BILL ANALYSIS Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair 45 (Blakeslee) Hearing Date: 08/17/2009 Amended: 07/23/2009 Consultant: Brendan McCarthy Policy Vote: LG 4-1, EQ 4-2 AB 45 (Blakeslee) Page 2 _________________________________________________________________ ____ BILL SUMMARY: This bill allows local jurisdictions that have not already adopted an ordinance relating to the installation of small wind energy systems in non-urbanized areas to do so, but under specified conditions. The bill would not apply to jurisdictions that have adopted their own ordinance by January 2011. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2010-11 2014-15 2015-16 Fund Energy Commission data $25 $25 $50 General * collection and reporting * Energy Resources Program Account. _________________________________________________________________ ____ STAFF COMMENTS: Current law, the Planning and Zoning Law, requires cities and counties to adopt general plans that include mandated elements (such as land use, safety, and others). The law also requires cities and counties to adopt zoning ordinances regulating land use within their jurisdictions. AB 45 defines a small wind energy system as a wind turbine, tower, and control system with a capacity of less than 50 kilowatts per site that will be used primarily to reduce onsite energy use. The bill provides that local jurisdictions that have not adopted their own ordinance for the installation of small wind energy systems outside of urbanized areas by January 2011 may adopt such an ordinance thereafter, but the ordinance must reflect specified conditions included in the bill. Local jurisdictions that have adopted their own ordinance before January 2011 are exempt. In general, the bill allows local jurisdictions to place conditions on the installation of wind energy systems that are AB 45 (Blakeslee) Page 2 no more restrictive than conditions set out it the bill - including conditions on the maximum allowable tower height (up to 80 or 100 feet depending on the parcel size), setback requirements from property lines, maximum decibel levels (60 decibels), notification to nearby property owners, protection of views for local property owners, standards for wind turbines, structural standards for the tower, and other conditions. The bill also requires that the installation of small wind energy systems shall not be permitted in specified areas if existing laws or regulations prohibit the installation (for example in the coastal zone, close to airports, etc.). The bill also requires the California Energy Commission to collect data on the number of local ordinances adopted pursuant to the bill, the number of applications made to local jurisdictions, and information about systems installed under the bill. The bill requires the Commission to the report to the Legislature by January 2016 with this information and recommendations on the potential continuation, modification, or termination of the bill. The bill will sunset in January 2017. Because the bill is permissive on local jurisdictions, there is no reimbursable state mandate cost to the bill. Committee staff estimates that the cost to the Energy Commission to gather the information and develop the report required under the bill will take about 25 percent of one personnel year to collect information and 50 percent of one personnel year to develop the report. AB 1207 (Longville, 2001) allows cities and counties to adopt an ordinance for permitting small wind energy systems outside urbanized areas. If a local jurisdiction does not adopt its own ordinance, it is required to approve applications for the development of small wind energy systems under 11 conditions set out in statute. AB 1207 sunset in 2005