BILL NUMBER: AB 867 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 15, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Yamada
FEBRUARY 21, 2013
An act to add Section 21418 to amend
Section 21417 of the Public Utilities Code, relating to
aviation.
LEGISLATIVE COUNSEL'S DIGEST
AB 867, as amended, Yamada. Aeronautics: meteorological towers:
database. markings.
Existing law, the State Aeronautics Act, governs aeronautics in
this state. Existing law authorizes the Department of
Transportation to adopt, administer, and enforce rules and
regulations for the administration of the act. 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 require the department to develop a
database of these meteorological towers. 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 requi re 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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21417 of the Public
Utilities Code is amended 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 below 200 feet
in height and above 50 feet in height , 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 outside
the boundaries of an incorporated city, 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.
(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.
(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.
(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.
(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.
(d)
(e) (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)
(f) 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.
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.