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Minutes for SB49 - Committee on Utilities
Short Title
Requiring new wind energy conversion systems to be constructed with light-mitigating technology systems.
Minutes Content for Wed, Jan 25, 2023
The Chairman opened the hearing on the bill and called upon Nick Myers for a revisor overview of the bill.
Committee questions and comments ensued expressing concern regarding the bill's effective dates and the Kansas Department of Transportation's (KDOT) reluctance to manage a waiver process as proposed in today's bills.
The Chairman called for proponent testimony on the bill.
Senator Virgil Peck stated his support for light-mitigation legislation on behalf of his constituents who have expressed concerns that the flashing red lights are the cause of disruptions in their lives including loss of enjoyment in the night country sky, loss of sleep, related headaches and unsettled animals. The Senator suggested the shortening of the 24 month extension waiver period and a change in language from "shall" to "may" in the language "KDOT shall grant a waiver."
Kimberly Svaty summarized the mission and membership make-up of the Kansas Power Alliance (KPA). Ms. Svaty explained that the Federal Aviation Administration (FAA) is the driving force behind the pursuit of light-mitigation polices, requirements, compliance and industry application determinations. She referenced two new Kansas projects currently engaged in the FAA application process and also the FAA push for industry to take action nationwide with only two vendors of the technology. She referenced concerns regarding widespread economic supply chain problems and possible market constraint issues as a justification for a 24 month period for installation upon approval. She requested other changes:
- The effective date of July 1, 2023 as opposed to the bill January 1, 2023 date.
- Instead of "waiver to KDOT" she proposed "notice to KDOT."
Ms. Svaty emphasized that the industry is interested working out the differences in an effort to meet FAA directives on this topic.
Committee questions and comments ensued discussing the following points:
- Whether a 24 month period was too long or not enough time.
- Current and expected back-log status of two vendors.
- The observation was made that a limited number of vendors with entire nation being encouraged to act could in itself be expected to cause a market restraint.
Aaron Popelka declared support for the measure to protect the property rights of the non-lease holding neighbors of installations. Mr. Popelka pointed out that the dimming technology option has not yet been approved by the FAA.
David Fisher painted the picture of 3,500 blinking required to flash every three seconds with a viable light-mitigating technology that could alleviate many concerns. He explained that the radar technology covers up to 1,000 feet up and pointed out that most planes fly above 2,000 feet. This is a range with very minimal aircraft traffic and with the technology now being deployed in Canada, Germany and the United States, studies predict a possible 97% total darkness rate. He supported the 24 month installation period because even after the project is FAA approved, the system still requires time to be developed for a specific geography.
Jackie Augustine spoke on the disruption of wildlife and pointed out that some animals are attracted to red lights, especially blinking lights. Ms. Augustine also asserted that little or no lights most of time was the best condition for wildlife.
WRITTEN-ONLY PROPONENTS:
Lori Shoemaker, Self (Attachment 8)
Michael Kolman, Self (Attachment 9)
Kelli Childs, Self (Attachment 10)
Mary Ann Finchman, Self (Attachment 11)
J.D. Lewis, ADLS (Attachment 12)
Kim Sewart, Self (Attachment 13)
Brenda Danielson, Self (Attachment 14)
Lyn Ring, Self (Attachment 15)
Zack Pistora, Sierra Club of Kansas (Attachment 16)
The Chairman called for opponent and neutral testimony.
Joel Skelley provided neutral testimony to inform the committee that his agency does not feel that KDOT is the appropriate agency to administer the oversite to the waiver program as defined in the bill.
Seeing no more testimony the Chairman closed the hearing on the bill.
