SF 2447 (LSB 2223SV (1) 91)

SENATE FILE 2447

BY  COMMITTEE ON COMMERCE

(SUCCESSOR TO SF 376)

A BILL FOR

An Act relating to the siting and operation of renewable electric power generating facilities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 476.53A, Code 2025, 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 excess 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.  “Battery energy storage system” means an electrochemical device that charges, or collects, energy from the grid or a generation facility, stores that energy, and then discharges that energy at a later time to provide electricity or other grid services.
   c.  “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.
   d.  “Local authority” means a city as defined in section 362.2 or a county as provided in chapter 331.
   e.  “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.
   f.  “Public road right-of-way” means the same as defined in section 306.3.
   g.  “Railroad right-of-way” means the same as defined in section 476.27.
   h.  “Renewable electric power generation facility” means a battery energy storage system, a solar energy conversion facility, or a wind energy conversion facility.
   i.  “Repowering” means the same as defined in section 476.53.
   j.  “Solar energy conversion facility” means a solar energy conversion facility, as defined in section 476C.1, that has a nameplate generating capacity greater than one hundred kilowatts.
   k.  “Unoccupied structure” means a building or structure that is not occupied or used primarily for human habitation at the time of siting.
   l.  “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.
   (4)  Each wind turbine shall not exceed the height allowed under the determination of no hazard for that turbine from the federal aviation administration obstruction evaluation under 14 C.F.R. pt. 77.
   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.
   5.  A local authority may determine setback standards for solar energy conversion facilities. For purposes of this subsection, distance shall be measured from the nearest aboveground point of a solar facility, not including any fencing, to the nearest point of the abutting dwelling, overhead utility line, electric substation, nonparticipating property line, public road right-of-way, railroad right-of-way, or unoccupied structure. The standards shall be no greater than:
   a.  Fifty feet from the near edge of any existing nonparticipating property line or one hundred feet from any existing abutting dwelling or community building, whichever is greater.
   b.  Fifty feet from any existing overhead utility line, substation, public road right-of-way, or railroad right-of-way.
   6.  A local authority may determine setback standards for battery energy storage systems. For purposes of this subsection, distance shall be measured from the nearest storage container edge to the nearest point of the abutting dwelling, overhead utility line, electric substation, nonparticipating property line, public road right-of-way, railroad right-of-way, or unoccupied structure. The standards shall be no greater than:
   a.  Fifty feet from any existing participating property line.
   b.  One hundred feet from any existing nonparticipating property line or any existing abutting dwelling or community building.
   c.  Fifty feet from any existing nonassociated transmission, substation, or distribution lines.
   d.  Fifty feet from any public road right-of-way or railroad right-of-way.
   7.  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. Sound modeling shall be completed by a professional board-certified by the institute of noise control engineering, or an appropriately licensed professional engineer.
   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.
   d.  A requirement that renewable electric power generation facilities meet all applicable national electric safety code and international building code requirements.
   e.  A requirement that renewable electric power generation facilities meet all applicable provisions of national fire protection association standard 855.
   f.  A requirement that renewable electric power generation facilities for fencing are no more restrictive than the requirement issued by the national electric safety code.
   g.  A requirement for solar energy conversion facilities to maintain appropriate ground cover within the solar energy conversion facility’s fence line throughout the life of the facility to minimize erosion.
   h.  A height requirement for solar energy conversion facilities for a minimum one and one-half feet panel height from the ground, exclusive of supporting infrastructure, with no additional or higher minimum height requirements for the solar energy conversion facility.
   8.  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.
   9.  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, solar energy conversion system, or battery energy storage system. A local authority may not require the facility owner to pay costs, fees, or charges for administrative or road work that is not specifically and uniquely attributable to the approval and construction of the facility.
   10.  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.
   11.  Ordinances, limitations, or other requirements imposed after an application for approval, rezoning, or a special or conditional use permit for a renewable electric power generation facility has been submitted or previously approved shall not be construed to limit or impair the construction, operation, or maintenance of the renewable electric power generation facility.
   12.  A local authority shall not prohibit an affected landowner or other entity from waiving any requirements under this section by the conveyance of an easement or other property interest.
   13.  a.  A local authority may require the owner of the proposed renewable electric power generation facility to 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 renewable electric power generation facility. Removal requirements of underground project infrastructure may not exceed a maximum depth of four feet. 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. 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 estimated 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 renewable electric power generation 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 renewable electric power generation facility owned or operated by a public utility regulated by the Iowa utilities commission.
   14.  A renewable electric power generation 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.
   15.  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 renewable electric power generation 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.
   d.  This section shall not apply to the repowering of a renewable electric power generation facility, which is not already excluded under paragraph “c”, existing on or before January 1, 2025, provided that the repowering does not require the issuance of any new permits, or amendments to existing permits, from a local authority. This section shall apply to the repowering of a renewable electric power generation facility existing on or before January 1, 2025, when such repowering requires the issuance of any new permits, or amendments to existing permits, from a local authority.
   16.  a.  A local authority within one hundred twenty calendar days of receiving an application requesting approval, rezoning, or a special or conditional use permit for a renewable electric power generation facility, or modification of an approved siting, rezoning, or special or conditional use permit, shall comply with the following provisions:
   (1)  Review the application for conformity with applicable local zoning regulations, building permit requirements, and consistency with this chapter. An application is deemed to be complete unless the local authority notifies the applicant in writing, within thirty calendar days of submission of the application, specifying the deficiencies in the application that, if cured, would make the application complete. The local authority’s time frame to review the application is tolled beginning the date the notice is sent. The local authority’s time frame of one hundred twenty days for review of the application shall continue running when the applicant cures the specified deficiencies. Following the applicant’s supplemental submission, the local authority has ten days to notify the applicant if the supplemental submission did not provide the information identified in the original notice that specified deficiencies in the application. The local authority’s time frame of one hundred twenty days to review the application is tolled in the case of second or subsequent notices in conformance with this subparagraph. The local authority shall not include deficiencies in a second or subsequent notice that were not delineated in the original notice. The local authority’s time frame for review does not toll if the local authority requests information regarding any of the considerations a local authority may not consider according to this section.
   (2)  Make its final decision to approve or disapprove the application.
   (3)  Advise the applicant in writing of its final decision.
   b.  A local authority must approve, approve with modifications, or deny an application requesting approval, rezoning, or a special or conditional use permit for a renewable electric power generation facility or modification of an approved rezoning or special or conditional 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.
   17.  a.  A local authority shall not adopt regulations that explicitly or implicitly disallow a renewable electric power generation facility from being developed or operated in any district zoned to allow agricultural or industrial use. A local authority may not prohibit or otherwise limit renewable electric power generation facility development based on corn suitability rating as calculated using the methodology recognized by the Iowa state university of science and technology. A local authority may not limit the size of any specific project or create caps on projects based on total land mass within the local jurisdiction.
   b.  A local authority may place one temporary moratorium for up to six months on the installation of a wind energy conversion facility for the purpose of adopting new regulations that are consistent with this section. All new, revised, or amended ordinances or regulations pertaining to solar or solar energy conversion facilities shall only be prospectively applied.
   c.  Nothing in this section requires a local authority to adopt standards for approval of renewable electric power generation facilities.
    Sec. 2.  COMPLIANCE BY LOCAL AUTHORITIES.  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 Act, the local authority must amend the standard to comply with this Act by December 31, 2025.
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 renewable electric power generation facilities.
   The bill creates standard-making ability for local authorities approving a renewable electric power generation 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, a requirement that an applicant for a proposed facility shall agree to repair any damages caused by the facility, wind turbine height limitations, electric code and building code standards, fire protection standards, fencing limitations, ground cover standards, and solar energy conversion facility panel height requirements. 
   The bill requires a local authority to utilize reasonable estimates for application approval costs and prohibits the local authority from requiring the facility owner to pay for administration or road work that is not directly attributable to the approval and construction of the facility. 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 an affected landowner or other entity 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 commission 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 wind energy conversion 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, subject to certain conditions.
   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. The bill provides that a local authority may not prohibit or otherwise limit renewable electric power generation facility development based on corn suitability rating as calculated using the methodology recognized by the Iowa state university of science and technology. The bill prohibits a local authority from limiting the size of any specific project or creating caps on projects based on total land mass within the local jurisdiction.
   The bill allows a local authority to place one temporary moratorium for up to six months on the installation of a wind energy conversion facility for the purpose of adopting new regulations that are consistent with the bill. The bill provides that all new, revised, or amended ordinances or regulations pertaining to solar or solar energy conversion facilities shall only be prospectively applied.
   The bill expounds that a local authority is not required to adopt standards for approval of renewable electric power generation facilities; however, a local authority with existing siting standards in effect on or after the effective date of the bill that do not comply with the bill must amend the standards to comply with the bill by December 31, 2025.