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Colorado Senate Bill SB110

Colorado 2022 Regular Session

Colorado Senate Bill SB110 Compare Versions

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1+Second Regular Session
2+Seventy-third General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 22-0700.01 Jennifer Berman x3286
18 SENATE BILL 22-110
2-BY SENATOR(S) Sonnenberg and Kolker, Bridges, Coleman, Cooke,
3-Donovan, Fields, Ginal, Hansen, Hisey, Holbert, Jaquez Lewis, Kirkmeyer,
4-Liston, Lundeen, Moreno, Rankin, Scott, Simpson, Smallwood, Woodward,
5-Fenberg;
6-also REPRESENTATIVE(S) Pelton, Bernett, Catlin, Hooton, Jodeh,
7-Lindsay, Lontine, Lynch, Michaelson Jenet, Pico, Snyder, Soper, Will, Bird,
8-Exum, McCormick, McKean, Ortiz, Titone, Valdez D., Woodrow.
9+Senate Committees House Committees
10+State, Veterans, & Military Affairs Energy & Environment
11+A BILL FOR AN ACT
912 C
10-ONCERNING A REQUIREMENT THAT A WIND -POWERED ENERGY GENERATION
11-FACILITY BE EQUIPPED WITH LIGHT MITIGATING TECHNOLOGY
12-.
13-
14-Be it enacted by the General Assembly of the State of Colorado:
15-SECTION 1. In Colorado Revised Statutes, add 38-30.7-106 as
16-follows:
17-38-30.7-106. Wind-powered energy generation facilities
18-inclusion of light mitigating technology - requirement - enforcement -
19-definitions. (1) (a) S
20-UBJECT TO SUBSECTION (1)(b) OF THIS SECTION AND
21-SUBJECT TO APPROVAL FROM THE
22-FAA FOR THE INSTALLATION OF APPROVED
23-LIGHT MITIGATING TECHNOLOGY
24-, FOR ANY NEW WIND-POWERED ENERGY
25-GENERATION FACILITY THAT IS SUBJECT TO LOCAL GOVERNMENT LAND
26--USE
27-NOTE: This bill has been prepared for the signatures of the appropriate legislative
28-officers and the Governor. To determine whether the Governor has signed the bill
29-or taken other action on it, please consult the legislative status sheet, the legislative
30-history, or the Session Laws.
31-________
32-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
33-through words or numbers indicate deletions from existing law and such material is not part of
34-the act. PERMITTING REQUIREMENTS PURSUANT TO SECTION 29-20-108 OR IS OWNED
35-BY AN INDEPENDENT POWER PRODUCER
36-, AND FOR WHICH THE OWNER OR
37-OPERATOR OF THE NEW FACILITY BEGINS VERTICAL CONSTRUCTION OF THE
38-FIRST WIND TURBINE INCLUDED WITHIN THE FACILITY ON OR AFTER
39-APRIL 1,
40-2022,
41- THE OWNER OR OPERATOR SHALL INSTALL LIGHT MITIGATING
42-TECHNOLOGY AT THE NEW FACILITY
43-.
13+ONCERNING A REQUIREMENT THAT A WIND -POWERED ENERGY101
14+GENERATION FACILITY BE EQUI PPED WITH LIGHT MITIGATING
15+102
16+TECHNOLOGY.103
17+Bill Summary
18+(Note: This summary applies to this bill as introduced and does
19+not reflect any amendments that may be subsequently adopted. If this bill
20+passes third reading in the house of introduction, a bill summary that
21+applies to the reengrossed version of this bill will be available at
22+http://leg.colorado.gov
23+.)
24+The bill requires that, on or before September 1, 2024, an owner
25+or operator of a wind-powered energy generation facility (facility) that is
26+required to obtain a land-use permit from a local government equip the
27+facility with an aircraft detection lighting system (system). The bill
28+defines a system as a sensor-based system that is designed to detect
29+HOUSE
30+3rd Reading Unamended
31+April 26, 2022
32+HOUSE
33+Amended 2nd Reading
34+April 22, 2022
35+SENATE
36+3rd Reading Unamended
37+March 25, 2022
38+SENATE
39+Amended 2nd Reading
40+March 24, 2022
41+SENATE SPONSORSHIP
42+Sonnenberg and Kolker, Bridges, Coleman, Cooke, Donovan, Fenberg, Fields, Ginal,
43+Hansen, Hisey, Holbert, Jaquez Lewis, Kirkmeyer, Liston, Lundeen, Moreno, Rankin, Scott,
44+Simpson, Smallwood, Woodward
45+HOUSE SPONSORSHIP
46+Pelton, Bernett, Catlin, Hooton, Jodeh, Lindsay, Lontine, Lynch, Michaelson Jenet, Pico,
47+Snyder, Soper, Will
48+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
49+Capital letters or bold & italic numbers indicate new material to be added to existing statute.
50+Dashes through the words indicate deletions from existing statute. approaching aircraft and that meets federal aviation administration
51+requirements. An owner or operator of a facility is solely responsible for
52+the costs of installing, operating, or maintaining a system and may request
53+from the governing body of the local government an extension of time up
54+to one year to equip a facility with a system. A local government may
55+revoke an existing land-use permit or, if an application for permit renewal
56+is pending, refuse to renew a land-use permit if a facility owner or
57+operator fails to comply with the bill. The board of county commissioners
58+in the county in which a facility is located may adopt and enforce an
59+ordinance or resolution to authorize the board to impose civil penalties
60+against a facility owner or operator if the board determines that the owner
61+or operator has failed to comply with the bill.
62+Be it enacted by the General Assembly of the State of Colorado:1
63+SECTION 1. In Colorado Revised Statutes, add 38-30.7-106 as2
64+follows:3
65+38-30.7-106. Wind-powered energy generation facilities4
66+inclusion of light mitigating technology - requirement - enforcement
67+5
68+- definitions. (1) (a) S
69+UBJECT TO SUBSECTION (1)(b) OF THIS SECTION
70+6
71+AND SUBJECT TO APPROVAL FROM THE FAA FOR THE INSTALLATION OF7
72+APPROVED LIGHT MITIGATING TECHNOLOGY , FOR ANY NEW8
73+WIND-POWERED ENERGY GENERATION FACILITY THAT IS SUBJECT TO9
74+LOCAL GOVERNMENT LAND -USE PERMITTING REQUIREMENTS PURSUANT10
75+TO SECTION 29-20-108 OR IS OWNED BY AN INDEPENDENT POWER11
76+PRODUCER, AND FOR WHICH THE OWNER OR OPERATOR OF THE NEW12
77+FACILITY BEGINS VERTICAL CONSTRUCTION OF THE FIRST WIND TURBINE13
78+INCLUDED WITHIN THE FACILITY ON OR AFTER APRIL 1, 2022, THE OWNER14
79+OR OPERATOR SHALL INSTALL LIGHT MITIGATING TECHNOLOGY AT THE15
80+NEW FACILITY.16
4481 (b) T
45-HE OWNER OR OPERATOR OF A NEW WIND -POWERED ENERGY
46-GENERATION FACILITY SUBJECT TO SUBSECTION
47- (1)(a) OF THIS SECTION,
48-WITHIN SIX MONTHS AFTER THE FACILITY RECEIVES A DETERMINATION OF NO
49-HAZARD FROM THE
50-FAA, SHALL:
82+HE OWNER OR OPERATOR OF A NEW
83+ WIND-POWERED ENERGY17
84+GENERATION FACILITY SUBJECT TO SUBSECTION (1)(a) OF THIS SECTION,18
85+WITHIN SIX MONTHS AFTER THE FACILITY RECEIVES A DETERMINATION OF19
86+110-2- NO HAZARD FROM THE FAA, SHALL:1
5187 (I) A
52-PPLY TO THE FAA, ANY OTHER APPLICABLE FEDERAL AGENCY ,
53-OR BOTH, FOR THE INSTALLATION OF APPROVED LIGHT MITIGATING
54-TECHNOLOGY
55-; AND
56-(II) WITHIN TWENTY-FOUR MONTHS AFTER RECEIVING APPROVAL
57-FROM THE
58-FAA IN ACCORDANCE WITH SUBSECTION (1)(b)(I) OF THIS
59-SECTION
60-, AND SUBJECT TO THE AVAILABILITY OF LIGHT MITIGATING
61-TECHNOLOGY FROM THE MANUFACTURER OR SUPPLIER
62-, INSTALL, TEST, AND
63-COMMENCE OPERATION
64-, CONSISTENT WITH FAA REQUIREMENTS OR OTHER
65-APPLICABLE FEDERAL AGENCY REQUIREMENTS
66-, OF THE LIGHT MITIGATING
67-TECHNOLOGY AT THE NEW FACILITY
68-.
88+PPLY TO THE FAA, ANY OTHER APPLICABLE FEDERAL
89+2
90+AGENCY, OR BOTH, FOR THE INSTALLATION OF APPROVED LIGHT3
91+MITIGATING TECHNOLOGY ; AND4
92+(II) W
93+ITHIN TWENTY-FOUR MONTHS AFTER RECEIVING APPROVAL
94+5
95+FROM THE FAA IN ACCORDANCE WITH SUBSECTION (1)(b)(I) OF THIS6
96+SECTION, AND SUBJECT TO THE AVAILABILITY OF LIGHT MITIGATING7
97+TECHNOLOGY FROM THE MANUFACTURER OR SUPPLIER , INSTALL, TEST,8
98+AND COMMENCE OPERATION , CONSISTENT WITH FAA REQUIREMENTS OR9
99+OTHER APPLICABLE FEDERAL AGENCY REQUIREMENTS , OF THE LIGHT10
100+MITIGATING TECHNOLOGY AT THE NEW FACILITY .11
69101 (2) T
70-HE OWNER OR OPERATOR OF A WIND -POWERED ENERGY
71-GENERATION FACILITY MAY SEEK AN EXTENSION OF TIME FROM THE
72-GOVERNING BODY OF THE LOCAL GOVERNMENT TO COMPLY WITH
73-SUBSECTION
74-(1) OF THIS SECTION FOR A PERIOD OF UP TO TWENTY -FOUR
75-MONTHS
76-. THE GOVERNING BODY OF THE LOCAL GOVERNMENT SHALL GRANT
77-THE REQUEST IF THE OWNER OR OPERATOR CAN DEMONSTRATE THAT
78-,
79-DESPITE THE OWNER 'S OR OPERATOR'S EXERCISE OF COMMERCIALLY
80-REASONABLE EFFORTS
81-, THE AVAILABILITY OF LIGHT MITIGATING
82-TECHNOLOGY CONSTRAINED THE OWNER
83-'S OR OPERATOR'S ABILITY TO
84-COMPLY WITH SUBSECTION
85-(1) OF THIS SECTION IN THE TIME FRAME
86-AFFORDED
87-. A BOARD SHALL NOT IMPOSE ANY PENALTIES AGAINST THE
88-OWNER OR OPERATOR PURSUANT TO SUBSECTION
89-(3) OF THIS SECTION
90-DURING THE EXTENSION PERIOD GRANTED
91-.
102+HE OWNER OR OPERATOR OF A WIND -POWERED ENERGY12
103+GENERATION FACILITY MAY SEEK AN EXTENSION OF TIME FROM THE13
104+GOVERNING BODY OF THE LOCAL GOVERNMENT TO COMPLY WITH14
105+SUBSECTION (1) OF THIS SECTION FOR A PERIOD OF UP TO TWENTY-FOUR
106+15
107+MONTHS. THE GOVERNING BODY OF THE LOCAL GOVERNMENT SHALL16
108+GRANT THE REQUEST IF THE OWNER OR OPERATOR CAN DEMONSTRATE17
109+THAT, DESPITE THE OWNER'S OR OPERATOR'S EXERCISE OF COMMERCIALLY18
110+REASONABLE EFFORTS , THE AVAILABILITY OF LIGHT MITIGATING19
111+TECHNOLOGY CONSTRAINED THE OWNER 'S OR OPERATOR'S ABILITY TO20
112+COMPLY WITH SUBSECTION (1) OF THIS SECTION IN THE TIME FRAME21
113+AFFORDED. A BOARD SHALL NOT IMPOSE ANY PENALTIES AGAINST THE22
114+OWNER OR OPERATOR PURSUANT TO SUBSECTION (3) OF THIS SECTION23
115+DURING THE EXTENSION PERIOD GRANTED .24
92116 (3) I
93117 F THE BOARD HAS EXERCISED ITS AUTHORITY TO ENACT AN
94-ORDINANCE OR RESOLUTION TO IMPOSE CIVIL PENALTIES PURSUANT TO
95-PAGE 2-SENATE BILL 22-110 SECTION 30-11-130 AND DETERMINES THAT AN OWNER OR OPERATOR OF A
96-WIND
97--POWERED ENERGY GENERATION FACILITY WAS REQUIRED TO , BUT
98-FAILED TO
99-, COMPLY WITH THIS SECTION, THE BOARD MAY IMPOSE A CIVIL
100-PENALTY ON THE OWNER OR OPERATOR OF THE NEW FACILITY IN THE
101-AMOUNT OF ONE THOUSAND DOLLARS PER DAY
102-.
103-(4) T
104-HIS SECTION DOES NOT APPLY TO WIND -POWERED ENERGY
105-GENERATION FACILITIES USED SOLELY FOR PURPOSES OF RESEARCH AND
106-TESTING
107-.
108-(5) A
109-S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
110-REQUIRES
111-:
118+25
119+ORDINANCE OR RESOLUTION TO IMPOSE CIVIL PENALTIES PURSUANT TO26
120+SECTION 30-11-130 AND DETERMINES THAT AN OWNER OR OPERATOR OF27
121+110
122+-3- A WIND-POWERED ENERGY GENERATION FACILITY WAS REQUIRED TO , BUT1
123+FAILED TO, COMPLY WITH THIS SECTION, THE BOARD MAY IMPOSE A CIVIL2
124+PENALTY ON THE OWNER OR OPERATOR OF THE NEW FACILITY IN THE3
125+AMOUNT OF ONE THOUSAND DOLLARS PER DAY .4
126+(4) THIS SECTION DOES NOT APPLY TO WIND-POWERED ENERGY5
127+GENERATION FACILITIES USED SOLELY FOR PURPOSES OF RESEARCH AND6
128+TESTING.7
129+(5) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE8
130+REQUIRES:9
112131 (a) "A
113132 PPROVAL FROM THE FAA" MEANS FAA APPROVAL TO EQUIP
114-AND OPERATE LIGHT MITIGATING TEC HNOLOGY FOR AT LEAST THIRTY
115-PERCENT OF THE PROPOSED WIND TURBINES INCLUDED WITHIN A NEW
116-WIND
117--POWERED ENERGY GENERATION FACILITY .
133+10
134+AND OPERATE LIGHT MITIGATING TECHNOLOGY FOR AT LEAST THIRTY11
135+PERCENT OF THE PROPOSED WIND TURBINES INCLUDED WITHIN A NEW12
136+WIND-POWERED ENERGY GENERATION FACILITY .13
118137 (b) "B
119-OARD" MEANS THE BOARD OF COUNTY COMMISSIONERS IN THE
120-COUNTY IN WHICH A WIND
121--POWERED ENERGY GENERATION FACILITY IS
122-LOCATED OR WILL BE LOCATED
123-.
138+OARD" MEANS THE BOARD OF COUNTY COMMISSIONERS IN14
139+THE COUNTY IN WHICH A WIND-POWERED ENERGY GENERATION FACILITY15
140+IS LOCATED OR WILL BE LOCATED.16
124141 (c) "FAA"
125142 MEANS THE FEDERAL AVIATION ADMINISTRATION IN THE
126-UNITED STATES DEPARTMENT OF TRANSPORTATION .
143+17
144+U
145+NITED STATES DEPARTMENT OF TRANSPORTATION .
146+18
127147 (d) "L
128148 IGHT MITIGATING TECHNOLOGY " MEANS A SENSOR-BASED
129-SYSTEM THAT
130-:
149+19
150+SYSTEM THAT:20
131151 (I) I
132152 S DESIGNED TO DETECT APPROACHING AIRCRAFT ;
153+21
133154 (II) K
134155 EEPS THE LIGHTS OFF WHEN IT IS SAFE TO DO SO; AND
135-(III) THE FAA HAS APPROVED AS MEETING THE REQUIREMENTS SET
136-FORTH IN CHAPTER
137-10 OF THE FAA'S 2020 ADVISORY CIRCULAR AC
156+22
157+(III) T
158+HE FAA HAS APPROVED AS MEETING THE REQUIREMENTS
159+23
160+SET FORTH IN CHAPTER 10 OF THE FAA'S 2020 ADVISORY CIRCULAR AC24
138161 70/7460-1M,
139162 "OBSTRUCTION MARKING AND LIGHTING".
140-(e) "L
141-OCAL GOVERNMENT" MEANS A COUNTY OR A HOME RULE OR
142-STATUTORY CITY
143-, TOWN, TERRITORIAL CHARTER CITY, OR CITY AND COUNTY.
144-(f) "W
145-IND-POWERED ENERGY GENERATION FACILITY " OR "FACILITY"
146-PAGE 3-SENATE BILL 22-110 MEANS A FACILITY USED IN THE GENERATION OF ELECTRICITY BY MEANS OF
147-TURBINES OR OTHER DEVICES THAT CAPTURE AND EMPLOY THE KINETIC
148-ENERGY OF THE WIND
149-.
150-SECTION 2. In Colorado Revised Statutes, add 30-11-130 as
151-follows:
152-30-11-130. Equipping wind-powered energy generation facilities
153-with light mitigating technology - enforcement - definitions. (1) A
154-BOARD MAY ADOPT AND ENFORCE AN ORDINANCE OR RESOLUTION
155-AUTHORIZING THE BOARD TO IMPOSE A CIVIL PENALTY ON THE OWNER OR
156-OPERATOR OF A NEW WIND
157--POWERED ENERGY GENERATION FACILITY IN THE
158-AMOUNT OF ONE THOUSAND DOLLARS PE R DAY IF THE BOARD DETERMINES
159-THAT THE OWNER OR OPERATOR OF THE FACILITY WAS REQUIRED TO
160-, BUT
161-FAILED TO
162-, COMPLY WITH SECTION 38-30.7-106.
163+25
164+(e) "LOCAL GOVERNMENT" MEANS A COUNTY OR A HOME RULE OR26
165+STATUTORY CITY, TOWN, TERRITORIAL CHARTER CITY , OR CITY AND27
166+110
167+-4- COUNTY.1
168+(f) "WIND-POWERED ENERGY GENERATION FACILITY " OR2
169+"
170+FACILITY" MEANS A FACILITY USED IN THE GENERATION OF ELECTRICITY3
171+BY MEANS OF TURBINES OR OTHER DEVICES THAT CAPTURE AND EMPLOY
172+4
173+THE KINETIC ENERGY OF THE WIND.5
174+SECTION 2. In Colorado Revised Statutes, add 30-11-130 as6
175+follows:7
176+30-11-130. Equipping wind-powered energy generation8
177+facilities with light mitigating technology - enforcement - definitions.9
178+(1) A
179+ BOARD MAY ADOPT AND ENFORCE AN ORDINANCE OR RESOLUTION10
180+AUTHORIZING THE BOARD TO IMPOSE A CIVIL PENALTY ON THE OWNER OR11
181+OPERATOR OF A NEW
182+ WIND-POWERED ENERGY GENERATION FACILITY IN12
183+THE AMOUNT OF ONE THOUSAND DOLLARS PER DAY IF THE BOARD13
184+DETERMINES THAT THE OWNER OR OPERATOR OF THE FACILITY WAS14
185+REQUIRED TO, BUT FAILED TO, COMPLY WITH SECTION 38-30.7-106.15
163186 (2) O
164-NE OR MORE CONTIGUOUS COUNTIES AND ANY MUNICIPALITY
165-WITHIN EACH COUNTY MAY ENTER INTO AN INTERGOVERNMENTAL
166-AGREEMENT TO EXTEND THE APPLICABILITY OF ANY ORDINANCE OR
167-RESOLUTION ADOPTED UNDER THIS SECTION TO AND THROU GHOUT A
168-PARTICIPATING COUNTY OR MUNICIPALITY
169-.
187+NE OR MORE CONTIGUOUS COUNTIES AND ANY MUNICIPALITY16
188+WITHIN EACH COUNTY MAY ENTER INTO AN INTERGOVERNMENTAL17
189+AGREEMENT TO EXTEND THE APPLICABILITY OF ANY ORDINANCE OR18
190+RESOLUTION ADOPTED UNDER THIS SECTION TO AND THROUGHOUT A19
191+PARTICIPATING COUNTY OR MUNICIPALITY .20
170192 (3) A
171-S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
172-REQUIRES
173-:
193+S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE21
194+REQUIRES:22
174195 (a) "B
175-OARD" MEANS THE BOARD OF COUNTY COMMISSIONERS IN THE
176-COUNTY IN WHICH A WIND
177--POWERED ENERGY GENERATION FACILITY IS
178-LOCATED OR WILL BE LOCATED
179-.
196+OARD" MEANS THE BOARD OF COUNTY COMMISSIONERS IN23
197+THE COUNTY IN WHICH A WIND-POWERED ENERGY GENERATION FACILITY24
198+IS LOCATED OR WILL BE LOCATED.25
180199 (b) "W
181-IND-POWERED ENERGY GENERATION FACILITY " OR "FACILITY"
182-MEANS A FACILITY, WITH A NAMEPLATE CAPACITY OF FIFTY KILOWATTS OR
183-GREATER
184-, USED IN THE GENERATION OF ELECTRICITY BY MEANS OF TURBINES
185-OR OTHER DEVICES THAT CAPTURE AND EMPLOY THE KINETIC ENERGY OF
186-THE WIND
187-.
188-SECTION 3. Act subject to petition - effective date. This act
189-takes effect at 12:01 a.m. on the day following the expiration of the
190-ninety-day period after final adjournment of the general assembly; except
191-that, if a referendum petition is filed pursuant to section 1 (3) of article V
192-of the state constitution against this act or an item, section, or part of this act
193-PAGE 4-SENATE BILL 22-110 within such period, then the act, item, section, or part will not take effect
194-unless approved by the people at the general election to be held in
195-November 2022 and, in such case, will take effect on the date of the official
196-declaration of the vote thereon by the governor.
197-____________________________ ____________________________
198-Steve Fenberg Alec Garnett
199-PRESIDENT OF SPEAKER OF THE HOUSE
200-THE SENATE OF REPRESENTATIVES
201-____________________________ ____________________________
202-Cindi L. Markwell Robin Jones
203-SECRETARY OF CHIEF CLERK OF THE HOUSE
204-THE SENATE OF REPRESENTATIVES
205- APPROVED________________________________________
206- (Date and Time)
207- _________________________________________
208- Jared S. Polis
209- GOVERNOR OF THE STATE OF COLORADO
210-PAGE 5-SENATE BILL 22-110
200+IND-POWERED ENERGY GENERATION FACILITY " OR26
201+"
202+FACILITY" MEANS
203+A FACILITY, WITH A NAMEPLATE CAPACITY OF ONE27
204+110
205+-5- MEGAWATT OR GREATER, USED IN THE GENERATION OF ELECTRICITY BY1
206+MEANS OF TURBINES OR OTHER DEVICES THAT CAPTURE AND EMPLOY THE2
207+KINETIC ENERGY OF THE WIND.3
208+SECTION 3. Act subject to petition - effective date. This act4
209+takes effect at 12:01 a.m. on the day following the expiration of the5
210+ninety-day period after final adjournment of the general assembly; except6
211+that, if a referendum petition is filed pursuant to section 1 (3) of article V7
212+of the state constitution against this act or an item, section, or part of this8
213+act within such period, then the act, item, section, or part will not take9
214+effect unless approved by the people at the general election to be held in10
215+November 2022 and, in such case, will take effect on the date of the11
216+official declaration of the vote thereon by the governor.12
217+110
218+-6-