H.F. _____ 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 wind energy conversion facilities 11 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 5997YC (2) 91 sb/js 1/ 12

H.F. _____ 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 three times the total 30 height of a wind energy conversion facility to be constructed 31 on 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 5997YC (2) 91 sb/js 2/ 12

H.F. _____ 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. 11 b. For purposes of this subsection, the facility site 12 distance shall be measured from the center of the wind energy 13 conversion facility foundation to the nearest point of the 14 abutting dwelling, community building, nonparticipating 15 property, overhead utility line, electric substation, public 16 road right-of-way, railroad right-of-way, or unoccupied 17 structure. 18 c. For purposes of this subsection, the total height of 19 a wind energy conversion facility shall be measured as the 20 distance from ground level to the tip of the wind energy 21 conversion facility’s blade at its highest vertical point. 22 4. A local authority may determine setback standards 23 for solar energy conversion facilities. For purposes of 24 this subsection, distance shall be measured from the nearest 25 aboveground point of a solar facility, not including any 26 fencing, to the nearest point of the abutting dwelling, 27 overhead utility line, electric substation, nonparticipating 28 property line, public road right-of-way, railroad right-of-way, 29 or unoccupied structure. The standards shall be no greater 30 than: 31 a. Fifty feet from the near edge of any existing 32 nonparticipating property line or one hundred feet from any 33 existing abutting dwelling or community building, whichever is 34 greater. 35 -3- LSB 5997YC (2) 91 sb/js 3/ 12

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

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

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

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

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

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

H.F. _____ The bill sets guidelines for a local authority to implement 1 a facility setback standard, which shall include a facility’s 2 distance from specified existing buildings based on the 3 facility’s height. The local authority must include a process 4 for an owner of an abutting dwelling, nonparticipating 5 property, or community building to waive the setback standards. 6 The bill includes additional standards a local authority 7 may implement including shadow flicker standards, sound 8 limitations, a requirement that an applicant for a proposed 9 facility shall agree to repair any damages caused by the 10 facility, wind turbine height limitations, electric code 11 and building code standards, fire protection standards, 12 fencing limitations, ground cover standards, and solar energy 13 conversion facility panel height requirements. 14 The bill requires a local authority to utilize reasonable 15 estimates for application approval costs and prohibits the 16 local authority from requiring the facility owner to pay for 17 administration or road work that is not directly attributable 18 to the approval and construction of the facility. A local 19 authority shall not prohibit or regulate a facility testing the 20 suitability of a facility placement. Any regulations enacted 21 after the application for a facility permit shall not limit the 22 construction, operation, or maintenance of that facility. A 23 local authority shall not prohibit an affected landowner or 24 other entity from waiving requirements by conveyance of an 25 easement. 26 The bill provides that a local authority may require a 27 facility that is not owned or operated by a public utility 28 regulated by the Iowa utilities commission to file a 29 decommissioning plan including certain measures. The local 30 authority is prohibited from requiring a facility to provide a 31 revision or amendment of a decommissioning plan. 32 The bill shall not apply to a wind energy conversion facility 33 with a nameplate capacity of 25 or more megawatts and that has 34 applied for certification under Code chapter 476A, a facility 35 -10- LSB 5997YC (2) 91 sb/js 10/ 12

H.F. _____ that is currently operating or has applied for certification 1 before the enactment of the bill, or the repowering of a 2 facility existing on or before January 1, 2026, subject to 3 certain conditions. 4 The bill allows a local authority to place one temporary 5 moratorium for up to six months on the installation of a 6 wind energy conversion facility for the purpose of adopting 7 new regulations that are consistent with the bill. The bill 8 provides that all new, revised, or amended ordinances or 9 regulations pertaining to solar or solar energy conversion 10 facilities shall only be prospectively applied. 11 The bill authorizes a local authority to waive any 12 requirement for renewable electric power generation under 13 the bill if the local authority complies with additional 14 requirements established in the bill. 15 The bill provides that if, on the effective date of the 16 bill, a local authority has in effect a moratorium on renewable 17 electric power generation or has adopted standards that do 18 not comply with standards in the bill, the local authority 19 must complete specified actions by January 1, 2028. The bill 20 further provides that a local authority that enacts a renewable 21 electric power generation moratorium or adopts noncompliant 22 standards must complete the same actions prior to enactment of 23 the moratorium or standards. 24 The bill requires the local authority to provide notice 25 to all persons within its jurisdiction who are required to 26 pay property tax to the local authority. The notice must 27 include an estimate of the amount of property tax revenue not 28 received by the local authority as a result of the moratorium 29 or noncompliance with standards in the bill. If the local 30 authority is unable to determine the amount of property tax 31 revenue, the bill requires the local authority to compare 32 itself to another local authority with a similar population 33 that has not adopted a renewable electric power generation 34 moratorium and that complies with the standards in the bill, 35 -11- LSB 5997YC (2) 91 sb/js 11/ 12

H.F. _____ and to determine the amount of property tax revenue generated 1 annually by facilities in that comparable jurisdiction. 2 The bill also requires the local authority to hold a public 3 hearing to discuss the reasons for the renewable electric power 4 generation moratorium or noncompliant standards. The public 5 hearing must include a demonstration that the moratorium or 6 noncompliant standards are necessary to prevent an adverse 7 impact on the health or safety of the local authority’s 8 residents or public facilities. 9 The bill expounds that a local authority is not required 10 to adopt standards for approval of renewable electric power 11 generation facilities; however, a local authority with existing 12 siting standards in effect on or after the effective date 13 of the bill that do not comply with the bill must amend the 14 standards to comply with the bill by December 31, 2026, or 15 follow the noncompliance procedures described in the bill. 16 -12- LSB 5997YC (2) 91 sb/js 12/ 12