AB 1165

This bill imposes lighting requirements on certain wind energy systems and

high-voltage transmission line towers. Under the bill, these structures must have

a light-mitigating technology system (LMTS) installed; an LMTS is triggered by

aircraft detection or otherwise reduces the impact of lighting necessary to make tall

structures conspicuous to aircraft to avoid collisions.

The bill applies to wind energy systems and high-voltage transmission line

towers that meet the criteria for which construction or alteration would be subject

to Federal Aviation Administration notice requirements, including a structure that

is more than 200 feet above ground level (utility structures). Under current law,

“wind energy system” is defined as equipment and associated facilities that convert

and then store or transfer energy from the wind into usable forms of energy.

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