Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0700.01 Jennifer Berman x3286
SENATE BILL 22-110
Senate Committees House Committees
State, Veterans, & Military Affairs
A BILL FOR AN ACT
C
ONCERNING A REQUIREMENT THAT A WIND -POWERED ENERGY101
GENERATION FACILITY BE EQUIPPED WITH AN AIRCRAFT102
DETECTION LIGHTING SYSTEM .103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires that, on or before September 1, 2024, an owner
or operator of a wind-powered energy generation facility (facility) that is
required to obtain a land-use permit from a local government equip the
facility with an aircraft detection lighting system (system). The bill
defines a system as a sensor-based system that is designed to detect
SENATE SPONSORSHIP
Sonnenberg,
HOUSE SPONSORSHIP
Pelton,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. approaching aircraft and that meets federal aviation administration
requirements. An owner or operator of a facility is solely responsible for
the costs of installing, operating, or maintaining a system and may request
from the governing body of the local government an extension of time up
to one year to equip a facility with a system. A local government may
revoke an existing land-use permit or, if an application for permit renewal
is pending, refuse to renew a land-use permit if a facility owner or
operator fails to comply with the bill. The board of county commissioners
in the county in which a facility is located may adopt and enforce an
ordinance or resolution to authorize the board to impose civil penalties
against a facility owner or operator if the board determines that the owner
or operator has failed to comply with the bill.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 38-30.7-106 as2
follows:3
38-30.7-106. Wind-powered energy generation facilities4
inclusion of aircraft detection lighting systems - requirement -5
enforcement - definitions. (1) (a) F
OR ANY EXISTING OR NEW6
WIND-POWERED ENERGY GENERATION FACILITY THAT IS SUBJECT TO7
LOCAL GOVERNMENT LAND -USE PERMITTING REQUIREMENTS PURSUANT8
TO SECTION 29-20-108, THE OWNER OR OPERATOR OF THE FACILITY SHALL,9
ON OR BEFORE SEPTEMBER 1, 2024, EQUIP THE WIND-POWERED ENERGY10
GENERATION FACILITY WITH AN AIRCRAFT DETECTION LIGHTING SYSTEM .11
(b) T
HE OWNER OR OPERATOR OF A WIND -POWERED ENERGY12
GENERATION FACILITY IS SOLELY RESPONSIBLE FOR ANY COSTS13
ASSOCIATED WITH THE INSTALLATION , OPERATION, OR MAINTENANCE OF14
AN AIRCRAFT DETECTION LIGHTING SYSTEM PURSUANT TO THIS SECTION15
AND SHALL NOT SEEK TO RECOVER THE COSTS FROM PURCHASERS OF THE16
ELECTRICITY GENERATED BY THE WIND -POWERED ENERGY GENERATION17
FACILITY OR FROM UTILITY RATEPAYERS .18
(2) T
HE OWNER OR OPERATOR OF A WIND -POWERED ENERGY19
SB22-110-2- GENERATION FACILITY MAY SEEK AN EXTENSION OF TIME FROM THE1
GOVERNING BODY OF THE LOCAL GOVERNMENT TO COMPLY WITH2
SUBSECTION (1)(a) OF THIS SECTION. FOR GOOD CAUSE SHOWN , THE3
GOVERNING BODY OF THE LOCAL GOVERNMENT MAY GRANT AN4
EXTENSION OF UP TO ONE YEAR.5
(3) (a) A
LOCAL GOVERNMENT MAY REVOKE A PERMIT ISSUED6
PURSUANT TO SECTION 29-20-108 OR, IF AN APPLICATION TO RENEW A7
PERMIT ISSUED PURSUANT TO SECTION 29-20-108 IS PENDING, REFUSE TO8
RENEW THE PERMIT FOR ANY WIND -POWERED ENERGY GENERATION9
FACILITY LOCATED WITHIN THE BOUNDARIES OF THE LOCAL GOVERNMENT10
FOR WHICH THE OWNER OR OPERATOR OF THE FACILITY FAILS TO COMPLY11
WITH THIS SECTION.12
(b) I
F THE BOARD HAS EXERCISED ITS AUTHORITY TO ENACT AN13
ORDINANCE OR RESOLUTION TO IMPOSE CIVIL PENALTIES PURSUANT TO14
SECTION 30-11-130 AND DETERMINES THAT AN OWNER OR OPERATOR OF15
A WIND-POWERED ENERGY GENERATION FACILITY HAS FAILED TO COMPLY16
WITH THIS SECTION, THE BOARD MAY IMPOSE A CIVIL PENALTY ON THE17
OWNER OR OPERATOR OF THE FACILITY IN AN AMOUNT DETERMINED BY18
THE BOARD IN THE ORDINANCE OR RESOLUTION .19
(4) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE20
REQUIRES:21
(a) "A
IRCRAFT DETECTION LIGHTING SYSTEM " MEANS A22
SENSOR-BASED SYSTEM DESIGNED TO DETECT APPROACHING AIRCRAFT23
THAT MEETS THE REQUIREMENTS THAT THE FEDERAL AVIATION24
ADMINISTRATION IN THE UNITED STATES DEPARTMENT OF25
TRANSPORTATION HAS SET FORTH IN CHAPTER 10 OF ITS 2020 ADVISORY26
CIRCULAR AC 70/7460-1M, "OBSTRUCTING MARKING AND LIGHTING".27
SB22-110
-3- (b) "BOARD" MEANS THE BOARD OF COUNTY COMMISSIONERS IN1
THE COUNTY IN WHICH A WIND-POWERED ENERGY GENERATION FACILITY2
IS LOCATED OR WILL BE LOCATED.3
(c) "L
OCAL GOVERNMENT" MEANS A COUNTY OR A HOME RULE OR4
STATUTORY CITY, TOWN, TERRITORIAL CHARTER CITY , OR CITY AND5
COUNTY.6
(d) "W
IND-POWERED ENERGY GENERATION FACILITY " OR7
"
FACILITY" MEANS A FACILITY USED IN THE GENERATION OF ELECTRICITY8
BY MEANS OF A TURBINE OR OTHER DEVICE THAT CAPTURES AND EMPLOYS9
THE KINETIC ENERGY OF THE WIND.10
SECTION 2. In Colorado Revised Statutes, add 30-11-130 as11
follows:12
30-11-130. Equipping wind-powered energy generation13
facilities with aircraft detection lighting systems - enforcement -14
definitions. (1) A
BOARD MAY ADOPT AND ENFORCE AN ORDINANCE OR15
RESOLUTION AUTHORIZING THE BOARD TO IMPOSE A CIVIL PENALTY ON16
THE OWNER OR OPERATOR OF A WIND -POWERED ENERGY GENERATION17
FACILITY IN AN AMOUNT DETERMINED BY THE BOARD IN THE ORDINANCE18
OR RESOLUTION IF THE BOARD DETERMINES THAT THE OWNER OR19
OPERATOR OF THE FACILITY HAS FAILED TO COMPLY WITH SECTION20
38-30.7-106.21
(2) O
NE OR MORE CONTIGUOUS COUNTIES AND ANY MUNICIPALITY22
WITHIN EACH COUNTY MAY ENTER INTO AN INTERGOVERNMENTAL23
AGREEMENT TO EXTEND THE APPLICABILITY OF ANY ORDINANCE OR24
RESOLUTION ADOPTED UNDER THIS SECTION TO AND THROUGHOUT A25
PARTICIPATING COUNTY OR MUNICIPALITY .26
(3) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE27
SB22-110
-4- REQUIRES:1
(a) "B
OARD" MEANS THE BOARD OF COUNTY COMMISSIONERS IN2
THE COUNTY IN WHICH A WIND-POWERED ENERGY GENERATION FACILITY3
IS LOCATED OR WILL BE LOCATED.4
(b) "W
IND-POWERED ENERGY GENERATION FACILITY " OR5
"
FACILITY" MEANS A FACILITY USED IN THE GENERATION OF ELECTRICITY6
BY MEANS OF A TURBINE OR OTHER DEVICE THAT CAPTURES AND EMPLOYS7
THE KINETIC ENERGY OF THE WIND.8
SECTION 3. Act subject to petition - effective date. This act9
takes effect at 12:01 a.m. on the day following the expiration of the10
ninety-day period after final adjournment of the general assembly; except11
that, if a referendum petition is filed pursuant to section 1 (3) of article V12
of the state constitution against this act or an item, section, or part of this13
act within such period, then the act, item, section, or part will not take14
effect unless approved by the people at the general election to be held in15
November 2022 and, in such case, will take effect on the date of the16
official declaration of the vote thereon by the governor.17
SB22-110
-5-