BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 867
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          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  








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               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))









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          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  








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            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. 
             








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            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.  
             









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            "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  








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            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