BILL NUMBER: AB 511	CHAPTERED
	BILL TEXT

	CHAPTER  182
	FILED WITH SECRETARY OF STATE  AUGUST 27, 2012
	APPROVED BY GOVERNOR  AUGUST 27, 2012
	PASSED THE SENATE  JULY 6, 2012
	PASSED THE ASSEMBLY  AUGUST 9, 2012
	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 of the Public Utilities
Code, relating to aviation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 511, 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 require 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.


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
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 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.
   (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.
   (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.