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H 146

WIND ENERGY CONVERSION SYSTEMS – Adds to existing law to require the installation of light-mitigating technology systems on wind energy conversion systems.

68th Legislature, 1st Regular Session (2025)

Idaho requires new and existing commercial wind farms to obtain FAA approval and install light-mitigating lighting systems to reduce obstruction lighting while maintaining aircraft

Reported Signed by Governor on March 24, 2025 Session Law Chapter 153 Effective: 03/24/2025
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Bill Summary · H 146

Summary — Idaho H 146 (2025): Wind Energy Conversion Systems — Light‑Mitigating Technology Systems

Status: Enacted (Session Law Chapter 153). Signed by Governor March 24, 2025. Emergency clause — effective on passage/approval (03/24/2025). Introduced Feb 5, 2025.

Purpose

Requires commercial wind farms in Idaho to seek Federal Aviation Administration (FAA) approval and, if FAA‑approved, to install aircraft‑detection or comparable light‑mitigating lighting systems to reduce the impact of continuous obstruction lighting while maintaining aircraft conspicuity.

Key provisions

  • Adds new Section 21‑515B to Idaho Code (Chapter 5, Title 21 — Aeronautics).
  • FAA application required:
    • New wind energy conversion systems: On or after July 1, 2025, no new wind farm may commence commercial operations unless the developer/owner/operator applies to the FAA for installation of a light‑mitigating technology system that complies with federal aviation regulations (14 CFR 1.1 et seq.).
    • Existing operating wind farms: On or after January 1, 2026, any operating wind farm without such a system must apply to the FAA for installation and operation of a light‑mitigating technology system that complies with 14 CFR 1.1 et seq.
  • Installation timelines after FAA approval:
    • New projects: must install approved systems within 24 months after FAA approval.
    • Existing projects: must install approved systems within 60 months after FAA approval (as amended in the Senate).
  • Progress reporting: Developers/owners/operators approved by the FAA must report installation progress to the Idaho Transportation Department, Division of Aeronautics, in the form/manner prescribed. If installation is delayed beyond the applicable timeframe, they must provide status updates at least every three months explaining delays and current status.
  • Costs: All costs for installation, implementation, operation, and maintenance of the systems are the responsibility of the developer, owner, or operator.
  • Definitions:
    • "Light‑mitigating technology system" = aircraft detection lighting or comparable systems that reduce obstruction lighting impacts while still aiding aircraft avoidance.
    • "Wind energy conversion system" = electricity generation facility with five or more turbines 50 feet or taller, including accessory structures (substations, meteorological towers, transmission lines, etc.).

Who is affected

  • Developers, owners, and operators of commercial wind energy facilities in Idaho that meet the statutory size/height threshold.
  • Idaho Transportation Department, Division of Aeronautics (receives progress reports).
  • No direct state/local fiscal impact per the submitted fiscal note; compliance costs fall to private parties operating wind farms.

Other notes

  • Compliance is contingent on FAA approval of proposed light‑mitigating technology under applicable federal regulations.
  • Emergency clause made the law effective immediately upon the Governor’s signature (03/24/2025).

Compiled from official sources — confirm details with the bill’s official record.

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