Relating to wind energy conversion facilities, including requirements for development, construction, and operation

The survey report must be submitted to the county board of supervisors (board), the department of natural resources, and the Iowa utilities commission and must be made publicly available. The bill requires an applicant to obtain and maintain third-party insurance covering reasonably foreseeable losses identified in the survey report throughout construction and operation and including certain provisions. The bill requires an applicant to obtain an independent legal opinion from an attorney licensed in Iowa and unaffiliated with the applicant affirming that the proposed project does not constitute a nuisance under current law. The bill prohibits issuance of a construction permit unless the applicant demonstrates before the board that, considering foreseeable benefits and costs, the project is more likely than not to confer a net benefit to county residents. The board may consider expert testimony, economic studies, environmental assessments, and the survey report. The bill requires the board to hold at least one public hearing prior to issuing a permit. Compliance with the bill is required for any permit or authorization relating to wind energy conversion facilities under applicable law. A violation of the bill or rules adopted under it constitutes a public nuisance and is punishable by civil penalties of not less than $5,000 per day for violations. The attorney general or a county attorney may bring actions to enjoin violations or recover damages. The bill authorizes any person aggrieved by a violation to bring a civil action in district court against certain parties. The bill allows recovery of actual damages, statutory damages, injunctive relief, attorney fees, and court costs, and provides for joint and several liability. The bill establishes limitation periods for bringing civil actions and provides that contractual provisions purporting to waive rights are void and unenforceable.