Wind Energy Facilities Light-Mitigating Technology

Wind farms face lighting deadlines with extensions

Colorado requires covered wind farms to install technology that reduces lighting impacts, subject to federal approval. Covered farms need local land-use permits or are owned by independent power producers. Their first turbine’s vertical construction must begin on or after April 1, 2022. Owners or operators must apply within six months after the Federal Aviation Administration finds the facility poses no aviation hazard. They must seek approval from that agency, the Federal Communications Commission, and any other applicable federal agency. Within 24 months after all final approvals, they must install, test, and start using the technology, subject to supplier availability and federal requirements. Local governments must grant requested extensions for delayed final federal approval. They must also grant extensions when reasonable business efforts cannot overcome technology shortages or other documented circumstances outside the operator’s control. Extensions last at least 24 months; local governments can grant longer or additional extensions, with no penalties during extensions. The law takes effect immediately and covers applications and extension requests pending on or after its effective date.