2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30.7 - WIND ENERGY (§§ 38-30.7-101 — 38-30.7-106) › Section 38-30.7-106 - Wind-powered energy generation facilities inclusion of light-mitigating technology - requirement - enforcement - definitions

(1)
(a)
Subject to subsection (1)(b) of this section and subject to approval from the FAA for the installation of approved light-mitigating technology, for any new wind-powered energy generation facility that is subject to local 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 (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, consistent with FAA requirements or other applicable federal agency requirements, of the light-mitigating technology at the new facility.
(2)
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 to comply with 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 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.
(3)
If the board has exercised its authority to enact an ordinance or resolution to impose civil penalties pursuant to section
30-11-130
and determines that an owner or operator of a wind-powered energy generation facility was required to, but failed to, comply with this section, the board may impose a civil penalty on the owner or operator of the new facility in the amount of one thousand dollars per day.
(4)
This section does not apply to wind-powered energy generation facilities used solely for purposes of research and testing.
(5)
As used in this section, unless the context otherwise requires:
(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.
(b)
"Board" means the board of county commissioners in the county in which a wind-powered energy generation facility is located or will be located.
(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".
(e)
"Local government" means a county or a home rule or statutory city, town, territorial charter city, or city and county.
(f)
"Wind-powered energy generation facility" or "facility" means a facility used in the generation of electricity by means of turbines or other devices that capture and employ the kinetic energy of the wind.
Added by 2022 Ch. 462, § 1, eff. 8/10/2022.
2022 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).