SESSION OF 2023
SUPPLEMENTAL NOTE ON SENATE BILL NO. 49
As Amended by Senate Committee of the Whole

Brief*
SB 49, as amended, would require the installation of a
light-mitigating technology system (lighting system) in new
and existing wind energy conversion systems (wind turbines)
upon approval from the Federal Aviation Administration
(FAA). The bill would also establish requirements for the
vendors of lighting systems and allow any county to enter into
certain agreements with a developer, owner, or operator
(developer) of wind turbines.

Lighting System Requirement for New Wind Turbines
The bill would require, on and after July 1, 2023, any
developer of new wind turbines to apply to the FAA for the
installation of a lighting system that complies with FAA
regulations. If approved by the FAA, the developer would be
required to install the lighting system on the approved wind
turbines within 24 months after approval.

Lighting System Requirement for Existing Wind Turbines
The bill would require, on and after January 1, 2026, any
developer of wind turbines that began commercial operations
in Kansas without a lighting system to apply to the FAA for
installation and operation of such system that complies with
FAA regulations within six months after the execution of a
new power offtake agreement related to the wind turbines.

____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 The bill would require the developer of the wind turbines,
if approved by the FAA, to install the lighting system on
approved wind turbines within 24 months of the approval.

Requirements for Vendors of Lighting Systems
The bill would require any vendor selected for
installation of a lighting system on wind turbines and
approved by the FAA for installation to provide the Kansas
Department of Transportation (KDOT), Aviation Division,
notice of the progress of the installation of the lighting system,
in a form and manner prescribed by the Aviation Division.
If the installation of the lighting system is delayed
beyond the 24-month installation requirement, the vendor
would be required to provide notice and an update to the
Aviation Division no less than once every three months on the
reasons for the delay and the current status of the installation.
The bill would authorize the Aviation Division to establish
policies and procedures to establish a uniform schedule for
submitting notice.

Costs
The bill would place the responsibility for any costs
associated with the installation, implementation, operation,
and maintenance of a lighting system on the developer of the
wind turbine.

Authority for a County to Issue Revenue Bonds
The bill would authorize any county to issue revenue
bonds, pursuant to law regarding issuance of revenue bonds
by counties for the purpose of paying all or part of the costs of
the purchase, acquisition, and equipping of a lighting system,
subject to approval by the FAA, for wind turbines that have

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commenced commercial operations in the state without a
lighting system.

Definitions
The bill would define the following terms:
● “Light-mitigating technology system” would mean
aircraft detection lighting or any other comparable
system capable of reducing the impact of facility
obstruction lighting while maintaining conspicuity
sufficient to assist aircraft in identifying and
avoiding collision with a wind energy conversion
system;
● “Power offtake agreement” would mean a long-
term contract that provides for:
○ The provision of the whole or any part of the
available capacity or the sale or other
disposal of the whole or any part of the output
of a wind energy conversion system; or
○ A contract for differences or financial hedge
tied to the output from the wind energy
conversion system; and
● “Wind energy conversion system” would mean an
electric generation facility consisting of five or more
wind turbines that are 50 feet or taller in height and
any accessory structures and buildings, including
substations, meteorological towers, electrical
infrastructure, transmission lines, and other
appurtenant structures.
Effective Date
The bill would be in effect upon publication in the
Kansas Register.

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Background
The bill was introduced by the Senate Committee on
Utilities at the request of a representative of the Kansas
Power Alliance.
[Note: The Senate Select Committee on Wind Turbine
Lighting met during the 2022 Interim. Part of the Interim
Committee’s recommendations included the introduction of
two separate bills to address lighting systems for future wind
turbines and the retrofitting of existing wind turbines. The bill
pertaining the retrofitting of existing wind turbines is 2023 SB
46, portions of which were added to SB 49 by the Senate
Committee.]

Senate Committee on Utilities
In the Senate Committee hearing, Senator Peck,
representatives of the Kansas Power Alliance and Kansas
Livestock Association, the Executive Director of Audubon of
Kansas, and one private citizen provided proponent
testimony. The proponent testimony discussed the work by
the Senate Select Committee on Wind Turbine Lighting,
enjoyment of the night sky, private property rights, cost of
lighting systems, and the effect of wind turbine lights on bats
and birds.
Written-only proponent testimony was provided by a
representative of the Sierra Club – Kansas Chapter and six
private citizens.
Neutral testimony was provided by the Director of Policy
for KDOT, who stated the agency has concerns about naming
KDOT as the agency to review waiver or extension requests
and issue the waivers or extensions, as KDOT does not have
the authority to do so. The FAA is the agency with exclusive
authority to regulate aviation safety, the efficiency of the
navigable airspace, and air traffic control over airspace.

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Written-only neutral testimony was provided by
representatives of Climate + Energy Project and DeTect, Inc.
No other testimony was provided.
The Senate Committee amended the bill to:
● Change the date from January 1, 2023, to July 1,
2023, for which new wind turbines would be
required to apply to the FAA for installation of a
lighting system;
● Remove the ability for a developer of wind turbines
to apply for a waiver from the 24-month
requirement for lighting systems on new wind
turbines;
● Establish January 1, 2026, as the date upon which
a developer of existing wind turbines would, upon a
new power offtake agreement, be required to apply
to the FAA for approval of a lighting system;
● Require developers of existing wind turbines to
apply to the FAA for approval of a lighting system
within 6 months of executing a new power offtake
agreement, and upon approval by the FAA, require
the installation of a lighting system within 24
months;
● Add requirements for a lighting system vendor to
provide certain information to the KDOT Aviation
Division;
● Authorize a board of county commissioners to
finance some or part of a lighting system, allow a
board to issue revenue bonds, and state the
ongoing operation and maintenance costs of a light
system financed by in whole or part by a board are
the responsibility of the developer;

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 ● Delete “light intensity solution technology” from the
definition of “light-mitigating technology system”;
● Add the definition of “power offtake agreement”;
and
● Change the effective date to upon publication in the
Kansas Register.
Senate Committee of the Whole
The Senate Committee of the Whole amended the bill
to:
● Remove language authorizing a board to enter into
agreements with a developer of wind turbines for
the purpose of financing some or all of the costs of
the purchase and installation of a lighting system;
● Remove language regarding the issuance of
revenue bonds by a board;
● Authorize any county to issue revenue bonds
pursuant to law regarding issuance of revenue
bonds by counties for the purpose of paying all or
part of the costs of the purchase, acquisition, and
equipping of a lighting system, subject to the
approval of the FAA, for wind turbines that have
commenced commercial operations in the state
without a lighting system.
Fiscal Information
The fiscal note prepared by the Division of the Budget
on the bill, as introduced, states that KDOT would require
additional expenditures totaling $200,000 from the State
Highway Fund in FY 2023 to carry out its responsibilities
associated with the bill. This amount includes salaries and
wages of $175,000 for 5.0 additional FTE positions, plus
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$25,000 for other operating expenses. The implementation of
the bill would require additional expenditures from the State
Highway Fund of $403,500 in FY 2024, $407,035 in FY 2025,
$410,605 in FY 2026, and $414,211 in FY 2027. Total
expenditures from FY 2023 to FY 2027 would be $1,835,351.
Of this amount, $1,610,351 would be for ongoing annual
salaries and wages expenditures for 5.0 FTE positions and
$225,000 would be for ongoing operating expenditures.
The Kansas Corporation Commission and the Citizens’
Utility Ratepayer Board indicate that enactment of the bill
would not have a fiscal effect.
Any fiscal effect associated with the bill is not reflected
in The FY 2024 Governor’s Budget Report.
Wind turbines; wind energy conversion systems; aviation obstruction lighting; light-
mitigating technology systems; Federal Aviation Administration; Kansas Department
of Transportation Aviation Division; retrofit; board of county commissioners; wind
developer


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