Amended in Assembly April 15, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 867

Introduced by Assembly Member Yamada

February 21, 2013

An act to begin delete add Section 21418 to end delete begin insert amend Section 21417 of end insert the Public Utilities Code, relating to aviation.

LEGISLATIVE COUNSEL’S DIGEST

AB 867, as amended, Yamada. Aeronautics: meteorological towers: begin delete database. end delete begin insert markings. end insert

Existing law, the State Aeronautics Act, governs aeronautics in this state. begin delete Existing law authorizes the Department of Transportation to adopt, administer, and enforce rules and regulations for the administration of the act. end delete The act, until January 1, 2018, requires 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.

This bill would begin delete require the department to develop a database of these meteorological towers. end delete begin insert instead apply these marking requirements to a meteorological tower that is located outside the boundaries of an incorporated city, on prime agricultural land, or within one mile of prime agricultural land, and would also require a meteorological tower to be marked with a flashing light, as prescribed. For a meteorological tower erected before January 1, 2013, this bill would require the tower to comply with these marking requirements by January 1, 2015, or when the tower is lowered and then raised for maintenance or other purposes, whichever is sooner. For a meteorological tower erected between January 1, 2013, and December 31, 2013, that is located on prime agricultural land or within one mile of prime agricultural land, this bill would require the tower to be marked according to existing requirements and would require the tower to also be marked with a flashing light by January 1, 2015, or when the tower is lowered and then raised for maintenance or other purposes, whichever is sooner. This bill would expand the marking requirements for meteorological towers erected between January 1, 2013, and December 13, 2013, to encompass towers located outside the boundaries of an incorporated city. end insert

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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.

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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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 21417 of the end insert begin insert Public Utilities Code end insert begin insert is
amended to read: end insert

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 begin insert below 200 feet in
height and above 50 feet in height end insert , 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 begin delete below 200 feet in height and above
50 feet in height end delete that is located begin insert outside the boundaries of an
incorporated city, end insert on prime agricultural land, or within one mile
of prime agricultural land, begin delete and erected after January 1, 2013, end delete 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.

begin delete

(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.

end delete begin insert

(4) A flashing light that is visible to the naked eye in clear
weather conditions from a distance of 2,000 feet, and also visible
at night with night vision equipment, shall be placed at the highest
point on the tower.

end insert begin insert

(c) A meteorological tower erected before January 1, 2013,
shall comply with the requirements of subdivision (b) by January
1, 2015, or when the tower is lowered and then raised for
maintenance or other purposes, whichever is sooner.

end insert begin insert

(d) (1) Except as provided in paragraph (2), a meteorological
tower erected between January 1, 2013, and December 31, 2013,
that is located on prime agricultural land, or within one mile of
prime agricultural land, shall be marked in the manner described
in paragraphs (1) to (3), inclusive, of subdivision (b), and a light
may be affixed to the highest point on the meteorological tower
as an additional option for the marking of the meteorological
tower.

end insert begin insert

(2) A meteorological tower erected between January 1, 2013,
and December 31, 2013, that is located outside the boundaries of
an incorporated city, on prime agricultural land, or within one
mile of prime agricultural land, shall be marked in the manner
described in paragraphs (1) to (4), inclusive, of subdivision (b) by
January 1, 2015, or when the tower is lowered and then raised for
maintenance or other purposes, whichever is sooner.

end insert begin delete

(d)

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begin insert (e) end insert  (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.

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(e)

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begin insert (f) end insert  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.

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begin insert SEC. 2. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

Section 21418 is added to the Public Utilities
Code, to read:

21418.  

The department shall develop a database of
meteorological towers, as defined in Section 21417.

end delete