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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
HOUSE AMENDMENTS TO
HOUSE BILL 2375
By COMMITTEE ON CLIMATE, ENERGY, AND ENVIRONMENT
April 4
On page 1 of the printed bill, delete lines 4 through 29 and delete pages 2 and 3 and insert:
“SECTION 1.(1) As used in this section:
“(a) ‘Hub height’ means the distance from the ground to the middle of a wind-powered
turbine’srotor.
“(b) ‘Light-mitigating technology system’ means a system approved by the Federal Avi-
ation Administration that is capable of reducing the impact of obstruction lighting while
maintaining conspicuity sufficient to assist aircraft in identifying and avoiding collision with
a structure or facility.
“(c) ‘Maintenance’ means activities to keep a wind energy facility in an efficient operat-
ing condition and that do not add to the value or extend the expected economic life or in-
crease the nameplate capacity or energy output of the facility.
“(d) ‘Person’ means a developer, owner or operator.
“(e) ‘Repower’ means to replace all or substantially all of a wind energy facility for the
purpose of extending the life of the facility, and the replacement is not part of routine
maintenance.
“(f) ‘Wind energy facility’ means an electric power generating facility that is made up
of five or more wind-powered turbines and one or more of the wind-powered turbines:
“(A) Are required under Federal Aviation Administration regulations to have obstruction
lights; or
“(B) Have an obstruction light and a hub height that is 75 or more feet above the ground
level.
“(2) A wind energy facility may not commence operations or, following repowering, re-
commence operations unless the person developing or repowering the wind energy facility
meets the requirements in subsection (3) of this section.
“(3)(a) A person developing or repowering a wind energy facility who receives from the
Federal Aviation Administration a determination of no hazard to air navigation with regard
to the wind energy facility shall apply to the administration and, if applicable, the Federal
Communications Commission, for approval for the installation and use of light-mitigating
technology systems for the wind energy facility’s wind-powered turbines.
“(b) If the administration issues a determination that the installation and use of a
light-mitigation technology system is not a hazard to air navigation and, as applicable, the
commission issues its approval, the person shall install and use light-mitigating technology
systems on approved wind-powered turbines. The person shall install and begin using the
light-mitigating technology systems:
“(A) Within 24 months from the date the administration issues its determination;
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“(B) If applicable, within 24 months from the later of:
“(i) The date the administration issues its determination; or
“(ii) The date the commission issues its approval; or
“(C) As soon as reasonably practicable after the date specified in subparagraph (A) or (B)
of this paragraph if installation is delayed due to reasons outside of the person’s control.
“(c) A person is not required to install or use a light-mitigating technology system on a
wind-powered turbine if:
“(A) The administration issues a determination that the installation or use of the light-
mitigation technology system is a hazard to air navigation;
“(B) The administration does not issue a determination within 12 months from the date
the person submits the application to the administration;
“(C) If applicable, the commission does not issue its approval for the installation and use
of the light-mitigating technology system; or
“(D) If applicable, the commission does not issue its approval within 12 months from the
date the person submits the application to the commission.
“(4) Nothing in this section shall require a person to carry out light mitigation in a
manner that conflicts with an applicable federal law or regulation.
“SECTION 2. The governing body of a county or city or its designee may not allow or
permit a wind energy facility, as defined in section 1 of this 2025 Act, unless the person
seeking to develop or repower the wind energy facility provides proof that the person is in
compliance with the requirements in section 1 (3)(a) of this 2025 Act.
“SECTION 3.Sections 1 and 2 of this 2025 Act apply to any wind energy facility, as de-
fined in section 1 of this 2025 Act, for which a person applies, on or after January 1, 2028,
to the Federal Aviation Administration for a determination of hazard or no hazard to air
navigation with regard to the wind energy facility.”.
HA to HB 2375 Page 2