Read the full stored bill text
House
File
2081
-
Introduced
HOUSE
FILE
2081
BY
FISHER
A
BILL
FOR
An
Act
establishing
standards
for
obstruction
lights
on
wind
1
energy
conversion
facilities
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5797HH
(2)
91
sb/js
H.F.
2081
Section
1.
NEW
SECTION
.
476.50
Wind
energy
conversion
1
facilities
——
obstruction
light
standards.
2
1.
For
purposes
of
this
section:
3
a.
“Aircraft
detection
lighting
system”
means
a
sensor-based
4
system
designed
to
detect
aircraft
as
they
approach
an
5
obstruction
or
group
of
obstructions.
An
aircraft
detection
6
lighting
system
turns
an
obstruction
light
on
when
an
aircraft
7
is
detected
or
if
there
is
a
system
failure,
and
keeps
the
8
obstruction
light
on
until
the
aircraft
exits
the
coverage
9
area.
10
b.
“Obstruction
light”
means
a
high-intensity
beacon,
11
typically
red
or
white,
installed
on
a
tall
structure
to
warn
12
aircraft
pilots
of
the
structure’s
presence.
13
c.
“Wind
energy
conversion
facility”
means
a
wind
energy
14
conversion
facility,
as
defined
in
section
476C.1,
or
a
wind
15
turbine
that
is
part
of
a
wind
energy
conversion
system,
that
16
has
a
nameplate
generating
capacity
greater
than
one
hundred
17
kilowatts.
18
2.
Unless
otherwise
provided
in
this
section,
all
19
obstruction
lights
on
wind
energy
conversion
facilities
20
constructed
on
or
after
July
1,
2026,
shall
be
controlled
by
an
21
aircraft
detection
lighting
system.
All
wind
energy
conversion
22
facilities
constructed
prior
to
July
1,
2026,
that
utilize
23
an
obstruction
light
not
controlled
by
an
aircraft
detection
24
lighting
system
shall
be
altered
to
utilize
an
obstruction
25
light
controlled
by
an
aircraft
detection
lighting
system
by
26
January
1,
2028.
27
3.
An
aircraft
detection
lighting
system
required
28
under
this
section
must
be
approved
by
the
federal
aviation
29
administration.
30
4.
A
wind
energy
conversion
facility
at
a
location
where
an
31
obstruction
light
controlled
by
an
aircraft
detection
lighting
32
system
in
not
appropriate
due
to
terrain
limitations,
proximity
33
to
airports,
visual
flight
rules,
or
military
training
routes
34
is
not
required
to
utilize
an
aircraft
detection
lighting
35
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1/
4
H.F.
2081
system.
1
5.
The
owner
of
a
wind
energy
conversion
facility
with
an
2
obstruction
light
controlled
by
an
aircraft
detection
lighting
3
system
shall
be
responsible
for
ensuring
the
aircraft
detection
4
lighting
system
remains
continuously
operational.
5
6.
a.
An
owner
of
a
wind
energy
conversion
facility
in
6
violation
of
this
section
is
subject
to
a
civil
penalty,
which
7
may
be
levied
by
the
commission,
of
not
less
than
one
hundred
8
dollars
nor
more
than
two
thousand
five
hundred
dollars
per
9
violation.
10
b.
Each
day
a
violation
continues
is
a
separate
and
11
distinct
offense.
Any
civil
penalty
may
be
compromised
by
the
12
commission.
In
determining
the
amount
of
the
penalty,
or
the
13
amount
agreed
upon
in
a
compromise,
the
commission
may
consider
14
the
appropriateness
of
the
penalty
in
relation
to
the
total
15
number
of
wind
energy
conversion
facilities
the
owner
operates
16
in
violation
of
this
section,
the
number
of
days
a
violation
17
has
occurred,
and
the
good
faith
of
the
owner
in
attempting
to
18
achieve
compliance
following
notification
of
a
violation,
and
19
any
other
relevant
factors.
20
c.
Civil
penalties
collected
pursuant
to
this
section
shall
21
be
forwarded
by
the
chief
operating
officer
of
the
commission
22
to
the
treasurer
of
state
to
be
credited
to
the
general
fund
of
23
the
state.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
establishes
standards
for
obstruction
lights
on
28
wind
energy
conversion
facilities.
29
The
bill
defines
“aircraft
detection
lighting
system”
(ADLS)
30
as
a
sensor-based
system
designed
to
detect
aircraft
as
they
31
approach
an
obstruction
or
group
of
obstructions.
The
bill
32
explains
that
an
ADLS
turns
an
obstruction
light
on
when
an
33
aircraft
is
detected
or
if
there
is
a
system
failure,
and
keeps
34
an
obstruction
light
on
until
the
aircraft
exits
the
coverage
35
-2-
LSB
5797HH
(2)
91
sb/js
2/
4
H.F.
2081
area.
The
bill
defines
“obstruction
light”
as
a
high-intensity
1
beacon,
typically
red
or
white,
installed
on
tall
structures
2
to
warn
aircraft
pilots
of
the
structure’s
presence.
The
bill
3
defines
“wind
energy
conversion
facility”
as
a
wind
energy
4
conversion
system
that
collects
and
converts
wind
into
energy
5
to
generate
electricity,
or
a
wind
turbine
that
is
part
of
6
a
wind
energy
conversion
system,
with
a
nameplate
generating
7
capacity
greater
than
100
kilowatts.
8
The
bill
requires
all
obstruction
lights
on
wind
energy
9
conversion
facilities
constructed
on
or
after
July
1,
2026,
10
to
be
controlled
by
an
ADLS.
The
bill
further
requires
wind
11
energy
conversion
facilities
constructed
prior
to
July
1,
2026,
12
that
utilize
obstruction
lights
not
controlled
by
an
ADLS
to
13
be
altered
to
utilize
obstruction
lights
controlled
by
an
ADLS
14
by
January
1,
2028.
15
The
bill
requires
any
ADLS
required
under
the
bill
to
be
16
approved
by
the
federal
aviation
administration.
17
The
bill
provides
that
a
wind
energy
conversion
system
18
located
at
a
site
where
an
obstruction
light
controlled
by
an
19
ADLS
is
not
appropriate
due
to
terrain
limitations,
proximity
20
to
airports,
visual
flight
rules,
or
military
training
routes
21
is
not
required
to
utilize
an
ADLS.
22
The
bill
provides
that
an
owner
of
a
wind
energy
conversion
23
system
with
an
obstruction
light
controlled
by
an
ADLS
is
24
responsible
for
ensuring
the
ADLS
remains
continuously
25
operational.
26
The
bill
provides
that
an
owner
of
a
wind
energy
conversion
27
facility
in
violation
of
the
bill
is
subject
to
a
civil
penalty
28
by
the
commission
of
not
less
than
$100
nor
more
than
$2,500
29
per
violation.
The
bill
provides
that
each
day
a
violation
30
continues
is
a
separate
and
distinct
offense,
but
allows
the
31
commission
to
compromise
any
civil
penalty
based
on
certain
32
factors.
33
The
bill
directs
any
civil
penalties
collected
to
be
34
forwarded
by
the
chief
operating
officer
of
the
commission
to
35
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5797HH
(2)
91
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3/
4
H.F.
2081
the
treasurer
of
state
to
be
credited
to
the
general
fund
of
1
the
state.
2
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5797HH
(2)
91
sb/js
4/
4