This bill proposes the addition of a new section, 7-1-3uu, to the Code of West Virginia, which grants county commissions and municipalities the authority to enact ordinances that restrict the location of wholesale renewable energy facilities, specifically those with a production capacity of five electric megawatts or greater. The bill outlines the legislative findings that highlight the local impacts of such facilities, including effects on property values, community enjoyment, scenic views, wildlife, and local economies. It emphasizes that these impacts should be primarily addressed at the local level.

The proposed legislation allows local governing bodies to adopt ordinances that can set limits on the areas where these facilities can be constructed, impose setback and screening requirements, and establish criteria for environmental impact mitigation, among other provisions. Additionally, it provides for judicial review for individuals adversely affected by such ordinances, ensuring that their rights to establish or operate renewable energy facilities are protected. The bill also clarifies that any local ordinances will not affect municipalities that have their own zoning regulations in place regarding renewable energy facilities.

Statutes affected:
Introduced Version: 7-1-3uu