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

National Trends

• Clean Tomorrow is augmenting our bill tracking capacity by bringing on Stateside Associates. With their help, we’ve expanded our legislative monitoring and are now tracking over 400+ siting-related bills in 45 states. We’ll keep detailing the most relevant and consequential legislation in this newsletter. 
• The majority of siting bills — including both restrictive and permissive legislation — have been introduced by Republican legislators. This trend may reflect both the increasing political polarization of renewables and the extent to which renewable siting is primarily a rural land use issue. Sponsorship of the bills we’re tracking is: 224 Republican, 201 Democratic, 18 bipartisan, and 14 by policy committees.
• Many states are wrapping up their legislative sessions, leading to a mad dash to adopt budgets and pass bills. By the end of April, 17 states will have adjourned for the year, By the end of May, 31 states will have adjourned. See this resource for more details on legislative session dates and deadlines.
• Many restrictive siting bills failed to advance through the legislative process (KY SB 108, MT HB 389, WY SF 0183, UT HB 241) or were significantly amended to minimize their impact on renewable energy deployment (FL SB 700).
• Establishing restrictive setbacks in statewide standards is a commonly proposed siting reform in states without state-wide siting frameworks (AR HB 1198, OK HB 1451, KY HB 790, TN SB 132, TX SB 819). Establishing permitting processes specific to renewables, where no similar requirements exist for fossil resources, is also a frequent proposal for states without state-wide siting frameworks (AR SB 437, KS SB 173, NM HB 435, OK HB 2155, TX SB 819).
• Bills allowing for, or requiring, local resolutions or public referendums as a condition for site approval are proliferating, too (ID SB 317,  NY A 4682, TX HB 4353, WI AB 7).

Session Updates

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

• HB 502, introduced in Pennsylvania, would establish an optional state siting pathway for energy projects. The provisions of the bill apply to energy generation projects ≥25 megawatts (MW) and battery energy storage systems >40 MWh. The bill would also establish the RESET Board of seven members from various state agencies and grants the Board the authority to approve or deny applications for a “certificate of renewable energy supply.” A certificate overrides any local limits on project siting, such as ordinances or regulations, but may not be granted for a residentially zoned property or a facility application previously denied by a local government. An application must meet certain criteria for approval, and the Board sets an application filing fee of 50¢ per kilowatt with a $150,000 maximum. The RESET board would have 90 days to make a decision on a complete application and may approve, deny, or conditionally approve a project. Board decisions are appealed to the Environmental Hearing Board, which has 180 days to issue an opinion upon appeal filing. Finally, the bill would establish the Siting Advisory Council, which may make recommendations regarding siting and land use impacts to the Board.

Passed the Legislature | Legislation that has passed both chambers.

• Arkansas (SB 437) passed “The Arkansas Wind Energy Development Act,” establishing state-level permitting and siting requirements for wind energy projects larger than 5 MW. The legislation sets restrictive standards, including setbacks of 3.5 times the height of a turbine from non-participating property lines; 1-mile setbacks from schools, hospitals, parks, city limits, and airports; decibel levels of 35 dBA at a non-participating dwelling; and 100% financial security paid up front for decommissioning. In addition, the legislation allows local governments to establish additional less restrictive requirements through zoning ordinance or local permits. The Arkansas Public Service Commission will adopt rules to implement the law. The bill has not yet been signed by Gov. Huckabee Sanders.
• A comprehensive policy reform introduced in Maryland (SB 931/HB 1036) passed the legislature on April 7 on a party line vote. HB 1036 maintains 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. In a nod to agricultural interests, the bill adopts an acreage cap on solar development in “priority preservation areas” (i.e., prime farmland) to 5 % of the land in the county’s PPA. Additionally, the bill increases the bonding requirements for project decommissioning to 125% and adopts a new landscape bonding requirement. A provision in the bill allowing localities to require payments in lieu of taxes of $5,000 per MW from a solar project was struck from the final version. Gov. Moore is expected to sign the bill into law.
• In South Carolina, the legislature has advanced the “South Carolina Energy Security Act” (HB 3309) through the House and Senate. The bill, which is now likely headed to conference, streamlines permitting for “all-of-the-above” energy projects. It includes a strict 6-month permitting timeline, while also amending solar siting policy in the state, likely making the process more onerous. In counties without zoning ordinances, the bill establishes reasonable standards for all solar projects larger than 13 acres (~2 MW). The requirements include 50-foot setbacks from adjoining property lines, very specific vegetative buffers, 6-foot fencing, and decommissioning. These standards represent a shift from the status quo; currently, all projects less than 75 MW are only subject to local requirements. 
• Indiana reached its legislative halfway point, with several potential siting reforms (HB 1420, HB 1628) missing the cutoff. One bill that did pass the legislature (SB 425) will accelerate permitting for energy projects in “energy production zones,” defined as abandoned mine lands and lands already hosting energy facilities >80 MW, by exempting those projects from local review. The bill was amended to state that wind and solar projects are not eligible for this expedited permitting. However, the bill also makes broad changes to local government permitting processes that do apply to renewable energy projects, including limiting moratoria to 1 year and standardizing timelines for local permitting decisions.
• A highly restrictive bill specific to wind energy in Arizona (HB 2223) failed to pass the House before the cutoff. However, the bill was resurrected when the House Land, Agriculture, and Natural Resources committee passed the bill as a striker on SB 1150. The bill then narrowly passed the House 31-28 and was transmitted back to the Senate. The bill would, among other things, allow 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 require extensive permitting for leases on state and federal lands. It’s unclear if the Senate will pass the bill and whether Gov. Hobbs would veto.
• In Washington, SB 5317 passed the state legislature with near-unanimous bipartisan support and is expected to be signed by Gov. Ferguson. The bill clarifies the local government’s role in the state siting process, insulating counties from legal challenges when providing technical assistance to projects in the state’s site evaluation process. A more comprehensive reform (SB 5359) enacting recommendations from 2023 legislative report findings passed out of a policy committee but stalled at the crossover deadline.

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

• Louisiana’s legislative session got off to a hot start this month with the introduction of restrictive siting legislation (HB 615). The bill would establish a state-level siting and permitting process for solar facilities larger than 10 acres at the Department of Energy and Natural Resources. Provisions include: 100% financial security paid up front for decommissioning; a 60-day public notice before permit applications; and setbacks of 1 mile from non-participating residential properties, or a compensation model based on property values and distance factors. It’s unclear if the bill’s provisions also apply to energy storage facilities. The bill advanced unanimously from the Natural Resources and Environment committee.
• A bill establishing restrictive setbacks for wind turbines in Oklahoma (SB 2) passed the Senate and passed out of the House Energy and Natural Resources Oversight Committee. The bill would establish setbacks for wind turbines of 0.25 nautical miles (1,500 feet) from residential dwellings and non-participating properties. Currently, Oklahoma requires 1,500 foot setbacks for wind turbines from schools, hospitals, and public-use airports. 
• A raft of bills have been introduced in Texas to restrict renewable development, with two advancing through the legislature. SB 819, which passed the Senate on a vote of 22-9, allows the Texas PUC to block projects, enacts restrictive setbacks of 2 times the height of a wind turbine from property lines, requires documentation of local support or opposition to the project, and sets a 6-month permitting timeline.Currently, neither local nor state governments have authority over siting and permitting renewable energy projects, and similar requirements do not exist for oil and gas projects. SB 388, which passed the Senate by an 18-13 margin, is essentially a reverse Renewable Portfolio Standard, setting a goal that 50% of the megawatts generated in the ERCOT power region after January 1, 2026, be sourced from dispatchable generation other than battery energy storage. This legislation would reverse decades of competitive energy markets in ERCOT, which have enabled lower cost renewables to thrive. 
• In Michigan, Republican legislators, who hold a majority in the House, are advancing legislation to repeal the state’s recent siting and permitting reforms under PA 234. The bills (HB 4027 and HB 4028) would repeal the section of law that grants the PSC authority to issue certifications for energy facilities and that establishes zoning ordinance standards for local governments, among other provisions. The legislation passed out of the Committee on Energy along a party line vote and will likely pass the House. However, it’s unclear if the bills have a pathway to passage in the Senate and would likely be vetoed by Gov. Whitmer. 
• A bill introduced in  Wisconsin (SB 3 / AB 7) would require a local government’s approval via resolution for wind and solar projects >15 MW prior to the developer receiving a CPCN or certificate of approval from the PSC. Currently, local government approvals are not required under the Wisconsin siting process. Both bills are in committee.
• 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 in exchange for an increase in nameplate capacity tax revenue from projects within the county’s borders.
• Positive siting reforms may emerge in Ohio through proposed amendments to expansive electric utility reform bills (HB 15 and SB 2). Both bills passed out of their chambers of origin and are in committee.

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

• A bill (HB 3048) introduced in West Virginia would have limited the number of wind energy projects at two per year and reduced coal severance taxes by 5 percent for each new wind project. The bill failed to pass prior to adjournment on April 12. 
• Iowa Senate and House subcommittees voted to advance permissive siting legislation (SF 376 / HSB 317), but neither bill passed committee before the first “funnel,” (legislative cutoff) and both are likely dead. The companion bills would have established permissive state standards for siting wind and solar facilities, including: reasonable setback distances, limits on local governments’ ability to adopt greater setbacks, standards for noise and shadow flicker, and flexibility for neighboring property owners to waive setbacks. The bills also proposed efficient timelines for project decisions, as well as reasonable decommissioning requirements. Finally, the legislation prohibits exclusionary zoning based on corn suitability, zoning district type, and the setting of any acreage caps.
• A bill establishing restrictive setback distances failed to advance out of committee in Montana (HB 389). The proposed legislation would have required wind turbine setbacks of 1,250 ft from all property lines, 3,000 ft from public roads, and 1.5 miles from neighboring property lines.  
• Legislation in Utah (HB 241) that would have significantly constrained renewable energy deployment was amended to pass the House, but it failed in the Senate. The original legislation required restrictive state standards for renewable energy projects and prohibited construction in certain areas. The amended version reduced farmland tax incentives for projects located in prime farmland, established a local permit application and review process, and required a decommissioning plan.
• While two major energy siting bills are advancing in Texas (described above), the rest appear to be stalled. HB 4353 would require a local referendum for individual project approval for all renewable energy projects in counties with a population greater than 10,000 people, and HB 3056 would establish 500-yard setbacks for solar energy facilities. HB 5576 proposed codifying best management practices for wind and solar facilities and a signed attestation of compliance but precluded a local or state permit. Specific to battery storage, HB 1343 would require a state permitting process through the Texas PUC, and HB 1378 establishes minimum 500-yard setbacks.
• A bill has been tabled in New Mexico (HB 435) that would have empowered the Public Regulation Commission (PRC) with permitting authority for renewable generation projects >5 MW. The bill also directed a rulemaking at the PRC to evaluate project impacts, including scenic, cultural, and environmental impacts.
• 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, advanced 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
• In Wyoming, a committee voted down a problematic bill (SF 0183) to establish a moratorium on new solar and wind projects through 2030.

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

• According to advocates in Wisconsin, a bill may be coming together to 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.