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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 Thu, Mar 10, 2022
The Chairman called for discussion and action on SB478. 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)
Senator Francisco proposed a balloon amendment and discussed the recommended changes. The amendment changes the date for the system requirements of July 1, 2022, to on and after July 2026. Further, instead of requiring a system to be "equipped" with light mitigating technology, the amendment requires "notice to be filed and application made to the FAA" that includes a request to install a comprehensive light mitigating technology system. If the FAA approves the application, "such light mitigating systems shall be installed". The amendment also removes all involvement of county commissions. Lines 24 to 34 are struck from the bill, which made the light mitigation system requirements retroactive to turbines already in commission. On page two, lines 10 - 13, language was struck to required the costs of such systems to be the sole responsibility of the developer, owner or operator. With that section struck, the costs could now be passed on to the ratepayers. Finally, the amendment limits the requirements for light mitigating systems to wind generation facilities with 20 or more turbines that are more than 200 feet high. (Attachment 2).
The Chairman opened for discussion on the amendment. Following discussion, Senator Francisco moved, Senator Claeys seconded, adoption of the proposed balloon amendment. Motion carried.
Senator Thompson proposed a balloon amendment. Nick Myers discussed the recommended changes. The amendment would add in a new subsection (b) that was previously stricken, and would apply to systems that are constructed or have commenced operations in the state prior to July 1, 2026. Working in tandem with the previous amendment, a notice must be filed and application made to the FAA to install a light mitigating system. (Attachment 3)
After discussion, Senator Thompson withdrew the proposed amendment.
Senator Olson moved, Senator Kloos seconded, that the bill be tabled. Motion carried.
The Chairman adjourned the meeting at 2:40 pm.
