165C 95th Legislative Session 955
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.