SB12 Alabama 2014 Session

Summary

Primary Sponsor

Phillip W. Williams

Republican

Session

Regular Session 2014

Title

Wind Energy Conversion Systems, regulation provided for, Public Service Commission required to issue permit, certification by licensed engineer required, regulation of location, design, and installation of systems, Alabama Wind Energy Conversion Act

Summary

SB12 would create the Alabama Wind Energy Conversion Systems Act, requiring PSC permits and engineer certification to regulate wind energy systems in Alabama.

What This Bill Does

If enacted, the act would require a Public Service Commission permit before installing or operating a wind energy system and allow PSC to regulate location, design, installation, and operation. It would require the system’s turbine towers and overall design to be certified by a licensed engineer with wind-energy experience, and require local government approval and zoning compliance. It would establish safety, environmental, and financial protections (such as setback distances, noise limits, tower markings, anti-climbing features, financial assurances, and liability insurance) and create a detailed permit process with timelines, including removal of abandoned systems. The act would expand PSC authority over wind projects, require coordination with other agencies (e.g., DOT for airport hazard) and set rules for abandonment, fees, and enforcement.

Who It Affects

• Wind energy developers/owners who must obtain PSC permits, submit required information, pay fees, maintain financial assurance and liability insurance, and comply with design and operation standards.
• Local governments and planning/zoning authorities that must approve projects and enforce zoning and setback requirements.
• Public utilities and non-jurisdictional electric suppliers that may adopt interconnection, safety, and reliability requirements under the act.
• Property owners and nearby residents who are affected by noise limits, encroachment restrictions, setbacks, and safety requirements.
• State agencies such as the Alabama Department of Transportation and federal agencies (FAA, FCC) that must be consulted for airport hazard considerations and other permits.
• Insurance providers and lenders who would be involved in providing or verifying liability coverage and financial assurances.

Key Provisions

• Requires PSC permit before construction or operation of a wind energy conversion system and authorizes PSC to regulate location, design, installation, and operation.
• Developer must obtain local government approval and comply with applicable zoning; Alabama DOT must confirm no airport hazard prior to PSC approval.
• Turbine towers and system design must be certified by a licensed engineer with wind-energy experience; equipment must meet good engineering practices and applicable codes; changes to certified designs require engineer certification.
• System must have overspeed protection, safety controls, and all electrical components must comply with applicable laws; utilities may set necessary interconnection and safety requirements.
• Projects must include a reclamation plan; financial assurance sufficient to cover decommissioning and site restoration; liability insurance of $1,000,000 for damages to property and infrastructure.
• Application process established: within 180 days PSC must adopt rules; applications require detailed information (owner/property contact, site footprint, plot plan, visual renderings, reclamation plan); permit decision must be issued within 120 days or the application is deemed approved.
• Setbacks and encroachment rules: no encroachment within 5 times the tower height for occupied structures or public use areas, 1.5 times the height to public roads, and minimum setbacks from overhead and underground electrical lines (1.5x height to overhead lines; 0.5x height to underground lines). Written consent from affected property owners is required for exceptions.
• Noise limit of 50 decibels measured at the property line; towers designed to be climbable only from inside; meteorological towers must be unclimbable and marked for visibility; high-voltage warning signs required at base.
• Abandonment provisions: systems not operating for 365 consecutive days may be deemed abandoned and removed, with PSC discretion to delay abandonment upon proof of continued operation or restoration plans.
• If a wind system becomes a utility or non-jurisdictional electric supplier, it becomes subject to PSC regulation to the same extent as other utilities.
• Act clarifies it does not repeal covenants; if this act imposes stricter limits than other laws, the act governs; not applicable in Cleburne County; Baldwin County provisions remain under existing covenants.
• Effective date: becomes law on the first day of the third month after governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Wind Energy Conversion Systems