In 2022, the general assembly enacted Senate Bill 22-110 to require an owner or operator of a new wind-powered energy generation facility (facility) to install light-mitigating technology designed to detect aircraft (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 bill 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 bill 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 the reengrossed version of this bill as introduced in the second house.)