BILL ANALYSIS Ó AB 867 Page 1 Date of Hearing: April 23, 2013 ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER PROTECTION Richard S. Gordon, Chair AB 867 (Yamada) - As Amended: April 15, 2013 SUBJECT : Aeronautics: meteorological towers: markings. SUMMARY : Requires meteorological towers (MTs) located outside the boundaries of an incorporated city, or on or within one mile of prime agricultural land, to be marked, as specified, by January 1, 2015. Specifically, this bill : 1)Requires MTs located outside the boundaries of an incorporated city to be marked as follows: a) The full length of the MT shall be painted in seven equal, alternating bands of aviation orange and white, as specified; b) Two or more high visibility spherical marker balls that are aviation orange, to be attached to each outside guy wire connected to a MT; c) One or more seven-foot high visibility safety sleeve shall be placed at each anchor point, along the guy wire, as specified; and, d) A flashing light visible to the naked eye in clear weather conditions from a distance of 2,000 feet and at night with night vision equipment, to be placed at a MT's highest point. 2)Requires MTs to comply with all marking requirements by January 1, 2015 or when the MT is lowered and then raised for maintenance purposes, whichever is sooner. The compliance schedule is as follows: a) Requires a MT erected before January 1, 2013, to comply with all MT marking requirements by January 1, 2015 or when the MT is lowered and then raised for maintenance purposes, whichever is sooner; b) Requires a MT located on or within one mile of prime AB 867 Page 2 agricultural land, erected between January 1, 2013 and December 31, 2013, to have the option of affixing a light for MTs, but must affix a flashing light by January 1, 2015 or when the MT is lowered and then raised for maintenance purposes, whichever is sooner; and, c) Requires a MT located outside an incorporated city, erected between January 1, 2013 and December 31, 2013, to comply with all MT marking requirements by January 1, 2015 or when the MT is lowered and then raised for maintenance purposes, whichever is sooner. 3)Clarifies that the term "meteorological tower" applies to towers between 50 and 200 feet in height. EXISTING LAW : 1)Specifies that the following MT marking requirements shall apply to MTs between 50 and 200 feet in height and located on or within one mile of prime agricultural land and erected after January 1, 2013: a) The full length of the MT shall be painted in seven equal, alternating bands of aviation orange and white, as specified; b) Two or more high visibility spherical marker balls that are aviation orange, to be attached to each outside guy wire connected to a MT; and, c) At least one seven-foot safety sleeve shall be placed at each anchor point, along the guy wire, as specified. (Public Utilities Code [PUC] Section 21417(b)) 2)Authorizes a light to be affixed to the highest point on the MT. (PUC 21417(c)) 3)Authorizes local agencies to incorporate any of the MT marking requirements into local land use permits and specifies that nothing shall be construed to allow a local agency to require a new permit that applies to MTs. (PUC 21417(d)) 4)Sunset the MT marking requirements on January 1, 2018. (PUC 21417(e)) AB 867 Page 3 5)Specify that if MT marking requirements conflict with local permitting requirements, that existing statutes supersede. (PUC 21417(d)) 6)Defines the following: a) "Meteorological tower" to mean a structure, including all guy wires and accessory facilities, on which an anemometer is mounted for the purposes of documenting whether a site has wind resources sufficient for the operation of a wind turbine generator; b) "Meteorological instrument" to mean an instrument for measuring and recording the speed of wind; and, c) "Prime agricultural land" to mean land that satisfies any of the following: i) All land that qualifies for rating as class I or class II in the Natural Resource Conservation Service land use capability classifications; ii) Land which qualifies for rating 80 through 100 in the Storie Index Rating; or, iii) Land planted with fruit- or nut-bearing trees, vines, bushes, or crops which have a nonbearing period of less than five years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than $200 per acre. (PUC 21417(a)) FISCAL EFFECT : Unknown COMMENTS : 1)Purpose of this bill . This bill would expand existing MT marking requirements to apply to MTs located outside of an incorporated city, and would require nearly all MTs to be affixed with a high-visibility flashing light. While there have been no accidents involving a MT tower reported since MT marking requirements went into effect on January 1, 2013, after the passage of AB 511 (Yamada), Chapter 187, Statutes of 2012, the author contends that these additional requirements would allow emergency responders servicing those areas to fly AB 867 Page 4 more safely during the day and night, and thereby prevent injuries and fatalities. This bill is sponsored by the California Air Medical Services Association (CAMSA). 2)Author's statement . According to the author, "The requirements created by AB 511 and modeled after the Federal Aviation Administration (FAA) recommendations leave gaps in protection for certain pilots conducting low-level flight operations. Pilots flying low outside agricultural land, like those conducting mosquito vector control or air ambulance operations, do not benefit from the current marking requirements under the law. Also, the lack of lighting requirements leaves any low-flying pilot essentially blind during night operations? "AB 867 addresses the remaining gaps in marking requirements by expanding them to all MTs outside the limits of an incorporated city, requiring lights [to be] affixed to the top of the MTs, and requiring previously erected MTs to comply by January 1, 2015 or at the next maintenance that requires the lowering of a MT." 3)MTs and visibility requirements . FAA has jurisdiction over the use of air space and regulates structures over 200 feet high. The majority of MTs are usually 195 feet long and fall underneath the height limit that triggers FAA notification requirements and regulatory oversight. The increased presence of MTs is due to the growing interest in renewable energy and wind turbines. The towers are used as sensors for wind turbine operations, and are portable, temporary, often set up within hours, supported by guy wires and constructed from galvanized material that may make it difficult to see. The unmarked, unlit MTs are erected on short notice and can pose a safety hazard to low-flying pilots. While AB 511 addressed the safety impact to low-level agricultural pilots flying on or within a mile of prime agricultural land, other low-flying aircraft pilots have different concerns, including law enforcement, military, emergency and medical personnel, and firefighters. The law enforcement and emergency pilots fly during the day and night, and would rely on lit markers on the towers at night. AB 867 Page 5 AB 511 required MTs between 50 and 200 feet in height located on or within one mile of prime agricultural land and erected after January 1, 2013, to be marked as specified. AB 511 arose from a 2011 fatality involving an agricultural pilot and an unmarked MT during an aerial application during the day. While the provisions of AB 511 have only been in effect for four months, this bill attempts to expand MT marking requirements to require flashing lights and include MTs located outside incorporated cities, where emergency responders may fly helicopters during the day and night. The sponsors contend that MT lighting is important because a pilot is unable to account for the locations of MTs in a flight plan because there are no requirements for a MT owner to disclose the location of a temporary MT below 200 feet. Because MTs are below 200 feet in height, FAA does not track or count MTs, although FAA has received complaints about the safety concern that MTs create. Currently, local municipalities and zoning administrators may, and do, issue common land use permits and track MTs at their discretion, although there is no uniform requirement for counties to issue such permits. 4)Arguments in support . According to the sponsor, CAMSA, "This bill is necessary to protect emergency medical aircraft and the people onboard the aircraft, which includes the pilot, medical personnel, and possibly a patient [in critical condition], from a significant flight hazard? The goal of this bill is to prevent an accident that could injure or kill the pilot and crew of any low-flying aircraft. AB 511 is a good bill, but does not go far enough for our emergency and law enforcement personnel who fly in all regions of California and at night." According to REACH Air Medical Services, "This bill is necessary to protect our emergency aircraft, the flight crew, and our colleagues on the ground from a significant flight hazard, which is MTs. The increase of MTs in California is due to the increased interest in renewable energy and wind turbines. Unfortunately, these MTs are below the FAA 200-feet requirement for marking and lighting, and therefore have created a safety hazard to low-flying aircraft used by emergency medical services, law enforcement, and firefighting. AB 867 Page 6 "Legislation passed last year, [AB 511], only pertained to those MTs located in a dense agricultural area and only required them to be marked, not lighted." 5)Arguments in opposition . According to the California Wind Energy Association and the Independent Energy Producers Association, "[AB 511] established MT marking requirements for MTs located in agricultural areas. This measure (AB 867) seeks to expand on that carefully crafted agreement, which has been in effect for all of four months, despite the fact that nothing new has transpired? AB 867 attempts to reintroduce issues [that the author] agreed to strike during the AB 511 negotiations, despite the fact that nothing new has transpired. Specifically: "Retroactivity - AB 867 applies to all existing MTs, despite the fact that in most cases, MTs are associated with existing wind farms which are already FAA compliant? Retrofitting MTs poses a number of significant cost and logistical issues, including the possibility that local governments and interveners may object to the changes on the basis that they are inconsistent with the original permit. "Red Lights - AB 867 provides that MTs must be affixed with red flashing obstruction lights. Because MTs are often located in remote areas, few have access to power supplies and as such, affixing this type of light is infeasible. While there are solar units available, these products are expensive (rivaling the cost of the tower itself), may require additional permitting, can interfere with instrumentation used to measure wind speed and direction, and there is no practical way to ensure that the products are functioning properly due to the remote nature of the facilities (e.g., solar units are often subject to theft). Red light provisions were specifically removed from AB 511. "Applicability - The provisions in AB 511 explicitly applied only to those towers near prime agricultural land because it was determined that those had the highest likelihood of accidents, recognizing that there have been three collisions with meteorological towers in the entire United States since 2000. Further, it was acknowledged that aviation traffic in other areas, such as the high desert, was far less prevalent than aviation traffic near prime agricultural land. In addition, the sponsors of AB 867, who acknowledged that they AB 867 Page 7 simply monitored AB 511, have admitted that there has never been an accident involving one of their pilots and a MT in California. It is also worth noting that like AB 511, this measure excludes utility lines which have accounted for almost 70% of all collisions since 2000. 6)Previous Legislation . AB 511 (Yamada), Chapter 187, Statutes of 2012, requires MTs between 50 and 200 feet in height located on or within one mile of prime agricultural land and erected after January 1, 2013, to be marked as specified. REGISTERED SUPPORT / OPPOSITION : Support California Air Medical Services Association (sponsor) Air Medical Operators Association Air Methods Airborne Law Enforcement Association Association of Air Medical Services California Association for Health Services at Home CALSTAR Helicopter Association International Helicopters, Inc. REACH Air Medical Services PHI Air Medical LLC 20 private individuals Opposition California Wind Energy Association Independent Energy Producers Association Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916) 319-3301