BILL ANALYSIS AB 45 Page 1 Date of Hearing: May 13, 2009 ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT Anna Marie Caballero, Chair AB 45 (Blakeslee) - As Amended: April 13, 2009 SUBJECT : Distributed generation: small wind energy systems. SUMMARY : Reenacts a lapsed authorization for local governments to provide, by ordinance, for the installation of small wind energy systems, as defined, and requires local governments that have not provided such authorization by a specified date to approve applications for small wind energy systems by right if certain conditions are met by the applicants. Specifically, this bill : 1)States that the implementation of consistent statewide standards for the installation of small wind energy systems is a matter of statewide concern, and that it is the Legislature's intent that the provisions of this bill apply to all local agencies, including, but not limited to, charter cities, charter counties, and charter cities and counties. 2)Defines "small wind energy system" as a wind energy conversion system consisting of a wind turbine, a tower, and associated controls, with a rated capacity of not more than 50 kilowatts per customer site and that will be used primarily to reduce onsite consumption of utility power. 3)Defines an "urbanized area" as any urban location that meets the definition used by the United State Department of Commerce's Bureau of Census for "urban" and includes locations with core census block groups containing at least 1,000 people per square mile and surrounding census block groups containing at least 500 people per square mile. 4)States that if a local agency chooses to regulate the installation of small wind energy systems in the jurisdiction outside of "urbanized areas" it shall adopt an ordinance and follow the procedures established in this measure. 5)Authorizes a local agency to establish a process for the issuance of conditional use permits for small wind energy systems that is consistent with the Permit Streamlining Act and the Mitigation Fee Act. AB 45 Page 2 6)States that an application for the installation of a small wind energy system submitted between July 1, 2010, and the date of the local agency's adoption of an ordinance that meets specified conditions shall be approved through a nondiscretionary administrative action by a local agency. 7)Authorizes the local agency to impose conditions on the installation of small wind energy systems that include, but are not limited to, notice, tower height, setback, view protection, aesthetics, aviation, and design safety requirements. 8)Prohibits local agencies from imposing conditions that are more restrictive than the following: a) The parcel where the system is located shall be at least one acre in size and located outside an urbanized area; b) Notice to property owners within 300 feet of the property where the system will be located; c) Tower heights for parcels of between one acre and five acres shall be no more than 100 feet, and tower heights for parcels for more than five acres shall not exceed the applicable limits established by the Federal Aviation Administration; d) Setbacks shall be no farther from the property line than the height of the system, provided that it also apply with applicable fire setback requirements; e) Noise levels for the system shall be no greater than either 60 decibels or any existing maximum noise levels, whichever is lower; f) The system shall not substantially obstruct views of adjacent property owners and shall be placed or constructed below any major ridgeline when visible from and scenic highway corridor; g) The turbine must have been approved by California Energy Commission (CEC) as qualifying under the Emerging Renewables Fund (Fund) or certified by a national program recognized and approved by CEC; AB 45 Page 3 h) The application shall include standard drawings and an engineering analysis of the tower showing compliance with the Uniform Building Code (UBC) or the California Building Standards Code (BSC), and certification by a licensed professional mechanical, structural, or civil engineer; i) The application must demonstrate that the system is designed to meet the most stringent wind requirements, and the requirements for the worst seismic class and the weakest soil class in order to be exempt from having a wet stamp; j) The system shall comply with all applicable Federal Aeronautics Administration (FAA) standards; and, aa) The application must include a line drawing of the electrical components that show conformity with the National Electric Code. 9)Authorizes the local agency to require the applicant to demonstrate that the system will be used primarily to reduce onsite consumption of utility power, and to require the applicant to inform the local electric utility service provider of intent to install the system. 10)Prohibits allowing a system to be installed where otherwise prohibited by a local coastal program, the California Coastal Commission (Coastal Commission), the Tahoe Regional Planning Agency (TRPA), the San Francisco Bay Conservation and Development Commission (BCDC), an airport land use commission, the Alquist-Priolo Earthquake Fault Zoning Act (Zoning Act), a designated scenic highway corridor, or the terms of a conservation easement, open-space easement, agricultural easement, Williamson Act contract or by listing in the National Register of Historic Places (NRHP) or the California Register of Historical Resources (CRHR). 11)States that if the governing authority of the restricted military airspace known as "R-2515" files a detailed diagram of that restricted military airspace with a local agency, and if a local agency receives an application to install a small wind energy system on a site that is within that restricted military airspace, then the local agency shall promptly forward a copy of that application to the governing authority AB 45 Page 4 of that restricted military airspace. 12)Requires the local agency to consider any written comments made by the governing authority of the restricted military airspace known as "R-2515" before acting on the application. 13)Requires the local agency to take reasonable steps to notify pest control aircraft pilots if a system is proposed in an agricultural area. 14)Authorizes a local agency to provide notice of a proposed system installation in a general circulation newspaper if the agency deems it necessary. 15)Authorizes a local agency to require a small wind energy system to be removed if it remains inoperable for 12 consecutive months. 16)States that it is the policy of the state to promote and encourage the use of distributed renewable energy systems and to limit obstacles to their use, and it is the intent of the Legislature that local agencies encourage the installation of distributed renewable energy systems by removing obstacles to, and minimizing costs of, permitting distributed renewable energy systems. EXISTING LAW provides, under the Planning and Zoning Law, for the adoption and administration of zoning laws, ordinances, and regulations by a city, county, or city and county. FISCAL EFFECT : None COMMENTS : 1)Small wind energy systems are defined under the CEC Emerging Renewables Program as "small, electricity-producing, wind-driven generating systems with a rated output of 50 kilowatts or less." These systems are a very cost-effective tool for a buyer who has adequate wind resources and adequate space. 2)The CEC Emerging Renewables Program (ERP) provides buydown subsidies to encourage the installation of small wind systems. The ERP enables small wind systems to compete as a viable distributed renewable energy resource. AB 45 Page 5 3)Several areas of the state, most notably the high desert of the Tehachapi region and the Bay-Delta, have excellent wind resources. Where adequate wind resources are readily available, small wind systems costs a consumer roughly half as much per kilowatthour (kWh) compared to photovoltaic solar systems. 4)According to the author's office, the most common challenge to small wind installations are not their cost, but rather either inadequate or overly burdensome permitting processes. In response to these permitting problems, AB 1207 (Longville), Chapter 562, Statutes of 2001, was enacted to establish standards for the installation of small wind systems and authorized local agencies to adopt small wind ordinances consistent with those standards by July 1, 2002. The bill required any jurisdiction that did not adopt an ordinance by that deadline to approve complying systems by right. The provisions of AB 1207 sunsetted on July 1, 2005. AB 45 reenacts some of the provisions of AB 1207. Specifically, AB 45 states that if a local agency chooses to regulate the installation of small wind energy systems in the jurisdiction outside of "urbanized areas" it shall adopt an ordinance and follow specific procedures identified in this measure in order to ensure that local agencies are not applying overly restrictive requirements on the installation of small wind energy systems. 5)Technical Issues : a) AB 45 for the most part tries to clarify that the provisions of this measure only apply to applications for the installation of small wind energy systems outside an urbanized area. However, there are a few parts of the bill where this distinction is unclear. The author may want to refine the measure to provide the utmost clarity on this point. b) There also seems to be some confusion on the type of permit that should be issued under the provision of this measure. The author may want to clarify if it is indeed a conditional use permit that should be issued or should the application be approved through a nondiscretionary administrative action. AB 45 Page 6 c) Currently the bill states that if a local agency has not adopted an ordinance providing for the installation of a small wind energy system located outside an urbanized area by January 1, 2010, the local agency must, if it chooses to adopt its own ordinance, comply with the requirements of this measure. The author may want to extend this timeline to allow local agencies more of an opportunity to create their own ordinance prior to this bill taking effect. REGISTERED SUPPORT / OPPOSITION : Support None on file Opposition None on file Analysis Prepared by : Katie Kolitsos / L. GOV. / (916) 319-3958