BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 45
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          ASSEMBLY THIRD READING
          AB 45 (Blakeslee)
          As Amended  April 13, 2009
          Majority vote

           LOCAL GOVERNMENT    6-0                                         
           
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          |Ayes:|Caballero, Knight,        |     |                          |
          |     |Arambula, Davis, Duvall,  |     |                          |
          |     |Skinner                   |     |                          |
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           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  








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            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.

          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  








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               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 or certified by a national program  
               recognized and approved by CEC;

             h)   The application shall include standard drawings and an  
               engineering analysis of the tower showing compliance with  
               the Uniform Building Code or the California Building  
               Standards Code, 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  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, the Tahoe Regional Planning Agency, the San  
            Francisco Bay Conservation and Development Commission, an  
            airport land use commission, the Alquist-Priolo Earthquake  
            Fault 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 or the California  
            Register of Historical Resources.









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          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  
            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  :  Small wind energy systems are defined under the CEC  
          Emerging Renewables Program (ERP) 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  








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          and adequate space.

          ERP provides buy down subsidies to encourage the installation of  
          small wind systems, and enables small wind systems to compete as  
          a viable distributed renewable energy resource.

          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  
          kilowatt hour compared to photovoltaic solar systems.

          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.  This bill  
          reenacts some of the provisions of AB 1207.  Specifically, this  
          bill 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.

           
          Analysis Prepared by  :    Katie Kolitsos / L. GOV. / (916)  
          319-3958


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