Amendments for SB22-110
Senate Journal, March 16
After consideration on the merits, the Committee recommends that SB22-110 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.
Amend printed bill, page 2, strike lines 5 and 6 and substitute "inclusion of
light mitigating technology - requirement - enforcement - definitions.
(1) (a) SUBJECT TO SUBSECTION (1)(b) OF THIS SECTION, FOR ANY NEW".
Page 2, strike lines 9 through 11 and substitute "TO SECTION 29-20-108, AND
FOR WHICH THE OWNER OR OPERATOR OF THE FACILITY BEGINS VERTICAL
CONSTRUCTION OF THE FIRST WIND TURBINE INCLUDED WITHIN THE FACILITY ON
OR AFTER APRIL 1, 2022, THE OWNER OR OPERATOR SHALL EQUIP THE FACILITY
WITH LIGHT MITIGATING TECHNOLOGY.".
Page 2, strike lines 13 through 18 and substitute "GENERATION FACILITY
SUBJECT TO SUBSECTION (1)(a) OF THIS SECTION, WITHIN SIX MONTHS AFTER THE
FACILITY RECEIVES A DETERMINATION OF NO HAZARD FROM THE FAA, SHALL:
(I) APPLY TO THE FAA, ANY OTHER APPLICABLE FEDERAL AGENCY, OR
BOTH, FOR THE INSTALLATION OF APPROVED LIGHT MITIGATING TECHNOLOGY;
AND
(II) WITHIN TWENTY-FOUR MONTHS AFTER RECEIVING APPROVAL FROM
THE FAA 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 OF
THE LIGHT MITIGATING TECHNOLOGY AT THE FACILITY.".
Page 3, strike lines 3 through 5 and substitute "SUBSECTION (1) OF THIS SECTION
FOR A PERIOD OF UP TO TWENTY-FOUR MONTHS. THE GOVERNING BODY OF THE
LOCAL GOVERNMENT SHALL GRANT THE REQUEST IF THE OWNER OR OPERATOR
CAN DEMONSTRATE THAT, DESPITE THE OWNER'S OR OPERATOR'S EXERCISE OF
COMMERCIALLY REASONABLE EFFORTS, THE TIMING OF AVAILABILITY OF LIGHT
MITIGATING TECHNOLOGY CONSTRAINED THE OWNER'S OR OPERATOR'S ABILITY
TO COMPLY WITH SUBSECTION (1) OF THIS SECTION IN THE TIME FRAME
AFFORDED. A BOARD SHALL NOT IMPOSE ANY PENALTIES AGAINST THE OWNER
OR OPERATOR PURSUANT TO SUBSECTION (3) OF THIS SECTION DURING THE
EXTENSION PERIOD GRANTED.".
Page 3, strike lines 6 through 13 and substitute:
"(3) IF THE BOARD HAS EXERCISED ITS AUTHORITY TO ENACT AN".
Page 3, line 16, strike "HAS FAILED TO" and substitute "WAS REQUIRED TO, BUT
FAILED TO,".
Page 3, strike lines 22 through 27 and substitute:
"(a) "APPROVAL FROM THE FAA" MEANS FAA APPROVAL TO EQUIP AND
OPERATE LIGHT MITIGATING TECHNOLOGY FOR AT LEAST THIRTY PERCENT OF
THE PROPOSED WIND TURBINES INCLUDED WITHIN A NEW WIND-POWERED
ENERGY GENERATION FACILITY.".
Page 4, after line 3 insert:
"(c) "FAA" MEANS THE FEDERAL AVIATION ADMINISTRATION IN THE
UNITED STATES DEPARTMENT OF TRANSPORTATION.
(d) "LIGHT MITIGATING TECHNOLOGY" MEANS A SENSOR-BASED SYSTEM
THAT:
(I) IS DESIGNED TO DETECT APPROACHING AIRCRAFT;
(II) KEEPS THE LIGHTS OFF WHEN IT IS SAFE TO DO SO; AND
(III) THE FAA HAS APPROVED AS MEETING THE REQUIREMENTS SET
FORTH IN CHAPTER 10 OF THE FAA'S 2020 ADVISORY CIRCULAR AC
70/7460-1M, "OBSTRUCTION MARKING AND LIGHTING".".
Reletter succeeding paragraphs accordingly.
Page 4, line 14, strike "aircraft detection lighting systems" and substitute
"light mitigating technology".
Page 4, line 20, strike "HAS FAILED TO" and substitute "WAS REQUIRED TO, BUT
FAILED TO,".
Page 1, strike lines 102 and 103 and substitute "GENERATION FACILITY BE
EQUIPPED WITH LIGHT MITIGATING TECHNOLOGY.".
State,
Veterans, &
Military
Affairs
Senate Journal, March 24
SB22-110 by Senator(s) Sonnenberg; also Representative(s) Pelton--Concerning a requirement that a
wind-powered energy generation facility be equipped with an aircraft detection lighting
system.
Amendment No. 1, State, Veterans & Military Affairs Committee Amendment.
(Printed in Senate Journal, March 16, page(s) 416-417 and placed in members' bill files.)
Amendment No. 2(L.004), by Senator Sonnenberg.
Amend the State, Veterans, and Military Affairs Committee Report, dated
March 15, 2022, page 1, line 3, strike "SECTION," and substitute "SECTION AND
SUBJECT TO FAA APPROVAL FOR THE INSTALLATION OF APPROVED LIGHT
MITIGATING TECHNOLOGY,".
Page 1, line 6, before "FACILITY" insert "NEW".
Page 1, strike line 9 and substitute "SHALL INSTALL LIGHT MITIGATING
TECHNOLOGY AT THE NEW FACILITY.".".
Page 1 of the report, after line 9 insert:
"Page 2 of the bill, line 12, before "WIND-POWERED" insert "NEW".".
Page 1 of the report, line 21, strike "OPERATION" and substitute "OPERATION,
CONSISTENT WITH FAA REQUIREMENTS OR OTHER APPLICABLE FEDERAL
AGENCY REQUIREMENTS,".
Page 1, line 22, before "FACILITY."." insert "NEW".
Page 2, line 4, strike "TIMING OF".
Page 2, after line 13 insert:
"Page 3 of the bill, strike lines 18 and 19 and substitute "OWNER OR OPERATOR
OF THE NEW FACILITY IN THE AMOUNT OF ONE THOUSAND DOLLARS PER DAY.".".
Page 2 of the report, after line 29 insert:
"Page 4 of the bill, strike line 9 and substitute "BY MEANS OF TURBINES OR
OTHER DEVICES THAT CAPTURE AND EMPLOY".".
Page 2 of the report, after line 31 insert:
"Page 4 of the bill, line 17, before "WIND-POWERED" insert "NEW".
Page 4 of the bill, lines 18 and 19, strike "IN AN AMOUNT DETERMINED BY THE
BOARD IN THE ORDINANCE OR RESOLUTION" and substitute "IN THE AMOUNT OF
ONE THOUSAND DOLLARS PER DAY".".
Page 2 of the report, after line 33 insert:
"Page 5 of the bill, strike line 7 and substitute "BY MEANS OF TURBINES OR
OTHER DEVICES THAT CAPTURE AND EMPLOY".".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
House Journal, April 22
8 Amendment No. 1, Energy & Environment Report, dated April 20, 2022,
9 and placed in member’s bill file; Report also printed in House Journal,
10 April 20, 2022.
11
12 Amendment No. 2, by Representative Pelton.
13
14 Amend reengrossed bill, page 2, line 10, strike "29-20-108," and
15 substitute "29-20-108 OR IS OWNED BY AN INDEPENDENT POWER
16 PRODUCER,".
17
18 Amendment No. 3, by Representative Titone.
19
20 Amend reengrossed bill, page 4, after line 2 insert:
21
22 "(4) THIS SECTION DOES NOT APPLY TO WIND-POWERED ENERGY
23 GENERATION FACILITIES USED SOLELY FOR PURPOSES OF RESEARCH AND
24 TESTING.".
25
26 Renumber succeeding subsection accordingly.
27
28 As amended, ordered revised and placed on the Calendar for Third
29 Reading and Final Passage.
30