Affordability, Data Centers and Nuclear Dominate Energy Debates But Clean Energy Bills Show Momentum

Our public policy team tracks energy legislation progressing through the legislative bodies of our priority states, keeps you updated, and when critical, asks chamber and economic development leaders to make their voices heard.

For the past few years, our primary focus has been clean energy siting legislation. Those bills remain our top priority, but legislation regarding affordability, data centers, and paving the way for nuclear development have dominated energy debates in legislatures across the country this year. I’d like to update you on a few specific clean energy bills we’re tracking this year.

Progress on Siting Reform: Virginia and Iowa Lead the Way

I’m pleased to report that fair and balanced siting legislation gained momentum in two states this year: Iowa and Virginia. In fact, SB 347 recently passed both houses of the Virginia General Assembly. This bill prevents counties from placing moratoria on siting utility-scale solar farms. It also provides statewide guidance on setbacks from roads, structures, and wetlands; fencing and visual impacts; height of solar panels; and requires decommissioning plans. SB 347 now sits on the Governor’s desk.

In Iowa, HF 2580 and SF 2447 are similar siting bills that have both made it through their respective chambers’ first “funnel” — the deadline for bills to pass in committee. They both provide statewide guidance on setbacks from structures and property lines for utility scale wind and solar facilities and require decommissioning plans. The bills also prevent local bans on wind and solar but do allow a six-month moratorium to allow counties to consider local ordinances. Next up for these bills: second “funnel” — the March 20 deadline for bills to pass their house of origin and one committee in the other house.

These bills in Virginia and Iowa represent real progress on siting reform versus last year. 

Ohio: A Mixed Picture on Clean Energy

In Ohio, a priority bill that didn’t make it across the finish line last year shows promise. HB 303 would establish a community energy pilot program. Community energy refers to energy generation projects that allows citizens to own or participate in the production and use of energy generated close to the end user. This distributed energy resource gives participants greater control over their own energy — including cost, and can take pressure off the grid. HB 303 has passed the House and is awaiting action in the Senate.

It's not all good news for clean energy. Also in Ohio, SB 294 appears on the surface to favor clean energy development by making it the policy of the state to give preference to affordable, reliable, clean sources of energy in siting hearings for new generation plants. In reality, the bill deems natural gas as virtually the only clean and reliable source of energy production. The bill is currently in a Senate committee and is expected to be amended before it leaves the committee. 

Arizona Bill Targeting Wind and Solar Advances in Amended Form

Meanwhile, in Arizona, HB 2267 as introduced would have declared all utility scale wind and solar — including existing installations — to be a public nuisance if they are installed within four miles of a residential property, imposing steep fines on installations found in violation. The bill has been amended so that its provisions no longer apply to existing wind and solar installations or new wind and solar installations that receive a certificate of environmental compatibility from the Power Plant and Transmission Line Siting Committee. The amendments also clarify that the bill would not apply to rooftop solar installations. The amended bill is expected to pass the House in the coming days.

Regulatory Reform Efforts in Florida and Indiana

Finally, two states we track, Florida and Indiana, saw efforts to adjust their regulatory processes with an eye on transparency and affordability. Multiple bills in Florida seeking to reform the Public Service Commission and revise the 10-ten year site planning process failed to gain momentum this session. In Indiana, HB 1002, moves the state towards a form of performance-based ratemaking, with affordability being one of the performance measures. The bill has passed both houses and awaits the Governor’s signature. 

CICE will continue monitoring important energy bills and keep you informed. If you want to learn more about these or other energy-related issues in your state, help drafting a clean-energy public policy statement, or assistance drafting testimony or public remarks about clean energy, please contact Rob Bradham, Director of Policy. For other topics, please visit www.chambersforinnovation.com.