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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1165
March 22, 2024 - Introduced by Representatives TRANEL, NOVAK, SCHUTT, ROZAR,
SCHMIDT and JACOBSON, cosponsored by Senators BALLWEG and COWLES.
Referred to Committee on Energy and Utilities.
AN ACT to renumber and amend 114.135 (7); and to create 114.135 (7) (a),
114.135 (7) (b) 3. and 114.135 (7) (d) of the statutes; relating to: the installation
of light-mitigating technology systems on certain wind energy systems and
high-voltage transmission line towers.
Analysis by the Legislative Reference Bureau
This bill imposes lighting requirements on certain wind energy systems and
high-voltage transmission line towers. Under the bill, these structures must have
a light-mitigating technology system (LMTS) installed; an LMTS is triggered by
aircraft detection or otherwise reduces the impact of lighting necessary to make tall
structures conspicuous to aircraft to avoid collisions.
The bill applies to wind energy systems and high-voltage transmission line
towers that meet the criteria for which construction or alteration would be subject
to Federal Aviation Administration notice requirements, including a structure that
is more than 200 feet above ground level (utility structures). Under current law,
“wind energy system” is defined as equipment and associated facilities that convert
and then store or transfer energy from the wind into usable forms of energy.
Current law prohibits the erection of any building, structure, tower, or other
object that exceeds specified heights without a permit issued by the Department of
Transportation (height permit). The bill extends this height permit requirement to
any utility structure. However, DOT may not issue a height permit for a utility
structure unless the applicant has received FAA approval to install an LMTS on the
utility structure, and the height permit includes as a condition that the applicant
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ASSEMBLY BILL 1165
install the LMTS no later than 24 months after issuance of the permit. Current DOT
rules implementing height permits govern enforcement of height permit
requirements and conditions, including penalties and possible revocation.
The bill requires that, beginning on July 1, 2026, with respect to a utility
structure for which a height permit was not required when erected, the owner must
apply for a height permit no later than July 1, 2028. Also, under the bill, beginning
on July 1, 2026, if a height permit was issued for a utility structure before the
effective date of the bill, DOT must amend the permit to include as a condition that
the owner, no later than 24 months after the permit is amended, install an LMTS and
provide documentation that the FAA approved the installation. The bill requires
DOT to provide notice to the owner no later than 30 days prior to amending the
permit.
The bill requires that DOT issue a notice on its website if the FAA notice
requirements are amended to apply to shorter structures and requires the owner of
a structure that becomes a utility structure because of this change to apply for a
height permit within a specified period.
With respect to an existing utility structure that is a high-voltage transmission
line tower for which a height permit was not required when erected or for which a
height permit was issued when erected, if the FAA does not approve the installation
of an LMTS, the bill requires the owner to provide documentation of this to the
secretary of transportation. Upon receipt of this documentation, the bill provides
that the permit may not include the condition that an LMTS be installed on the
structure. Instead, the bill requires the secretary of transportation to include in the
permit a condition that the owner install on the utility structure a lighting system
that minimizes the duration or intensity of the lighting system while maintaining
full compliance with FAA lighting standards.
The bill requires that a person be approved by FAA to install an LMTS on a
utility structure. The bill specifies that a person who is selected to install an LMTS
on a utility structure as required under the bill must provide notice to DOT and to
the city, village, or town in which the utility structure is located of the progress of the
installation. If the installation is delayed beyond the 24-month installation
requirement, the bill requires the installer to provide an update on the reasons for
the delay and the current status of the installation to DOT and the city, village, or
town at least every three months. The bill allows DOT to establish policies and
procedures to set a uniform schedule for submitting these notices and updates.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 114.135 (7) of the statutes is renumbered 114.135 (7) (b) (intro.) and
amended to read:
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SECTION 1
ASSEMBLY BILL 1165
114.135 (7) (b) (intro.) For the purposes of sub. (6), the power and authority to
control the erection of buildings, structures, towers, and other objects by the
secretary of transportation shall be limited to those objects all of the following:
1. An object that would either extend to a height of more than 500 feet above
the ground or surface of the water within one mile of the location of the object, or.
2. An object that would extend above a height determined by the ratio of one
foot vertical to 40 feet horizontal measured from the nearest boundary of the nearest
public airport or spaceport within the state; however, this.
(c) The power and authority under par. (b) shall not extend to objects of less
than 150 feet in height above the ground or water level at the location of the object
or to objects located within areas zoned under s. 114.136 or to objects located within
areas zoned under s. 62.23 (7) where the zoning ordinance enacted under said
subsection controls the height of structures.
SECTION 2. 114.135 (7) (a) of the statutes is created to read:
114.135 (7) (a) In this subsection:
1. “High-voltage transmission line tower” means a tower used to support a
high-voltage transmission line, as defined in s. 196.491 (1) (f).
2. “Light-mitigating technology system” means aircraft detection lighting or
any other comparable system capable of reducing the impact of obstruction lighting
while maintaining conspicuity sufficient to assist aircraft in identifying and avoiding
collision with a structure.
3. “Utility structure” means a high-voltage transmission line tower or a wind
energy system that meets the criteria that would require submittal of a notice to the
federal aviation administration under 14 CFR 77.9.
4. “Wind energy system” has the meaning given in s. 66.0403 (1) (m).
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SECTION 3 ASSEMBLY BILL 1165
SECTION 3. 114.135 (7) (b) 3. of the statutes is created to read:
114.135 (7) (b) 3. A utility structure.
SECTION 4. 114.135 (7) (d) of the statutes is created to read:
114.135 (7) (d) 1. Except as provided in subd. 3m., the secretary may not issue
a permit under sub. (6) for a utility structure under par. (b) 3. unless the applicant
has received federal aviation administration approval to install a light-mitigating
technology system on the utility structure, and the permit under sub. (6) includes as
a condition that the applicant install the light-mitigating technology system no later
than 24 months after issuance of the permit.
2. Beginning on July 1, 2026, all of the following apply to an owner of a utility
structure that was erected before the effective date of this subdivision .... [LRB
inserts date]:
a. Except as provided in subd. 3m., a utility structure for which no permit under
sub. (6) was previously required, the owner shall apply for a permit from the
secretary no later than July 1, 2028, and issuance of the permit is subject to subd.
1.
b. Except as provided in subd. 3m., for a utility structure for which a permit
under sub. (6) was previously issued, the secretary shall amend the permit to include
the condition under subd. 1. and to require that the owner, no later than 24 months
after the permit is amended, provide documentation to the secretary that the owner
has received federal aviation administration approval to install the light-mitigating
technology system on the utility structure. The secretary shall provide notice to the
owner of this amendment no later than 30 days prior to amending the permit.
3. If the regulation under 14 CFR 77.9 is amended to lower the height at which
the notice to the federal aviation administration is required, the department shall
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post notice of this change on its website. The owner of a structure that becomes a
utility structure because of this change shall apply for a permit under sub. (6) from
the secretary no later than the first day of the 24th month beginning after the
department provides notice of this change, and, except as provided in subd. 3m.,
issuance of the permit is subject to subd. 1.
3m. If a utility structure under subd. 2. a. or b. or 3. is a high-voltage
transmission line tower and the federal aviation administration denies the owner's
request to install a light-mitigating technology system, the owner shall provide
documentation of this denial to the secretary. Upon receipt of this documentation,
one of the following applies:
a. For a utility structure under subd. 2. a. or 3., the secretary may not include
in the permit under sub. (6) the condition under subd. 1. that the applicant install
the light-mitigating technology system. Instead, the secretary shall include in the
permit a condition that the owner install on the utility structure, no later than 24
months after the permit is issued, a lighting system that minimizes the duration or
intensity of the lighting system while maintaining full compliance with the lighting
standards established in chapter 13 of the federal aviation administration's Advisory
Circular 70/760-1, Obstruction Marking and Lighting, as updated.
b. For a utility structure under subd. 2. b., the secretary shall amend the permit
issued under sub. (6) for the utility structure to remove the condition under subd. 1.
and replace it with a condition that the owner install on the utility structure, no later
than 24 months after the permit is amended under this subd. 3m. b. a lighting system
that minimizes the duration or intensity of the lighting system while maintaining
full compliance with the lighting standards established in chapter 13 of the federal
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aviation administration's Advisory Circular 70/760-1, Obstruction Marking and
Lighting, as updated.
4. No person may install a light-mitigating technology system on a utility
structure unless the person is approved by the federal aviation administration to
perform that installation. A person who is selected to install a light-mitigating
technology system on a utility structure required under subd. 1. or 2. shall provide
notice to the department and to the city, village, or town in which the utility structure
is located, in the form and manner prescribed by the department, of the progress of
the installation. If the installation is delayed beyond the 24-month installation
requirement under subd. 1. or 2. b., the installer shall provide an update to the
department and to the city, village, or town in which the utility structure is located
on the reasons for the delay and the current status of the installation to the
department not less than once every 3 months. The department may establish
policies and procedures to set a uniform schedule for submitting notice and updates
pursuant to this subdivision.
(END)
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