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SECOND REGULAR SESSION
HOUSE BILL NO. 1884
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE V AN SCHOIACK.
4164H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 393, RSMo, by adding thereto one new section relating to wind ener gy
conversion systems, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 393, RSMo, is amended by adding thereto one new section, to be
2 known as section 393.2600, to read as follows:
393.2600. 1. As used in this section, the following terms mean:
2 (1) "Light-mitigating technology system", air craft detection lighting or any
3 other comparable system capable of r educing the impact of facility obstruction lighting
4 while maintaining conspicuity sufficient to assist airc raft in identifying and avoiding
5 collision with a wind energy conversion system;
6 (2) "Power offtake agreement", a long-term contract that prov ides for:
7 (a) The whole or any part of the available capacity or the sale or other disposal
8 of the whole or any part of the output of a wind energy conversion system; or
9 (b) A contract for differ ences or financial hedge ties to the output fr om the wind
10 energy conversion system;
11 (3) "W ind energy conversion system", an electric generation facility consisting
12 of five or mor e wind turbines that ar e fifty feet tall or taller in height and any accessory
13 structur es and buildings, including substations, meteor ological towers, electrical
14 infrastructur e, transmission lines, and other appurtenant structures.
15 2. After August 28, 2026, no new wind energy conversion system shall begin
16 commer cial operations in this state unless the developer , owner , or operator of the wind
17 energy conversion system applies to the Federal A viation Administration for installation
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 of a light-mitigating technology system that complies with 14 CFR 1.1, et seq. If the
19 installation is appr oved by the Federal A viation Administration, the developer , owner ,
20 or operator of such wind energy conversion system shall install the light-mitigating
21 technology system on appr oved turbines within twenty-four months of receip t of
22 appr oval.
23 3. Prior to August 28, 2034, any developer , owner , or operator of a wind energy
24 conversion system that has commenced commer cial operations in the state without a
25 light-mitigating technology system shall apply to the Federal A viation Administration
26 for installation and operation of a light-mitigating technology system that complies with
27 14 CFR 1.1, et seq. If the installation is appr oved by the Federal A viation
28 Administration, the developer , owner , or operator of such wind energy conversion
29 system shall install the light-mitigating technology system on appr oved turbines within
30 twenty-four months of r eceipt of appr oval.
31 4. Any vendor that is selected for installation of a light-mitigating technology
32 system on a wind energy conversion system under the prov isions of this section and is
33 appr oved by the Federal A viation Administration for such installation shall pro vide to
34 the Missouri department of natural res our ces, in the form and manner pr escribed by
35 the department, notice of the pr ogress of the installation of such light-mitigating
36 technology system.
37 5. If the installation of the light-mitigating technology system is delayed beyond
38 the twenty-four -month installation r equir ement established under this section, the
39 vendor shall prov ide notice to the Missouri department of natural res ources no less than
40 once every thr ee months with an update on the rea sons for the delay and the current
41 status of installation. The department shall establish policies and proc edures to
42 establish a uniform schedule for submitting notice as requ ired under this subsection.
43 6. Any costs associated with the installation, implementation, operation, and
44 maintenance of a light-mitigating technology system shall be the responsibil ity of the
45 developer , owner , or operator of the wind energy conversion system.
46 7. Any developer , owner , or operator of a wind energy conversion system who is
47 appr oved to install light-mitigating technology but does not install such appr oved light-
48 mitigating technology in the time frames established in subsections 3 and 5 of this
49 section shall be liable for a fine of five thousand dollars per day per wind turbine until
50 the developer , owner , or operator installs the light-mitigating technology as appr oved.
51 8. The director may pro mulgate all necessary rules and regul ations for the
52 administration of this section. Any rule or portion of a rule, as that term is defined in
53 section 536.010, that is crea ted under the authority delegated in this section shall
54 become effective only if it complies with and is subject to all of the provi sions of chapter
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55 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable
56 and if any of the powers vested with the general assembly pursuant to chapter 536 to
57 r eview , to delay the effective date, or to disappr ove and annul a rule are subsequently
58 held unconstitutional, then the grant of rulemaking authority and any rule pr oposed or
59 adopted after August 28, 2026, shall be invalid and void.
✔
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