AB 46

This bill requires a person, including a representative of a developer or other

company, who seeks to purchase or lease land for the purpose of developing certain

large solar electric generating facilities to provide notice to any political subdivision

in which the land is located of the person's interest in purchasing or leasing land for

this purpose at least 30 days before the person contacts the landowner about the

purchase or lease. The bill defines a political subdivision as a city, village, town, or

county. The person must also provide written notice to the landowner and any other

landowners located within one mile of that land.

Under current law, a person seeking to construct a large electric generating

facility, specifically a facility designed with an electric generating capacity of at least

100 megawatts, must obtain a certificate of public convenience and necessity (CPCN)

from the Public Service Commission. The bill provides that at least 45 days before

a person files a CPCN application with PSC for certain large solar electric generating

facilities, the person must submit a written notice indicating the person's interest in

entering into a joint development agreement (JDA) with each political subdivision

in which the proposed facility would be located. In addition, during the 45 days

immediately after providing that written notice the person must make a good faith

effort to negotiate a joint development agreement with each political subdivision in

which the proposed facility would be located.

Under the bill, each political subdivision considering a JDA must make a record

of its decision-making process, including a record of any public hearing, copies of

documents submitted at any public hearing, and copies of any other documents

provided to the political subdivision in connection with the proposed JDA. The bill

specifies that a political subdivision's authority to enter a JDA is subject to current

law restrictions that prohibit a city, village, town, or county from placing any

restriction, either directly or in effect, on the installation or use of a solar energy

system unless the restriction: 1) serves to preserve or protect the public health or

safety; 2) does not significantly increase the cost of the system or significantly

decrease its efficiency; or 3) allows for an alternative system of comparable cost and

efficiency. The bill requires that the parties to a JDA must ensure that the agreement

is consistent with rules promulgated by PSC that establish subject matter that a JDA

must address, and further requires that the political subdivision must base its

decision regarding the provisions of a JDA on written findings of fact that are

supported by the evidence in the record.