1. (a) In this section, “energy generating system” means an energy generating system:

   1. (1) for which a certificate of public convenience and necessity is required by State law; or

   2. (2)

      1. (i) for which a certificate of public convenience and necessity is not required by State law; and
      2. (ii) that is not considered to be an accessory use under the zoning law of the local jurisdiction where the system is located.

2. (b) If the primary reason for a proposed amendment to change a zoning classification on a parcel of land is the existence of an energy generating system on that parcel of land or on a parcel of land that is adjacent to or in close proximity to that parcel of land, a legislative body may not grant an amendment to change the zoning classification based on a finding that there was:

   1. (1) a substantial change in the character of the neighborhood where the property is located; or
   2. (2) a mistake in the existing zoning classification.

Added by Acts 2018, c. 286, § 1, eff. Oct. 1, 2018.