Wind facility owners must follow federal approval and lighting steps

Owners or operators must apply for federal approval and install, test, and begin operating approved light-mitigating technology. This covers new wind-power facilities subject to local land-use permitting or owned by an independent power producer, when the first turbine begins vertical construction on or after April 1, 2022. The installation is subject to approval from the Federal Aviation Administration, the Federal Communications Commission, and any other applicable federal agency. The technology must be available from its manufacturer or supplier. The equipment must meet applicable federal agency requirements. The owner or operator must apply within six months after the facility receives an FAA determination of no hazard, and must complete installation, testing, and operation within 24 months after final federal approval, unless an extension applies.

A local government may grant an owner or operator more time, and must grant an extension when specified delays are documented. The request goes to the governing body of the local government where the wind facility is located or will be located. The owner or operator must show commercially reasonable efforts and a delay caused by unavailable technology, an inability to comply within the allowed period, or another documented circumstance outside its control. A delay in final approval from the FAA, FCC, or another applicable federal agency also requires the local government to grant the extension. The local government may grant a longer extension or additional extensions when warranted. The board may not impose penalties under the cited enforcement provision during a granted extension. The act applies to applications and extension requests pending on or after its effective date; the source does not state that date.