Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1165 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1165
5	5	March 22, 2024 - Introduced by Representatives TRANEL, NOVAK, SCHUTT, ROZAR,
6	6	SCHMIDT and JACOBSON, cosponsored by Senators BALLWEG and COWLES.
7	7	Referred to Committee on Energy and Utilities.
8	8	AN ACT to renumber and amend 114.135 (7); and to create 114.135 (7) (a),
9	9	114.135 (7) (b) 3. and 114.135 (7) (d) of the statutes; relating to: the installation
10	10	of light-mitigating technology systems on certain wind energy systems and
11	11	high-voltage transmission line towers.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill imposes lighting requirements on certain wind energy systems and
14	14	high-voltage transmission line towers. Under the bill, these structures must have
15	15	a light-mitigating technology system (LMTS) installed; an LMTS is triggered by
16	16	aircraft detection or otherwise reduces the impact of lighting necessary to make tall
17	17	structures conspicuous to aircraft to avoid collisions.
18	18	The bill applies to wind energy systems and high-voltage transmission line
19	19	towers that meet the criteria for which construction or alteration would be subject
20	20	to Federal Aviation Administration notice requirements, including a structure that
21	21	is more than 200 feet above ground level (utility structures). Under current law,
22	22	“wind energy system” is defined as equipment and associated facilities that convert
23	23	and then store or transfer energy from the wind into usable forms of energy.
24	24	Current law prohibits the erection of any building, structure, tower, or other
25	25	object that exceeds specified heights without a permit issued by the Department of
26	26	Transportation (height permit). The bill extends this height permit requirement to
27	27	any utility structure. However, DOT may not issue a height permit for a utility
28	28	structure unless the applicant has received FAA approval to install an LMTS on the
29	29	utility structure, and the height permit includes as a condition that the applicant
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36	36	install the LMTS no later than 24 months after issuance of the permit. Current DOT
37	37	rules implementing height permits govern enforcement of height permit
38	38	requirements and conditions, including penalties and possible revocation.
39	39	The bill requires that, beginning on July 1, 2026, with respect to a utility
40	40	structure for which a height permit was not required when erected, the owner must
41	41	apply for a height permit no later than July 1, 2028. Also, under the bill, beginning
42	42	on July 1, 2026, if a height permit was issued for a utility structure before the
43	43	effective date of the bill, DOT must amend the permit to include as a condition that
44	44	the owner, no later than 24 months after the permit is amended, install an LMTS and
45	45	provide documentation that the FAA approved the installation. The bill requires
46	46	DOT to provide notice to the owner no later than 30 days prior to amending the
47	47	permit.
48	48	The bill requires that DOT issue a notice on its website if the FAA notice
49	49	requirements are amended to apply to shorter structures and requires the owner of
50	50	a structure that becomes a utility structure because of this change to apply for a
51	51	height permit within a specified period.
52	52	With respect to an existing utility structure that is a high-voltage transmission
53	53	line tower for which a height permit was not required when erected or for which a
54	54	height permit was issued when erected, if the FAA does not approve the installation
55	55	of an LMTS, the bill requires the owner to provide documentation of this to the
56	56	secretary of transportation. Upon receipt of this documentation, the bill provides
57	57	that the permit may not include the condition that an LMTS be installed on the
58	58	structure. Instead, the bill requires the secretary of transportation to include in the
59	59	permit a condition that the owner install on the utility structure a lighting system
60	60	that minimizes the duration or intensity of the lighting system while maintaining
61	61	full compliance with FAA lighting standards.
62	62	The bill requires that a person be approved by FAA to install an LMTS on a
63	63	utility structure. The bill specifies that a person who is selected to install an LMTS
64	64	on a utility structure as required under the bill must provide notice to DOT and to
65	65	the city, village, or town in which the utility structure is located of the progress of the
66	66	installation. If the installation is delayed beyond the 24-month installation
67	67	requirement, the bill requires the installer to provide an update on the reasons for
68	68	the delay and the current status of the installation to DOT and the city, village, or
69	69	town at least every three months. The bill allows DOT to establish policies and
70	70	procedures to set a uniform schedule for submitting these notices and updates.
71	71	For further information see the state fiscal estimate, which will be printed as
72	72	an appendix to this bill.
73	73	The people of the state of Wisconsin, represented in senate and assembly, do
74	74	enact as follows:
75	75	SECTION 1. 114.135 (7) of the statutes is renumbered 114.135 (7) (b) (intro.) and
76	76	amended to read:
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81	81	SECTION 1
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83	83	114.135 (7) (b) (intro.) For the purposes of sub. (6), the power and authority to
84	84	control the erection of buildings, structures, towers, and other objects by the
85	85	secretary of transportation shall be limited to those objects all of the following:
86	86	1. An object that would either extend to a height of more than 500 feet above
87	87	the ground or surface of the water within one mile of the location of the object, or.
88	88	2. An object that would extend above a height determined by the ratio of one
89	89	foot vertical to 40 feet horizontal measured from the nearest boundary of the nearest
90	90	public airport or spaceport within the state; however, this.
91	91	(c) The power and authority under par. (b) shall not extend to objects of less
92	92	than 150 feet in height above the ground or water level at the location of the object
93	93	or to objects located within areas zoned under s. 114.136 or to objects located within
94	94	areas zoned under s. 62.23 (7) where the zoning ordinance enacted under said
95	95	subsection controls the height of structures.
96	96	SECTION 2. 114.135 (7) (a) of the statutes is created to read:
97	97	114.135 (7) (a) In this subsection:
98	98	1. “High-voltage transmission line tower” means a tower used to support a
99	99	high-voltage transmission line, as defined in s. 196.491 (1) (f).
100	100	2. “Light-mitigating technology system” means aircraft detection lighting or
101	101	any other comparable system capable of reducing the impact of obstruction lighting
102	102	while maintaining conspicuity sufficient to assist aircraft in identifying and avoiding
103	103	collision with a structure.
104	104	3. “Utility structure” means a high-voltage transmission line tower or a wind
105	105	energy system that meets the criteria that would require submittal of a notice to the
106	106	federal aviation administration under 14 CFR 77.9.
107	107	4. “Wind energy system” has the meaning given in s. 66.0403 (1) (m).
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134	134	SECTION 3 ASSEMBLY BILL 1165
135	135	SECTION 3. 114.135 (7) (b) 3. of the statutes is created to read:
136	136	114.135 (7) (b) 3. A utility structure.
137	137	SECTION 4. 114.135 (7) (d) of the statutes is created to read:
138	138	114.135 (7) (d) 1. Except as provided in subd. 3m., the secretary may not issue
139	139	a permit under sub. (6) for a utility structure under par. (b) 3. unless the applicant
140	140	has received federal aviation administration approval to install a light-mitigating
141	141	technology system on the utility structure, and the permit under sub. (6) includes as
142	142	a condition that the applicant install the light-mitigating technology system no later
143	143	than 24 months after issuance of the permit.
144	144	2. Beginning on July 1, 2026, all of the following apply to an owner of a utility
145	145	structure that was erected before the effective date of this subdivision .... [LRB
146	146	inserts date]:
147	147	a. Except as provided in subd. 3m., a utility structure for which no permit under
148	148	sub. (6) was previously required, the owner shall apply for a permit from the
149	149	secretary no later than July 1, 2028, and issuance of the permit is subject to subd.
150	150	1.
151	151	b. Except as provided in subd. 3m., for a utility structure for which a permit
152	152	under sub. (6) was previously issued, the secretary shall amend the permit to include
153	153	the condition under subd. 1. and to require that the owner, no later than 24 months
154	154	after the permit is amended, provide documentation to the secretary that the owner
155	155	has received federal aviation administration approval to install the light-mitigating
156	156	technology system on the utility structure. The secretary shall provide notice to the
157	157	owner of this amendment no later than 30 days prior to amending the permit.
158	158	3. If the regulation under 14 CFR 77.9 is amended to lower the height at which
159	159	the notice to the federal aviation administration is required, the department shall
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187	187	SECTION 4
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189	189	post notice of this change on its website. The owner of a structure that becomes a
190	190	utility structure because of this change shall apply for a permit under sub. (6) from
191	191	the secretary no later than the first day of the 24th month beginning after the
192	192	department provides notice of this change, and, except as provided in subd. 3m.,
193	193	issuance of the permit is subject to subd. 1.
194	194	3m. If a utility structure under subd. 2. a. or b. or 3. is a high-voltage
195	195	transmission line tower and the federal aviation administration denies the owner's
196	196	request to install a light-mitigating technology system, the owner shall provide
197	197	documentation of this denial to the secretary. Upon receipt of this documentation,
198	198	one of the following applies:
199	199	a. For a utility structure under subd. 2. a. or 3., the secretary may not include
200	200	in the permit under sub. (6) the condition under subd. 1. that the applicant install
201	201	the light-mitigating technology system. Instead, the secretary shall include in the
202	202	permit a condition that the owner install on the utility structure, no later than 24
203	203	months after the permit is issued, a lighting system that minimizes the duration or
204	204	intensity of the lighting system while maintaining full compliance with the lighting
205	205	standards established in chapter 13 of the federal aviation administration's Advisory
206	206	Circular 70/760-1, Obstruction Marking and Lighting, as updated.
207	207	b. For a utility structure under subd. 2. b., the secretary shall amend the permit
208	208	issued under sub. (6) for the utility structure to remove the condition under subd. 1.
209	209	and replace it with a condition that the owner install on the utility structure, no later
210	210	than 24 months after the permit is amended under this subd. 3m. b. a lighting system
211	211	that minimizes the duration or intensity of the lighting system while maintaining
212	212	full compliance with the lighting standards established in chapter 13 of the federal
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238	238	SECTION 4 ASSEMBLY BILL 1165
239	239	aviation administration's Advisory Circular 70/760-1, Obstruction Marking and
240	240	Lighting, as updated.
241	241	4. No person may install a light-mitigating technology system on a utility
242	242	structure unless the person is approved by the federal aviation administration to
243	243	perform that installation. A person who is selected to install a light-mitigating
244	244	technology system on a utility structure required under subd. 1. or 2. shall provide
245	245	notice to the department and to the city, village, or town in which the utility structure
246	246	is located, in the form and manner prescribed by the department, of the progress of
247	247	the installation. If the installation is delayed beyond the 24-month installation
248	248	requirement under subd. 1. or 2. b., the installer shall provide an update to the
249	249	department and to the city, village, or town in which the utility structure is located
250	250	on the reasons for the delay and the current status of the installation to the
251	251	department not less than once every 3 months. The department may establish
252	252	policies and procedures to set a uniform schedule for submitting notice and updates
253	253	pursuant to this subdivision.
254	254	(END)
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