The installation of light-mitigating technology systems on certain wind energy systems and high-voltage transmission line towers. (FE)

Current law prohibits the erection of any building, structure, tower, or other object that exceeds specified heights without a permit issued by the Department of Transportation (height permit). The bill extends this height permit requirement to any utility structure. However, DOT may not issue a height permit for a utility structure unless the applicant has received FAA approval to install an LMTS on the utility structure, and the height permit includes as a condition that the applicant install the LMTS no later than 24 months after issuance of the permit. Current DOT rules implementing height permits govern enforcement of height permit requirements and conditions, including penalties and possible revocation.

The bill requires that, beginning on July 1, 2026, with respect to a utility structure for which a height permit was not required when erected, the owner must apply for a height permit no later than July 1, 2028. Also, under the bill, beginning on July 1, 2026, if a height permit was issued for a utility structure before the effective date of the bill, DOT must amend the permit to include as a condition that the owner, no later than 24 months after the permit is amended, install an LMTS and provide documentation that the FAA approved the installation. The bill requires DOT to provide notice to the owner no later than 30 days prior to amending the permit.

The bill requires that DOT issue a notice on its website if the FAA notice requirements are amended to apply to shorter structures and requires the owner of a structure that becomes a utility structure because of this change to apply for a height permit within a specified period.

With respect to an existing utility structure that is a high-voltage transmission line tower for which a height permit was not required when erected or for which a height permit was issued when erected, if the FAA does not approve the installation of an LMTS, the bill requires the owner to provide documentation of this to the secretary of transportation. Upon receipt of this documentation, the bill provides that the permit may not include the condition that an LMTS be installed on the structure. Instead, the bill requires the secretary of transportation to include in the permit a condition that the owner install on the utility structure a lighting system that minimizes the duration or intensity of the lighting system while maintaining full compliance with FAA lighting standards.

The bill requires that a person be approved by FAA to install an LMTS on a utility structure. The bill specifies that a person who is selected to install an LMTS on a utility structure as required under the bill must provide notice to DOT and to the city, village, or town in which the utility structure is located of the progress of the installation. If the installation is delayed beyond the 24-month installation requirement, the bill requires the installer to provide an update on the reasons for the delay and the current status of the installation to DOT and the city, village, or town at least every three months. The bill allows DOT to establish policies and procedures to set a uniform schedule for submitting these notices and updates.