Unleashing American Energy Act

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Policy Status

  • Type: Model Policy
  • Status: Draft
  • Date Introduced: July 18, 2025

Issues

  • Energy

    • Task Forces

  • Energy, Environment and Agriculture

    • Tags

  • 2025 Annual Meeting

    • Summary

    Electricity costs are expected to rise along with demand. As with any economic good, this reflects a shortage of supply relative to demand. A key way to reduce energy costs in the US is to increase the supply of energy. This bill (1) removes bans on types of energy production such as fracking and nuclear, (2) streamlines permitting at the local level, (3) prohibits bans on gas stoves as well as gas infrastructure, and (4) leverages an all-of-the-above-and-below approach to keeping energy costs low for Americans. 
    Draft

    Unleashing American Energy Act

    Section 1. Title. 

    This Act may be cited as the Unleashing American Energy Act. 

    Section 2. Findings. 

     The Legislature finds that: 

    • Government policies have become barriers to energy production, especially for oil, natural gas, and nuclear development. But these barriers affect all sources.  
    • Agriculture and energy production have long coexisted, supporting rural economic development. For example, the United States Department of Agriculture reports that, in 2014, farmland generated two out of three dollars of the total oil and gas production in the US. 
    • Limiting consumer choice on how energy is produced harms Americans by reducing energy production sources, and so raises electricity costs. 
    • Landowners should have the freedom to responsibly use their land for energy production and storage. 
    • Clear legal pathways are needed to ensure government policies do not unreasonably restrict lawful energy uses on private property. 

    Section 3. Removing Barriers To Energy Production 

    (a) Repeal of bans on energy use and production 

    1. Any statewide or local moratorium or blanket prohibition on the following activities is hereby repealed and of no further force or effect:
      • The siting, permitting, or construction of nuclear energy facilities, including advanced nuclear technologies and processing;
      • The use of hydraulic fracturing (“fracking”) for the extraction of oil or natural gas or for geothermal purposes;
      • The operation of energy storage systems, including battery installations, on private property zoned for agricultural or industrial use;
      • The use or connection of natural gas stoves, pipelines, and natural gas furnaces for homes.
    2. Preemption of Future Bans.
      • No political subdivision of the state may enact or enforce any blanket ban on the activities listed in section 3(a)(1). Regulatory agencies may issue rules concerning the health, safety, and environmental impacts of such activities, but may not prohibit them outright unless required by federal law.
      • Private homeowners associations may still regulate these technologies via their covenants and restrictions.
    3. All energy projects permitted under this Act shall be subject to applicable safety, environmental, and operational standards set by the state or federal government, but shall not be banned solely based on technology type.

    (b) Energy Production as a Permitted Use. 

    The following shall be considered permitted uses on land zoned for agricultural or industrial use, and shall not require rezoning or conditional use approval: 

    1. Oil and natural gas extraction;
    2. Solar energy generation;
    3. Wind energy generation;
    4. Geothermal energy exploration and generation;
    5. Battery energy storage;
    6. Exploration for useful energy production resources;
    7. Infrastructure necessary for the development, interconnection, and operation of these energy systems.

    (c) Local Zoning Preemption. 

    No political subdivision may prohibit or classify as a non-permitted use any activity listed in subsection (a) on agriculturally or industrially zoned land, unless the prohibition is based on a clear, immediate, and direct threat to public health or safety, supported by written findings. 

    Section 4. Landowner Remedies 

    (a) A landowner whose energy project is denied or restricted by local regulation may petition a district court for relief. 

    (b) The court shall give deference to the presumption that energy uses listed in Section 3 are lawful and consistent with agricultural and industrial land use. 

    (c) The burden shall be on the local government to demonstrate by clear and convincing evidence that any restriction is necessary to address a specific and material threat to public health or safety. 

    Section 5. Effective Date. 

    This Act shall take effect on [insert date].