The act requires that an owner or operator of a new wind-powered energy generation facility (facility) install light mitigating technology (technology) at the facility if vertical construction of the first wind turbine included in the facility begins on or after April 1, 2022, and the owner or operator is required to obtain a land-use permit from a local government or is an independent power producer.
The act defines technology as a sensor-based system that is designed to detect approaching aircraft, that keeps the lights off when it is safe to do so, and that meets federal aviation administration (FAA) requirements. An owner or operator of a facility is responsible for obtaining FAA approval for the installation of approved technology and may request from the governing body of the local government an extension of time up to 24 months if the owner or operator can demonstrate that, despite its commercially reasonable efforts, the technology was not available within the time frame afforded. The board of county commissioners in the county in which a facility is located may adopt and enforce an ordinance or resolution to authorize the board to impose civil penalties of $1,000 per day against a facility owner or operator if the board determines that the owner or operator has failed to comply with the act.
(Note: This summary applies to this bill as enacted.)