Airspace; removing exceptions for wind and solar energy agreements. Effective date.
The implications of SB764 could be significant for landowners and developers involved in renewable energy projects. By eliminating the exceptions for wind and solar energy agreements, the bill potentially limits the ability of entities to utilize airspace above properties for renewable energy generation. This change may affect future developments in wind turbines and solar installations, as rights to use airspace may now more closely adhere to land ownership, complicating agreements that were previously standard under the exceptions.
Senate Bill 764 aims to amend existing statutes regarding airspace, defining it explicitly as real property and outlining the rights, interests, and estates associated with airspace ownership. The bill seeks to clarify that unless airspace rights are specifically transferred, they remain with the titleholder of the land beneath it. This legislation removes the existing exceptions that pertain to agreements involving wind and solar energy, effectively shifting the landscape of property rights regarding airspace.
Points of contention surrounding the bill could arise from concerns about its impact on renewable energy initiatives within the state. Advocates for renewable energy may argue that the removal of exceptions makes it more difficult to explore and implement solutions that harness wind and solar resources, which are crucial for transitioning to sustainable energy practices. There is likely to be a dialogue among stakeholders balancing property rights with the urgent need for renewable energy development.
The bill is set to take effect on November 1, 2023, providing a timeline for landowners and energy developers to prepare for the changes in law.