This Siting Solutions Project monthly newsletter identifies national trends in renewable energy siting legislation and profiles key bills to watch.

National Trends

• It’s a busy legislative season! So far this year, we’ve seen siting legislation introduced in at least 27 states. Most of these bills would seriously restrict new clean energy development, typically by creating onerous statewide requirements that overrule local siting jurisdictions. 
• In states that have recently passed comprehensive siting reforms, legislators have introduced many messaging bills to shift permitting authority back to local governments (IL SB 1457, MI HB 4027, NY A 5908, WI SB 3, WA SB 5283).
• Establishing statewide standards for renewable energy with restrictive setbacks is another commonly proposed siting reform (AR HB 1198, OK HB 1451, KY HB 790, TN SB 132, TX SB 819), as is establishing permitting processes specific to renewables, where no similar requirements exist for fossil resources (AZ HB 2223, KS SB 173, NM HB 435, OK HB 2155, UT HB 241, TX SB 819).
• Bills allowing for, or requiring, public referendums as a condition for site approval are proliferating, too (ID SB 317, AZ HB 2223, NY A 4682).

Session Updates

Sensible Spotlight | Highlighting a policy that shifts the narrative or moves the ball.

• A novel approach introduced in Nebraska (LB 503) allows for counties to voluntarily become “American Energy Friendly Counties”. The designation would come with prescribed zoning standards for wind and solar that counties would adopt in exchange for an increase in nameplate capacity tax revenue from projects within the county’s borders. 

Still in Play | Bills that are alive and under consideration.

• A comprehensive policy reform introduced in Maryland (HB 1036) would establish a siting process through the PSC including a set of standards for setbacks, fencing, vegetative screening, site maintenance, and more. The bill also prohibits local jurisdictions from adopting regulations to constrain or deny site development under certain conditions and requires expedited reviews of site development plans that meet the standards in the legislation. Finally, the bill allows localities to require payments in lieu of taxes of $5,000 per MW from a solar project.
• Regressive legislation introduced in Florida (SB 700 / HB 651) requires the electric utility to submit 10-year site plans for proposed power plants to the respective county commission if the site has been classified as agricultural at any time during the past 5 years. The county commission is granted similar authorities to the Public Service Commission, including determining whether the proposed site plan is suitable.
• The Iowa Senate Commerce Subcommittee voted to advance permissive siting legislation (SF 376), which includes a robust set of state standards for setbacks, noise levels, project heights, and more, plus a limitation on restrictive local zoning ordinances.

Bills that Stalled | Legislation that failed because of a vote or procedural hurdle.

• In Virginia, the legislative session ended without passage of a siting bill, despite the introduction of several potential reforms. HB 2438, which would have established statewide standards for local governments to incorporate into zoning ordinances, made it the furthest, narrowly passing the House, but failing to pass out of the Senate Commerce and Labor Committee. More opportunities will emerge next year, with a renewed focus on siting policy if Democrats win the Governor’s seat.
• A highly restrictive bill specific to wind energy in Arizona (HB 2223) failed to pass the House. It was voted down 25 – 33. The bill would, among other things, establish the ability for individuals to file a referendum petition against County conditional use permits; prohibit wind farms from being located within 6 miles of a non-participating property, or 12 miles of a residentially-zoned parcel; and extensive permitting requirements for leases on state and federal lands.
• A bill has been tabled in New Mexico (HB 435) that would have empowered the Public Regulation Commission with permitting authority for renewable generation projects >5 MW. The bill also directs rulemaking at the Public Regulation Commission to evaluate project impacts, including scenic, cultural, health, and environmental impacts.
• Indiana reached its halfway point with several potential siting reforms missing the cutoff. One bill which is still live (SB 425) would have accelerated siting on certain brownfield sites but was amended to remove applicability for renewable energy projects. Advocates are considering options for reviving the content of the failed bills (HB 1420, HB 1628).
• In Wyoming, a problematic bill (SF 0183) to establish a moratorium on new solar and wind projects through 2030, was voted down in committee.

On the Horizon | What hasn’t been introduced yet, but we’re keeping an eye out for.

• Positive siting reforms may emerge in Ohio through proposed amendments to expansive electric utility reform bills (HB 15 and SB 2).
• Governor Shapiro announced his budget will include proposed reforms to siting and permitting policy in Pennsylvania, including creating the RESET board to accelerate project deployment. We are keeping an eye out for related legislation.
• In Wisconsin, a bill is coming together that may address some concerns of rural communities, including topsoil management, visual impacts, decommissioning, and impacts to prime farmland.

If you’d like more information, or if there’s anything we’ve missed, please reach out to siting@cleantomorrow.org.