Read the full stored bill text
House
File
2446
-
Introduced
HOUSE
FILE
2446
BY
THOMSON
A
BILL
FOR
An
Act
relating
to
wind
energy
conversion
facilities,
including
1
requirements
for
development,
construction,
and
operation.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
6156HH
(3)
91
sb/js
H.F.
2446
Section
1.
NEW
SECTION
.
476.53B
Wind
energy
conversion
1
facilities
——
requirements.
2
1.
As
used
in
this
section:
3
a.
“Applicant”
means
any
person,
firm,
corporation,
4
partnership,
limited
liability
company,
or
governmental
5
subdivision
seeking
to
develop,
construct,
or
operate
a
wind
6
energy
conversion
facility,
as
defined
in
section
476C.1,
in
7
Iowa.
8
b.
“Karst
topography”
means
terrain
characterized
by
9
sinkholes,
voids,
caverns,
disappearing
streams,
or
other
10
features
produced
by
the
dissolution
of
carbonate
rocks.
11
c.
“Licensed
surveyor”
means
a
professional
land
surveyor
12
licensed
under
chapter
542B
with
demonstrated
experience
in
13
subsurface
and
geological
hazard
evaluation.
14
d.
“Material
damage”
means
direct
physical
damage
exceeding
15
one
hundred
dollars
in
repair
costs
or
any
event
causing
16
collapse
or
functional
failure
of
a
well,
septic
system,
17
lagoon,
slurry
containment,
or
structural
foundation,
or
18
contamination
of
groundwater
or
a
cave
system.
19
e.
“Watershed”
means
the
hydrological
area
in
which
surface
20
water
or
groundwater
drains
toward
a
common
outlet.
21
f.
“Wind
energy
conversion
facility”
means
the
same
as
22
defined
in
section
476C.1.
23
2.
a.
An
applicant
shall
commission
a
subsurface
and
24
environmental
survey
by
a
licensed
surveyor
that
must
be
25
submitted
prior
to
issuance
of
any
state
or
local
construction
26
permit.
The
survey
must
address
the
likelihood
of
all
the
27
following:
28
(1)
Disturbance
to
karst
topography
or
related
subsurface
29
formations
from
construction
or
operation.
30
(2)
That
any
well,
septic
system,
waste
lagoon,
holding
31
pond,
or
liquid
containment
structure
will
be
disturbed
32
by
vibrations
or
subsurface
pressures,
and
whether
such
33
disturbance
may
result
in
material
damage,
including
breach
of
34
fecal
slurry
lagoons
causing
contaminant
entry
into
aquifers.
35
-1-
LSB
6156HH
(3)
91
sb/js
1/
6
H.F.
2446
(3)
Contamination
to
any
cave
system,
groundwater
conduit,
1
or
ecological
area
supporting
endangered
or
threatened
species.
2
(4)
That
foundations
of
existing
buildings
within
one
mile
3
of
the
proposed
site
will
be
disturbed
or
impaired.
4
b.
The
survey
report
shall
be
submitted
to
the
county
board
5
of
supervisors,
the
department
of
natural
resources,
and
the
6
Iowa
utilities
commission,
and
shall
be
made
available
to
the
7
public.
8
3.
An
applicant
shall
obtain
and
maintain
third-party
9
insurance
against
any
reasonably
foreseeable
loss
identified
10
in
the
survey
report
required
under
subsection
2
throughout
11
construction
and
operation.
The
policy
shall
include
all
of
12
the
following
requirements:
13
a.
Name
all
landowners
within
the
affected
watershed
and
the
14
state
of
Iowa
as
additional
insureds
and
loss
payees.
15
b.
Minimum
coverage
limits
sufficient
to
cover
full
16
replacement
value
of
any
potential
loss
or
contamination
17
identified
in
the
survey,
as
established
by
rule
by
the
18
insurance
division
in
the
department
of
commerce.
19
4.
Prior
to
approval
of
construction,
the
applicant
shall
20
obtain
an
independent
legal
opinion
from
an
attorney
licensed
21
in
Iowa
and
unaffiliated
with
the
applicant
that
affirms
the
22
proposed
project
does
not
constitute
a
nuisance
under
chapter
23
657
or
other
applicable
law.
The
opinion
must
be
filed
with
24
the
county
board
of
supervisors
and
the
department
of
natural
25
resources.
26
5.
a.
The
board
of
supervisors
shall
not
issue
a
27
construction
permit
until
the
applicant
makes
a
showing
that,
28
more
likely
than
not,
considering
all
foreseeable
benefits
29
and
costs,
the
project
will
confer
a
net
benefit
to
county
30
residents.
In
deciding
whether
to
issue
a
permit,
the
board
of
31
supervisors
may
consider
expert
testimony,
economic
studies,
32
environmental
assessments,
and
the
survey
report
required
under
33
subsection
2.
34
b.
Before
issuing
a
construction
permit,
the
board
of
35
-2-
LSB
6156HH
(3)
91
sb/js
2/
6
H.F.
2446
supervisors
shall
hold
not
less
than
one
public
hearing
to
1
discuss
the
application.
2
c.
The
board
of
supervisors’s
decision
is
subject
to
3
judicial
review
under
chapter
17.
4
6.
Compliance
with
this
section
is
required
for
any
5
permit
or
authorization
under
chapter
476A
or
476C,
or
other
6
applicable
provisions
relating
to
wind
energy
conversion
7
facilities.
8
7.
a.
A
violation
of
this
section
or
rules
adopted
pursuant
9
to
this
section
constitutes
a
public
nuisance.
10
b.
A
person
in
violation
of
this
section
is
subject
to
a
11
civil
penalty
of
not
less
than
five
thousand
dollars
per
day
12
during
which
the
violation
occurs.
13
c.
The
attorney
general
or
the
county
attorney
for
the
14
county
in
which
the
project
is
located
may
bring
an
action
to
15
enjoin
violations
or
recover
damages.
16
8.
a.
Any
person
aggrieved
by
a
violation
of
this
section
17
may
bring
a
civil
action
in
district
court
against
any
person
18
who
violates
or
participates
in
a
violation
of
this
section.
19
b.
A
civil
action
under
this
subsection
may
be
brought
20
against
any
of
the
following:
21
(1)
The
applicant
or
developer.
22
(2)
Any
landowner
who
grants
an
easement,
lease,
or
other
23
property
interest
for
the
construction,
installation,
or
24
operation
of
a
wind
energy
conversion
facility
in
violation
of
25
this
section.
26
(3)
The
manufacturer
of
any
wind
turbine
or
component
27
thereof
installed
in
violation
of
this
section.
28
(4)
Any
person
who
installs,
erects,
or
assembles
a
wind
29
turbine
or
wind
energy
conversion
facility
in
violation
of
this
30
section.
31
(5)
Any
construction
company,
contractor,
or
subcontractor
32
involved
in
the
construction
or
installation
of
a
wind
energy
33
conversion
facility
in
violation
of
this
section.
34
(6)
Any
worker,
employee,
or
agent
who
participates
in
35
-3-
LSB
6156HH
(3)
91
sb/js
3/
6
H.F.
2446
the
construction,
installation,
or
operation
of
a
wind
energy
1
conversion
facility
in
violation
of
this
section.
2
(7)
Any
other
person
who
knowingly
participates
in,
3
facilitates,
or
aids
in
a
violation
of
this
section.
4
c.
A
prevailing
plaintiff
in
an
action
under
this
subsection
5
may
recover
all
of
the
following:
6
(1)
Actual
damages
sustained.
7
(2)
Damages
of
not
less
than
ten
thousand
dollars
per
8
violation.
9
(3)
Injunctive
relief,
including
an
order
to
cease
10
construction
or
operation.
11
(4)
Reasonable
attorney
fees
and
court
costs.
12
d.
All
persons
found
liable
under
this
subsection
shall
be
13
jointly
and
severally
liable
for
all
damages
awarded.
14
e.
An
action
under
this
subsection
shall
be
commenced
15
within
fifteen
years
of
the
date
the
plaintiff
discovered
or
16
reasonably
should
have
discovered
the
violation
or
resulting
17
injury,
whichever
is
later.
18
f.
The
remedies
provided
under
this
subsection
are
19
cumulative
and
shall
not
be
construed
to
limit
any
other
remedy
20
available
at
law
or
in
equity.
21
g.
A
contractual
provision
purporting
to
waive
rights
under
22
this
section
shall
be
void
and
unenforceable.
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
relates
to
wind
energy
conversion
facilities,
27
including
requirements
for
development,
construction,
and
28
operation.
29
The
bill
requires
an
applicant
for
a
wind
energy
conversion
30
facility
to
commission
a
subsurface
and
environmental
survey
31
conducted
by
a
licensed
surveyor
prior
to
the
issuance
of
any
32
local
or
state
construction
permit.
The
survey
must
evaluate
33
the
likelihood
that
construction
or
operation
will
disturb
34
karst
topography
or
related
subsurface
formations;
cause
35
-4-
LSB
6156HH
(3)
91
sb/js
4/
6
H.F.
2446
vibration
or
subsurface
pressure
impacts
to
wells,
septic
1
systems,
waste
lagoons,
holding
ponds,
or
liquid
containment
2
structures;
contaminate
cave
systems,
groundwater,
or
3
ecological
areas
supporting
endangered
or
threatened
species;
4
or
impair
the
foundations
of
existing
buildings
within
one
mile
5
of
the
proposed
site.
The
survey
report
must
be
submitted
to
6
the
county
board
of
supervisors
(board),
the
department
of
7
natural
resources,
and
the
Iowa
utilities
commission
and
must
8
be
made
publicly
available.
9
The
bill
requires
an
applicant
to
obtain
and
maintain
10
third-party
insurance
covering
reasonably
foreseeable
losses
11
identified
in
the
survey
report
throughout
construction
and
12
operation
and
including
certain
provisions.
13
The
bill
requires
an
applicant
to
obtain
an
independent
14
legal
opinion
from
an
attorney
licensed
in
Iowa
and
15
unaffiliated
with
the
applicant
affirming
that
the
proposed
16
project
does
not
constitute
a
nuisance
under
current
law.
17
The
bill
prohibits
issuance
of
a
construction
permit
unless
18
the
applicant
demonstrates
before
the
board
that,
considering
19
foreseeable
benefits
and
costs,
the
project
is
more
likely
than
20
not
to
confer
a
net
benefit
to
county
residents.
The
board
21
may
consider
expert
testimony,
economic
studies,
environmental
22
assessments,
and
the
survey
report.
The
bill
requires
the
23
board
to
hold
at
least
one
public
hearing
prior
to
issuing
a
24
permit.
25
Compliance
with
the
bill
is
required
for
any
permit
or
26
authorization
relating
to
wind
energy
conversion
facilities
27
under
applicable
law.
28
A
violation
of
the
bill
or
rules
adopted
under
it
constitutes
29
a
public
nuisance
and
is
punishable
by
civil
penalties
of
not
30
less
than
$5,000
per
day
for
violations.
The
attorney
general
31
or
a
county
attorney
may
bring
actions
to
enjoin
violations
or
32
recover
damages.
33
The
bill
authorizes
any
person
aggrieved
by
a
violation
34
to
bring
a
civil
action
in
district
court
against
certain
35
-5-
LSB
6156HH
(3)
91
sb/js
5/
6
H.F.
2446
parties.
The
bill
allows
recovery
of
actual
damages,
statutory
1
damages,
injunctive
relief,
attorney
fees,
and
court
costs,
and
2
provides
for
joint
and
several
liability.
The
bill
establishes
3
limitation
periods
for
bringing
civil
actions
and
provides
that
4
contractual
provisions
purporting
to
waive
rights
are
void
and
5
unenforceable.
6
-6-
LSB
6156HH
(3)
91
sb/js
6/
6