If enacted, this bill would amend current statutes regarding public nuisances by specifically classifying utility-scale wind farms and solar farms constructed within four miles of residential properties as public nuisances. The bill introduces exemptions for projects that received zoning entitlements before the effective date of the amendment, those that obtain a certificate of environmental compatibility, and non-exporting rooftop solar systems. This change aims to address concerns from residents living near such renewable energy projects while still allowing for certain developments to proceed without being classified as nuisances.

Additionally, the bill modifies the enforcement mechanism for these public nuisance classifications. Currently, the county attorney, Attorney General, or city attorney can initiate actions to abate nuisances. The proposed legislation would require the Attorney General to specifically bring actions against utility-scale wind and solar farms classified as nuisances under the new provisions. This shift emphasizes the state's role in managing conflicts between renewable energy development and residential areas while maintaining a framework for legal recourse.

Statutes affected:
Introduced Version: 13-2917
House Engrossed Version: 13-2917