HB26-1420
Wind Energy Light-Mitigating Technology Approval and Extension Rules
In one sentence
This law requires wind energy facility owners to get approval from the FAA, FCC, or other federal agencies before installing light-mitigating technology, and it mandates that local governments grant time extensions if these approvals are delayed.
What it does
- Requires owners of new wind facilities to obtain approval from the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), or any other applicable federal agency before installing light-mitigating technology.
- Mandates that local government bodies must grant an extension of at least 24 months if final federal approvals are delayed, if the technology is unavailable despite reasonable efforts, or due to other documented circumstances outside the owner's control.
- Allows owners to request additional extensions from local governments beyond the initial period if warranted by ongoing delays or unavailability.
- Prohibits local boards from imposing penalties on facility owners during any granted extension periods.
Who it affects
- Owners or operators of new wind-powered energy generation facilities in Colorado where construction began on or after April 1, 2022
- Local government governing bodies that handle land-use permits for these facilities
Limits and unknowns
- This law applies to new wind facilities where vertical construction of the first turbine began on or after April 1, 2022.
- The specific effective date is not listed in the provided text; however, the act applies to applications and extension requests pending on or after that date.
Plain language
Terms to know
- Light-mitigating technology
- Equipment required to be installed at wind-powered energy generation facilities.
- FCC
- The Federal Communications Commission, a federal agency that must approve the installation of light-mitigating technology along with the FAA and other agencies.
Official record
Sources
Official summary
In 2022, the general assembly enacted Senate Bill 22-110, concerning a requirement that a wind-powered energy generation facility be equipped with light mitigating technology (technology), to require an owner or operator of a new wind-powered energy generation facility (facility) to install technology at the facility and to obtain federal aviation administration (FAA) approval before installing the technology. An owner or operator of a facility can request from the governing body of the local government in which the facility is located an extension of up to 24 months to install the technology. The act requires the owner or operator of a facility to also obtain federal communications commission (FCC) approval for installation of the technology and requires that a governing body of a local government grant an owner or operator of a facility an extension of time to install the technology if FAA, FCC, or other federal agency approval is delayed. The act also requires that an extension of time granted by the governing body of a local government is at least 24 months in duration. (Note: This summary applies to this bill as enacted.)
Official activity
Bill history
- Governor SignedGovernor
- Sent to the GovernorGovernor
- Signed by the President of the SenateSenate
- Signed by the Speaker of the HouseHouse
- Senate Third Reading Passed - No AmendmentsSenate
- Senate Second Reading Special Order - Passed - No AmendmentsSenate
- Senate Committee on Transportation & Energy Refer Unamended - Consent Calendar to Senate Committee of the WholeSenate
- Introduced In Senate - Assigned to Transportation & EnergySenate
- House Third Reading Passed - No AmendmentsHouse
- House Second Reading Special Order - Passed - No AmendmentsHouse
- House Committee on Transportation, Housing & Local Government Refer Unamended to House Committee of the WholeHouse
- Introduced In House - Assigned to Transportation, Housing & Local GovernmentHouse