BILL NUMBER: AB 511	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 4, 2012
	AMENDED IN ASSEMBLY  APRIL 13, 2011
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Yamada
    (   Principal coauthor:   Assembly Member
  Halderman   ) 

                        FEBRUARY 15, 2011

   An act to add  and repeal  Section 21417  to
  of  the Public Utilities Code, relating to
aviation.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 511, as amended, Yamada. Aeronautics: meteorological towers.
   (1) Existing law, the State Aeronautics Act, governs aeronautics
in this state. One of the purposes of the act is to further and
protect the public interest in aeronautics and aeronautical progress
by fostering and promoting safety in aeronautics.
   This bill  , until January 1, 2018,  would require a
meteorological tower, as defined, to be marked as prescribed  if
the tower is located on prime agricultural land, as defined, or is
within one mile of prime agricultural land, and erected after January
1, 2013   . The bill would authorize a   local
agency to incorporate the prescribed markings into any applicable
land use permit the agency administers. The bill would prohibit these
provisions from being construed as authorizing a local agency to req
  uire a new permit that applies to a meteorological tower.
The bill also would require these provisions to supersede any
conflicting local permitting requirements  .
    Because any violation of the State Aeronautics Act is a crime and
the provisions of the bill would be within the act, this bill would
impose a state-mandated local program by creating a new crime.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21417 is added to the Public Utilities Code, to
read:
   21417.  (a) As used in this section, the following terms have the
following meanings:
   (1) "Meteorological instrument" means an instrument for measuring
and recording the speed of the wind.
   (2) "Meteorological tower" means a structure, including all guy
wires and accessory facilities, on which a meteorological instrument
is mounted for the purposes of documenting whether a site has wind
resources sufficient for the operation of a wind turbine generator.

   (3) "Prime agricultural land" means land that satisfies the
requirements of paragraph (1), (2), or (4) of subdivision (c) of
Section 51201 of the Government Code. 
   (b) A meteorological tower below 200 feet in height and above 50
feet in height  that is located on prime agricultural land, or
within one mile of prime agricultural land, and erected after January
1, 2013,  shall be marked as follows:
   (1) The full length of the meteorological tower shall be painted
 seven   in  equal, alternating bands of
aviation orange and white, beginning with orange at the top of the
tower and ending with orange at the bottom of the marked portion of
the tower.  The bands shall be between 20 and 30 feet in width.
 
   (2) Two marker balls shall be attached to and evenly spaced on
each of the outside guy wires.  
   (3) The area surrounding each point where a guy wire is anchored
to the ground shall have a contrasting appearance with any
surrounding vegetation. If the adjacent land is grazed, the area
surrounding the anchor point shall be fenced. For the purposes of
this paragraph, "area surrounding the anchor point" means an area not
less than 64 square feet whose outer boundary is at least four feet
from the anchor point.  
   (2) Two or more high visibility spherical marker balls, also
called cable balls, that are aviation orange shall be attached to
each outside guy wire that is connected to a meteorological tower.
 
   (4) 
    (3)  One or more seven-foot  high visibility 
safety sleeves shall be placed at each anchor point and shall extend
from the anchor point along each guy wire attached to the anchor
point. 
   (5) A red flashing obstruction light shall be affixed to the
highest point on the tower and operate continuously, or at a minimum,
when the northern sky illuminance reaching a vertical surface falls
below 35 foot-candles (367.7 lux).  
   (c) A light may be affixed to the highest point on a
meteorological tower as an additional option for the marking of the
meteorological tower.  
   (d) (1) A local agency may incorporate any requirements of this
section into any applicable land use permit that the agency
administers.  
   (2) This section shall not be construed to authorize a local
agency to require a new permit that applies to a meteorological
tower.  
   (3) To the extent that the requirements of this section conflict
with local permitting requirements, the requirements of this section
shall supersede those permitting requirements.  
   (e) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.