Bill Text: MS HB1069 | 2026 | Regular Session | Engrossed
Bill Title: "MS Agricultural and Farmland Wind Tower Protection Act of 2026"; create.
Sponsorship: Partisan Bill (Republican 3)
Status: (Failed) 2026-03-30 - Died In Conference [HB1069 Detail]
Download: Mississippi-2026-HB1069-Engrossed.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Energy
By: Representatives Hale, Remak, Kinkade
House Bill 1069
(As Passed the House)
AN ACT TO ESTABLISH THE MISSISSIPPI AGRICULTURAL AND FARMLAND WIND TOWER PROTECTION ACT OF 2026; TO DEFINE AND REGULATE WIND TOWER FACILITIES; TO VEST EXCLUSIVE SITING, PERMITTING AND OPERATIONAL AUTHORITY IN THE MISSISSIPPI PUBLIC SERVICE COMMISSION; TO REQUIRE CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY, ENVIRONMENTAL AND AGRICULTURAL IMPACT ASSESSMENTS, PUBLIC NOTICE AND LANDOWNER CONSENT; TO IMPOSE STATEWIDE SETBACK REQUIREMENTS TO PROTECT AGRICULTURAL LANDS, AERIAL AGRICULTURAL OPERATIONS, RESIDENCES AND PUBLIC BUILDINGS; TO PROHIBIT WIND TOWER FACILITIES NEAR WILDLIFE REFUGES, WETLANDS, MIGRATORY BIRD CORRIDORS AND CRITICAL HABITATS; TO REQUIRE FINANCIAL ASSURANCE AND DECOMMISSIONING BONDS FOR SITE RESTORATION; TO SUBJECT WIND TOWER FACILITIES TO PUBLIC UTILITY LAWS; TO AUTHORIZE RULEMAKING AND INTERAGENCY CONSULTATION; TO CREATE THE WIND TOWER AGRICULTURAL AND ENVIRONMENTAL IMPACTS STUDY COMMITTEE AND REQUIRE A LEGISLATIVE REPORT; TO PROVIDE ENFORCEMENT AUTHORITY, CIVIL PENALTIES AND REMEDIATION REMEDIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Mississippi Agricultural and Farmland Wind Tower Protection Act of 2026."
SECTION 2. (1) The Legislature finds and declares that:
(a) Mississippi's farmland is a vital state resource and its preservation is essential to the state's economy and food supply;
(b) Agricultural aviation ("crop dusting") operations are critical to agricultural productivity, and tall structures such as wind towers present inherent risks to flight safety and aerial application routes;
(c) The state's wildlife habitats and migratory bird flyways, especially in the Mississippi Delta, are ecologically and economically significant, and rotating blade wind structures can negatively affect migratory birds, bats and wetland ecosystems;
(d) Both Arkansas and Texas have enacted protective legislation limiting the siting of wind tower facilities near wildlife areas, waterfowl habitats and agricultural lands, further requiring setback distances and financial assurance for decommissioning; and
(e) The federal "One Big Beautiful Tax Bill" (Public Law No. 119-21) eliminates most federal wind energy production and investment tax credits by 2028, reducing the financial incentive for speculative out-of-state wind development.
(2) It is the policy of the State of Mississippi to ensure that any wind tower development provides measurable public benefit, protects farmland and aviation safety, and is subject to proper state oversight.
SECTION 3. As used in this act the following terms shall have the meanings ascribed in the section unless context clearly requires otherwise:
(a) "Wind tower facility" means any installation of one or more wind turbines designed to generate electricity from wind power, including associated foundations, substations, access roads and transmission infrastructure, with a total rated capacity of five (5) megawatts or more.
(b) "Agricultural use land" means land actively used for growing crops or supporting aerial agricultural application, irrigation, or other primary farming activities.
(c) "Decommissioning" means removal of turbines, foundations and associated infrastructure and restoration of the site to productive agricultural condition.
(d) "Bond or financial assurance" means a surety bond, letter of credit, escrow account or similar instrument ensuring decommissioning and site restoration.
(e) "Setback" means the minimum straight-line distance between any tower base and specified protected boundaries.
(f) "Protected wildlife area" means any area under federal, state or local designation for wildlife, conservation or recreation, including, but not limited to, state wildlife-management areas, refuges, public waterfowl hunting grounds and migratory-fowl corridors.
(g) "Commission" means the Mississippi Public Service Commission.
(h) "Wildlife protection zone" is a legally defined geographical space set aside for long-term nature conservation, preserving biodiversity, habitats and ecosystem services through dedicated management and regulations that restrict or prohibit harmful activities like hunting, logging or development.
SECTION 4. (1) The Mississippi Public Service Commission shall have exclusive jurisdiction and authority over the siting, construction, expansion and operation of any wind tower facility in the State of Mississippi.
(2) No wind tower facility may be constructed, installed or operated without first obtaining approval from the commission under this section.
(3) No person shall construct or operate a wind tower facility in this state without obtaining a permit from the designated reviewing agency and approval from the commission. A permit application must include:
(a) A detailed site plan and environmental impact assessment;
(b) A certified agricultural impact assessment documenting potential interference with aerial agricultural operations, documentation of notice and public hearing within the affected county;
(c) Evidence of financial assurance sufficient to fully decommission and restore the site, adjusted every five (5) years;
(d) Compliance with setback and wildlife protection zones as defined in Section 3 of this act; and
(e) Written consent from any adjacent landowner within the defined setback radius if closer siting is proposed.
(4) (a) Any person or entity seeking to develop or operate a wind tower facility shall apply to the commission for a certificate of public convenience and necessity, as required under Section 77-3-11, consistent with the commission's existing statutory authority over electric utilities and generation facilities.
(b) The commission shall review whether the proposed facility:
(i) Provides a measurable public benefit to the State of Mississippi, including energy production, grid reliability, economic development or tax revenue;
(ii) Is technically and economically viable;
(iii) Will not create undue burdens or negative externalities for surrounding landowners or communities;
(iv) Complies with statewide agricultural, environmental and land-use protections established in this act;
(v) Includes adequate financial assurance for decommissioning; and
(vi) Is in the public interest of the State of Mississippi.
(c) The commission may deny an application if it finds that the project:
(i) Is not likely to produce meaningful electric output benefiting the state;
(ii) Is primarily designed to benefit private landowners or out-of-state investment firms without providing reciprocal value to Mississippi residents or taxpayers;
(iii) Creates undue risk to agricultural operations, aerial agricultural application, natural resources or surrounding communities; or
(iv) Otherwise fails to serve the public interest.
(5) Applicants must provide at least thirty (30) days' public notice to county boards and publish maps of all proposed tower locations within the county before permit approval.
SECTION 5. (1) A private lease, easement or agreement between a developer and a landowner shall not constitute authorization to construct or operate a wind tower facility absent approval of the Mississippi Public Service Commission.
(2) (a) The commission is authorized to adopt rules and procedures to implement this section, including minimum filing requirements, standards of technical and financial capability, environmental and agricultural impact review procedures, public notice and hearing requirements, ongoing reporting obligations and enforcement actions.
(b) The commission shall consult with the Mississippi Department of Agriculture and Commerce, the Mississippi Department of Wildlife, Fisheries and Parks (MDWFP), the Mississippi Aeronautics Commission, the Mississippi Department of Environmental Quality and other relevant entities when evaluating applications.
(3) All wind tower facilities shall be subject to Mississippi law governing public utilities, generation facilities and electrical infrastructure projects.
SECTION 6. (1) No tower may be erected within three thousand (3,000) feet of any property line of an adjacent parcel used for agricultural purposes unless all adjoining landowners provide written consent.
(2) No tower may be located within one (1) mile of a dwelling, school, church or public building.
(3) No wind tower facility shall be located within:
(a) Three (3) miles of any state or federal wildlife refuge, game management area or designated waterfowl habitat;
(b) Two (2) miles of any major river, lake or wetland area designated by the Mississippi Department of Wildlife Fisheries and Parks as critical habitat; or
(c) Any area identified by the Mississippi Department of Wildlife Fisheries and Parks or the United States Fish and Wildlife Service as a primary migratory bird corridor or bald eagle nesting area.
SECTION 7. Before construction of a wind tower facility, developers must post a decommissioning bond or escrow equal to the full estimated cost of removing all towers and restoring land to the preconstruction agricultural condition. A facility that ceases operation for twelve (12) consecutive months shall be deemed inactive, and the developer must begin removal within one hundred eighty (180) days or forfeit the bond to the state for site restoration. The reviewing agency may adjust the required bond amount periodically for inflation or updated cost estimates.
SECTION 8. There is established the Wind Tower Agricultural and Environmental Impacts Study Committee, which shall be composed of the following members:
(a) The Commissioner of Agriculture, who shall serve as the chairperson of the committee;
(b) The executive director of the Mississippi Department of Wildlife Fisheries and Parks;
(c) The executive secretary of the Public Service Commission staff;
(d) One (1) representative of the Mississippi Agricultural Aviation Association (MAAA);
(e) One (1) member appointed by the Mississippi Farm Bureau Federation:
(f) One (1) member from the Mississippi Delta Council; and
(g) Two (2) members of the Legislature, one (1) of whom shall be a Senator appointed by the Lieutenant Governor, and one (1) of whom shall be a Representative appointed by the Speaker of the House.
(2) The Committee shall:
(a) Study aviation incidents, wildlife mortality data and farmland loss associated with wind tower development;
(b) Develop statewide siting and permitting standards, including a wildlife buffer map; and
(c) File a legislative report by January 1, 2027.
SECTION 9. Any entity constructing or operating a wind tower facility in violation of this act shall be subject to civil penalties of up to Ten Thousand Dollars ($10,000.00) per day, and may be ordered to remove unauthorized towers at its own expense. The state may recover all enforcement and restoration costs from the posted financial assurance.
SECTION 10. If any provision of this act or its application is held invalid, the remainder shall not be affected.
SECTION 11. This act shall take effect and be in force from and after July 1, 2026, and shall stand repealed on June 30, 2026.
