Bill Text: IA SF361 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the siting and operation of certain wind energy conversion facilities.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2019-02-27 - Subcommittee recommends amendment and passage. [SF361 Detail]
Download: Iowa-2019-SF361-Introduced.html
Senate
File
361
-
Introduced
SENATE
FILE
361
BY
BROWN
,
CHAPMAN
,
ZAUN
,
and
EDLER
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
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Section
1.
NEW
SECTION
.
476.49
Wind
energy
conversion
1
facilities
——
intent
——
siting
——
removal.
2
1.
a.
It
is
the
intent
of
the
general
assembly
to:
3
(1)
Support
the
establishment
and
growth
of
renewable
4
energy
in
the
state
through
common
sense
regulations
that
5
ensure
fairness
for
landowners,
public
utilities,
and
energy
6
consumers.
7
(2)
Prevent
regulatory
manipulation
efforts
by
unregulated
8
entities,
as
these
efforts
have
a
harmful
financial
impact
on
9
energy
consumers.
10
(3)
Encourage
statewide
uniform
standards
for
the
siting
11
and
development
of
wind
energy
conversion
facilities
in
the
12
state.
13
b.
Is
not
the
intent
of
the
general
assembly
to
negatively
14
affect
renewable
energy
generation
for
private
generation
15
customers,
rate-regulated
public
utilities,
municipally
owned
16
utilities,
or
rural
electric
cooperatives.
17
2.
For
purposes
of
this
section,
unless
the
context
18
otherwise
requires:
19
a.
“Abutting
dwelling”
means
an
occupied
building
or
20
structure
used
primarily
for
human
habitation
which
is
located
21
on
nonparticipating
property.
22
b.
“Local
authority”
means
the
same
as
defined
in
section
23
169C.1.
24
c.
“Nonparticipating
property”
means
any
real
property
25
owned
by
a
person
who
has
not
granted
permission,
an
easement,
26
or
other
similar
agreement
to
site
a
wind
energy
conversion
27
facility
on
such
property.
28
d.
“Public
road
right-of-way”
means
the
same
as
defined
in
29
section
306.3.
30
e.
“Railroad
right-of-way”
means
the
same
as
defined
in
31
section
321I.1.
32
f.
“Unoccupied
structure”
means
a
building
or
structure
33
which
is
not
occupied
or
used
primarily
for
human
habitation
34
at
the
time
of
siting.
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g.
“Wind
energy
conversion
facility”
or
“facility”
means
a
1
wind
energy
conversion
facility,
as
defined
in
section
476C.1,
2
which
has
a
nameplate
generating
capacity
greater
than
one
3
hundred
kilowatts.
4
3.
a.
A
wind
energy
conversion
facility
shall
be
sited
at
5
the
following
distances:
6
(1)
No
less
than
two
and
one-half
times
the
total
height
of
7
a
wind
turbine
to
be
constructed
on
a
proposed
facility
or
one
8
thousand
two
hundred
fifty
feet,
whichever
is
greater,
from
any
9
existing
abutting
dwelling
or
nonparticipating
property.
10
(2)
No
less
than
one
and
one-tenth
times
the
total
height
of
11
a
wind
turbine
to
be
constructed
on
a
proposed
facility
or
five
12
hundred
feet,
whichever
is
greater,
from
any
existing
overhead
13
utility
line,
electric
substation,
public
road
right-of-way,
14
railroad
right-of-way,
or
unoccupied
structure.
15
b.
For
purposes
of
this
subsection,
distance
shall
be
16
measured
from
the
center
of
the
wind
energy
conversion
facility
17
foundation
to
the
nearest
point
of
the
abutting
dwelling,
18
overhead
utility
line,
electric
substation,
nonparticipating
19
property,
public
road
right-of-way,
railroad
right-of-way,
or
20
unoccupied
structure.
21
c.
For
purposes
of
this
subsection,
the
total
height
of
22
a
wind
turbine
shall
be
measured
as
the
distance
from
ground
23
level
to
the
tip
of
the
wind
turbine’s
blade
at
its
highest
24
vertical
point.
25
4.
a.
Prior
to
the
siting
of
a
proposed
wind
energy
26
conversion
facility,
the
owner
of
the
proposed
facility
shall
27
notify
the
owner
or
operator
of
any
registered
or
licensed
28
tower
used
for
emergency
services
communications
which
is
29
located
within
a
five-mile
radius
of
the
proposed
location.
30
b.
A
wind
energy
conversion
facility
shall
be
sited
at
a
31
location
which
does
not
interfere
with
any
existing
emergency
32
services
communication
equipment
or
systems.
If
the
facility
33
interferes
with
any
such
communication
equipment
or
systems,
34
the
owner
of
the
facility
shall
take
all
steps
necessary
to
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mitigate
the
effects
of
the
interference.
1
5.
Prior
to
the
siting
of
a
proposed
wind
energy
conversion
2
facility,
the
owner
of
the
proposed
facility
shall
file
a
3
decommissioning
plan
with
the
county
recorder
of
the
county
in
4
which
the
proposed
facility
will
be
located.
If
the
proposed
5
facility
will
be
located
within
two
miles
outside
the
corporate
6
limits
of
a
city,
the
owner
of
the
proposed
facility
shall
also
7
file
the
plan
with
the
city
clerk
of
the
city.
The
plan
shall
8
be
accompanied
by
a
bond
or
an
irrevocable
letter
of
credit
9
in
an
amount
sufficient
to
cover
the
costs
of
removal
of
the
10
facility.
This
subsection
shall
not
apply
to
a
wind
energy
11
conversion
facility
owned
or
operated
by
a
rate-regulated
12
public
utility.
13
6.
A
wind
energy
conversion
facility
shall
be
presumed
14
abandoned
if
the
facility
fails
to
operate
or
be
staffed
for
15
more
than
twenty-four
consecutive
months
without
generating
16
energy.
The
owner
of
the
abandoned
facility
shall
be
17
responsible
for
the
removal
of
the
facility,
including
the
18
removal
of
infrastructure
four
feet
below
ground
level.
19
7.
This
section
does
not
prohibit
a
local
authority
20
from
imposing
additional
or
more
restrictive
regulations
or
21
requirements
relating
to
the
siting
or
removal
of
wind
energy
22
conversion
facilities,
except
to
the
extent
such
regulations
or
23
requirements
conflict
with
this
section
or
any
other
provision
24
of
law.
25
8.
This
section
does
not
prohibit
a
landowner
from
waiving
26
any
requirements
under
this
section
by
conveying
an
easement
or
27
other
property
interest.
28
9.
a.
This
section
shall
not
apply
to
a
wind
energy
29
conversion
facility
existing
on
or
before
January
1,
2020,
or
a
30
wind
energy
conversion
facility,
the
construction
of
which
is
31
begun
prior
to
January
1,
2020,
as
demonstrated
through
proof
32
of
design
and
the
issuance
of
permits,
easements,
or
other
33
property
interests,
and
the
construction
of
which
is
scheduled
34
for
completion
no
later
than
January
1,
2021.
The
board
may
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for
good
cause
shown
grant
additional
time
for
the
completion
1
of
a
facility
scheduled
for
completion
by
January
1,
2021,
for
2
a
period
not
to
exceed
twelve
months.
3
b.
This
section
shall
not
apply
to
the
repowering
of
a
4
wind
energy
conversion
facility
existing
on
or
before
January
5
1,
2020,
provided
that
the
repowering
does
not
result
in
a
6
violation
of
subsection
3.
For
purposes
of
this
paragraph,
7
“repowering”
shall
mean
the
same
as
defined
in
section
476.53.
8
10.
The
board
may
adopt
rules
necessary
for
the
9
implementation
of
this
section.
10
Sec.
2.
NEW
SECTION
.
476.49A
Wind
energy
conversion
11
facilities
——
connection
with
electric
distribution
system.
12
1.
A
wind
energy
conversion
facility,
as
defined
in
section
13
476C.1,
which
has
a
nameplate
generating
capacity
greater
than
14
five
hundred
kilowatts
shall
not
connect
with
the
electric
15
distribution
system
unless
authorized
by
the
board
in
a
16
contested
case
proceeding
pursuant
to
chapter
17A.
The
board
17
shall
set
the
case
for
hearing
and
give
such
notice
thereof
as
18
it
deems
appropriate.
The
board
shall,
as
part
of
its
review,
19
consider
engineering
studies
conducted
by
affected
public
20
utilities.
21
2.
This
section
shall
not
apply
to
a
wind
energy
conversion
22
facility
owned
or
operated
by
a
rate-regulated
public
utility.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
establishes
new
Code
sections
476.49
and
476.49A,
27
relating
to
the
siting
and
operation
of
certain
wind
energy
28
conversion
facilities.
29
New
Code
section
476.49
provides
certain
siting
requirements
30
for
wind
energy
conversion
facilities
which
have
a
nameplate
31
generating
capacity
greater
than
100
kilowatts.
The
bill
32
provides
that
it
is
the
intent
of
the
general
assembly
to:
33
support
the
establishment
and
growth
of
renewable
energy
in
34
Iowa
through
common
sense
regulations
that
ensure
fairness;
35
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361
prevent
regulatory
manipulation
efforts
by
unregulated
1
entities;
and
encourage
statewide
uniform
standards
for
the
2
siting
and
development
of
wind
energy
conversion
facilities
3
in
Iowa.
The
bill
provides
that
it
is
not
the
intent
of
4
the
general
assembly
to
negatively
affect
renewable
energy
5
generation
for
private
generation
customers,
rate-regulated
6
public
utilities,
municipally
owned
utilities,
or
rural
7
electric
cooperatives.
8
The
bill
provides
that
a
facility
shall
be
sited
at
a
9
distance
no
less
than
the
greater
of
two
and
one-half
times
10
the
total
height
of
a
wind
turbine
to
be
constructed
on
a
11
proposed
facility,
as
described
in
the
bill,
or
1,250
feet
12
from
any
existing
abutting
dwelling
or
nonparticipating
13
property,
and
at
a
distance
no
less
than
the
greater
of
one
14
and
one-tenth
times
the
total
height
of
a
wind
turbine
or
15
500
feet
from
any
existing
overhead
utility
line,
electric
16
substation,
public
road
right-of-way,
railroad
right-of-way,
17
or
unoccupied
structure.
The
bill
includes
definitions
for
18
“abutting
dwelling”,
“nonparticipating
property”,
“public
19
road
right-of-way”,
“railroad
right-of-way”,
and
“unoccupied
20
structure”.
21
The
bill
provides
that
prior
to
the
siting
of
a
proposed
22
facility,
the
owner
of
the
proposed
facility
shall
notify
the
23
owner
or
operator
of
any
registered
or
licensed
emergency
24
services
communications
tower
located
within
a
five-mile
radius
25
of
the
proposed
location.
A
facility
shall
be
sited
at
a
26
location
which
does
not
interfere
with
any
existing
emergency
27
services
communication
equipment
or
systems.
If
the
facility
28
interferes
with
any
such
equipment,
the
owner
of
the
facility
29
shall
take
all
necessary
steps
to
mitigate
the
interference.
30
The
bill
provides
that
prior
to
the
siting
of
a
proposed
31
facility,
the
owner
of
the
proposed
facility
shall
file
32
a
decommissioning
plan
with
the
county
where
the
proposed
33
facility
will
be
located,
and
specified
cities
if
applicable.
34
The
plan
shall
be
accompanied
with
a
bond
or
irrevocable
letter
35
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of
credit
in
an
amount
sufficient
to
cover
the
costs
of
removal
1
of
the
facility.
This
requirement
does
not
apply
to
a
facility
2
owned
or
operated
by
a
rate-regulated
public
utility.
3
The
bill
provides
that
a
facility
shall
be
presumed
4
abandoned
and
shall
be
removed
by
the
owner,
including
the
5
removal
of
infrastructure
four
feet
below
ground
level,
if
6
the
facility
fails
to
operate
or
be
staffed
for
more
than
24
7
consecutive
months
without
generating
energy.
8
The
bill
provides
that
it
does
not
prohibit
local
9
authorities
from
imposing
additional
or
more
restrictive
10
requirements
relating
to
the
siting
or
removal
of
facilities,
11
unless
such
requirements
conflict
with
the
bill
or
any
other
12
provision
of
law.
The
bill
also
provides
that
it
does
not
13
prohibit
a
landowner
from
waiving
any
requirements
of
the
bill
14
with
respect
to
siting.
15
The
bill
provides
that
it
does
not
apply
to
wind
energy
16
conversion
facilities
existing
on
or
before
January
1,
2020,
or
17
facilities
the
construction
of
which
is
begun
prior
to
January
18
1,
2020,
and
is
scheduled
for
completion
by
January
1,
2021,
19
as
described
in
the
bill.
The
Iowa
utilities
board
may
grant
20
additional
time
for
completion
of
such
a
facility
for
a
period
21
of
up
to
12
months
upon
a
showing
of
good
cause.
22
The
bill
provides
that
it
does
not
apply
to
the
repowering
of
23
a
wind
energy
conversion
facility
existing
on
or
before
January
24
1,
2020,
provided
that
the
repowering
does
not
violate
the
25
siting
distance
requirements
contained
in
the
bill.
26
The
bill
provides
that
the
board
may
adopt
rules
to
implement
27
Code
section
476.49.
28
New
Code
section
476.49A
provides
that
wind
energy
29
conversion
facilities
which
have
a
nameplate
generating
30
capacity
of
greater
than
500
kilowatts
shall
not
connect
with
31
the
electric
distribution
system
unless
authorized
by
the
board
32
pursuant
to
a
contested
case
proceeding,
after
notice
and
a
33
hearing.
In
doing
so,
the
board
shall
consider
engineering
34
studies
conducted
by
affected
public
utilities.
Code
section
35
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