HF 2147 (LSB 6027YH (2) 83)

HOUSE FILE 2147

BY  FREVERT

A BILL FOR

An Act requiring airport notification and a determination regarding the existence of an airport hazard prior to the construction of a wind energy system within specified distances.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 329.10, Code 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  a.  Airport zoning regulations adopted under this chapter, and zoning ordinances adopted under chapters 335 and 414, shall require any person desiring to construct a wind energy system to notify an airport located within five miles of the proposed construction site of the proposed construction prior to commencing construction, and to ascertain that the proposed construction does not constitute an airport hazard.
   b.  For the purposes of this section, “wind energy system” means a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics.
EXPLANATION
   This bill provides that airport zoning regulations adopted under Code chapter 329, and zoning ordinances adopted under Code chapters 335 and 414 by a city and a county, respectively, shall require any person desiring to construct a wind energy system to notify an airport located within five miles of the proposed construction site of the proposed construction prior to commencing construction. The bill also provides that the person prior to construction shall ascertain that the proposed construction does not constitute an airport hazard. Code section 329.1, subsection 2, defines an airport hazard to mean any structure or tree or use of land which would exceed specified federal obstruction standards and which obstructs the air space required for the flight of aircraft and landing or take-off at an airport or is otherwise hazardous to such landing or taking off of aircraft.
   The bill defines a wind energy system to mean a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics.