Bill Text: IA SSB3128 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the regulation of renewable energy projects and including applicability provisions.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-13 - Subcommittee returns the bill to Committee without recommendation. [SSB3128 Detail]
Download: Iowa-2019-SSB3128-Introduced.html
Senate
Study
Bill
3128
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
DAWSON)
A
BILL
FOR
An
Act
relating
to
the
regulation
of
renewable
energy
projects
1
and
including
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
Section
1.
Section
331.304A,
Code
2020,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
3.
Beginning
July
1,
2020,
a
county
3
shall
not
adopt
or
enforce
county
legislation
that
imposes
a
4
limitation
or
regulation
on
a
renewable
energy
project,
as
5
defined
in
section
476A.1,
that
has
a
total
capacity
of
at
6
least
twenty-five
megawatts
of
electricity.
7
Sec.
2.
Section
476A.1,
subsection
5,
Code
2020,
is
amended
8
to
read
as
follows:
9
5.
“Facility”
means
any
electric
power
generating
plant
10
or
a
combination
of
plants
at
a
single
site,
owned
by
any
11
person,
with
a
total
capacity
of
twenty-five
megawatts
of
12
electricity
or
more
and
those
associated
transmission
lines
13
connecting
the
generating
plant
to
either
a
power
transmission
14
system
or
an
interconnected
primary
transmission
system
or
15
both.
Transmission
lines
subject
to
the
provisions
of
this
16
subchapter
shall
not
require
a
franchise
under
chapter
478
.
of
17
the
following:
18
a.
A
renewable
energy
project.
19
b.
An
electric
power
generating
plant
or
a
combination
20
of
plants
at
a
single
site,
owned
by
any
person,
with
a
21
total
capacity
of
twenty-five
megawatts
of
electricity
or
22
more
and
those
associated
transmission
lines
connecting
23
the
generating
plant
to
either
a
power
transmission
system
24
or
an
interconnected
primary
transmission
system
or
both.
25
Transmission
lines
subject
to
the
provisions
of
this
subchapter
26
shall
not
require
a
franchise
under
chapter
478.
27
Sec.
3.
Section
476A.1,
Code
2020,
is
amended
by
adding
the
28
following
new
subsection:
29
NEW
SUBSECTION
.
7.
“Renewable
energy
project”
means
30
construction
or
installation,
or
a
material
change
to
a
31
completed
installation,
in
the
same
geographic
area
related
32
to
the
collection
and
conversion
of
wind
or
incident
solar
33
radiation
into
energy
to
generate
electricity
irrespective
of
34
the
power
capacity
of
any
connected
common
gathering
line.
A
35
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_____
renewable
energy
project
does
not
include
a
project
for
which
1
the
generated
electricity
is
planned
to
be
primarily
consumed
2
on
the
property
or
immediately
adjacent
to
the
property.
3
Sec.
4.
APPLICABILITY.
The
following
applies
to
a
facility
4
installed
or
constructed,
or
for
which
all
real
property
5
interests
are
obtained,
on
or
after
July
1,
2020:
6
The
sections
of
this
Act
amending
section
476A.1.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
This
bill
relates
to
renewable
energy
projects,
including
11
the
authority
of
counties
and
the
utilities
board
within
the
12
utilities
division
of
the
department
of
commerce
to
regulate
13
renewable
energy
projects.
14
The
bill
prohibits
counties,
after
July
1,
2020,
from
15
adopting
or
enforcing
an
ordinance,
motion,
resolution,
16
or
amendment
that
imposes
a
limitation
or
regulation
on
17
a
renewable
energy
project,
as
defined
in
Code
section
18
476A.1,
having
a
total
capacity
of
at
least
25
megawatts
of
19
electricity.
20
The
bill
defines
“renewable
energy
project”
in
Code
section
21
476A.1
to
mean
the
construction
or
installation
in
the
same
22
geographic
area
related
to
the
collection
and
conversion
of
23
wind
or
incident
solar
radiation
into
energy
to
generate
24
electricity
irrespective
of
the
power
capacity
of
any
connected
25
common
gathering
line.
The
bill
provides
that
a
project
for
26
which
the
generated
electricity
is
planned
to
be
primarily
27
consumed
on
or
immediately
adjacent
to
the
property
is
not
a
28
renewable
energy
project.
29
The
bill
amends
the
definition
of
“facility”
contained
in
30
Code
section
476A.1
to
include
a
renewable
energy
project.
As
31
a
result,
the
construction
of
a
renewable
energy
project
shall
32
be
subject
to
the
certification
requirements
contained
in
Code
33
chapter
476A.
34
The
bill
provides
that
the
sections
of
the
bill
amending
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