Wisconsin Assembly Bill AB1165

Wisconsin 2023-2024 Regular Session

• Introduced: 3/22/24
• Refer: 3/22/24
• Failed: 4/15/24

Caption

The installation of light-mitigating technology systems on certain wind energy systems and high-voltage transmission line towers. (FE)

Impact

Under AB1165, structures that are erected or maintained at heights exceeding specified thresholds will need to secure an operational permit from the Department of Transportation (DOT), contingent upon obtaining FAA approval for the LMTS. This adds a layer of compliance for utility operators and could necessitate significant adjustments in project planning and budgeting for height-concerned constructions. Existing structures erected without the requisite height permits will also have a grace period until 2028 to obtain permits retroactively, thereby facilitating a deadline for compliance and minimizing operational disruptions.

Summary

Assembly Bill 1165 aims to enhance aviation safety by mandating the installation of light-mitigating technology systems (LMTS) on certain utility structures, specifically wind energy systems and high-voltage transmission line towers. This legislative measure is motivated by the need to reduce the visual impact of obstruction lighting on these structures while ensuring their visibility to aircraft, thus minimizing the risk of collisions. The bill defines the criteria under which structures will be subject to heightened regulations concerning their height and lighting installations, as determined by FAA guidelines.

Contention

The introduction of AB1165 may spark debate among stakeholders concerning the extent of regulatory oversight it establishes over local and state construction practices. Proponents of the bill advocate for its intent to bolster safety measures which can benefit public aviation, while detractors may argue it could impose undue burdens on businesses and local authorities tasked with managing construction policies. Notably, there may be concerns regarding the deadlines imposed for compliance and the financial implications these may carry for utility operators who must adapt to new operational guidelines.