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


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          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.
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          ____
                            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.
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          ____

          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