Back to Iowa

SF376 • 2026

A bill for an act relating to the siting and operation of renewable electric power generating facilities.(See SF 2447 .)

A bill for an act relating to the siting and operation of renewable electric power generating facilities.(See SF 2447 .)

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
KLIMESH
Last action
2026-02-23
Official status
Committee report approving bill, renumbered as SF 2447 . S.J. 362 .
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

A bill for an act relating to the siting and operation of renewable electric power generating facilities.(See SF 2447 .)

A bill for an act relating to the siting and operation of renewable electric power generating facilities.(See SF 2447 .)

What This Bill Does

  • A bill for an act relating to the siting and operation of renewable electric power generating facilities.(See SF 2447 .)

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-02-23 Iowa Legislature

    Committee report approving bill, renumbered as SF 2447 . S.J. 362 .

  2. 2025-03-04 Iowa Legislature

    Subcommittee recommends passage.

  3. 2025-02-28 Iowa Legislature

    Subcommittee Meeting: 03/04/2025 12:00PM Senate Lounge.

  4. 2025-02-26 Iowa Legislature

    Subcommittee: Klimesh, Bousselot, and Knox. S.J. 367 .

  5. 2025-02-19 Iowa Legislature

    Introduced, referred to Commerce. S.J. 311 .

Official Summary Text

A bill for an act relating to the siting and operation of renewable electric power generating facilities.(See SF 2447 .)

Current Bill Text

Read the full stored bill text
Senate

File

376

-

Introduced

SENATE

FILE

376

BY

KLIMESH

A

BILL

FOR

An

Act

relating

to

the

siting

and

operation

of

renewable

1

electric

power

generating

facilities.

2

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

3

TLSB

2223XS

(1)

91

sb/js

S.F.

376

Section

1.

Section

476.53A,

Code

2025,

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

excess

8

power

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.

“Battery

energy

storage

system”

means

an

electrochemical

19

device

that

charges,

or

collects,

energy

from

the

grid

or

a

20

generation

facility,

stores

that

energy,

and

then

discharges

21

that

energy

at

a

later

time

to

provide

electricity

or

other

22

grid

services.

23

c.

“Community

building”

means

any

one

or

more

of

the

24

following

buildings

that

is

existing

and

occupied

on

the

date

25

that

the

application

for

approval,

rezoning,

or

a

special

or

26

conditional

use

permit

is

filed

with

the

county:

a

school,

a

27

place

of

worship,

a

day

care

facility,

a

public

library,

or

a

28

community

center.

29

d.

“Local

authority”

means

a

city

as

defined

in

section

30

362.2

or

a

county

as

provided

in

chapter

331.

31

e.

“Nonparticipating

property”

means

any

real

property

owned

32

by

a

person

who

has

not

granted

written

permission,

consent,

33

an

easement,

or

other

similar

agreement

pertaining

to

a

wind

34

energy

conversion

facility

on

such

property.

35

-1-

LSB

2223XS

(1)

91

sb/js

1/

12

S.F.

376

f.

“Public

road

right-of-way”

means

the

same

as

defined

in

1

section

306.3.

2

g.

“Railroad

right-of-way”

means

the

same

as

defined

in

3

section

476.27.

4

h.

“Renewable

electric

power

generation

facility”

means

5

a

battery

energy

storage

system,

a

solar

energy

conversion

6

facility,

or

a

wind

energy

conversion

facility.

7

i.

“Repowering”

means

the

same

as

defined

in

section

476.53.

8

j.

“Solar

energy

conversion

facility”

means

a

solar

energy

9

conversion

facility,

as

defined

in

section

476C.1,

that

has

10

a

nameplate

generating

capacity

greater

than

one

hundred

11

kilowatts.

12

k.

“Unoccupied

structure”

means

a

building

or

structure

that

13

is

not

occupied

or

used

primarily

for

human

habitation

at

the

14

time

of

siting.

15

l.

“Wind

energy

conversion

facility”

or

“facility”

means

a

16

wind

energy

conversion

facility,

as

defined

in

section

476C.1,

17

or

a

wind

turbine

that

is

part

of

a

wind

energy

conversion

18

system,

that

has

a

nameplate

generating

capacity

greater

than

19

one

hundred

kilowatts.

20

4.

a.

A

local

authority

may

determine

setback

standards

21

for

wind

energy

conversion

facilities

that,

notwithstanding

any

22

statute

or

regulation

to

the

contrary,

shall

be

no

greater

than

23

and

shall

not

include

any

setback

requirements

beyond

those

in

24

this

subsection:

25

(1)

The

facility

shall

be

sited

three

times

the

total

26

height

of

a

wind

energy

conversion

facility

to

be

constructed

27

on

a

proposed

facility

from

any

existing

abutting

dwelling

or

28

community

building.

29

(2)

The

facility

shall

be

sited

one

and

one-tenth

times

30

the

total

height

of

a

wind

energy

conversion

facility

to

31

be

constructed

on

a

proposed

facility

from

any

existing

32

nonparticipating

property.

33

(3)

The

facility

shall

be

sited

one

and

one-tenth

times

34

the

total

height

of

a

wind

energy

conversion

facility

to

be

35

-2-

LSB

2223XS

(1)

91

sb/js

2/

12

S.F.

376

constructed

on

a

proposed

facility

from

any

existing

overhead

1

utility

line,

electric

substation,

public

road

right-of-way,

2

railroad

right-of-way,

or

unoccupied

structure.

3

(4)

Each

wind

turbine

shall

not

exceed

the

height

allowed

4

under

the

determination

of

no

hazard

for

that

turbine

from

the

5

federal

aviation

administration

obstruction

evaluation

under

6

14

C.F.R.

pt.

77.

7

b.

For

purposes

of

this

subsection,

the

facility

site

8

distance

shall

be

measured

from

the

center

of

the

wind

energy

9

conversion

facility

foundation

to

the

nearest

point

of

the

10

abutting

dwelling,

community

building,

nonparticipating

11

property,

overhead

utility

line,

electric

substation,

public

12

road

right-of-way,

railroad

right-of-way,

or

unoccupied

13

structure.

14

c.

For

purposes

of

this

subsection,

the

total

height

of

15

a

wind

energy

conversion

facility

shall

be

measured

as

the

16

distance

from

ground

level

to

the

tip

of

the

wind

energy

17

conversion

facility’s

blade

at

its

highest

vertical

point.

18

5.

A

local

authority

may

determine

setback

standards

19

for

solar

energy

conversion

facilities.

For

purposes

of

20

this

subsection,

distance

shall

be

measured

from

the

nearest

21

aboveground

point

of

a

solar

facility,

not

including

any

22

fencing,

to

the

nearest

point

of

the

abutting

dwelling,

23

overhead

utility

line,

electric

substation,

nonparticipating

24

property

line,

public

road

right-of-way,

railroad

right-of-way,

25

or

unoccupied

structure.

The

standards

shall

be

no

greater

26

than:

27

a.

Fifty

feet

from

the

near

edge

of

any

existing

28

nonparticipating

property

line

or

one

hundred

feet

from

any

29

existing

abutting

dwelling

or

community

building,

whichever

is

30

greater.

31

b.

Fifty

feet

from

any

existing

overhead

utility

line,

32

substation,

public

road

right-of-way,

or

railroad

right-of-way.

33

6.

A

local

authority

may

determine

setback

standards

34

for

battery

energy

storage

systems.

For

purposes

of

this

35

-3-

LSB

2223XS

(1)

91

sb/js

3/

12

S.F.

376

subsection,

distance

shall

be

measured

from

the

nearest

storage

1

container

edge

to

the

nearest

point

of

the

abutting

dwelling,

2

overhead

utility

line,

electric

substation,

nonparticipating

3

property

line,

public

road

right-of-way,

railroad

right-of-way,

4

or

unoccupied

structure.

The

standards

shall

be

no

greater

5

than:

6

a.

Fifty

feet

from

any

existing

participating

property

line.

7

b.

One

hundred

feet

from

any

existing

nonparticipating

8

property

line

or

any

existing

abutting

dwelling

or

community

9

building.

10

c.

Fifty

feet

from

any

existing

nonassociated

transmission,

11

substation,

or

distribution

lines.

12

d.

Fifty

feet

from

any

public

road

right-of-way

or

railroad

13

right-of-way.

14

7.

A

local

authority

may

only

implement

the

following

15

additional

standards

and

only

to

the

extent

specified

in

this

16

subsection:

17

a.

A

shadow

flicker

standard

that

is

no

more

restrictive

18

than

thirty

hours

per

year

under

planned

operating

conditions

19

as

indicated

by

industry

standard

computer

modeling

measured

20

from

an

abutting

dwelling

or

community

building.

21

b.

A

sound

limitation

that

is

no

more

restrictive

than

22

a

maximum

forty-seven

decibel

sound

from

the

wind

energy

23

conversion

facility

as

measured

at

an

existing

abutting

24

dwelling

or

community

building.

Decibel

modeling

shall

use

the

25

A-weighted

scale

as

designed

by

the

American

national

standards

26

institute.

Sound

modeling

shall

be

completed

by

a

professional

27

board-certified

by

the

institute

of

noise

control

engineering,

28

or

an

appropriately

licensed

professional

engineer.

29

c.

A

requirement

that

the

applicant

of

a

proposed

wind

30

energy

conversion

facility

shall

agree

to

repair

or

replace

any

31

damaged

drainage

infrastructure

if

directly

attributable

to

the

32

construction

or

operation

of

the

facility.

33

d.

A

requirement

that

renewable

electric

power

generation

34

facilities

meet

all

applicable

national

electric

safety

code

35

-4-

LSB

2223XS

(1)

91

sb/js

4/

12

S.F.

376

and

international

building

code

requirements.

1

e.

A

requirement

that

renewable

electric

power

generation

2

facilities

meet

all

applicable

provisions

of

national

fire

3

protection

association

standard

855.

4

f.

A

requirement

that

renewable

electric

power

generation

5

facilities

for

fencing

are

no

more

restrictive

than

the

6

requirement

issued

by

the

national

electric

safety

code.

7

g.

A

requirement

for

solar

energy

conversion

facilities

8

to

maintain

appropriate

ground

cover

within

the

solar

energy

9

conversion

facility’s

fence

line

throughout

the

life

of

the

10

facility

to

minimize

erosion.

11

h.

A

height

requirement

for

solar

energy

conversion

12

facilities

for

a

minimum

one

and

one-half

feet

panel

height

13

from

the

ground,

exclusive

of

supporting

infrastructure,

with

14

no

additional

or

higher

minimum

height

requirements

for

the

15

solar

energy

conversion

facility.

16

8.

A

local

authority

must

provide

a

process

for

the

owner

of

17

any

abutting

dwelling,

nonparticipating

property,

or

community

18

building

to

waive

the

standards

in

this

section

or

those

19

adopted

by

a

local

authority.

20

9.

A

local

authority

must

use

reasonable

estimates

of

the

21

cost

of

approving

an

application

for

a

facility,

which

shall

22

not

exceed

one

thousand

dollars

per

wind

energy

conversion

23

system,

solar

energy

conversion

system,

or

battery

energy

24

storage

system.

A

local

authority

may

not

require

the

facility

25

owner

to

pay

costs,

fees,

or

charges

for

administrative

or

road

26

work

that

is

not

specifically

and

uniquely

attributable

to

the

27

approval

and

construction

of

the

facility.

28

10.

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

11.

Ordinances,

limitations,

or

other

requirements

imposed

33

after

an

application

for

approval,

rezoning,

or

a

special

34

or

conditional

use

permit

for

a

renewable

electric

power

35

-5-

LSB

2223XS

(1)

91

sb/js

5/

12

S.F.

376

generation

facility

has

been

submitted

or

previously

approved

1

shall

not

be

construed

to

limit

or

impair

the

construction,

2

operation,

or

maintenance

of

the

renewable

electric

power

3

generation

facility.

4

12.

A

local

authority

shall

not

prohibit

an

affected

5

landowner

or

other

entity

from

waiving

any

requirements

under

6

this

section

by

the

conveyance

of

an

easement

or

other

property

7

interest.

8

13.

a.

A

local

authority

may

require

the

owner

of

the

9

proposed

renewable

electric

power

generation

facility

to

file

10

with

the

county

recorder

of

the

county

or

counties

in

which

11

the

proposed

facility

will

be

located

a

decommissioning

plan

12

outlining

measures

that

will

be

taken

to

return

the

land

to

13

a

reasonably

similar

state

to

the

condition

that

existed

14

before

construction

of

the

renewable

electric

power

generation

15

facility.

Removal

requirements

of

underground

project

16

infrastructure

may

not

exceed

a

maximum

depth

of

four

feet.

If

17

the

proposed

facility

will

be

located

within

two

miles

of

the

18

corporate

limits

of

a

city,

the

owner

of

the

proposed

facility

19

may

also

be

required

to

file

the

plan

with

the

city

clerk.

A

20

local

authority

shall

not

require

a

revision

or

amendment

of

21

a

decommissioning

plan.

22

b.

A

local

authority

may

require

the

owner

to

provide

23

in

the

decommissioning

plan

proof

of

financial

assurance

to

24

fund

decommissioning

efforts,

which

assurance

is

calculated

25

by

an

independent

third

party

as

the

estimated

costs

of

26

decommissioning,

inclusive

of

net

salvage

value,

no

earlier

27

than

the

following

schedule:

28

(1)

Five

percent

of

determined

decommissioning

costs

29

committed

by

the

initial

commercial

operation

date.

30

(2)

One

hundred

percent

of

determined

decommissioning

costs

31

committed

by

the

fifteenth

year

of

commercial

operation.

32

c.

After

the

fifteenth

year

of

commercial

operation,

the

33

owner

of

the

renewable

electric

power

generation

facility

34

may

reestimate

the

cost

of

decommissioning,

inclusive

of

net

35

-6-

LSB

2223XS

(1)

91

sb/js

6/

12

S.F.

376

salvage

value,

using

an

independent

third

party

for

the

purpose

1

of

redetermining

the

amount

required

for

financial

assurance.

2

d.

Evidence

of

financial

security

may

be

in

the

form

of

a

3

surety

bond,

collateral

bond,

parent

guaranty,

cash,

cashier’s

4

check,

certificate

of

deposit,

bank

joint

custody

receipt,

or

5

other

approved

negotiable

instrument.

6

e.

This

subsection

shall

not

apply

to

a

renewable

electric

7

power

generation

facility

owned

or

operated

by

a

public

utility

8

regulated

by

the

Iowa

utilities

commission.

9

14.

A

renewable

electric

power

generation

facility

shall

be

10

presumed

abandoned

if

the

facility

fails

to

operate

for

more

11

than

twenty-four

consecutive

months

without

generating

energy,

12

excluding

repowering

or

required

maintenance

events

or

force

13

majeure

events

outside

of

the

owner’s

control.

The

owner

of

14

the

abandoned

facility

shall

be

responsible

for

the

removal

of

15

the

facility,

including

the

removal

of

infrastructure

four

feet

16

below

ground

level

and

subject

to

any

reasonable

additional

17

conditions

of

a

decommissioning

plan

filed

with

the

local

18

authority.

19

15.

a.

This

section

shall

not

apply

to

a

wind

energy

20

conversion

facility

that

has

a

nameplate

capacity

of

21

twenty-five

or

more

megawatts

on

any

single

gathering

line

22

and

if

the

facility

has

applied

for

certification

pursuant

to

23

chapter

476A.

24

b.

This

section

shall

not

apply

to

a

renewable

electric

25

power

generation

facility

that

is

operating

or

has

submitted

26

an

application

for

the

issuance

of

permits

on

or

before

the

27

effective

date

of

this

Act.

28

c.

This

section

shall

not

apply

to

the

repowering

of

a

wind

29

energy

conversion

facility

existing

on

or

before

January

1,

30

2025.

31

d.

This

section

shall

not

apply

to

the

repowering

of

a

32

renewable

electric

power

generation

facility,

which

is

not

33

already

excluded

under

paragraph

“c”

,

existing

on

or

before

34

January

1,

2025,

provided

that

the

repowering

does

not

require

35

-7-

LSB

2223XS

(1)

91

sb/js

7/

12

S.F.

376

the

issuance

of

any

new

permits,

or

amendments

to

existing

1

permits,

from

a

local

authority.

This

section

shall

apply

2

to

the

repowering

of

a

renewable

electric

power

generation

3

facility

existing

on

or

before

January

1,

2025,

when

such

4

repowering

requires

the

issuance

of

any

new

permits,

or

5

amendments

to

existing

permits,

from

a

local

authority.

6

16.

a.

A

local

authority

within

one

hundred

twenty

calendar

7

days

of

receiving

an

application

requesting

approval,

rezoning,

8

or

a

special

or

conditional

use

permit

for

a

renewable

electric

9

power

generation

facility,

or

modification

of

an

approved

10

siting,

rezoning,

or

special

or

conditional

use

permit,

shall

11

comply

with

the

following

provisions:

12

(1)

Review

the

application

for

conformity

with

applicable

13

local

zoning

regulations,

building

permit

requirements,

and

14

consistency

with

this

chapter.

An

application

is

deemed

to

15

be

complete

unless

the

local

authority

notifies

the

applicant

16

in

writing,

within

thirty

calendar

days

of

submission

of

the

17

application,

specifying

the

deficiencies

in

the

application

18

that,

if

cured,

would

make

the

application

complete.

The

local

19

authority’s

time

frame

to

review

the

application

is

tolled

20

beginning

the

date

the

notice

is

sent.

The

local

authority’s

21

time

frame

of

one

hundred

twenty

days

for

review

of

the

22

application

shall

continue

running

when

the

applicant

cures

the

23

specified

deficiencies.

Following

the

applicant’s

supplemental

24

submission,

the

local

authority

has

ten

days

to

notify

the

25

applicant

if

the

supplemental

submission

did

not

provide

the

26

information

identified

in

the

original

notice

that

specified

27

deficiencies

in

the

application.

The

local

authority’s

time

28

frame

of

one

hundred

twenty

days

to

review

the

application

29

is

tolled

in

the

case

of

second

or

subsequent

notices

in

30

conformance

with

this

subparagraph.

The

local

authority

31

shall

not

include

deficiencies

in

a

second

or

subsequent

32

notice

that

were

not

delineated

in

the

original

notice.

The

33

local

authority’s

time

frame

for

review

does

not

toll

if

the

34

local

authority

requests

information

regarding

any

of

the

35

-8-

LSB

2223XS

(1)

91

sb/js

8/

12

S.F.

376

considerations

a

local

authority

may

not

consider

according

to

1

this

section.

2

(2)

Make

its

final

decision

to

approve

or

disapprove

the

3

application.

4

(3)

Advise

the

applicant

in

writing

of

its

final

decision.

5

b.

A

local

authority

must

approve,

approve

with

6

modifications,

or

deny

an

application

requesting

approval,

7

rezoning,

or

a

special

or

conditional

use

permit

for

a

8

renewable

electric

power

generation

facility

or

modification

9

of

an

approved

rezoning

or

special

or

conditional

use

permit

10

within

one

hundred

twenty

days

of

the

submission

of

an

11

application.

12

c.

Denial

of

an

application

for

approval,

rezoning,

or

a

13

special

or

conditional

use

permit

by

a

local

authority

must

14

be

based

on

substantial

evidence

in

the

record

of

material

15

noncompliance

with

one

or

more

specific

provisions

of

this

16

section

or

regulations

of

local

authorities

that

are

not

17

inconsistent

with

this

section.

An

appeal

of

such

a

denial

by

18

an

adversely

affected

party

may

be

brought

by

certiorari

as

19

provided

in

sections

335.18

and

335.19.

The

reviewing

court

20

shall

expedite

the

proceeding

to

the

extent

practicable.

21

17.

a.

A

local

authority

shall

not

adopt

regulations

22

that

explicitly

or

implicitly

disallow

a

renewable

electric

23

power

generation

facility

from

being

developed

or

operated

24

in

any

district

zoned

to

allow

agricultural

or

industrial

25

use.

A

local

authority

may

not

prohibit

or

otherwise

limit

26

renewable

electric

power

generation

facility

development

27

based

on

corn

suitability

rating

as

calculated

using

the

28

methodology

recognized

by

the

Iowa

state

university

of

science

29

and

technology.

A

local

authority

may

not

limit

the

size

of

30

any

specific

project

or

create

caps

on

projects

based

on

total

31

land

mass

within

the

local

jurisdiction.

32

b.

A

local

authority

may

place

one

temporary

moratorium

33

for

up

to

six

months

on

the

installation

of

a

wind

energy

34

conversion

facility

for

the

purpose

of

adopting

new

regulations

35

-9-

LSB

2223XS

(1)

91

sb/js

9/

12

S.F.

376

that

are

consistent

with

this

section.

All

new,

revised,

1

or

amended

ordinances

or

regulations

pertaining

to

solar

or

2

solar

energy

conversion

facilities

shall

only

be

prospectively

3

applied.

4

c.

Nothing

in

this

section

requires

a

local

authority

5

to

adopt

standards

for

approval

of

renewable

electric

power

6

generation

facilities.

7

Sec.

2.

COMPLIANCE

BY

LOCAL

AUTHORITIES.

If

any

local

8

authority

has

a

standard

in

effect

on

or

after

the

effective

9

date

of

this

Act

that

does

not

comply

with

the

provisions

in

10

this

Act,

the

local

authority

must

amend

the

standard

to

comply

11

with

this

Act

by

December

31,

2025.

12

EXPLANATION

13

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

14

the

explanation’s

substance

by

the

members

of

the

general

assembly.

15

This

bill

relates

to

siting

and

operation

of

certain

16

renewable

electric

power

generation

facilities.

17

The

bill

creates

standard-making

ability

for

local

18

authorities

approving

a

renewable

electric

power

generation

19

facility

(facility)

proposed

after

January

1,

2025.

20

The

bill

sets

guidelines

for

a

local

authority

to

implement

21

a

facility

setback

standard,

which

shall

include

a

facility’s

22

distance

from

specified

existing

buildings

based

on

the

23

facility’s

height.

The

local

authority

must

include

a

process

24

for

an

owner

of

an

abutting

dwelling,

nonparticipating

25

property,

or

community

building

to

waive

the

setback

standards.

26

The

bill

includes

additional

standards

a

local

authority

27

may

implement

including

shadow

flicker

standards,

sound

28

limitations,

a

requirement

that

an

applicant

for

a

proposed

29

facility

shall

agree

to

repair

any

damages

caused

by

the

30

facility,

wind

turbine

height

limitations,

electric

code

31

and

building

code

standards,

fire

protection

standards,

32

fencing

limitations,

ground

cover

standards,

and

solar

energy

33

conversion

facility

panel

height

requirements.

34

The

bill

requires

a

local

authority

to

utilize

reasonable

35

-10-

LSB

2223XS

(1)

91

sb/js

10/

12

S.F.

376

estimates

for

application

approval

costs

and

prohibits

the

1

local

authority

from

requiring

the

facility

owner

to

pay

for

2

administration

or

road

work

that

is

not

directly

attributable

3

to

the

approval

and

construction

of

the

facility.

A

local

4

authority

shall

not

prohibit

or

regulate

a

facility

testing

the

5

suitability

of

a

facility

placement.

Any

regulations

enacted

6

after

the

application

for

a

facility

permit

shall

not

limit

the

7

construction,

operation,

or

maintenance

of

that

facility.

A

8

local

authority

shall

not

prohibit

an

affected

landowner

or

9

other

entity

from

waiving

requirements

by

conveyance

of

an

10

easement.

11

The

bill

provides

that

a

local

authority

may

require

a

12

facility

that

is

not

owned

or

operated

by

a

public

utility

13

regulated

by

the

Iowa

utilities

commission

to

file

a

14

decommissioning

plan

including

certain

measures.

The

local

15

authority

is

prohibited

from

requiring

a

facility

to

provide

a

16

revision

or

amendment

of

a

decommissioning

plan.

17

The

bill

requires

a

facility

to

be

presumed

abandoned

if

18

the

facility

has

not

been

in

operation

for

24

months,

with

19

some

exceptions.

The

owner

of

the

abandoned

facility

is

20

responsible

for

removing

the

facility

and

is

subject

to

any

21

other

reasonable

conditions

in

the

decommissioning

plan

if

22

applicable.

23

The

bill

shall

not

apply

to

a

wind

energy

conversion

facility

24

with

a

nameplate

capacity

of

25

or

more

megawatts

and

that

has

25

applied

for

certification

under

Code

chapter

476A,

a

facility

26

that

is

currently

operating

or

has

applied

for

certification

27

before

the

enactment

of

the

bill,

or

the

repowering

of

a

28

facility

existing

on

or

before

January

1,

2025,

subject

to

29

certain

conditions.

30

The

bill

requires

a

local

authority

to

approve

a

request

31

by

a

facility

if

the

request

is

in

compliance

with

the

bill.

32

A

local

authority

shall

issue

a

decision

on

a

request

by

a

33

facility

within

120

days

of

the

request

submission.

The

denial

34

of

a

request

shall

be

supported

by

substantial

evidence

of

35

-11-

LSB

2223XS

(1)

91

sb/js

11/

12

S.F.

376

noncompliance

by

the

facility.

1

The

bill

prohibits

a

local

authority

from

disallowing

the

2

development

of

a

facility

in

an

agricultural

or

industrial

3

district.

The

bill

provides

that

a

local

authority

may

not

4

prohibit

or

otherwise

limit

renewable

electric

power

generation

5

facility

development

based

on

corn

suitability

rating

as

6

calculated

using

the

methodology

recognized

by

the

Iowa

state

7

university

of

science

and

technology.

The

bill

prohibits

a

8

local

authority

from

limiting

the

size

of

any

specific

project

9

or

creating

caps

on

projects

based

on

total

land

mass

within

10

the

local

jurisdiction.

11

The

bill

allows

a

local

authority

to

place

one

temporary

12

moratorium

for

up

to

six

months

on

the

installation

of

a

13

wind

energy

conversion

facility

for

the

purpose

of

adopting

14

new

regulations

that

are

consistent

with

the

bill.

The

bill

15

provides

that

all

new,

revised,

or

amended

ordinances

or

16

regulations

pertaining

to

solar

or

solar

energy

conversion

17

facilities

shall

only

be

prospectively

applied.

18

The

bill

expounds

that

a

local

authority

is

not

required

19

to

adopt

standards

for

approval

of

renewable

electric

power

20

generation

facilities;

however,

a

local

authority

with

existing

21

siting

standards

in

effect

on

or

after

the

effective

date

22

of

the

bill

that

do

not

comply

with

the

bill

must

amend

the

23

standards

to

comply

with

the

bill

by

December

31,

2025.

24

-12-

LSB

2223XS

(1)

91

sb/js

12/

12