SENATE BILL 22-110
BY SENATOR(S) Sonnenberg and Kolker, Bridges, Coleman, Cooke,
Donovan, Fields, Ginal, Hansen, Hisey, Holbert, Jaquez Lewis, Kirkmeyer,
Liston, Lundeen, Moreno, Rankin, Scott, Simpson, Smallwood, Woodward,
Fenberg;
also REPRESENTATIVE(S) Pelton, Bernett, Catlin, Hooton, Jodeh,
Lindsay, Lontine, Lynch, Michaelson Jenet, Pico, Snyder, Soper, Will, Bird,
Exum, McCormick, McKean, Ortiz, Titone, Valdez D., Woodrow.
C
ONCERNING A REQUIREMENT THAT A WIND -POWERED ENERGY GENERATION
FACILITY BE EQUIPPED WITH LIGHT MITIGATING TECHNOLOGY
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 38-30.7-106 as
follows:
38-30.7-106. Wind-powered energy generation facilities
inclusion of light mitigating technology - requirement - enforcement -
definitions. (1) (a) S
UBJECT TO SUBSECTION (1)(b) OF THIS SECTION AND
SUBJECT TO APPROVAL FROM THE
FAA FOR THE INSTALLATION OF APPROVED
LIGHT MITIGATING TECHNOLOGY
, FOR ANY NEW WIND-POWERED ENERGY
GENERATION FACILITY THAT IS SUBJECT TO LOCAL GOVERNMENT LAND
-USE
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. PERMITTING REQUIREMENTS PURSUANT TO SECTION 29-20-108 OR IS OWNED
BY AN INDEPENDENT POWER PRODUCER
, AND FOR WHICH THE OWNER OR
OPERATOR OF THE NEW FACILITY BEGINS VERTICAL CONSTRUCTION OF THE
FIRST WIND TURBINE INCLUDED WITHIN THE FACILITY ON OR AFTER
APRIL 1,
2022,
THE OWNER OR OPERATOR SHALL INSTALL LIGHT MITIGATING
TECHNOLOGY AT THE NEW FACILITY
.
(b) T
HE OWNER OR OPERATOR OF A NEW WIND -POWERED ENERGY
GENERATION FACILITY SUBJECT TO SUBSECTION
(1)(a) OF THIS SECTION,
WITHIN SIX MONTHS AFTER THE FACILITY RECEIVES A DETERMINATION OF NO
HAZARD FROM THE
FAA, SHALL:
(I) A
PPLY TO THE FAA, ANY OTHER APPLICABLE FEDERAL AGENCY ,
OR BOTH, FOR THE INSTALLATION OF APPROVED LIGHT MITIGATING
TECHNOLOGY
; AND
(II) WITHIN TWENTY-FOUR MONTHS AFTER RECEIVING APPROVAL
FROM THE
FAA IN ACCORDANCE WITH SUBSECTION (1)(b)(I) OF THIS
SECTION
, AND SUBJECT TO THE AVAILABILITY OF LIGHT MITIGATING
TECHNOLOGY FROM THE MANUFACTURER OR SUPPLIER
, INSTALL, TEST, AND
COMMENCE OPERATION
, CONSISTENT WITH FAA REQUIREMENTS OR OTHER
APPLICABLE FEDERAL AGENCY REQUIREMENTS
, OF THE LIGHT MITIGATING
TECHNOLOGY AT THE NEW FACILITY
.
(2) T
HE OWNER OR OPERATOR OF A WIND -POWERED ENERGY
GENERATION FACILITY MAY SEEK AN EXTENSION OF TIME FROM THE
GOVERNING BODY OF THE LOCAL GOVERNMENT TO COMPLY WITH
SUBSECTION
(1) OF THIS SECTION FOR A PERIOD OF UP TO TWENTY -FOUR
MONTHS
. THE GOVERNING BODY OF THE LOCAL GOVERNMENT SHALL GRANT
THE REQUEST IF THE OWNER OR OPERATOR CAN DEMONSTRATE THAT
,
DESPITE THE OWNER 'S OR OPERATOR'S EXERCISE OF COMMERCIALLY
REASONABLE EFFORTS
, THE AVAILABILITY OF LIGHT MITIGATING
TECHNOLOGY CONSTRAINED THE OWNER
'S OR OPERATOR'S ABILITY TO
COMPLY WITH SUBSECTION
(1) OF THIS SECTION IN THE TIME FRAME
AFFORDED
. A BOARD SHALL NOT IMPOSE ANY PENALTIES AGAINST THE
OWNER OR OPERATOR PURSUANT TO SUBSECTION
(3) OF THIS SECTION
DURING THE EXTENSION PERIOD GRANTED
.
(3) I
F THE BOARD HAS EXERCISED ITS AUTHORITY TO ENACT AN
ORDINANCE OR RESOLUTION TO IMPOSE CIVIL PENALTIES PURSUANT TO
PAGE 2-SENATE BILL 22-110 SECTION 30-11-130 AND DETERMINES THAT AN OWNER OR OPERATOR OF A
WIND
-POWERED ENERGY GENERATION FACILITY WAS REQUIRED TO , BUT
FAILED TO
, COMPLY WITH THIS SECTION, THE BOARD MAY IMPOSE A CIVIL
PENALTY ON THE OWNER OR OPERATOR OF THE NEW FACILITY IN THE
AMOUNT OF ONE THOUSAND DOLLARS PER DAY
.
(4) T
HIS SECTION DOES NOT APPLY TO WIND -POWERED ENERGY
GENERATION FACILITIES USED SOLELY FOR PURPOSES OF RESEARCH AND
TESTING
.
(5) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "A
PPROVAL FROM THE FAA" MEANS FAA APPROVAL TO EQUIP
AND OPERATE LIGHT MITIGATING TEC HNOLOGY FOR AT LEAST THIRTY
PERCENT OF THE PROPOSED WIND TURBINES INCLUDED WITHIN A NEW
WIND
-POWERED ENERGY GENERATION FACILITY .
(b) "B
OARD" MEANS THE BOARD OF COUNTY COMMISSIONERS IN THE
COUNTY IN WHICH A WIND
-POWERED ENERGY GENERATION FACILITY IS
LOCATED OR WILL BE LOCATED
.
(c) "FAA"
MEANS THE FEDERAL AVIATION ADMINISTRATION IN THE
UNITED STATES DEPARTMENT OF TRANSPORTATION .
(d) "L
IGHT MITIGATING TECHNOLOGY " MEANS A SENSOR-BASED
SYSTEM THAT
:
(I) I
S DESIGNED TO DETECT APPROACHING AIRCRAFT ;
(II) K
EEPS THE LIGHTS OFF WHEN IT IS SAFE TO DO SO; AND
(III) THE FAA HAS APPROVED AS MEETING THE REQUIREMENTS SET
FORTH IN CHAPTER
10 OF THE FAA'S 2020 ADVISORY CIRCULAR AC
70/7460-1M,
"OBSTRUCTION MARKING AND LIGHTING".
(e) "L
OCAL GOVERNMENT" MEANS A COUNTY OR A HOME RULE OR
STATUTORY CITY
, TOWN, TERRITORIAL CHARTER CITY, OR CITY AND COUNTY.
(f) "W
IND-POWERED ENERGY GENERATION FACILITY " OR "FACILITY"
PAGE 3-SENATE BILL 22-110 MEANS A FACILITY USED IN THE GENERATION OF ELECTRICITY BY MEANS OF
TURBINES OR OTHER DEVICES THAT CAPTURE AND EMPLOY THE KINETIC
ENERGY OF THE WIND
.
SECTION 2. In Colorado Revised Statutes, add 30-11-130 as
follows:
30-11-130. Equipping wind-powered energy generation facilities
with light mitigating technology - enforcement - definitions. (1) A
BOARD MAY ADOPT AND ENFORCE AN ORDINANCE OR RESOLUTION
AUTHORIZING THE BOARD TO IMPOSE A CIVIL PENALTY ON THE OWNER OR
OPERATOR OF A NEW WIND
-POWERED ENERGY GENERATION FACILITY IN THE
AMOUNT OF ONE THOUSAND DOLLARS PE R DAY IF THE BOARD DETERMINES
THAT THE OWNER OR OPERATOR OF THE FACILITY WAS REQUIRED TO
, BUT
FAILED TO
, COMPLY WITH SECTION 38-30.7-106.
(2) O
NE OR MORE CONTIGUOUS COUNTIES AND ANY MUNICIPALITY
WITHIN EACH COUNTY MAY ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT TO EXTEND THE APPLICABILITY OF ANY ORDINANCE OR
RESOLUTION ADOPTED UNDER THIS SECTION TO AND THROU GHOUT A
PARTICIPATING COUNTY OR MUNICIPALITY
.
(3) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "B
OARD" MEANS THE BOARD OF COUNTY COMMISSIONERS IN THE
COUNTY IN WHICH A WIND
-POWERED ENERGY GENERATION FACILITY IS
LOCATED OR WILL BE LOCATED
.
(b) "W
IND-POWERED ENERGY GENERATION FACILITY " OR "FACILITY"
MEANS A FACILITY, WITH A NAMEPLATE CAPACITY OF FIFTY KILOWATTS OR
GREATER
, USED IN THE GENERATION OF ELECTRICITY BY MEANS OF TURBINES
OR OTHER DEVICES THAT CAPTURE AND EMPLOY THE KINETIC ENERGY OF
THE WIND
.
SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
PAGE 4-SENATE BILL 22-110 within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
November 2022 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 5-SENATE BILL 22-110