BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 511| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 511 Author: Yamada (D) Amended: 6/4/12 in Senate Vote: 21 SENATE TRANSPORTATION & HOUSING COMM. : 2-7, 7/5/11 (FAIL) AYES: DeSaulnier, Gaines NOES: Harman, Huff, Kehoe, Lowenthal, Pavley, Rubio, Simitian SENATE TRANSPORTATION & HOUSING COMM. : 9-0, 6/19/12 AYES: DeSaulnier, Gaines, Harman, Kehoe, Lowenthal, Pavley, Rubio, Simitian, Wyland SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 78-0, 5/19/11 - See last page for vote SUBJECT : Aeronautics: meteorological towers SOURCE : Author DIGEST : This bill requires a meteorological tower that is between 50 and 200 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 within the Department of Transportation CONTINUED AB 511 Page 2 (Caltrans). 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 pilot 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. Existing federal law establishes the Federal Aviation Administration (FAA) within the United States Department of Transportation. The FAA is authorized 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 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.Defines "prime agricultural land" consistent with the definitions used in the California Land Conservation Act of 1965. 3.Requires MTs that are between 50 and 200 feet in height, located on prime agricultural land or within one mile of prime agricultural land and erected after January 1, 2013 to be marked as follows: A. The full length of the MT shall be painted in CONTINUED AB 511 Page 3 equal, alternating bands of aviation orange and white, beginning with orange at the top and ending with orange at the bottom. The bands shall be between 20 and 30 feet in width. B. Two or more high visibility spherical marker balls, commonly called cable balls, that are aviation orange shall be attached to each guy wire connected to a MT. C. One or more seven-foot safety sleeves shall extend from the anchor point up each guy wire. 1.At the discretion of the firm installing a MT, a red flashing obstruction light may be affixed to the highest point as an additional option for marking the MT. 2.Authorizes a local agency to incorporate any requirements of this bill into a land use permit that it administers. 3.Prohibits a local agency from requiring a new permit governing the installation of a MT. 4.Provides that the bill's provisions supersede local permitting requirements. 5.Sunsets on January 1, 2018. Background According to the author's office, this bill will protect pilots flying at low levels by requiring marking procedures for 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. CONTINUED AB 511 Page 4 When a MT is constructed 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. The author argues that the gray color of the galvanized steel towers causes them to blend in with the sky making them extremely difficult to see at 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, and 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. Comments 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 25percent 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 CONTINUED AB 511 Page 5 are unmarked. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 7/3/12) California Agricultural Aircraft Association California Agricultural Commissioners and Sealers Association Kings County Board of Supervisors ASSEMBLY FLOOR : 78-0, 05/19/11 AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Alejo, Gorell JJA:n 7/3/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED