Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
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 EQUI PPED WITH LIGHT MITIGATING
102
TECHNOLOGY.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
3rd Reading Unamended
March 25, 2022
SENATE
Amended 2nd Reading
March 24, 2022
SENATE SPONSORSHIP
Sonnenberg and Kolker, Bridges, Coleman, Cooke, Donovan, Fenberg, Fields, Ginal,
Hansen, Hisey, Holbert, Jaquez Lewis, Kirkmeyer, Liston, Lundeen, Moreno, Rankin, Scott,
Simpson, Smallwood, Woodward
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 light mitigating technology - requirement - enforcement
5
- definitions. (1) (a) S
UBJECT TO SUBSECTION (1)(b) OF THIS SECTION
6
AND SUBJECT TO FAA APPROVAL FOR THE INSTALLATION OF APPROVED7
LIGHT MITIGATING TECHNOLOGY , FOR ANY NEW WIND-POWERED ENERGY8
GENERATION FACILITY THAT IS SUBJECT TO LOCAL GOVERNMENT9
LAND-USE PERMITTING REQUIREMENTS PURSUANT TO SECTION 29-20-108,10
AND FOR WHICH THE OWNER OR OPERATOR OF THE NEW FACILITY BEGINS11
VERTICAL CONSTRUCTION OF THE FIRST WIND TURBINE INCLUDED WITHIN12
THE FACILITY ON OR AFTER APRIL 1, 2022, THE OWNER OR OPERATOR13
SHALL INSTALL LIGHT MITIGATING TECHNOLOGY AT THE NEW FACILITY .14
(b) T
HE OWNER OR OPERATOR OF A NEW
WIND-POWERED ENERGY15
GENERATION FACILITY SUBJECT TO SUBSECTION (1)(a) OF THIS SECTION,16
WITHIN SIX MONTHS AFTER THE FACILITY RECEIVES A DETERMINATION OF17
NO HAZARD FROM THE FAA, SHALL:18
(I) A
PPLY TO THE FAA, ANY OTHER APPLICABLE FEDERAL
19
110-2- AGENCY, OR BOTH, FOR THE INSTALLATION OF APPROVED LIGHT1
MITIGATING TECHNOLOGY ; AND2
(II) W
ITHIN TWENTY-FOUR MONTHS AFTER RECEIVING APPROVAL
3
FROM THE FAA IN ACCORDANCE WITH SUBSECTION (1)(b)(I) OF THIS4
SECTION, AND SUBJECT TO THE AVAILABILITY OF LIGHT MITIGATING5
TECHNOLOGY FROM THE MANUFACTURER OR SUPPLIER , INSTALL, TEST,6
AND COMMENCE OPERATION , CONSISTENT WITH FAA REQUIREMENTS OR7
OTHER APPLICABLE FEDERAL AGENCY REQUIREMENTS , OF THE LIGHT8
MITIGATING TECHNOLOGY AT THE NEW FACILITY .9
(2) T
HE OWNER OR OPERATOR OF A WIND -POWERED ENERGY10
GENERATION FACILITY MAY SEEK AN EXTENSION OF TIME FROM THE11
GOVERNING BODY OF THE LOCAL GOVERNMENT TO COMPLY WITH12
SUBSECTION (1) OF THIS SECTION FOR A PERIOD OF UP TO TWENTY-FOUR
13
MONTHS. THE GOVERNING BODY OF THE LOCAL GOVERNMENT SHALL14
GRANT THE REQUEST IF THE OWNER OR OPERATOR CAN DEMONSTRATE15
THAT, DESPITE THE OWNER'S OR OPERATOR'S EXERCISE OF COMMERCIALLY16
REASONABLE EFFORTS , THE AVAILABILITY OF LIGHT MITIGATING17
TECHNOLOGY CONSTRAINED THE OWNER 'S OR OPERATOR'S ABILITY TO18
COMPLY WITH SUBSECTION (1) OF THIS SECTION IN THE TIME FRAME19
AFFORDED. A BOARD SHALL NOT IMPOSE ANY PENALTIES AGAINST THE20
OWNER OR OPERATOR PURSUANT TO SUBSECTION (3) OF THIS SECTION21
DURING THE EXTENSION PERIOD GRANTED .22
(3) I
F THE BOARD HAS EXERCISED ITS AUTHORITY TO ENACT AN
23
ORDINANCE OR RESOLUTION TO IMPOSE CIVIL PENALTIES PURSUANT TO24
SECTION 30-11-130 AND DETERMINES THAT AN OWNER OR OPERATOR OF25
A WIND-POWERED ENERGY GENERATION FACILITY WAS REQUIRED TO , BUT26
FAILED TO, COMPLY WITH THIS SECTION, THE BOARD MAY IMPOSE A CIVIL27
110
-3- PENALTY ON THE OWNER OR OPERATOR OF THE NEW FACILITY IN THE1
AMOUNT OF ONE THOUSAND DOLLARS PER DAY .2
(4) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE3
REQUIRES:4
(a) "A
PPROVAL FROM THE FAA" MEANS FAA APPROVAL TO EQUIP
5
AND OPERATE LIGHT MITIGATING TECHNOLOGY FOR AT LEAST THIRTY6
PERCENT OF THE PROPOSED WIND TURBINES INCLUDED WITHIN A NEW7
WIND-POWERED ENERGY GENERATION FACILITY .8
(b) "B
OARD" MEANS THE BOARD OF COUNTY COMMISSIONERS IN9
THE COUNTY IN WHICH A WIND-POWERED ENERGY GENERATION FACILITY10
IS LOCATED OR WILL BE LOCATED.11
(c) "FAA"
MEANS THE FEDERAL AVIATION ADMINISTRATION IN THE
12
U
NITED STATES DEPARTMENT OF TRANSPORTATION .
13
(d) "L
IGHT MITIGATING TECHNOLOGY " MEANS A SENSOR-BASED
14
SYSTEM THAT:15
(I) I
S DESIGNED TO DETECT APPROACHING AIRCRAFT ;
16
(II) K
EEPS THE LIGHTS OFF WHEN IT IS SAFE TO DO SO; AND
17
(III) T
HE FAA HAS APPROVED AS MEETING THE REQUIREMENTS
18
SET FORTH IN CHAPTER 10 OF THE FAA'S 2020 ADVISORY CIRCULAR AC19
70/7460-1M,
"OBSTRUCTION MARKING AND LIGHTING".
20
(e) "LOCAL GOVERNMENT" MEANS A COUNTY OR A HOME RULE OR21
STATUTORY CITY, TOWN, TERRITORIAL CHARTER CITY , OR CITY AND22
COUNTY.23
(f) "WIND-POWERED ENERGY GENERATION FACILITY " OR24
"
FACILITY" MEANS A FACILITY USED IN THE GENERATION OF ELECTRICITY25
BY MEANS OF TURBINES OR OTHER DEVICES THAT CAPTURE AND EMPLOY
26
THE KINETIC ENERGY OF THE WIND.27
110
-4- SECTION 2. In Colorado Revised Statutes, add 30-11-130 as1
follows:2
30-11-130. Equipping wind-powered energy generation3
facilities with light mitigating technology - enforcement - definitions.4
(1) A
BOARD MAY ADOPT AND ENFORCE AN ORDINANCE OR RESOLUTION5
AUTHORIZING THE BOARD TO IMPOSE A CIVIL PENALTY ON THE OWNER OR6
OPERATOR OF A NEW
WIND-POWERED ENERGY GENERATION FACILITY IN7
THE AMOUNT OF ONE THOUSAND DOLLARS PER DAY IF THE BOARD8
DETERMINES THAT THE OWNER OR OPERATOR OF THE FACILITY WAS9
REQUIRED TO, BUT FAILED TO, COMPLY WITH SECTION 38-30.7-106.10
(2) O
NE OR MORE CONTIGUOUS COUNTIES AND ANY MUNICIPALITY11
WITHIN EACH COUNTY MAY ENTER INTO AN INTERGOVERNMENTAL12
AGREEMENT TO EXTEND THE APPLICABILITY OF ANY ORDINANCE OR13
RESOLUTION ADOPTED UNDER THIS SECTION TO AND THROU GHOUT A14
PARTICIPATING COUNTY OR MUNICIPALITY .15
(3) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE16
REQUIRES:17
(a) "B
OARD" MEANS THE BOARD OF COUNTY COMMISSIONERS IN18
THE COUNTY IN WHICH A WIND-POWERED ENERGY GENERATION FACILITY19
IS LOCATED OR WILL BE LOCATED.20
(b) "W
IND-POWERED ENERGY GENERATION FACILITY " OR21
"
FACILITY" MEANS A FACILITY USED IN THE GENERATION OF ELECTRICITY22
BY MEANS OF TURBINES OR OTHER DEVICES THAT CAPTURE AND EMPLOY
23
THE KINETIC ENERGY OF THE WIND.24
SECTION 3. Act subject to petition - effective date. This act25
takes effect at 12:01 a.m. on the day following the expiration of the26
ninety-day period after final adjournment of the general assembly; except27
110
-5- that, if a referendum petition is filed pursuant to section 1 (3) of article V1
of the state constitution against this act or an item, section, or part of this2
act within such period, then the act, item, section, or part will not take3
effect unless approved by the people at the general election to be held in4
November 2022 and, in such case, will take effect on the date of the5
official declaration of the vote thereon by the governor.6
110
-6-