§ 38-30.7-106 — Wind-powered energy generation facilities inclusion of light-mitigating technology - requirement - enforcement - definitions

Colorado § 38-30.7-106

• Jurisdiction: Colorado
• Title 38: Property -
• Art.: Wind Energy

Text

(1) (a) Subject to
subsection (1)(b) of this section and subject to approval from the FAA for the
installation of approved light-mitigating technology, for any new wind-powered
energy generation facility that is subject to local government land-use permitting
requirements pursuant to section 29-20-108 or is owned by an independent power
producer, and for which the owner or operator of the new facility begins vertical
construction of the first wind turbine included within the facility on or after April 1,
2022, the owner or operator shall install light-mitigating technology at the new
facility.

(b) The owner or operator of a new wind-powered energy generation facility
subject to subsection (1)(a) of this section, within six months after the facility
receives a determination of no hazard from the FAA, shall:

(I) Apply to the FAA, any other applicable federal agency, or both, for the
installation of approved light-mitigating technology; and

(II) Within twenty-four months after receiving approval from the FAA in
accordance with subsection (1)(b)(I) of this section, and subject to the availability of
light-mitigating technology from the manufacturer or supplier, install, test, and
commence operation, consistent with FAA requirements or other applicable federal
agency requirements, of the light-mitigating technology at the new facility.

(2) The owner or operator of a wind-powered energy generation facility may
seek an extension of time from the governing body of the local government to
comply with subsection (1) of this section for a period of up to twenty-four months.
The governing body of the local government shall grant the request if the owner or
operator can demonstrate that, despite the owner's or operator's exercise of
commercially reasonable efforts, the availability of light-mitigating technology
constrained the owner's or operator's ability to comply with subsection (1) of this
section in the time frame afforded. A board shall not impose any penalties against
the owner or operator pursuant to subsection (3) of this section during the
extension period granted.

(3) If the board has exercised its authority to enact an ordinance or
resolution to impose civil penalties pursuant to section 30-11-130 and determines
that an owner or operator of a wind-powered energy generation facility was
required to, but failed to, comply with this section, the board may impose a civil
penalty on the owner or operator of the new facility in the amount of one thousand
dollars per day.

(4) This section does not apply to wind-powered energy generation facilities
used solely for purposes of research and testing.

(5) As used in this section, unless the context otherwise requires:

(a) Approval from the FAA means FAA approval to equip and operate light-mitigating technology for at least thirty percent of the proposed wind turbines
included within a new wind-powered energy generation facility.

(b) Board means the board of county commissioners in the county in which
a wind-powered energy generation facility is located or will be located.

(c) FAA means the federal aviation administration in the United States
department of transportation.

(d) Light-mitigating technology means a sensor-based system that:

(I) Is designed to detect approaching aircraft;

(II) Keeps the lights off when it is safe to do so; and

(III) The FAA has approved as meeting the requirements set forth in chapter
10 of the FAA's 2020 advisory circular AC 70/7460-1M, Obstruction Marking and
Lighting.

(e) Local government means a county or a home rule or statutory city,
town, territorial charter city, or city and county.

(f) Wind-powered energy generation facility or facility means a facility
used in the generation of electricity by means of turbines or other devices that
capture and employ the kinetic energy of the wind.

Legislative History

Source: L. 2022: Entire section added, (SB 22-110), ch. 462, p. 3275, � 1, effective August 10.