The Fight

Sign In or Create an Account.

By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy

Spotlight

A Wave of Anti-Renewables Bills Hits State Legislatures

It’s not just Trump.

•
Texas and Oklahoma
Heatmap Illustration/Getty Images

State legislatures are now a crucial battleground for the future of renewable energy, as Republican lawmakers seek massive restrictions and punitive measures on new solar and wind projects.

Once a hyperlocal affair, the campaign to curtail renewable energy development now includes state-wide setbacks, regulations, and taxes curtailing wind and solar power. As we previously reported, Oklahoma is one of those states – and may as soon as this year enact mandatory setback requirements on wind power facilities, despite getting nearly half its electricity from wind farms. According to a Heatmap Pro analysis, these rules would affect 65 of Oklahoma’s 77 counties.

Oklahoma is far from alone in potentially restricting land use. In Arizona, the State House last month passed legislation that according to one analysis would lock wind developers off more than 90% of all land in the state. Roughly half of the remaining available acreage would be on Native tribal lands and in or near national parks, which are especially tough areas to build wind turbines. The bill is currently pending before the state Senate. There isn’t much wind energy in Arizona but utilities, who’ve been mostly mum on the legislation so far, have been trying to build more wind and solar in order to wean off coal and gas power. Unfortunately, according to the Arizona Republic, this legislation was reportedly prompted by the backlash to a specific new wind project: Lava Run, a 500-megawatt wind project in the state’s White Mountains opposed by nearby residents.

When asked if the project would ultimately be built, Repsol – Lava Run’s developer – simply told me the company “believes that wind energy in Arizona represents an opportunity to benefit local communities and the state as a whole.”

Republican states have passed legislation to restrict renewables development in certain areas before, so this isn’t exactly a novel development. Florida last year banned all offshore wind projects, and in Ohio, a recent law empowering localities to block solar and wind projects has significantly curtailed industry investment in the state. Wisconsin Republicans are trying to enact similar legislation as soon as this year.

But the sweeping quickness of this legislative effort is striking – and transcends land use rules. Elsewhere, development restrictions may come in the form of tax increases, like in Idaho where the chief revenue committee in the state House has unanimously approved legislation that would institute a per-foot excise tax on individual wind turbines taller than 100 feet without local approval. (The average wind turbine is 320-feet tall.) In Missouri, Republican state legislators are advancing legislation that would create additional taxes for building solar projects on agricultural land, a proposal that echoes an effort underway in the U.S. Congress to strip tax benefits from such projects. And Ohio Republicans have introduced plans to axe all existing state subsidies for solar project construction and operation.

Then there’s the situation in Texas, where state Republican lawmakers are expected to revive a bill requiring solar and wind projects to get express approval from the Public Utilities Commission – a process that fossil fuel projects do not have to go through. The state is the nation’s top producer of renewable energy, generating over 169,000 gigawatt-hours last year.

The legislation passed one legislative chamber in the previous session and environmental activists are starting to sound the alarm that it could get even greater traction this go-around. Luke Metzger, executive director of Environment America’s Texas division, told me that if it becomes law, it would likely undermine investor confidence in developing solar and wind in Texas for the foreseeable future. “It’s very unclear if they could get a permit” under the bill, Metzger said. “If some wealthy Texans didn’t want a solar farm near their ranch, they could convince the PUC to reject their permit.”

Metzger said he is also worried that Texas acting to restrict renewables would produce similar regulation in other parts of the country given the state’s legacy role as a conservative policy braintrust.

“You could have this ripple effect that could end the industry,” Metzger said, “at least in several other states.”

The aggressive and rapid approach sweeping state legislatures has yet to get a national spotlight, so I'm curious how the renewables trade groups are handling these bills.

I asked American Clean Power and the Solar Energy Industries Association if they have any data on the rise of anti-renewables legislation and whether they have comments on this trend. Neither organization responded with data on how many states may soon pass renewables restrictions, but they did get back to me quite fast with comments. SEIA provided a statement from Sarah Birmingham, their vice president of state affairs, noting that energy demand “is rising across the country and we need all the electricity we can get, fast.” The group also pointed to polling it commissioned on solar energy popularity in Texas and a report it just happened to release in January touting the benefits solar can provide to the state’s revenue base.

ACP meanwhile provided me with a similar statement to SEIA’s, defending renewables and criticizing state bills restricting solar and wind project development.

“Reducing their growth at state and local levels stifles innovation, raises consumer energy costs, and hinders a cleaner, more reliable grid, leaving communities vulnerable to energy shortages,” said spokesman Jason Ryan.

It’s clear some legislators agree with ACP. In Montana, legislation targeting wind turbine height is stuttering after a large cadre of industry representatives and property owners complained it would kill development entirely and kneecap tax revenue to the sparsely populated state. And in Mississippi, lawmakers appear to have abandoned efforts to enact a one-year moratorium on wind turbines for a study on the industry’s impacts on agriculture.

But it’s only March. I guess we’ll have to wait and see how aggressive – and how public – the fight over these bills this year will become.

This article is exclusively
for Heatmap Plus subscribers.

Go deeper inside the politics, projects, and personalities
shaping the energy transition.
To continue reading
Create a free account or sign in to unlock more free articles.
or
Please enter an email address
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Plus

The Promise and Peril of the Blue Wave for Renewables

Talking with Arnab Pal, the executive director of Deploy Action.

•
The Q&A subject.
Heatmap Illustration

This week’s conversation is with Arnab Pal, executive director of Deploy Action, president of Clean Infrastructure Advisors, and former principal advisor at the Energy Department’s Loan Programs Office under the Biden administration alongside Jigar Shah.

I reached out to Pal for guidance on where he saw state-level policy going around renewables development after the 2026 blue wave election. Simply put, few could’ve provided better guidance. We have no idea what could happen next after an unprecedented election result, but he couldn’t have been more clear-eyed and, as he put it to me, focused on the future. I appreciated our conversation and decided it was worthwhile to provide it to you in full.

Keep reading...Show less
Yellow
Spotlight

Was This Really the Data Center Election?

Evidence suggests data center concerns probably didn’t actually flip many votes.

•
Voting signs and a data center.
Heatmap Illustration/Getty Images, Library of Congress

This week’s midterm elections were undeniably horrible for the data center industry. But a closer look indicates dominant media narratives about the impact of AI infrastructure on voting behavior also deserve more scrutiny.

On election night, candidates who railed against data center sprawl during their campaigns won across the country, including statewide races in red areas. The most striking example was Gina Hinojosa, now governor-elect for the data center-centric state of Texas, who ran on instituting a complete pause on projects across the Lone Star State. So striking was her win, it sent AI and data center stocks into freefall. Cleanview, a clean energy news and data site, said Hinojosa’s pause, if put into effect, could affect up to 88.4 gigawatts of “planned” data center development, depending on how it's implemented.

Keep reading...Show less
Yellow
Hotspots

The Place Where a Candidate Promising to Do Less on Data Centers Actually Won

And more of the week’s top fights around development.

•
The United States.
Heatmap Illustration/Getty Images

1. McCracken County, Kentucky – A rare bright spot for the data center sector quietly occurred in deep red Kentucky in a race defined by what’ll likely be the first project built on federal land.

  • As I previously reported, a large data center project became the primary point of conflict in the race for McCracken County’s judge-executive. The incumbent Republican Craig Clymer had welcomed the project, and faced a challenge from independent George Bray, mayor of the county’s largest city of Paducah. Bray also supported the data center but said his city, which is adjacent to the project, should’ve received more demarcated benefits. Bray called for a community benefit agreement.
  • Turns out voters in McCracken County didn’t care enough about this issue to make a change and wanted to keep Clymer in office. He won handily, netting more than 12,000 votes to Bray’s roughly 7,600. It’s one of the few races across the country that went in favor of the candidate promising to do less when it came to data centers.

2. Pulaski County, Arkansas – After a blue wave election in Little Rock, this county government is on a collision course with data center development.

Keep reading...Show less
Yellow