SB 879 - The act creates and modifies provisions relating to electric utilities.

PERMIT FOR THE CONSTRUCTION OF SOLAR FARMS (Section 67.5350)

Under the act, prior to obtaining a certificate of public convenience or necessity from the Public Service Commission, any person constructing a solar farm shall first submit an application to the county commission in each county where the solar farm is to be located.

The county commission of any county shall adopt an order or an ordinance requiring a permit to construct a solar farm within specified boundaries in an unincorporated area within the county. The permit shall be constructed within specific distances from certain properties described in the act. The permit shall require noise levels not to exceed 45 decibels from any property line.

Within 90 days of receiving an application for a permit, the county commission shall hold a public meeting before the issuance of a permit. Notice shall be provided at least 14 days prior to the public meeting. The applicant shall provide certain information at the public meeting as described in the act.

No later than 90 days after the public meeting, the county commission shall do the following:

- Issue a permit;

- Issue a permit limiting the boundaries of the proposed solar farm; or

- Deny the permit.

Any applicant intending to make a material amendment to the permit once it is issued shall submit a new application for the permit to the county commission. The county commission shall require any applicant who is issued a permit to obtain liability insurance in an amount sufficient to cover any damages which may arise from the construction of the solar farm.

The Public Service Commission shall not issue a certificate of public convenience or necessity to any applicant who did not receive a permit from a county commission in each county where the solar farm is to be located.

The county commission of any county where a solar farm is proposed to be constructed shall require a decommissioning plan of the solar farm, as described in the act.

This provision has an emergency clause.

These provisions are similar to provisions in SB 213 (2025) and SB 892 (2024).

TAXATION OF SOLAR ENERGY PROJECTS (Section 137.100, 137.124, 153.030, & 153.034)

Current law exempts solar energy systems not held for resale from property taxes. This act repeals such provision and provides that solar energy systems constructed for exclusive use of a single property may be exempted from property tax at the discretion of the county assessor.

Beginning January 1, 2027, for purposes of assessing all real property, excluding land, or tangible personal property associated with a project that uses solar energy directly to generate electricity and that was built or constructed to sell power, the tax liability actually owed shall be equal to $6,000 per megawatt of nameplate capacity and shall be adjusted for inflation annually.

Nothing in this provision shall be construed to prohibit a project from engaging in enhanced enterprise zone agreements or similar tax abatement agreements or to affect any existing enhanced enterprise zone agreements.

Beginning January 1, 2027, for purposes of assessing land that is associated with a solar energy project, the land shall be assessed as commercial property.

Beginning January 1, 2027, for any public utility that has a solar energy project, such solar energy project shall be assessed using certain methodology for real and personal property as described in the act.

The real and tangible personal property associated with a project which uses solar energy shall include certain solar equipment as described in the act.

These provisions are identical to SB 892 (2024), HB 2651 (2024), SB 549 (2023), SB 1014 (2022) and HB 1997 (2022), and similar to provisions in SB 213 (2025), a provision in HCS#2/HBs 440 & 1160 (2025).

COMMISSION'S RULEMAKING AUTHORITY RELATING TO THE CONSTRUCTION OF ELECTRIC TRANSMISSION LINES ON AGRICULTURAL LAND (Section 393.172)

By March 31, 2027, the Public Service Commission shall promulgate rules applicable to electrical corporations requiring construction of electric transmission lines for which permission is sought from the Commission to adhere to specific standards relating to construction activities occurring on privately owned agricultural land. Such standards are described in the act.

This provision is identical to a provision in SB 213 (2025), SB 892 (2024), and similar to a provision in HB 221 (2025), a provision in SB 139 (2025), a provision in SB 805 (2024).

SOLAR PROJECTS NOT TO EXCEED MORE THAN 2% OF ALL CROPLAND (Section 393.1120)

The total amount of real property associated with all solar energy projects in any county shall not be more than 2% of all cropland in the county.

The county commission or other authorized governing body may increase the percentage of cropland by order, ordinance, regulation, or vote of the residents of the county.

Any resident of the county shall have standing to bring suit to enforce these provisions against a solar energy project developer.

For all solar energy projects built on or after January 1, 2027, such project shall be subject to setback distances, as described in the act. This provision shall not apply to solar projects built and operating at capacity on or before December 31, 2026.

A solar energy company shall secure all property rights or easements necessary for transmission and interconnection for the solar energy project to connect to the electrical grid prior to beginning construction of the solar energy project.

This provision is similar to a provision in HB 440 (2025).

CONDEMNATION OF PROPERTY (Section 523.010)

Under the act, the authority of any electrical corporation to condemn property shall not extend to the construction of any structure or facility that uses wind or solar energy to generate or manufacture electricity.

The authority of any electrical corporation to condemn property shall extend to acquisition of rights needed to construct, operate, and maintain certain electrical infrastructure, described in the act, needed to collect and deliver solar or wind energy to the distribution or transmission grid.

This provision is identical to SB 199 (2025), a provision in SB 214 (2025), SB 1262 (2024), to a provision in SB 805 (2024), a provision in HB 1449 (2024), a provision in SCS/HCS/HB 1746 (2024), provisions in HB 1052 (2023) and substantially similar to a provision in HB 221 (2025), a provision in HCS#2/HBs 440 & 1160 (2025), HB 475 (2025), a provision in SB 139 (2025), HB 1750 (2024), and SB 577 (2023).

JULIA SHEVELEVA

JOSH NORBERG