HOUSE BILL NO. 1263 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE NOLTE.
2815H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 393, RSMo, by adding thereto one new section relating to wind energy conversion systems.
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", aircraft detection lighting or any 3 other comparable system capable of reducing the impact of facility obstruction lighting 4 while maintaining conspicuity sufficient to assist aircraft in identifying and avoiding 5 collision with a wind energy conversion system; 6 (2) "Power offtake agreement", a long-term contract that provides 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 differences or financial hedge ties to the output from the wind 10 energy conversion system; 11 (3) "Wind energy conversion system", an electric generation facility consisting 12 of five or more wind turbines that are fifty feet tall or taller in height and any accessory 13 structures and buildings, including substations, meteorological towers, electrical 14 infrastructure, transmission lines, and other appurtenant structures. 15 2. After August 28, 2025, no new wind energy conversion system shall begin 16 commercial operations in this state unless the developer, owner, or operator of the wind 17 energy conversion systems applies to the Federal Aviation Administration for
EXPLANATION — 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. HB 1263 2
18 installation of a light-mitigating technology system that complies with 14 CFR 1.1, et 19 seq. If the installation is approved by the Federal Aviation Administration, the 20 developer, owner, or operator of such wind energy conversion system shall install the 21 light-mitigating technology system on approved turbines within twenty-four months of 22 receipt of approval. 23 3. After January 1, 2027, any developer, owner, or operator of a wind energy 24 conversion system that has commenced commercial operations in the state without a 25 light-mitigating technology system shall apply to the Federal Aviation Administration 26 for installation and operation of a light-mitigating technology system that complies with 27 14 CFR 1.1, et seq. within six months after the execution of a new power offtake 28 agreement related to such wind energy conversion system. If the installation is 29 approved by the Federal Aviation Administration, the developer, owner, or operator of 30 such wind energy conversion system shall install the light-mitigating technology system 31 on approved turbines within twenty-four months of receipt of approval. 32 4. Any vendor that is selected for installation of light-mitigating technology 33 system on a wind energy conversion system under the provisions of this section and is 34 approved by the Federal Aviation Administration for such installation shall provide to 35 the Missouri department of natural resources, in the form and manner prescribed by 36 the department, notice of the progress of the installation of such light-mitigating 37 technology system. 38 5. If the installation of the light-mitigating technology system is delayed beyond 39 the twenty-four-month installation requirement established under this section, the 40 vendor shall provide notice to the Missouri department of natural resources no less than 41 once every three months with an update on the reasons for the delay and the current 42 status of installation. The department shall establish policies and procedures to 43 establish a uniform schedule for submitting notice as required under this subsection. 44 6. Any costs associated with the installation, implementation, operation, and 45 maintenance of a light-mitigating technology system shall be the responsibility of the 46 developer, owner, or operator of the wind energy conversion system. 47 7. The director may promulgate all necessary rules and regulations for the 48 administration of this section. Any rule or portion of a rule, as that term is defined in 49 section 536.010, that is created under the authority delegated in this section shall 50 become effective only if it complies with and is subject to all of the provisions of chapter 51 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable 52 and if any of the powers vested with the general assembly pursuant to chapter 536 to 53 review, to delay the effective date, or to disapprove and annul a rule are subsequently HB 1263 3
54 held unconstitutional, then the grant of rulemaking authority and any rule proposed or 55 adopted after August 28, 2025, shall be invalid and void. ✔
Statutes affected: