June 11, 2026
Mr. Merkley introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
To prohibit States and local governments from prohibiting or limiting the connection, reconnection, modification, installation, transportation, distribution, or expansion of a renewable energy service based on the type or source of energy to be delivered, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Short title
This Act may be cited as the Renewable Energy Choice Act
.
Sec. 2. Definition of renewable energy
In this Act, the term renewable energy includes—
(1)
wind;
(2)
solar;
(3)
energy storage; and
(4)
geothermal.
Sec. 3. Limitation on regulation of renewable energy choice
A State or local government, including any instrumentality or regulatory agency of a State or local government, may not adopt, implement, or enforce a law, regulation, ordinance, building code, standard, or policy that prohibits or limits, or has the effect of directly or indirectly prohibiting or limiting, the connection, reconnection, modification, installation, transportation, distribution, or expansion of, or access to, an energy service based on the type or source of renewable energy sold in interstate commerce to be delivered to an end-user of that energy service, including by—
(1)
permanently banning renewable energy projects;
(2)
executing a moratorium on renewable energy projects for a period greater than 6 months, including any extensions;
(3)
limiting project height to less than 525 feet;
(4)
creating a setback requirement greater than 1,000 feet;
(5)
setting a sound limit below 50 decibels;
(6)
refusing to enter into a road use agreement; or
(7)
charging a permitting fee the cost of which deviates from the average fee imposed on other energy projects of similar capacity.