Senate Bill 2057

AN ACT TO PROHIBIT THE USE OF WIND POWER DEVICES OVER ONE HUNDRED FIFTY FEET IN HEIGHT IF THE DEVICE IS LOCATED WITHIN ONE HUNDRED SQUARE MILES IN WHICH ELEVEN OR MORE BIRD BANDS HAVE BEEN COLLECTED IN THE PREVIOUS TEN YEARS; TO DEFINE TERMS; TO PROVIDE EXCEPTIONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) For the purposes of this section, the following terms shall have the meanings ascribed herein unless context clearly requires otherwise:

(a) "Bird band" means a federal bird band, auxiliary marker or color marker that is:

(i) Placed on a bird's leg;

(ii) Used to study and identify individual birds; and

(iii) Reported to the United States Geological Survey if the bird is found or killed.

(b) "Wind power device" means a device, including a windmill, wind farm or wind turbine, that is designed to use the kinetic energy of moving air to provide mechanical energy or to produce electricity.

(2) On and after the effective date of this act, a wind power device is prohibited from exceeding one hundred fifty (150) feet in height if the wind power device is located within an area that is one hundred (100) square miles in which eleven (11) or more bird bands have been collected in the previous ten (10) years.

(3) This section shall not apply to a wind farm or wind power device if the wind farm or wind power device is under construction or is in operation before July 1, 2026.

SECTION 2. This act shall take effect and be in force from and after July 1, 2026.