S. 4772

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4772 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. 4772

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.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

June 11, 2026

Mr. Merkley introduced the following bill; which was read twice and 
referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

A BILL

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.
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