BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 511|
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                                 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 
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          (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 

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               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.

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          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 

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          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

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