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Legislative Year: 2021 Change

Bill Detail: SB21-149

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Title Wind Energy Facilities Sited Near Military Operations
Status Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (03/23/2021)
Bill Subjects
  • Energy
House Sponsors
Senate Sponsors R. Gardner (R)
House Committee
Senate Committee State, Veterans and Military Affairs
Date Introduced 03/01/2021

The bill requires a wind energy developer or owner to notify the
United States department of defense military aviation and installation
assurance siting clearinghouse (clearinghouse) of the new construction or
expansion of a wind energy facility if the proposed project would include
vertical construction exceeding 200 feet in height.
Upon receiving notification of a proposed project, the

clearinghouse is requested to review the proposed project to determine
whether it would have an adverse impact to military mission, training, or
operations and to notify the wind energy developer of its determination
in writing within 90 days after receiving the notice. If the clearinghouse
determines the proposed project will have no adverse impact, the
proposed project may proceed. If the clearinghouse determines that the
proposed project will have an adverse impact, the proposed project may
proceed only if the wind energy developer or owner commits to resolving
the adverse impact through the implementation of mitigation measures
that the clearinghouse identifies in its determination.
A wind energy developer or owner shall not construct a new wind
energy facility or expand an existing wind energy facility in a manner that
includes any vertical construction in excess of 50 feet in height if the
wind energy facility is located within 2 nautical miles of an active federal
military missile launch or control facility.

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