ND HB1095

Wind energy conversion facilities exceeding 5 megawatts that lack a certificate of site compatibility must obtain one before repowering, with variances available for impacts to exclusion and avoidance areas upon showing good cause.

"Repower" is defined as construction activities to completely or partially dismantle and replace turbine equipment at existing wind facilities that increase generation output potential or turbine height, excluding routine maintenance or component replacement.

Wind energy conversion facilities issued certificates after June 5, 2016 must install functioning light-mitigating technology systems by December 31, 2019, with commission authority to grant waivers or extensions based on technical or economic feasibility.

Wind energy conversion facilities issued certificates before June 5, 2016 must install functioning light-mitigating technology systems by December 31, 2021, with commission authority to grant waivers or extensions based on technical or economic feasibility.

All implementation, operation, and maintenance costs for light-mitigating technology systems are the sole responsibility of the wind facility owner.