HF 2081 (LSB 5797HH (2) 91)

HOUSE FILE 2081

BY  FISHER

A BILL FOR

An Act establishing standards for obstruction lights on wind energy conversion facilities and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  476.50  Wind energy conversion facilities —— obstruction light standards.
   1.  For purposes of this section:
   a.  “Aircraft detection lighting system” means a sensor-based system designed to detect aircraft as they approach an obstruction or group of obstructions. An aircraft detection lighting system turns an obstruction light on when an aircraft is detected or if there is a system failure, and keeps the obstruction light on until the aircraft exits the coverage area.
   b.  “Obstruction light” means a high-intensity beacon, typically red or white, installed on a tall structure to warn aircraft pilots of the structure’s presence.
   c.  “Wind energy conversion facility” means a wind energy conversion facility, as defined in section 476C.1, or a wind turbine that is part of a wind energy conversion system, that has a nameplate generating capacity greater than one hundred kilowatts.
   2.  Unless otherwise provided in this section, all obstruction lights on wind energy conversion facilities constructed on or after July 1, 2026, shall be controlled by an aircraft detection lighting system. All wind energy conversion facilities constructed prior to July 1, 2026, that utilize an obstruction light not controlled by an aircraft detection lighting system shall be altered to utilize an obstruction light controlled by an aircraft detection lighting system by January 1, 2028.
   3.  An aircraft detection lighting system required under this section must be approved by the federal aviation administration.
   4.  A wind energy conversion facility at a location where an obstruction light controlled by an aircraft detection lighting system in not appropriate due to terrain limitations, proximity to airports, visual flight rules, or military training routes is not required to utilize an aircraft detection lighting system.
   5.  The owner of a wind energy conversion facility with an obstruction light controlled by an aircraft detection lighting system shall be responsible for ensuring the aircraft detection lighting system remains continuously operational.
   6.  a.  An owner of a wind energy conversion facility in violation of this section is subject to a civil penalty, which may be levied by the commission, of not less than one hundred dollars nor more than two thousand five hundred dollars per violation.
   b.  Each day a violation continues is a separate and distinct offense. Any civil penalty may be compromised by the commission. In determining the amount of the penalty, or the amount agreed upon in a compromise, the commission may consider the appropriateness of the penalty in relation to the total number of wind energy conversion facilities the owner operates in violation of this section, the number of days a violation has occurred, and the good faith of the owner in attempting to achieve compliance following notification of a violation, and any other relevant factors.
   c.  Civil penalties collected pursuant to this section shall be forwarded by the chief operating officer of the commission to the treasurer of state to be credited to the general fund of the state.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes standards for obstruction lights on wind energy conversion facilities.
   The bill defines “aircraft detection lighting system” (ADLS) as a sensor-based system designed to detect aircraft as they approach an obstruction or group of obstructions. The bill explains that an ADLS turns an obstruction light on when an aircraft is detected or if there is a system failure, and keeps an obstruction light on until the aircraft exits the coverage area. The bill defines “obstruction light” as a high-intensity beacon, typically red or white, installed on tall structures to warn aircraft pilots of the structure’s presence. The bill defines “wind energy conversion facility” as a wind energy conversion system that collects and converts wind into energy to generate electricity, or a wind turbine that is part of a wind energy conversion system, with a nameplate generating capacity greater than 100 kilowatts.
   The bill requires all obstruction lights on wind energy conversion facilities constructed on or after July 1, 2026, to be controlled by an ADLS. The bill further requires wind energy conversion facilities constructed prior to July 1, 2026, that utilize obstruction lights not controlled by an ADLS to be altered to utilize obstruction lights controlled by an ADLS by January 1, 2028.
   The bill requires any ADLS required under the bill to be approved by the federal aviation administration.
   The bill provides that a wind energy conversion system located at a site where an obstruction light controlled by an ADLS is not appropriate due to terrain limitations, proximity to airports, visual flight rules, or military training routes is not required to utilize an ADLS.
   The bill provides that an owner of a wind energy conversion system with an obstruction light controlled by an ADLS is responsible for ensuring the ADLS remains continuously operational.
   The bill provides that an owner of a wind energy conversion facility in violation of the bill is subject to a civil penalty by the commission of not less than $100 nor more than $2,500 per violation. The bill provides that each day a violation continues is a separate and distinct offense, but allows the commission to compromise any civil penalty based on certain factors.
   The bill directs any civil penalties collected to be forwarded by the chief operating officer of the commission to the treasurer of state to be credited to the general fund of the state.