Senate Study Bill 3169 - Introduced 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 1 energy conversion facilities. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6148XC (4) 90 lh/js
S.F. _____ Section 1. Section 476.53A, Code 2024, is amended to read 1 as follows: 2 476.53A Renewable electric power generation. 3 1. It is the intent of the general assembly to encourage 4 the development of renewable electric power generation. It 5 is also the intent of the general assembly to encourage the 6 use of renewable power to meet local electric needs and the 7 development of transmission capacity to export wind power 8 generated in Iowa. 9 2. To implement the intent of the general assembly and 10 promote uniformity, the standards in this section shall 11 apply to the approval by local authorities of all wind energy 12 conversion facilities proposed after January 1, 2025. 13 3. For purposes of this section, unless the context 14 otherwise requires: 15 a. Abutting dwelling means an occupied building or 16 structure used primarily for human habitation that is located 17 on nonparticipating property. 18 b. Community building means any one or more of the 19 following buildings that is existing and occupied on the date 20 that the application for approval, rezoning, or a special or 21 conditional use permit is filed with the county: a school, a 22 place of worship, a day care facility, a public library, or a 23 community center. 24 c. Local authority means a city as defined in section 25 362.2 or a county as provided in chapter 331. 26 d. Nonparticipating property means any real property owned 27 by a person who has not granted written permission, consent, 28 an easement, or other similar agreement pertaining to a wind 29 energy conversion facility on such property. 30 e. Public road right-of-way means the same as defined in 31 section 306.3. 32 f. Railroad right-of-way means the same as defined in 33 section 476.27. 34 g. Repowering means the same as defined in section 476.53. 35 -1- LSB 6148XC (4) 90 lh/js 1/ 8
S.F. _____ h. Unoccupied structure means a building or structure that 1 is not occupied or used primarily for human habitation at the 2 time of siting. 3 i. Wind energy conversion facility or facility means a 4 wind energy conversion facility, as defined in section 476C.1, 5 or a wind turbine that is part of a wind energy conversion 6 system, that has a nameplate generating capacity greater than 7 one hundred kilowatts. 8 4. a. A local authority may determine setback standards 9 for wind energy conversion facilities that, notwithstanding any 10 statute or regulation to the contrary, shall be no greater than 11 and shall not include any setback requirements beyond those in 12 this subsection: 13 (1) The facility shall be sited three times the total 14 height of a wind energy conversion facility to be constructed 15 on a proposed facility from any existing abutting dwelling or 16 community building. 17 (2) The facility shall be sited one and one-tenth times 18 the total height of a wind energy conversion facility to 19 be constructed on a proposed facility from any existing 20 nonparticipating property. 21 (3) The facility shall be sited one and one-tenth times 22 the total height of a wind energy conversion facility to be 23 constructed on a proposed facility from any existing overhead 24 utility line, electric substation, public road right-of-way, 25 railroad right-of-way, or unoccupied structure. 26 b. For purposes of this subsection, the facility site 27 distance shall be measured from the center of the wind energy 28 conversion facility foundation to the nearest point of the 29 abutting dwelling, community building, nonparticipating 30 property, overhead utility line, electric substation, public 31 road right-of-way, railroad right-of-way, or unoccupied 32 structure. 33 c. For purposes of this subsection, the total height of 34 a wind energy conversion facility shall be measured as the 35 -2- LSB 6148XC (4) 90 lh/js 2/ 8
S.F. _____ distance from ground level to the tip of the wind energy 1 conversion facilitys blade at its highest vertical point. 2 d. A local authority must provide a process for the owner of 3 any abutting dwelling, nonparticipating property, or community 4 building to waive the standards in this section or those 5 adopted by a local authority. 6 5. A local authority may only implement the following 7 additional standards and only to the extent specified in this 8 subsection: 9 a. A shadow flicker standard that is no more restrictive 10 than thirty hours per year under planned operating conditions 11 as indicated by industry standard computer modeling measured 12 from an abutting dwelling or community building. 13 b. A sound limitation that is no more restrictive than 14 a maximum forty-seven decibel sound from the wind energy 15 conversion facility as measured at an existing abutting 16 dwelling or community building. Decibel modeling shall use the 17 A-weighted scale as designed by the American national standards 18 institute. 19 c. A requirement that the applicant of a proposed wind 20 energy conversion facility shall agree to repair or replace any 21 damaged drainage infrastructure if directly attributable to the 22 construction or operation of the facility. 23 6. A local authority must use reasonable estimates of the 24 cost of approving an application for a facility, which shall 25 not exceed one thousand dollars per wind energy conversion 26 system or one hundred dollars per wind energy conversion 27 facility, whichever is greater. 28 7. A local authority shall not prohibit or regulate testing 29 activities undertaken by a wind energy conversion facility 30 owner for purposes of determining the suitability of the 31 placement of a wind energy conversion facility. 32 8. Ordinances, limitations, or other requirements imposed 33 after an application for approval, rezoning, or a special or 34 conditional use permit for a wind energy conversion facility 35 -3- LSB 6148XC (4) 90 lh/js 3/ 8
S.F. _____ has been submitted or previously approved shall not be 1 construed to limit or impair the construction, operation, or 2 maintenance of the wind energy conversion facility. 3 9. A local authority shall not prohibit a landowner from 4 waiving any requirements under this section by the conveyance 5 of an easement or other property interest. 6 10. a. A local authority may require that the owner of 7 the proposed wind energy conversion facility file with the 8 county recorder of the county or counties in which the proposed 9 facility will be located a decommissioning plan outlining 10 measures that will be taken to return the land to a reasonably 11 similar state to the condition that existed before construction 12 of the wind energy conversion facility. If the proposed 13 facility will be located within two miles of the corporate 14 limits of a city, the owner of the proposed facility may also 15 be required to file the plan with the city clerk of the city. A 16 local authority shall not require a revision or amendment of 17 a decommissioning plan. 18 b. A local authority may require the owner to provide 19 in the decommissioning plan proof of financial assurance to 20 fund decommissioning efforts, which assurance is calculated 21 by an independent third party as the estimate costs of 22 decommissioning, inclusive of net salvage value, no earlier 23 than the following schedule: 24 (1) Five percent of determined decommissioning costs 25 committed by the initial commercial operation date. 26 (2) One hundred percent of determined decommissioning costs 27 committed by the fifteenth year of commercial operation. 28 c. After the fifteenth year of commercial operation, the 29 owner of the wind energy conversion facility may reestimate the 30 cost of decommissioning, inclusive of net salvage value, using 31 an independent third party for the purpose of redetermining the 32 amount required for financial assurance. 33 d. Evidence of financial security may be in the form of a 34 surety bond, collateral bond, parent guaranty, cash, cashiers 35 -4- LSB 6148XC (4) 90 lh/js 4/ 8
S.F. _____ check, certificate of deposit, bank joint custody receipt, or 1 other approved negotiable instrument. 2 e. This subsection shall not apply to a wind energy 3 conversion facility owned or operated by a public utility 4 regulated by the Iowa utilities board. 5 11. A wind energy conversion facility shall be presumed 6 abandoned if the facility fails to operate for more than 7 twenty-four consecutive months without generating energy, 8 excluding repowering or required maintenance events or force 9 majeure events outside of the owners control. The owner of 10 the abandoned facility shall be responsible for the removal of 11 the facility, including the removal of infrastructure four feet 12 below ground level and subject to any reasonable additional 13 conditions of a decommissioning plan filed with the local 14 authority. 15 12. a. This section shall not apply to a wind energy 16 conversion facility that has a nameplate capacity of 17 twenty-five or more megawatts on any single gathering line 18 and if the facility has applied for certification pursuant to 19 chapter 476A. 20 b. This section shall not apply to a wind energy conversion 21 facility that is operating or has submitted an application for 22 the issuance of permits on or before the effective date of this 23 Act. 24 c. This section shall not apply to the repowering of a wind 25 energy conversion facility existing on or before January 1, 26 2025. 27 13. a. A request for approval, rezoning, or a special or 28 conditional use permit for a wind energy conversion facility or 29 modification of an approved siting, rezoning, or conditional 30 or special use permit, shall be approved if the request is 31 in compliance with this section and regulations of local 32 authorities that are not inconsistent with this section. 33 b. A local authority must approve, approve with 34 modifications, or deny a request for approval, rezoning, or a 35 -5- LSB 6148XC (4) 90 lh/js 5/ 8
S.F. _____ special or conditional use permit for a wind energy conversion 1 facility or modification of an approved rezoning or conditional 2 or special use permit within one hundred twenty days of the 3 submission of an application. 4 c. Denial of an application for approval, rezoning, or a 5 special or conditional use permit by a local authority must 6 be based on substantial evidence in the record of material 7 noncompliance with one or more specific provisions of this 8 section or regulations of local authorities that are not 9 inconsistent with this section. An appeal of such a denial by 10 an adversely affected party may be brought by certiorari as 11 provided in sections 335.18 and 335.19. The reviewing court 12 shall expedite the proceeding to the extent practicable. 13 14. a. A local authority shall not adopt regulations that 14 explicitly or implicitly disallow a wind energy conversion 15 facility from being developed or operated in any district zoned 16 to allow agricultural or industrial use. 17 b. A local authority may place a temporary moratorium on 18 the installation of a wind energy conversion facility for the 19 purpose of adopting new regulations that are consistent with 20 this section. A temporary moratorium may not be imposed for a 21 period longer than one hundred twenty days. 22 c. Nothing in this section requires a local authority 23 to adopt standards for approval of wind energy conversion 24 facilities. 25 15. If any local authority has a standard in effect on or 26 after the effective date of this Act that does not comply with 27 the provisions in this section, the local authority must amend 28 the standard to comply with this section by December 31, 2024. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanations substance by the members of the general assembly. 32 This bill relates to siting and operation of certain wind 33 energy conversion facilities. 34 The bill creates standard-making ability for local 35 -6- LSB 6148XC (4) 90 lh/js 6/ 8
S.F. _____ authorities approving a wind energy conversion facility 1 (facility) proposed after January 1, 2025. 2 The bill sets guidelines for a local authority to implement 3 a facility setback standard, which shall include a facilitys 4 distance from specified existing buildings based on the 5 facilitys height. The local authority must include a process 6 for an owner of an abutting dwelling, nonparticipating 7 property, or community building to waive the setback standards. 8 The bill includes additional standards a local authority 9 may implement including shadow flicker standards, sound 10 limitations, and a requirement that an applicant for a proposed 11 facility shall agree to repair any damages caused by the 12 facility. 13 The bill requires a local authority to utilize reasonable 14 estimates for application approval costs. A local authority 15 shall not prohibit or regulate a facility testing the 16 suitability of a facility placement. Any regulations enacted 17 after the application for a facility permit shall not limit the 18 construction, operation, or maintenance of that facility. A 19 local authority shall not prohibit a landowner from waiving 20 requirements by conveyance of an easement. 21 The bill provides that a local authority may require a 22 facility that is not owned or operated by a public utility 23 regulated by the Iowa utilities board to file a decommissioning 24 plan including certain measures. The local authority is 25 prohibited from requiring a facility to provide a revision or 26 amendment of a decommissioning plan. 27 The bill requires a facility to be presumed abandoned if 28 the facility has not been in operation for 24 months, with 29 some exceptions. The owner of the abandoned facility is 30 responsible for removing the facility and is subject to any 31 other reasonable conditions in the decommissioning plan if 32 applicable. 33 The bill shall not apply to a facility with a nameplate 34 capacity of 25 or more megawatts and that has applied for 35 -7- LSB 6148XC (4) 90 lh/js 7/ 8
S.F. _____ certification under Code chapter 476A, a facility that is 1 currently operating or has applied for certification before the 2 enactment of the bill, or the repowering of a facility existing 3 on or before January 1, 2025. 4 The bill requires a local authority to approve a request 5 by a facility if the request is in compliance with the bill. 6 A local authority shall issue a decision on a request by a 7 facility within 120 days of the request submission. The denial 8 of a request shall be supported by substantial evidence of 9 noncompliance by the facility. 10 The bill prohibits a local authority from disallowing the 11 development of a facility in an agricultural or industrial 12 district. If a local authority has enacted a standard in 13 effect on or after the effective date of the bill that does 14 not comply with the bill, the local authority must amend the 15 standard to comply with the bill by December 31, 2024. 16 -8- LSB 6148XC (4) 90 lh/js 8/ 8