Read the full stored bill text
H. B. No. 1069 *HR26/R1484PH* ~ OFFICIAL ~ G1/2
26/HR26/R1484PH
PAGE 1 (DJ\KW)
To: Energy
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representatives Hale, Remak, Kinkade
HOUSE BILL NO. 1069
(As Passed the House)
AN ACT TO ESTABLISH THE MISSISSIPPI AGRICULTURAL AND FARMLAND 1
WIND TOWER PROTECTION ACT OF 2026; TO DEFINE AND REGULATE WIND 2
TOWER FACILITIES; TO VEST EXCLUSIVE SITING, PERMITTING AND 3
OPERATIONAL AUTHORITY IN THE MISSISSIPPI PUBLIC SERVICE 4
COMMISSION; TO REQUIRE CERTIFICATES OF PUBLIC CONVENIENCE AND 5
NECESSITY, ENVIRONMENTAL AND AGRICULTURAL IMPACT ASSESSMENTS, 6
PUBLIC NOTICE AND LANDOWNER CONSENT; TO IMPOSE STATEWIDE SETBACK 7
REQUIREMENTS TO PROTECT AGRICULTURAL LANDS, AERIAL AGRICULTURAL 8
OPERATIONS, RESIDENCES AND PUBLIC BUILDINGS; TO PROHIBIT WIND 9
TOWER FACILITIES NEAR WILDLIFE REFUGES, WETLANDS, MIGRATORY BIRD 10
CORRIDORS AND CRITICAL HABITATS; TO REQUIRE FINANCIAL ASSURANCE 11
AND DECOMMISSIONING BONDS FOR SITE RESTORATION; TO SUBJECT WIND 12
TOWER FACILITIES TO PUBLIC UTILITY LAWS; TO AUTHORIZE RULEMAKING 13
AND INTERAGENCY CONSULTATION; TO CREATE THE WIND TOWER 14
AGRICULTURAL AND ENVIRONMENTAL IMPACTS STUDY COMMITTEE AND REQUIRE 15
A LEGISLATIVE REPORT; TO PROVIDE ENFORCEMENT AUTHORITY, CIVIL 16
PENALTIES AND REMEDIATION REMEDIES; AND FOR RELATED PURPOSES. 17
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 18
SECTION 1. This act shall be known and may be cited as the 19
"Mississippi Agricultural and Farmland Wind Tower Protection Act 20
of 2026." 21
SECTION 2. (1) The Legislature finds and declares that: 22
(a) Mississippi's farmland is a vital state resource 23
and its preservation is essential to the state's economy and food 24
supply; 25
H. B. No. 1069 *HR26/R1484PH* ~ OFFICIAL ~
26/HR26/R1484PH
PAGE 2 (DJ\KW)
(b) Agricultural aviation ("crop dusting") operations 26
are critical to agricultural productivity, and tall structures 27
such as wind towers present inherent risks to flight safety and 28
aerial application routes; 29
(c) The state's wildlife habitats and migratory bird 30
flyways, especially in the Mississippi Delta, are ecologically and 31
economically significant, and rotating blade wind structures can 32
negatively affect migratory birds, bats and wetland ecosystems; 33
(d) Both Arkansas and Texas have enacted protective 34
legislation limiting the siting of wind tower facilities near 35
wildlife areas, waterfowl habitats and agricultural lands, further 36
requiring setback distances and financial assurance for 37
decommissioning; and 38
(e) The federal "One Big Beautiful Tax Bill" (Public 39
Law No. 119-21) eliminates most federal wind energy production and 40
investment tax credits by 2028, reducing the financial incentive 41
for speculative out-of-state wind development. 42
(2) It is the policy of the State of Mississippi to ensure 43
that any wind tower development provides measurable public 44
benefit, protects farmland and aviation safety, and is subject to 45
proper state oversight. 46
SECTION 3. As used in this act the following terms shall 47
have the meanings ascribed in the section unless context clearly 48
requires otherwise: 49
H. B. No. 1069 *HR26/R1484PH* ~ OFFICIAL ~
26/HR26/R1484PH
PAGE 3 (DJ\KW)
(a) "Wind tower facility" means any installation of one 50
or more wind turbines designed to generate electricity from wind 51
power, including associated foundations, substations, access roads 52
and transmission infrastructure, with a total rated capacity of 53
five (5) megawatts or more. 54
(b) "Agricultural use land" means land actively used 55
for growing crops or supporting aerial agricultural application, 56
irrigation, or other primary farming activities. 57
(c) "Decommissioning" means removal of turbines, 58
foundations and associated infrastructure and restoration of the 59
site to productive agricultural condition. 60
(d) "Bond or financial assurance" means a surety bond, 61
letter of credit, escrow account or similar instrument ensuring 62
decommissioning and site restoration. 63
(e) "Setback" means the minimum straight-line distance 64
between any tower base and specified protected boundaries. 65
(f) "Protected wildlife area" means any area under 66
federal, state or local designation for wildlife, conservation or 67
recreation, including, but not limited to, state 68
wildlife-management areas, refuges, public waterfowl hunting 69
grounds and migratory-fowl corridors. 70
(g) "Commission" means the Mississippi Public Service 71
Commission. 72
(h) "Wildlife protection zone" is a legally defined 73
geographical space set aside for long-term nature conservation, 74
H. B. No. 1069 *HR26/R1484PH* ~ OFFICIAL ~
26/HR26/R1484PH
PAGE 4 (DJ\KW)
preserving biodiversity, habitats and ecosystem services through 75
dedicated management and regulations that restrict or prohibit 76
harmful activities like hunting, logging or development. 77
SECTION 4. (1) The Mississippi Public Service Commission 78
shall have exclusive jurisdiction and authority over the siting, 79
construction, expansion and operation of any wind tower facility 80
in the State of Mississippi. 81
(2) No wind tower facility may be constructed, installed or 82
operated without first obtaining approval from the commission 83
under this section. 84
(3) No person shall construct or operate a wind tower 85
facility in this state without obtaining a permit from the 86
designated reviewing agency and approval from the commission. A 87
permit application must include: 88
(a) A detailed site plan and environmental impact 89
assessment; 90
(b) A certified agricultural impact assessment 91
documenting potential interference with aerial agricultural 92
operations, documentation of notice and public hearing within the 93
affected county; 94
(c) Evidence of financial assurance sufficient to fully 95
decommission and restore the site, adjusted every five (5) years; 96
(d) Compliance with setback and wildlife protection 97
zones as defined in Section 3 of this act; and 98
H. B. No. 1069 *HR26/R1484PH* ~ OFFICIAL ~
26/HR26/R1484PH
PAGE 5 (DJ\KW)
(e) Written consent from any adjacent landowner within 99
the defined setback radius if closer siting is proposed. 100
(4) (a) Any person or entity seeking to develop or operate 101
a wind tower facility shall apply to the commission for a 102
certificate of public convenience and necessity, as required under 103
Section 77-3-11, consistent with the commission's existing 104
statutory authority over electric utilities and generation 105
facilities. 106
(b) The commission shall review whether the proposed 107
facility: 108
(i) Provides a measurable public benefit to the 109
State of Mississippi, including energy production, grid 110
reliability, economic development or tax revenue; 111
(ii) Is technically and economically viable; 112
(iii) Will not create undue burdens or negative 113
externalities for surrounding landowners or communities; 114
(iv) Complies with statewide agricultural, 115
environmental and land-use protections established in this act; 116
(v) Includes adequate financial assurance for 117
decommissioning; and 118
(vi) Is in the public interest of the State of 119
Mississippi. 120
(c) The commission may deny an application if it finds 121
that the project: 122
H. B. No. 1069 *HR26/R1484PH* ~ OFFICIAL ~
26/HR26/R1484PH
PAGE 6 (DJ\KW)
(i) Is not likely to produce meaningful electric 123
output benefiting the state; 124
(ii) Is primarily designed to benefit private 125
landowners or out-of-state investment firms without providing 126
reciprocal value to Mississippi residents or taxpayers; 127
(iii) Creates undue risk to agricultural 128
operations, aerial agricultural application, natural resources or 129
surrounding communities; or 130
(iv) Otherwise fails to serve the public interest. 131
(5) Applicants must provide at least thirty (30) days' 132
public notice to county boards and publish maps of all proposed 133
tower locations within the county before permit approval. 134
SECTION 5. (1) A private lease, easement or agreement 135
between a developer and a landowner shall not constitute 136
authorization to construct or operate a wind tower facility absent 137
approval of the Mississippi Public Service Commission. 138
(2) (a) The commission is authorized to adopt rules and 139
procedures to implement this section, including minimum filing 140
requirements, standards of technical and financial capability, 141
environmental and agricultural impact review procedures, public 142
notice and hearing requirements, ongoing reporting obligations and 143
enforcement actions. 144
(b) The commission shall consult with the Mississippi 145
Department of Agriculture and Commerce, the Mississippi Department 146
of Wildlife, Fisheries and Parks (MDWFP), the Mississippi 147
H. B. No. 1069 *HR26/R1484PH* ~ OFFICIAL ~
26/HR26/R1484PH
PAGE 7 (DJ\KW)
Aeronautics Commission, the Mississippi Department of 148
Environmental Quality and other relevant entities when evaluating 149
applications. 150
(3) All wind tower facilities shall be subject to 151
Mississippi law governing public utilities, generation facilities 152
and electrical infrastructure projects. 153
SECTION 6. (1) No tower may be erected within three 154
thousand (3,000) feet of any property line of an adjacent parcel 155
used for agricultural purposes unless all adjoining landowners 156
provide written consent. 157
(2) No tower may be located within one (1) mile of a 158
dwelling, school, church or public building. 159
(3) No wind tower facility shall be located within: 160
(a) Three (3) miles of any state or federal wildlife 161
refuge, game management area or designated waterfowl habitat; 162
(b) Two (2) miles of any major river, lake or wetland 163
area designated by the Mississippi Department of Wildlife 164
Fisheries and Parks as critical habitat; or 165
(c) Any area identified by the Mississippi Department 166
of Wildlife Fisheries and Parks or the United States Fish and 167
Wildlife Service as a primary migratory bird corridor or bald 168
eagle nesting area. 169
SECTION 7. Before construction of a wind tower facility, 170
developers must post a decommissioning bond or escrow equal to the 171
full estimated cost of removing all towers and restoring land to 172
H. B. No. 1069 *HR26/R1484PH* ~ OFFICIAL ~
26/HR26/R1484PH
PAGE 8 (DJ\KW)
the preconstruction agricultural condition. A facility that 173
ceases operation for twelve (12) consecutive months shall be 174
deemed inactive, and the developer must begin removal within one 175
hundred eighty (180) days or forfeit the bond to the state for 176
site restoration. The reviewing agency may adjust the required 177
bond amount periodically for inflation or updated cost estimates. 178
SECTION 8. There is established the Wind Tower Agricultural 179
and Environmental Impacts Study Committee, which shall be composed 180
of the following members: 181
(a) The Commissioner of Agriculture, who shall serve as 182
the chairperson of the committee; 183
(b) The executive director of the Mississippi 184
Department of Wildlife Fisheries and Parks; 185
(c) The executive secretary of the Public Service 186
Commission staff; 187
(d) One (1) representative of the Mississippi 188
Agricultural Aviation Association (MAAA); 189
(e) One (1) member appointed by the Mississippi Farm 190
Bureau Federation: 191
(f) One (1) member from the Mississippi Delta Council; 192
and 193
(g) Two (2) members of the Legislature, one (1) of whom 194
shall be a Senator appointed by the Lieutenant Governor, and one 195
(1) of whom shall be a Representative appointed by the Speaker of 196
the House. 197
H. B. No. 1069 *HR26/R1484PH* ~ OFFICIAL ~
26/HR26/R1484PH
PAGE 9 (DJ\KW)
ST: "MS Agricultural and Farmland Wind Tower
Protection Act of 2026"; create.
(2) The Committee shall: 198
(a) Study aviation incidents, wildlife mortality data 199
and farmland loss associated with wind tower development; 200
(b) Develop statewide siting and permitting standards, 201
including a wildlife buffer map; and 202
(c) File a legislative report by January 1, 2027. 203
SECTION 9. Any entity constructing or operating a wind tower 204
facility in violation of this act shall be subject to civil 205
penalties of up to Ten Thousand Dollars ($10,000.00) per day, and 206
may be ordered to remove unauthorized towers at its own expense. 207
The state may recover all enforcement and restoration costs from 208
the posted financial assurance. 209
SECTION 10. If any provision of this act or its application 210
is held invalid, the remainder shall not be affected. 211
SECTION 11. This act shall take effect and be in force from 212
and after July 1, 2026, and shall stand repealed on June 30, 2026. 213