HB 1420

HOUSE BILL 26-1420
BY REPRESENTATIVE(S) Paschal and Richardson, Barron, Caldwell,
Clifford, Duran, Flanell, Jackson, Johnson, Keltie, McCormick, Smith,
Story, Weinberg, Woog;
also SENATOR(S) Kolker and Pelton R., Coleman.
CONCERNING CHANGES TO THE APPROVAL PROCESS FOR LIGHT-MITIGATING
     TECHNOLOGY THAT IS REQUIRED TO BE INSTALLED AT CERTAIN
     WIND-POWERED ENERGY GENERATION FACILITIES.
Be it enacted by the General Assembly of the State of Colorado:
       SECTION 1. In Colorado Revised Statutes, 38-30.7-106, amend
(1) and (2); and add (5)(c.5) as follows:
       38-30.7-106.     Wind-powered energy generation facilities
inclusion of light-mitigating technology - requirement - enforcement -
definitions.
      (I) (a) Subject to subsection (l)(b) of this section and subject to
approval from the FAA, THE FCC, AND ANY OTHER APPLICABLE FEDERAL
AGENCY, for the installation of approved light-mitigating technology, for
any new wind-powered energy generation facility that is subject to local
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
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 (l)(a) of this section, within six months after
the facility receives a determination ofno hazard from the FAA, shall:
      (I) Apply to the FAA, THE FCC, AND any other applicable federal
agency 01 both, for the installation of approved light-mitigating technology;
and
       (II) EXCEPT AS PROVIDED IN SUBSECTION (2) OF THIS SECTION, within
twenty-four months after receiving FINAL approval from the FAA, THE FCC,
AND ANY OTHER APPLICABLE FEDERAL AGENCY, 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 ~ith FAA 1eqt1irements 01 other
applicable fedetal agency requirements, of the light-mitigating technology
at the new facility, CONSISTENT WITH REQUIREMENTS OF THE FAA, THE
FCC, AND ANY OTHER APPLICABLE FEDERAL AGENCY.
        (2) (a) 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 IN WHICH THE WIND-POWERED ENERGY GENERATION FACILITY
IS LOCATED OR WILL BE LOCATED to comply with subsection ( 1) of this
section. AN EXTENSION OF TIME GRANTED UNDER THIS SUBSECTION (2)(a)
MUST BE for a period of up-to AT LEAST twenty-four months. THE
GOVERNING BODY OF THE LOCAL GOVERNMENT MAY GRANT A LONGER
EXTENSION AND MAY GRANT ADDITIONAL EXTENSIONS IF WARRANTED.
       (b) The governing body of the local government shall grant the
request FOR AN EXTENSION OF TIME if:
       (I) The owner or operator can demonstrate that, despite the owner's
or operator's exercise of commercially reasonable efforts, the av ailabiliey of
light-mitigating •technology THE OWNER'S OR OPERATOR'S ABILITY TO
COMPLY WITH SUBSECTION ( 1) OF THIS SECTION WITHIN THE TIME FRAME
PAGE 2-HOUSE BILL 26-1420
AFFORDED WAS constrained BY the owner's 01 operator's nbilicy to comply
with subsection ( 1) of this section in the time fi ame affu1 ded. Av AILABILITY
OF   LIGHT-MITIGATING      TECHNOLOGY       OR    BY   OTHER    DOCUMENTED
CIRCUMSTANCES OUTSIDE OF THE OWNER'S OR OPERATOR'S CONTROL; OR
       (II)   FINAL APPROVAL FROM THE FAA, THE FCC, OR ANY OTHER
APPLICABLE FEDERAL AGENCY IS DELA YEO.
       ( c) A board shall not impose any penalties against the owner or
operator pursuant to subsection (3) of this section during the extension
period granted.
       (5) As used in this section, unless the context otherwise requires:
       (c.5) "FCC" MEANS THE FEDERAL COMMUNICATIONS COMMISSION.
        SECTION 2. Applicability. This act applies to applications and
requests for extension of time that are pending on or after the effective date
of this act.
       SECTION 3. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 3-HOUSE BILL 26-1420
the support and maintenance of the departments of the state and state
institutions.
Ju~~  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
v~~
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
                          or
                            R OF THE S A E OF COLORADO
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