BILL ANALYSIS Ó
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 511
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: YAMADA
VERSION: 4/13/11
Analysis by: Michelle Leinfelder
FISCAL:YES
Hearing date: June 21, 2011
SUBJECT:
Aeronautics: meteorological towers
DESCRIPTION:
This bill requires a meteorological tower that is below 200 feet
in height and above 50 feet in height to be marked according to
specifications that are used by the Federal Aviation
Administration for towers exceeding 200 feet.
ANALYSIS:
Existing state law establishes the State Aeronautics Act (Act)
and the California Division of Aeronautics under the California
Department of Transportation. The purpose of the Act is to
further and protect the public interest in aeronautics and
aeronautical progress in such ways as reporting accidents,
providing pilots safety and educational materials, establishing
airports, and regulating obstructions around airports. Within
the Act, the state recognizes the authority of the federal
government to regulate the operation of aircraft and to control
the use of the airways. A violation of the Act is a
misdemeanor, punishable by a fine of not more than one thousand
dollars, or by imprisonment of not more than six months, or
both.
Existing federal law establishes the Federal Aviation
Administration (FAA) under the United States Department of
Transportation to make and amend general or special rules,
regulations, procedures, and minimum standards consistent with
federal legislation governing aeronautics. Under the Code of
Federal Regulations, a sponsor proposing any type of
construction or alteration of a structure that may affect the
National Airspace System is required to notify the FAA prior to
construction of the structure. The FAA maintains an Advisory
Circular with guidelines for marking structures that exceed 200
AB 511 (YAMADA) Page 2
feet above ground level. Marking may include the use of
aviation orange and white painting, markers, and lighting.
This bill:
1)Defines a meteorological instrument as a device used to
measure and record wind speed, and it defines a
meteorological tower (MT) as a structure, including all guy
wires and accessory facilities, on which a meteorological
instrument is mounted to document whether a site has sufficient
wind to operate a wind turbine generator.
2)Subjects MTs that are between 50 and 200 feet in height to
have a) the full length of the tower painted in seven
equal, alternating bands of aviation orange and white, with
orange at the top and bottom; b) two evenly-spaced marker balls
on the outside guy wires; c) the area at which a guy wire is
anchored contrasting in appearance to the surrounding
vegetation, and if the land is grazed, fencing around the anchor
point that is at least four feet from the anchor point; d) one
or more seven-foot safety sleeves extending from the anchor
point up each guy wire; and e) a red flashing obstruction light
affixed to the highest point.
COMMENTS:
1. Purpose . According to the author, the bill will protect
pilots flying at low levels by requiring marking procedures for
meteorological towers (MTs) below 200 feet that are consistent
with FAA regulations for towers exceeding 200 feet. When
scouting new sites for new windmills and wind farms, renewable
energy developers erect MTs to measure wind currents in
different areas and look for ideal conditions for wind power
generation. These towers are usually made of galvanized steel,
slightly less than 200 feet in height, and supported by several
guy wires anchoring different points of the tower to the ground.
Developers discretely and quickly assemble these structures,
sometimes overnight, to minimize competitor discovery of
potential wind farm locations.
Because some developers construct these towers at heights just
below 200 feet, they avoid requirements by the FAA to paint the
towers, mark their attached structures, and affix warning lights
to alert pilots to their presence. This is problematic because
the grey color of the galvanized steel towers causes them to
blend in with the sky making them extremely difficult to see at
AB 511 (YAMADA) Page 3
reasonable distances. In addition, the guy wires supporting
these structures are nearly invisible unless a pilot has
already reached a dangerously close distance. These visibility
issues have caused problems for pilots of low flying aircraft
used for agriculture, emergency medical and firefighting
response, mosquito abatement, military operations, among others.
On January 10, 2011, agricultural pilot, Stephen Allen, struck
an unmarked 198 foot tall MT while flying over Webb Tract in
Contra Costa County. Had the tower exceeded 200 feet, the tower
would have been reported to and approved by the FAA. Witnesses
stated that Mr. Allen did not attempt to avoid the tower,
indicating that he likely did not see the tower before striking
it.
2. This bill provides for added safety . For the years 2000-2011,
the National Agricultural Aviation Association
reports nine tower collisions, resulting in nine fatalities.
Three of the collisions were with guy-wired towers under 200
feet, with the most recent being the aforementioned collision
with a MT tower in Contra Costa County. In an effort to
mitigate safety concerns, South Dakota and Wyoming have already
passed legislation requiring the marking of MTs in this
height range.
Currently, wind energy only accounts for approximately two
percent of the country's energy production. The American
Wind Energy Association is seeking a national standard of 25
percent renewable energy by the year 2025, and the California
Renewable Portfolio Standard requires that 33 percent
of the state's electricity come from renewable energy resources
by the year 2020. Thus, the number of MTs erected to support
the growth of the wind energy industry will likely
increase, contributing to greater risk to low-level aviation
operators, particularly if the towers are unmarked.
Opponents to the bill question why the bill is limited to MTs
between 50 and 200 feet and does not apply to other
towers in this height range. While utility and communication
towers may also be in this height range, these types of
towers are generally free-standing towers that are wider, and
therefore easier to see, and do not require guy wire support.
3. Requirements are consistent with FAA requirements . The
marking requirements outlined in this bill comply with the
AB 511 (YAMADA) Page 4
FAA's Advisory Circular for obstruction marking and lighting of
towers exceeding 200 feet. The FAA is currently reviewing this
Advisory Circular to include guidance for the
voluntary marking of MTs that are less than 200 feet. The FAA
is
recommending that these towers be painted in accordance to the
marking criteria contained in the Advisory Circular;
and therefore, this bill would be compliant with the voluntary
marking guidelines pending before the FAA. Opponents to the
bill have expressed difficulty in implementing certain
elements of the marking requirements, but companies such as
EcoEnergy have already shown that implementation of these
markings is possible.
4. Enforcement . While the pending FAA guidelines for marking MTs
are voluntary, this bill effectively makes a
failure to mark MTs a misdemeanor. Local law enforcement would
be responsible for enforcing this law. In addition, the
threat of liability will encourage tower owners to comply.
Assembly Votes:
Floor: 78-0
Appr: 16-0
BP&CP: 9-0
POSITIONS: (Communicated to the Committee before noon on
Wednesday, June 15,
2011)
SUPPORT: California Agricultural Aircraft Association
California Agricultural Commissioners and Sealers
Association
Kings County Board of Supervisors
Wes Omoto, friend of Stephen Allen
OPPOSED: California Wind Energy Association
First Wind
Iberdrola
Terra-Gen Power