19 c. Nothing in this section requires a local authority 20 to adopt standards for approval of renewable electric power 21 generation facilities. 22 15. a. Any requirement for renewable electric power 23 generation siting, compliance, and operation pursuant to 24 subsections 3 through 14 may be waived by the local authority 25 if the local authority fulfills the requirements under 26 paragraph “b” . 27 b. If on the effective date of this Act a local authority 28 has in effect a renewable electric power generation moratorium 29 or standards not in compliance with subsections 3 through 14, 30 the local authority must do all of the following by January 1, 31 2028, and a local authority enacting a renewable electric power 32 generation moratorium or not in compliance with subsections 3 33 through 14 must do all of the following before the enactment 34 of the moratorium or standards: 35 -8- LSB 5997HV (2) 91 sb/js 8/ 12

H.F. 2580 (1) Send notice to all persons under the local authority’s 1 jurisdiction required to pay property tax to the local 2 authority. If the local authority operates an internet 3 site, the local authority shall post notice on the local 4 authority’s internet site. The notice shall include the amount 5 of estimated property tax revenue that has not been received 6 by the local authority based on any renewable electric power 7 generation moratorium or standards not in compliance with 8 the requirements of subsections 3 through 14. If the local 9 authority is unable to determine the tax revenue amount, the 10 local authority must review another local authority with a 11 similarly sized population that has not adopted a renewable 12 electric power generation moratorium and is in compliance 13 with the standards of this section and determine the amount 14 generated annually in property tax revenue from renewable 15 electric power generation facilities by the other local 16 authority. 17 (2) Hold a public hearing discussing reasons for the 18 renewable electric generation moratorium or standards not 19 in compliance with subsections 3 through 14, including a 20 demonstration showing the renewable electric generation 21 moratorium or the noncompliant standards are necessary to 22 prevent an adverse impact on the health or safety of the local 23 authority’s residents or public facilities. 24 Sec. 3. COMPLIANCE BY LOCAL AUTHORITIES. If any local 25 authority has a standard in effect on or after the effective 26 date of this Act that does not comply with the provisions 27 in this Act, the local authority must amend the standard to 28 comply with this Act by December 31, 2026, or follow procedures 29 described in section 476.53B, subsection 15, as enacted by this 30 Act. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to siting and operation of certain 35 -9- LSB 5997HV (2) 91 sb/js 9/ 12

H.F. 2580 renewable electric power generation facilities. 1 The bill prohibits exercising the power of eminent domain 2 for acquiring right-of-way for, constructing, or operating any 3 renewable electric power generation facility (facility). 4 The bill creates standard-making ability for local 5 authorities approving a facility proposed after January 1, 6 2026. 7 The bill sets guidelines for a local authority to implement 8 a facility setback standard, which shall include a facility’s 9 distance from specified existing buildings based on the 10 facility’s height. The local authority must include a process 11 for an owner of an abutting dwelling, nonparticipating 12 property, or community building to waive the setback standards. 13 The bill includes additional standards a local authority 14 may implement including shadow flicker standards, sound 15 limitations, a requirement that an applicant for a proposed 16 facility shall agree to repair any damages caused by the 17 facility, wind turbine height limitations, electric code 18 and building code standards, fire protection standards, 19 fencing limitations, ground cover standards, and solar energy 20 conversion facility panel height requirements. 21 The bill requires a local authority to utilize reasonable 22 estimates for application approval costs and prohibits the 23 local authority from requiring the facility owner to pay for 24 administration or road work that is not directly attributable 25 to the approval and construction of the facility. A local 26 authority shall not prohibit or regulate a facility testing the 27 suitability of a facility placement. Any regulations enacted 28 after the application for a facility permit shall not limit the 29 construction, operation, or maintenance of that facility. A 30 local authority shall not prohibit an affected landowner or 31 other entity from waiving requirements by conveyance of an 32 easement. 33 The bill provides that a local authority may require a 34 facility that is not owned or operated by a public utility 35 -10- LSB 5997HV (2) 91 sb/js 10/ 12

H.F. 2580 regulated by the Iowa utilities commission to file a 1 decommissioning plan including certain measures. The local 2 authority is prohibited from requiring a facility to provide a 3 revision or amendment of a decommissioning plan. 4 The bill shall not apply to a wind energy conversion facility 5 with a nameplate capacity of 25 or more megawatts and that has 6 applied for certification under Code chapter 476A, a facility 7 that is currently operating or has applied for certification 8 before the enactment of the bill, or the repowering of a 9 facility existing on or before January 1, 2026, subject to 10 certain conditions. 11 The bill allows a local authority to place one temporary 12 moratorium for up to six months on the installation of a 13 wind energy conversion facility for the purpose of adopting 14 new regulations that are consistent with the bill. The bill 15 provides that all new, revised, or amended ordinances or 16 regulations pertaining to solar or solar energy conversion 17 facilities shall only be prospectively applied. 18 The bill authorizes a local authority to waive any 19 requirement for renewable electric power generation under 20 the bill if the local authority complies with additional 21 requirements established in the bill. 22 The bill provides that if, on the effective date of the 23 bill, a local authority has in effect a moratorium on renewable 24 electric power generation or has adopted standards that do 25 not comply with standards in the bill, the local authority 26 must complete specified actions by January 1, 2028. The bill 27 further provides that a local authority that enacts a renewable 28 electric power generation moratorium or adopts noncompliant 29 standards must complete the same actions prior to enactment of 30 the moratorium or standards. 31 The bill requires the local authority to provide notice to 32 all persons within its jurisdiction who are required to pay 33 property tax to the local authority and to post the notice 34 on the local authority’s internet site, if applicable. The 35 -11- LSB 5997HV (2) 91 sb/js 11/ 12

H.F. 2580 notice must include an estimate of the amount of property tax 1 revenue not received by the local authority as a result of the 2 moratorium or noncompliance with standards in the bill. If the 3 local authority is unable to determine the amount of property 4 tax revenue, the bill requires the local authority to compare 5 itself to another local authority with a similar population 6 that has not adopted a renewable electric power generation 7 moratorium and that complies with the standards in the bill, 8 and to determine the amount of property tax revenue generated 9 annually by facilities in that comparable jurisdiction. 10 The bill also requires the local authority to hold a public 11 hearing to discuss the reasons for the renewable electric power 12 generation moratorium or noncompliant standards. The public 13 hearing must include a demonstration that the moratorium or 14 noncompliant standards are necessary to prevent an adverse 15 impact on the health or safety of the local authority’s 16 residents or public facilities. 17 The bill expounds that a local authority is not required 18 to adopt standards for approval of renewable electric power 19 generation facilities; however, a local authority with existing 20 siting standards in effect on or after the effective date 21 of the bill that do not comply with the bill must amend the 22 standards to comply with the bill by December 31, 2026, or 23 follow the noncompliance procedures described in the bill. 24 -12- LSB 5997HV (2) 91 sb/js 12/ 12