Bill Text: IA SSB3169 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the siting and operation of certain wind energy conversion facilities.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-02-13 - Subcommittee recommends amendment and passage. []. [SSB3169 Detail]
Download: Iowa-2023-SSB3169-Introduced.html
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
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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.
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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
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distance
from
ground
level
to
the
tip
of
the
wind
energy
1
conversion
facility’s
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
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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,
cashier’s
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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
owner’s
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
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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
explanation’s
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
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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
facility’s
4
distance
from
specified
existing
buildings
based
on
the
5
facility’s
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
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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.
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