Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 22-0700.01 Jennifer Berman x3286
SENATE BILL 22-110
Senate Committees House Committees
State, Veterans, & Military Affairs Energy & Environment
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
HOUSE
3rd Reading Unamended
April 26, 2022
HOUSE
Amended 2nd Reading
April 22, 2022
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, Bernett, Catlin, Hooton, Jodeh, Lindsay, Lontine, Lynch, Michaelson Jenet, Pico,
Snyder, Soper, Will
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 APPROVAL FROM THE FAA FOR THE INSTALLATION OF7
APPROVED LIGHT MITIGATING TECHNOLOGY , FOR ANY NEW8
WIND-POWERED ENERGY GENERATION FACILITY THAT IS SUBJECT TO9
LOCAL GOVERNMENT LAND -USE PERMITTING REQUIREMENTS PURSUANT10
TO SECTION 29-20-108 OR IS OWNED BY AN INDEPENDENT POWER11
PRODUCER, AND FOR WHICH THE OWNER OR OPERATOR OF THE NEW12
FACILITY BEGINS VERTICAL CONSTRUCTION OF THE FIRST WIND TURBINE13
INCLUDED WITHIN THE FACILITY ON OR AFTER APRIL 1, 2022, THE OWNER14
OR OPERATOR SHALL INSTALL LIGHT MITIGATING TECHNOLOGY AT THE15
NEW FACILITY.16
(b) T
HE OWNER OR OPERATOR OF A NEW
WIND-POWERED ENERGY17
GENERATION FACILITY SUBJECT TO SUBSECTION (1)(a) OF THIS SECTION,18
WITHIN SIX MONTHS AFTER THE FACILITY RECEIVES A DETERMINATION OF19
110-2- NO HAZARD FROM THE FAA, SHALL:1
(I) A
PPLY TO THE FAA, ANY OTHER APPLICABLE FEDERAL
2
AGENCY, OR BOTH, FOR THE INSTALLATION OF APPROVED LIGHT3
MITIGATING TECHNOLOGY ; AND4
(II) W
ITHIN TWENTY-FOUR MONTHS AFTER RECEIVING APPROVAL
5
FROM THE FAA IN ACCORDANCE WITH SUBSECTION (1)(b)(I) OF THIS6
SECTION, AND SUBJECT TO THE AVAILABILITY OF LIGHT MITIGATING7
TECHNOLOGY FROM THE MANUFACTURER OR SUPPLIER , INSTALL, TEST,8
AND COMMENCE OPERATION , CONSISTENT WITH FAA REQUIREMENTS OR9
OTHER APPLICABLE FEDERAL AGENCY REQUIREMENTS , OF THE LIGHT10
MITIGATING TECHNOLOGY AT THE NEW FACILITY .11
(2) T
HE OWNER OR OPERATOR OF A WIND -POWERED ENERGY12
GENERATION FACILITY MAY SEEK AN EXTENSION OF TIME FROM THE13
GOVERNING BODY OF THE LOCAL GOVERNMENT TO COMPLY WITH14
SUBSECTION (1) OF THIS SECTION FOR A PERIOD OF UP TO TWENTY-FOUR
15
MONTHS. THE GOVERNING BODY OF THE LOCAL GOVERNMENT SHALL16
GRANT THE REQUEST IF THE OWNER OR OPERATOR CAN DEMONSTRATE17
THAT, DESPITE THE OWNER'S OR OPERATOR'S EXERCISE OF COMMERCIALLY18
REASONABLE EFFORTS , THE AVAILABILITY OF LIGHT MITIGATING19
TECHNOLOGY CONSTRAINED THE OWNER 'S OR OPERATOR'S ABILITY TO20
COMPLY WITH SUBSECTION (1) OF THIS SECTION IN THE TIME FRAME21
AFFORDED. A BOARD SHALL NOT IMPOSE ANY PENALTIES AGAINST THE22
OWNER OR OPERATOR PURSUANT TO SUBSECTION (3) OF THIS SECTION23
DURING THE EXTENSION PERIOD GRANTED .24
(3) I
F THE BOARD HAS EXERCISED ITS AUTHORITY TO ENACT AN
25
ORDINANCE OR RESOLUTION TO IMPOSE CIVIL PENALTIES PURSUANT TO26
SECTION 30-11-130 AND DETERMINES THAT AN OWNER OR OPERATOR OF27
110
-3- A WIND-POWERED ENERGY GENERATION FACILITY WAS REQUIRED TO , BUT1
FAILED TO, COMPLY WITH THIS SECTION, THE BOARD MAY IMPOSE A CIVIL2
PENALTY ON THE OWNER OR OPERATOR OF THE NEW FACILITY IN THE3
AMOUNT OF ONE THOUSAND DOLLARS PER DAY .4
(4) THIS SECTION DOES NOT APPLY TO WIND-POWERED ENERGY5
GENERATION FACILITIES USED SOLELY FOR PURPOSES OF RESEARCH AND6
TESTING.7
(5) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE8
REQUIRES:9
(a) "A
PPROVAL FROM THE FAA" MEANS FAA APPROVAL TO EQUIP
10
AND OPERATE LIGHT MITIGATING TECHNOLOGY FOR AT LEAST THIRTY11
PERCENT OF THE PROPOSED WIND TURBINES INCLUDED WITHIN A NEW12
WIND-POWERED ENERGY GENERATION FACILITY .13
(b) "B
OARD" MEANS THE BOARD OF COUNTY COMMISSIONERS IN14
THE COUNTY IN WHICH A WIND-POWERED ENERGY GENERATION FACILITY15
IS LOCATED OR WILL BE LOCATED.16
(c) "FAA"
MEANS THE FEDERAL AVIATION ADMINISTRATION IN THE
17
U
NITED STATES DEPARTMENT OF TRANSPORTATION .
18
(d) "L
IGHT MITIGATING TECHNOLOGY " MEANS A SENSOR-BASED
19
SYSTEM THAT:20
(I) I
S DESIGNED TO DETECT APPROACHING AIRCRAFT ;
21
(II) K
EEPS THE LIGHTS OFF WHEN IT IS SAFE TO DO SO; AND
22
(III) T
HE FAA HAS APPROVED AS MEETING THE REQUIREMENTS
23
SET FORTH IN CHAPTER 10 OF THE FAA'S 2020 ADVISORY CIRCULAR AC24
70/7460-1M,
"OBSTRUCTION MARKING AND LIGHTING".
25
(e) "LOCAL GOVERNMENT" MEANS A COUNTY OR A HOME RULE OR26
STATUTORY CITY, TOWN, TERRITORIAL CHARTER CITY , OR CITY AND27
110
-4- COUNTY.1
(f) "WIND-POWERED ENERGY GENERATION FACILITY " OR2
"
FACILITY" MEANS A FACILITY USED IN THE GENERATION OF ELECTRICITY3
BY MEANS OF TURBINES OR OTHER DEVICES THAT CAPTURE AND EMPLOY
4
THE KINETIC ENERGY OF THE WIND.5
SECTION 2. In Colorado Revised Statutes, add 30-11-130 as6
follows:7
30-11-130. Equipping wind-powered energy generation8
facilities with light mitigating technology - enforcement - definitions.9
(1) A
BOARD MAY ADOPT AND ENFORCE AN ORDINANCE OR RESOLUTION10
AUTHORIZING THE BOARD TO IMPOSE A CIVIL PENALTY ON THE OWNER OR11
OPERATOR OF A NEW
WIND-POWERED ENERGY GENERATION FACILITY IN12
THE AMOUNT OF ONE THOUSAND DOLLARS PER DAY IF THE BOARD13
DETERMINES THAT THE OWNER OR OPERATOR OF THE FACILITY WAS14
REQUIRED TO, BUT FAILED TO, COMPLY WITH SECTION 38-30.7-106.15
(2) O
NE OR MORE CONTIGUOUS COUNTIES AND ANY MUNICIPALITY16
WITHIN EACH COUNTY MAY ENTER INTO AN INTERGOVERNMENTAL17
AGREEMENT TO EXTEND THE APPLICABILITY OF ANY ORDINANCE OR18
RESOLUTION ADOPTED UNDER THIS SECTION TO AND THROUGHOUT A19
PARTICIPATING COUNTY OR MUNICIPALITY .20
(3) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE21
REQUIRES:22
(a) "B
OARD" MEANS THE BOARD OF COUNTY COMMISSIONERS IN23
THE COUNTY IN WHICH A WIND-POWERED ENERGY GENERATION FACILITY24
IS LOCATED OR WILL BE LOCATED.25
(b) "W
IND-POWERED ENERGY GENERATION FACILITY " OR26
"
FACILITY" MEANS
A FACILITY, WITH A NAMEPLATE CAPACITY OF ONE27
110
-5- MEGAWATT OR GREATER, USED IN THE GENERATION OF ELECTRICITY BY1
MEANS OF TURBINES OR OTHER DEVICES THAT CAPTURE AND EMPLOY THE2
KINETIC ENERGY OF THE WIND.3
SECTION 3. Act subject to petition - effective date. This act4
takes effect at 12:01 a.m. on the day following the expiration of the5
ninety-day period after final adjournment of the general assembly; except6
that, if a referendum petition is filed pursuant to section 1 (3) of article V7
of the state constitution against this act or an item, section, or part of this8
act within such period, then the act, item, section, or part will not take9
effect unless approved by the people at the general election to be held in10
November 2022 and, in such case, will take effect on the date of the11
official declaration of the vote thereon by the governor.12
110
-6-