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Bill > SB2528

MS SB2528

MS SB2528
Mississippi Farmland, Migratory Bird, and Rural Protection from Industrial Wind Facilities Act; enact.

summary

Introduced
01/19/2026
In Committee
01/19/2026
Crossed Over
Passed
Dead
02/03/2026

Introduced Session

2026 Regular Session

Bill Summary

An Act To Enact The "mississippi Farmland, Migratory Bird, And Rural Protection From Industrial Wind Facilities Act"; To State Legislative Purposes And Findings; To Define Terms; To Prohibit Certain Approvals Of New Industrial Wind Facilities; To Void Certain Authorizations; To Preempt Counties, Municipalities And Other Political Subdivisions From Authorizing Action Prohibited Under This Act; To Provide Exceptions; To Prohibit Industrial Wind Facilities From Being Sited On Or Within Two Miles Of Prime Or Unique Farmland; To Provide Setbacks; To Protect Water Resources; To Prohibit Wind Turbine Locations In Agricultural Aviation Operations Areas; To Provide For Noise And Shadow Flicker; To Require Wind Energy Systems To Comply With Wildlife Laws; To Prohibit Certain Areas For Siting, Construction Or Operation Of Wind Turbines; To Require The Mississippi Department Of Wildlife, Fisheries, And Parks To Establish Rules Concerning Wildlife Protection; To Provide For Corrective Action And Decommissioning Of Wind Turbines; To Provide For Grandfathered Facilities; To Require Each Industrial Facility Subject To This Act To Maintain A Decommissioning Plan; To Require Owners And Operators To Post And Maintain Financial Assurance In Certain Forms; To Provide For Failure To Decommission; To Delegate Enforcement Authority; To Provide Available Remedies; To Create A Private Right Of Action; To Provide For Attorneys' Fees; To Require Faa Notice And Obstruction Evaluation; To Prohibit Action Following A Hazard Determination By The Faa; To Provide For Radar Interference Review; To Require Coordination Among Certain State Agencies; To Prevent Pollution; To Require Industrial Wind Facilities To Maintain An Oil, Grease And Fluid Management Plan; To Require Such Plan To Meet Certain Criteria; To Provide For Blade And Component Decommissioning; To Provide For Severability Of Any Provision Of This Act Upon A Holding Of Invalidity; And For Related Purposes.

AI Summary

This bill, the "Mississippi Farmland, Migratory Bird, and Rural Protection from Industrial Wind Facilities Act," aims to protect agricultural lands, wildlife, and rural communities by establishing strict regulations for industrial wind facilities, which are defined as wind turbines with a capacity of one megawatt or more, or groups of turbines totaling five megawatts or more. It prohibits the approval, permitting, construction, or operation of new industrial wind facilities across Mississippi, preempting local governments from authorizing such projects, with specific exceptions for small wind energy systems (under 100kW for on-site use and not on prime farmland) and existing, fully operational facilities. The act imposes significant restrictions, including prohibiting facilities on or within two miles of prime or unique farmland (land designated by the U.S. Department of Agriculture as highly productive or having special qualities), requiring substantial setbacks from occupied dwellings and property lines, protecting water resources by restricting construction near drinking water sources, and preventing interference with agricultural aviation operations. It also mandates compliance with noise and shadow flicker limits, requires wind energy systems to adhere to wildlife protection laws, and prohibits siting in wildlife refuges or high-risk migratory bird zones, with the Mississippi Department of Wildlife, Fisheries, and Parks tasked with establishing rules for pre-construction surveys, operational curtailments during migration, and post-construction monitoring of bird and bat fatalities. Furthermore, all facilities must have approved decommissioning plans and financial assurance to cover removal and site restoration costs, and the bill establishes enforcement mechanisms, including a private right of action for affected individuals, and requires Federal Aviation Administration (FAA) approval for aviation safety and radar interference reviews before any state or local authorization can be granted.

Committee Categories

Agriculture and Natural Resources

Sponsors (1)

Last Action

Died In Committee (on 02/03/2026)

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