165C 95th Legislative Session 955

2020 South Dakota Legislature

Senate Bill 165

AMENDMENT 165C FOR THE INTRODUCED BILL

Introduced by: Senator Steinhauer

An Act to require all wind energy facilities to include an aircraft detection lighting system or lighting mitigation system and to provide a penalty therefor.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 49-41B-25.2 be AMENDED:

49-41B-25.2. Wind energy facility to include aircraft detection lighting system--Civil penalty--Effective date postponed for certain wind energy facilities.

For any Any wind energy facility that receives for which a permit was granted under this chapter after July 1, 2019, the facility shall must be equipped with an aircraft detection lighting system or lighting mitigation system that meets the requirements set forth by the Federal Aviation Administration for obstruction marking and lighting in Chapter 14 of FAA Advisory Circular (AC) 70/7460-1L, "Obstruction Marking and Lighting," dated December 4, 2015. Any cost associated with the installation, operation, or maintenance of a system under this section is solely the responsibility of any owner of the wind energy facility.

The commission may grant an owner of a wind energy facility a temporary waiver from the requirements of this section if good cause is shown for a temporary delay in compliance. In the absence of such a temporary waiver being granted, the commission may impose a civil penalty against the owner of a wind energy facility for violation of this section. The amount of the civil penalty may not exceed fifteen thousand dollars per month of violation. Any civil penalty collected pursuant to this section shall be deposited into the state general fund.

The provisions of this section do not become effective until January 1, 2024, for a wind energy facility for which a permit was granted under this chapter before July 2, 2019.

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.