Amendment_Report_for

SECTION 1. This act shall be known and may be cited as the "Mississippi Agricultural and Farmland Wind-Tower Protection Act of 2026."

SECTION 2. For the purpose of this act:

(a) "Wind-tower facility" means any instillation of one or more wind turbines designed to generate electricity from wind power, including associated foundations substations, access roads and transmission infrastructure, with a total rated capacity of five (5) megawatts or more.

(b) "Agricultural-use land" means land actively used for growing crops and supporting aerial agricultural application, irrigation or other primary farm activities.

(c) "Decommissioning" means the removal of turbines, foundations and associated infrastructure, and the restoration of the site to productive agricultural condition.

(d) "Bond or financial assurance" means a surety bond, letter of credit, escrow account or similar instrument ensuring decommissioning and site restoration.

(e) "Setback" means the minimum straight-line distance between any tower base and specified protection boundaries.

(f) "Protected wildlife area" means any area under federal, state or local designation for wildlife, conservation or recreation, including, but not limited to, state wildlife-management areas, refuges, public waterfowl hunting grounds and migratory-bird corridors.

SECTION 3. (1) The Mississippi Public Service Commission (PSC) shall have exclusive authority and jurisdiction over the placement, construction, expansion, operation and enforcement of any wind-tower facility in the State of Mississippi. No wind-tower facility may be constructed, installed or operated without first obtaining approval from the PSC, as required by this act.

(2) Any person or entity seeking to develop or operate a wind-tower facility shall apply to the PSC for a Certificate of Public Convenience and Necessity, consistent with the Commission's existing statutory authority over electric utilities and generation facilities. The PSC shall review whether the proposed facility provides a measurable public benefit to the State of Mississippi, based on the following considerations:

(i) Energy production;

(ii) Grid reliability;

(iii) Economic development or tax revenue;

(iv) Technical and economic viability;

(v) Undue burdens or negative externalities for surrounding landowners or communities;

(vi) Compliance with statewide agricultural, environmental and land use protections established in this act;

(vii) Adequate financial assurance for decommissioning; and

(viii) Any other concerns for the public interest of the State deemed relevant.

(3) The PSC may deny an application if it finds that the project is:

(i) Not likely to produce meaningful electric output benefiting the state;

(ii) Primarily designed to benefit private landowners or out-of-state investment firms without providing reciprocal value to Mississippi residents or taxpayers;

(iii) Creating undue risk to agricultural operations, aerial agricultural operations, aerial agricultural application, natural resources or surrounding communities; or

(iv) Otherwise failing to serve the public interest.

(4) A private lease, easement or agreement between a developer and a landowner shall not constitute authorization to construct or operate a wind-tower facility absent PSC approval. (5) The PSC is authorized to adopt the rules, regulations and procedures necessary to implement this act, including minimum filing requirements, standards of technical and financial capability, environmental and agricultural-impact review procedures, public notice and hearing requirements, ongoing reporting obligations and enforcement actions. The PSC shall consult with the Mississippi Department of Agriculture and Commerce, the Mississippi Department of Wildlife, Fisheries, and Parks, the Mississippi Aeronautics Commission, the Mississippi Department of Environmental Equality and other relevant entities when evaluating applications. All wind-tower facilities shall be subject to any and all Mississippi laws governing public utilities, generation facilities and electrical-infrastructure projects.

SECTION 4. No person or entity shall construct or operate a wind-tower facility in this state without obtaining a permit from the designated reviewing agency and approval from the PSC. A permit application must include:

(a) A detail site plan and environmental assessment;

(b) A certified agricultural-impact assessment documenting potential interference with aerial agricultural operations;

(d) Evidence of financial assurance sufficient to fully decommission and restore the site, which is to be adjusted every five (5) years;

(e) Compliance with setback and wildlife protection zones as defined in subsection (2) of this act; and

(f) Written consent from any adjacent landowner within the defined setback radius if closer placement is proposed.

SECTION 5. No tower may be erected within three thousand (3,000) feet of any property line of an adjacent agricultural-use parcel, unless all adjoined landowners provide written consent. No tower may be located withing one (1) mile of a dwelling, school, church or public building. No wind-tower facility shall be located within three (3) miles of any state or federal wildlife refuge, game management area or designated waterfowl habitat. No wind-tower facility shall be located within two (2) miles of any major river, lake or wetland area designated by the Mississippi Department of Wildlife, Fisheries, and Parks as a critical habitat, or within an area identified by the Mississippi Department of Wildlife, Fisheries, and Parks or the U.S. Fish and Wildlife Service as a primary migratory-bird corridor or bald eagle nesting area. Applicants must provide at least thirty (30) days public notice to county boards and publish maps of all proposed tower locations within the county prior to permit approval.

SECTION 6. Before construction, developers must post a decommissioning bond or escrow equal to the full estimated cost of removing all towers and restoring land to pre-construction agricultural condition. A facility that ceases operation for twelve (12) consecutive months shall be deemed inactive, and the developer must begin removal within one hundred eighty (180) days, or forfeit the bond to the state for site restoration. The reviewing agency may adjust the required bond amount periodically for inflation and updated cost estimates.

SECTION 7. An entity constructing or operating a wind-tower facility in violation of this act shall be subject to civil penalties of up to Ten Thousand Dollars ($10,000.00) per day, and may be ordered to removed unauthorized towers at its own expense. The state may recover all enforcement and restoration costs from the post financial assurance.

SECTION 8. If any provision of this act, or its application is determined to be invalid, the remainder of the provisions in this act shall not be affected.

SECTION 9. This act shall take effect and be in force from and after July 1, 2026.