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State of Siting | March 2026

In a short session year, legislatures in some states are already wrapping up their work, and siting legislation was a topic of hot debate. Thirteen state sessions have either already ended or will conclude by the end of this month – Alabama, Florida, Georgia, Indiana, Idaho, Oregon, South Dakota, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. There are still 32 states in session, with most ending by the end of June. Currently, we’re tracking 100 siting bills across 23 states. Most of these bills seek to restrict new clean energy development, but successful pro-renewables efforts are also advancing in several states.

National Siting Policy Trends

Session Updates – States to Watch

Sensible Spotlight | Highlighting a policy that shifts the narrative or moves the ball:

  • In Iowa, two nearly identical bills could deliver a win for renewable energy development in the state. HF 2580 (formerly HSB 692) sets uniform statewide standards for local ordinances. If passed, these guardrails would limit local government’s ability to prevent development through restrictive zoning ordinances. Notably, the bill allows local governments to opt out of these standards if they provide public notice on the potential lost revenue of not permitting the project, and if they hold a public hearing demonstrating that non-compliant standards are necessary to prevent impacts on health or safety of residents or public facilities. SF 2447 (formerly SF 376) is a very similar bill that sets state standards and procedures for local governments but includes stricter setback distances (3x wind turbine height compared to HF 2580’s 2x height), sets a 120-day permitting timeline, and does not include the opt-out provisions. While this bill could deliver more certainty to developers, the stricter setback standards could impact the economic viability of certain projects. Both bills are still currently in their respective committees, but both are likely to be amended into a single more permissive version addressing these concerns, with a high likelihood of passage.

Active bills that would improve renewable energy siting:

  • In Arizona, HB 2494 provides an optional pathway to avoid potentially restrictive local zoning ordinances. The bill is an “all of the above” energy siting bill that centralizes siting authority at the state level for qualifying energy infrastructure projects. The bill has passed out of the House and the Senate Natural Resources Committee.
  • In Nebraska, LB 1193 would bring battery energy storage systems into the state’s existing renewable energy regulatory and tax framework, exempting the projects from personal property tax and replacing it with a nameplate capacity tax of $2,952 per MW. The first 5 years of nameplate capacity tax revenue are classified as non-restricted funds for local budget purposes. Additionally, the bill streamlines the approval process for co-located battery projects, only requiring a 30-day notification before construction rather than needing full Board approval. Overall, the passage of this bill would improve battery storage siting in the state by providing tax clarity and stability and streamlining permitting processes. The bill is still under consideration in the House Revenue Committee.

Active bills that would make renewable energy siting more difficult:

  • Alabama has introduced two bills this month that would negatively impact renewable deployment in the state. SB 354 would place a moratorium on all solar development in the state for one year, except for projects proposed in areas under the Tennessee Valley Authority. It passed out of committee and had its third reading on the Senate floor on March 17th. The author of the bill, Sen. Greg Albritton (R), made a successful motion to table the bill. It’s been carried over, meaning it could be taken back up before the session ends on April 2nd. Alabama is a Dillon Rule state, meaning the legislature must explicitly grant siting authority to counties. The state has chosen to do this for specific counties for wind development and appears to be attempting the same for solar development in their coastal counties. SB 358/HB 618 grants solar project regulatory authority to Alabama’s Gulf Coast counties—Baldwin and Mobile counties. Local control without safety net provisions essentially enables carte blanche exclusions of large-scale solar in those specific areas and sets a dangerous precedent for any future legislation. The bills were reported out of their committee and read for the second time on March 17th.
  • In Arizona, HB 2267 takes a unique and aggressive approach to restricting renewables by amending the state’s public nuisance statute to constitute utility-scale solar and wind farms as an automatic public nuisance unless they receive a certificate from the state siting committee. The bill passed the House and was read for the second time in the Senate on March 9th.
  • In Kansas, SB 417 poses a threat to future renewable energy deployment in the state if passed. The bill sets restrictive statewide zoning standards including half-mile setbacks for wind turbines, establishes a state siting authority with the State Corporation Commission, authorizes county commission boards to allow or ban renewable energy projects through resolutions, and provides veto power of resolution decisions through an outlined referendum process. The bill was referred to the Committee on Utilities on February 24.
  • In Mississippi, HB 1069, a bill that would establish state level siting authority and restrictive statewide standards for wind projects, has gained momentum in the legislature. These restrictive standards (i.e. 1 mile setback from any home, school, church, or public building and 100% up-front decommissioning bond) will make it extremely difficult to build wind energy in the state. The bill originally passed both the House and Senate with significant bipartisan support, but on March 16th, the House reconsidered the bill, voted to reject the Senate’s changes, and called for a conference committee to negotiate a compromise.
  • In Missouri, some of the most restrictive bills in the country are progressing through the legislature. SB 879 would create a mandatory county-level permitting process for solar projects over 20 continuous acres (approximately 4 MW) and establishes stringent setback, noise, and decommissioning standards. The bill also sets a cap for solar on cropland at no more than 2% in any county and changes the tax assessment of solar projects to a flat rate assessment at $6,000 per megawatt. The bill passed through committee and was scheduled to be “perfected” on March 19th, the step before its third reading and vote on the Senate floor. SB 849, a bill establishing a statewide moratorium on renewable energy, also passed through its committees and was scheduled for perfection on March 19th.
  • In Oklahoma, legislators have introduced 6 bills that would inhibit the development of renewable energy projects in the state. While most of these bills are still in the early stages and have yet to move from committees, they’re worth keeping an eye on. Most notably, HB 2972, HB 3723, would expand local control significantly, and SB 2183 would establish restrictive statewide standards for wind projects, with extremely high setbacks (roughly 5-6x turbine height from residential structures) and overly burdensome decommissioning financial assurance. Both mechanisms would materially constrain renewable energy deployment in Oklahoma.
  • In Rhode Island, HB 7182 would significantly restrict renewable energy deployment in a state where siting renewables is already difficult. This bill limits utility-scale solar siting to already-developed land or accessory uses such as rooftops, parking lots, commercial properties, etc. and explicitly bans solar on forested land, farmland, and undeveloped properties of more than one acre or more. The bill was scheduled for hearing and consideration in the House Corporations Committee on March 19th.
  • In Wisconsin, SB 3/AB 7 would be detrimental to future renewable deployment in the state. The companion bills require developers to receive local approval via resolution before seeking a certificate of public convenience and necessity from the Public Service Commission. This grants siting authority to local governments, allowing them to deny large scale renewable energy project siting applications, an authority currently only held by the state. SB 3 was originally introduced last year but rolled over into this session. AB 7 was introduced as its House companion on February 6th and was assigned to the Committee on Energy and Utilities. The Senate held a public hearing for SB 3 on March 10th.

Bills that have passed the legislature:

  • In Utah, HB 16 was passed by the legislature in February and is now at the Governor’s desk. The bill discourages renewable energy development on agricultural land by removing a project’s eligibility for state incentives if sited on cropland and grazing land. While the bill also includes a pro-development provision prohibiting local governments from unreasonably withholding approval for projects, the impact the agricultural land provisions could have on project economics likely outweigh the potential positive impacts of the bill.
  • Virginia passed a few notable bills this session that reduce barriers to renewable energy siting in the state. SB 443/HB 891, will streamline co-located battery storage siting by making them a permitted accessory use by right, which bypasses the more lengthy local approval process. VA HB 711 establishes statewide zoning ordinance guardrails for solar projects and mandates that local governments have a special review process. While this provides certainty to developers, permitting authority is still held at the local level and any permit denials or incompatible ordinances must be appealed through the courts, which is a costly, time-intensive process. Both bills were passed by the legislature and have been sent to the Governor. Virginia’s session ended on March 14th.
  • In Oregon, legislators passed HB 4031, a unique policy solution to the problem of the impending end of federal renewable energy tax credits. The bill creates an exception to the requirement of obtaining a siting certificate from the state siting council for qualifying renewable energy facilities that meet federal tax credit eligibility criteria. This would significantly streamline the siting process by reducing permitting timelines and regulatory risk. The bill was officially signed into law by the Governor on March 5th. Oregon’s legislative session ended on March 8th.
  • In Washington, HB 1960 has passed and is on the Governor’s desk to be signed. The bill will enable significant progress for renewable deployment by amending tax policy to encourage permissive, local siting through an incentive structure very similar to a payment-in-lieu-of-tax scheme. Local governments are not eligible to receive the revenue if they do not permit a renewable energy project through the model ordinance developed by the Department of Commerce. Washington’s legislative session ended on March 12th.

Bills that have stalled or failed:

  • The legislative sessions of Florida, Indiana, and West Virginia ended without the passage of any siting bills.
  • In Arizona, it appears HB 2915 has stalled after the Committee on Natural Resources, Water, and Energy voted to hold the bill in committee. HB 2915 would require counties to establish a residential property tax reduction fund for large renewable energy facilities after zoning approval. This would have disincentivized local governments from permitting projects due to the uncertainty of tax revenue streams caused by the fund.
  • In Maine, LD 2174, a major state siting reform bill that would have significantly improved renewable energy and transmission infrastructure permitting certainty by establishing a state permitting framework for those projects, died on March 12th, following a joint “Ought Not to Pass” vote. This bill would have required projects to receive a single state-issued permit, centralized and streamlined interagency and municipal review procedures, set a 105-day review window with automatic approval if the timeline is overshot, standardized application and notice requirements, and established limitations on local actions that could delay or prohibit renewable siting. It also would have directed the Department of Environmental Protection to create a “Permit by Rule” process during rulemaking that would automatically approve permit projects meeting the specified standards. Opposition to the bill seems to be primarily motivated by the provisions that would amend local home rule authority, which sparked heated debate in the bill’s public hearing. Maine does not allow bills in even legislative years to be carried over, so any chance of this bill returning in 2027 would require it to be introduced as a new bill.
  • While Mississippi still has a highly restrictive bill progressing through the legislature, other anti-renewables siting bills have failed this session. This includes SB 2057, SB 2528, and SB 2021 that died in committee, and HB 1492 that died on the calendar. All these bills sought to expand statewide regulations on renewable development through various mechanisms such as increasing decommissioning requirements, setting wind turbine height limits in specific areas, establishing stringent statewide standards and permitting process for both wind and solar projects.
  • In Washington, WA HB 2509, which would have allowed expedited reviews and certifications by the Energy Facility Site Evaluation Council for renewable energy and transmission projects that had no significant environmental impacts, stalled in the House. Washington’s legislative session ended on March 12th.
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