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Minutes for SB49 - Committee on Energy, Utilities and Telecommunications
Short Title
Requiring new wind energy conversion systems to be constructed with light-mitigating technology systems.
Minutes Content for Thu, Mar 16, 2023
Chairperson Delperdang opened hearing on SB49. Nick Myers proved an overview of the bill.(Attachment2). Mr. Myers responded to questions from the committee members.
Proponents:
Senator Thompson provided testimony in support of the bill and said Kansas now has close to 4,500 industrial wind turbines spread across the state and approximately 6,000 more projected to be built in the state. Senator Thompson believes the bill would provide relief for those who live near future installations and those people would know they have limited exposure to blinking lights. Senator Thompson would like to have seen a "date certain" provision in the bill that would force the Aircraft Lighting Detection System, (ALDS) systems to be installed on all existing turbines by a certain date. (Attachment3)
Senator Bowers provided testimony in support of the bill and said the bill was a product of the Senate Select Committee on Wind Turbine Lighting held in October, 2022 and two bills came out, one moving forward and one looking back, both bills were combined into SB49. Senator Bowers wanted to mention the Revisor and Researchers of their hard work Nick Myers and Lindsay Archer who helped put together the Select Committee's agenda.(Attachment4)
Josh Svaty, on behalf of Advanced Power Alliance testified in support of the bill and said the bill blends requirement to apply to the FAA for light mitigation technologies with the understanding that the FAA is the final arbiter of whether the light mitigation system can be installed. Mr Svaty said the bill requires all new wind farms to apply to the FAA for approval for installation, but would allow wind farms to continue operation if they were still required by the FAA to have conventional lighting. (Attachment5)
Jonathan Sill, Consumer testified in support of the bill and said the bill would require the owners of all future and currently operating wind farms to install a form of light mitigating system on all wind turbine towers. Mr. Sill said it is hard to describe how needed the legislation is, he said the night sky surrounding the town he lives in has forever been tarnished due to construction of Irish Creek Wind farm owned and operated by NextEra Energy. (Attachment6)
Representative Moser testified in support of the bill and said she is a resident of Marshall County, where Irish Creek wind farm system was built northwest of their family ranch in 2020. Representative Moser said the bill would be to mitigate the constant night time blinking of the red lights atop the turbines and believes installing Aircraft Detection Lighting Systems, ALDS, on wind turbines would aid in the restoration of natural twilight and nocturnal beauty to all who currently experience the distraction of red blinding lights in the evening and night sky.(Attachment7)
Senator Peck testified in support of the bill and said Kansas residents who live in the footprint of a wind farm, with the constant blinking red lights have serious issues that disrupt their sleep for humans and animals and could cause headaches for some. Senator Peck believes the 24 month time frame is excessive and would like to ask the committee to amend the bill by reducing the light mitigation technology system to be installed from 24 months down to 12 months.(Attachment8)
Zack Pistora, Kansas Sierra Club testified in support of the bill and said the bill demonstrates a good-faith response by the wind farm industry to address concerns of the visual impact of wind turbine lighting. He said a suggestion would be the industry needs to offer notice for a specific target date for retrofit for each wind project, as the public may not know when the wind farm's next new power offtake agreement would be. (Attachment9)
Jackie Garagiola, Kansas Livestock Association, (KLA) testified in support of the bill. She said the KLA believes the bill is a means to protect landowner property rights in regard to wind energy developments. Ms. Garagiola said the KLA would prefer the legislation adopt a reasonable setback distance for wind towers from homes, livestock facilities and other habitable structures in addition to the light mitigation requirements.(Attachment10)
Proponent written testimony:
Gayla Randel, Consumer (Attachment11)
Neutral:
Joel Skelley, KDOT testified as neutral on the bill and said the KDOT agency has concerns about being named the agency to receive notice of progress of the installation of the lighting system and the delay if necessary. Mr. Skelley would like to suggest that KDOT would not be the appropriate agency to engage in the repository role for the bill and that KDOT does not have interaction or interface with any of the involved stakeholders affected by the bill and would be inserted into a role where they have no strong link.(Attachment12)
There were no opponent testimony.
Chairperson Delperdang closed the hearing on SB49.
