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Minutes for SB478 - Committee on Utilities
Short Title
Establishing requirements for wind energy conversion system obstruction lighting to mitigate the visual impact of such lighting systems.
Minutes Content for Wed, Mar 9, 2022
Nick Myers, Office of the Revisor of Statutes, gave an overview of the bill. SB478 would require Federal Aviation Administration (FAA) approved obstruction lighting systems be installed on wind turbines to monitor the airspace to detect aircraft and activate the lights on the turbines only when aircraft are within a specified distance. Current wind turbine lighting systems blink continuously. The systems would be required for each wind energy conversion systems that have not yet been constructed or commenced operations prior to July 1, 2022. Systems currently operating as of July 1, 2022 would be required to install such lighting systems by July 1, 2025. The bill sets forth other requirements for establishing such systems. (Attachment 1)
The Chairman called for proponent testimony on the bill.
Proponent Oral Testimony
Shenan Cline, private citizen, spoke as a proponent of the bill. She stated her family lives within the footprint of a wind farm, and when the turbine is positioned right, the red light reflects off their barn as if they have a flashing advertisement that goes off every few seconds of the night. They also live south of the Marshall wind farm, and 20 miles west of the Soldier Creek wind farm. They experience the blinking lights from three different farms, none of which are on the same frequency. She showed a video of the night sky with the view panning from one side of their property to another showing the array of constant blinking lights. She asked the Committee to help bring back the Kansas night sky, free of blinking lights. (Attachment 2)
Aaron M. Popelka, V.P. of Legal and Governmental Affairs, Kansas Livestock Association (KLA), spoke as a proponent of the bill. He stated one of the more common complaints from landowners near wind developments are the bright, blinking, synchronized, red lights. "This externality is extremely disruptive to rural residents, who prior to the development, were able to enjoy a clear night sky." He further said the only suggestion KLA would make, is to clarify that a minimum state standard that requires radar activated lights be implemented, and wind developers should not have the ability to influence counties to adopt lesser light-mitigating standards that permit the status quo. (Attachment 3)
Ted Lischer, private citizen, spoke as a proponent of the bill. He stated one of the unique treasures of Kansas is its wide open vistas such as the western Flint Hill with its "truly inspiring views", but the dark of a clear Kansas night is now distracted in some areas with over a hundred simultaneous red blinking lights which can be seen as far as 30 miles away. "Thankfully the Aircraft Detection Light Mitigation technology is an affordable and readily availale solution to address this issue." (Attachment 4)
David Fisher, private citizen, spoke as a proponent of the bill, stating it would help protect his property value. His home is 17 miles from the nearest turbine in Allen County and their night view has been ruined by the constantly flashing red lights on top of 59 wind turbines. He is a former commuter pilot and flight instructor, and understands the importance of obstruction lighting on wind turbines, but lighting should only be on when an airplane is in the area. He stated SB478 is an affordable, simple solution to this problem and will protect our night skies. (Attachment 5)
Jonathan Sill, private citizen, spoke as a proponent of the bill. He stated the bill is not anti-wind, but simply requires wind energy systems to install and maintain FAA approved light mitigating systems, similar to a bill passed in 2017 in North Dakota. He explained there are currently 4,000 wind turbines in the state, with potential for another 2,600+ to be installed by 2025. That would mean an additional 2,600+ blinking lights dotting the countryside every night. He stated he had amendments to strengthen the bill, and detailed estimated costs and revenues of wind farms operating with such systems installed. (Attachment 6)
Bryan Coover, private citizen, spoke as a proponent of the bill. He stated he is in the footprint of the Neosho Ridge Wind turbine complex, and there are wind turbines every direction from his house, usually rotating and noisy, with very bright, red blinking lights on each of 139 turbines. The developer, Apex, refused to include radar activation, even though they benefit from the federal production tax credit of $30 million per year which goes to their tax equity partner and shareholders. "As I am driving home in the evening, I can see a bank of large, bright, flashing red lights stretching across the horizon. My heart is in my stomach because I know that that is where I now live, and I don't want to go there." (Attachment 7)
Written Proponent Testimony:
Gayla Randel, private citizen (Attachment 8)
Margaret Stewart, private citizen (Attachment 9)
Ron and Dana Eggers, private citizens (Attachment 10)
Shirley Estrada, private citizen (Attachment 11)
Penny Massing, private citizen (Attachment 12)
Rev. Dr. Stan Basler, Chairman, Neosho Ridge Wind Farm Advisory Committee (Attachment 13)
Micah and Sonya Kee, private citizens (Attachment 14)
Chester Fincham, private citizen (Attachment 15)
Bonnie Rasmussen, private citizen (Attachment 16)
Don and Laura Musil, private citizens (Attachment 17)
Dianne Novak, private citizen (Attachment 18)
Debra Cramer, private citizen (Attachment 19)
Mary Ann Fincham, private citizen (Attachment 20)
Carol Hull, private citizen (Attachment 21)
Following proponent testimony, the Chairman opened up for a period of questions and answers.
