BILL ANALYSIS
AB 45
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Date of Hearing: May 13, 2009
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Anna Marie Caballero, Chair
AB 45 (Blakeslee) - As Amended: April 13, 2009
SUBJECT : Distributed generation: small wind energy systems.
SUMMARY : Reenacts a lapsed authorization for local governments
to provide,
by ordinance, for the installation of small wind energy systems,
as defined, and requires local governments that have not
provided such authorization by a specified date to approve
applications for small wind energy systems by right if certain
conditions are met by the applicants. Specifically, this bill :
1)States that the implementation of consistent statewide
standards for the installation of small wind energy systems is
a matter of statewide concern, and that it is the
Legislature's intent that the provisions of this bill apply to
all local agencies, including, but not limited to, charter
cities, charter counties, and charter cities and counties.
2)Defines "small wind energy system" as a wind energy conversion
system consisting of a wind turbine, a tower, and associated
controls, with a rated capacity of not more than 50 kilowatts
per customer site and that will be used primarily to reduce
onsite consumption of utility power.
3)Defines an "urbanized area" as any urban location that meets
the definition used by the United State Department of
Commerce's Bureau of Census for "urban" and includes locations
with core census block groups containing at least 1,000 people
per square mile and surrounding census block groups containing
at least 500 people per square mile.
4)States that if a local agency chooses to regulate the
installation of small wind energy systems in the jurisdiction
outside of "urbanized areas" it shall adopt an ordinance and
follow the procedures established in this measure.
5)Authorizes a local agency to establish a process for the
issuance of conditional use permits for small wind energy
systems that is consistent with the Permit Streamlining Act
and the Mitigation Fee Act.
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6)States that an application for the installation of a small
wind energy system submitted between July 1, 2010, and the
date of the local agency's adoption of an ordinance that meets
specified conditions shall be approved through a
nondiscretionary administrative action by a local agency.
7)Authorizes the local agency to impose conditions on the
installation of small wind energy systems that include, but
are not limited to, notice, tower height, setback, view
protection, aesthetics, aviation, and design safety
requirements.
8)Prohibits local agencies from imposing conditions that are
more restrictive than the following:
a) The parcel where the system is located shall be at least
one acre in size and located outside an urbanized area;
b) Notice to property owners within 300 feet of the
property where the system will be located;
c) Tower heights for parcels of between one acre and five
acres shall be no more than
100 feet, and tower heights for parcels for more than five
acres shall not exceed the applicable limits established by
the Federal Aviation Administration;
d) Setbacks shall be no farther from the property line than
the height of the system, provided that it also apply with
applicable fire setback requirements;
e) Noise levels for the system shall be no greater than
either 60 decibels or any existing maximum noise levels,
whichever is lower;
f) The system shall not substantially obstruct views of
adjacent property owners and shall be placed or constructed
below any major ridgeline when visible from and scenic
highway corridor;
g) The turbine must have been approved by California Energy
Commission (CEC) as qualifying under the Emerging
Renewables Fund (Fund) or certified by a national program
recognized and approved by CEC;
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h) The application shall include standard drawings and an
engineering analysis of the tower showing compliance with
the Uniform Building Code (UBC) or the California Building
Standards Code (BSC), and certification by a licensed
professional mechanical, structural, or civil engineer;
i) The application must demonstrate that the system is
designed to meet the most stringent wind requirements, and
the requirements for the worst seismic class and the
weakest soil class in order to be exempt from having a wet
stamp;
j) The system shall comply with all applicable Federal
Aeronautics Administration (FAA) standards; and,
aa) The application must include a line drawing of the
electrical components that show conformity with the
National Electric Code.
9)Authorizes the local agency to require the applicant to
demonstrate that the system will be used primarily to reduce
onsite consumption of utility power, and to require the
applicant to inform the local electric utility service
provider of intent to install the system.
10)Prohibits allowing a system to be installed where otherwise
prohibited by a local coastal program, the California Coastal
Commission (Coastal Commission), the Tahoe Regional Planning
Agency (TRPA), the San Francisco Bay Conservation and
Development Commission (BCDC), an airport land use commission,
the Alquist-Priolo Earthquake Fault Zoning Act (Zoning Act), a
designated scenic highway corridor, or the terms of a
conservation easement, open-space easement, agricultural
easement, Williamson Act contract or by listing in the
National Register of Historic Places (NRHP) or the California
Register of Historical Resources (CRHR).
11)States that if the governing authority of the restricted
military airspace known as "R-2515" files a detailed diagram
of that restricted military airspace with a local agency, and
if a local agency receives an application to install a small
wind energy system on a site that is within that restricted
military airspace, then the local agency shall promptly
forward a copy of that application to the governing authority
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of that restricted military airspace.
12)Requires the local agency to consider any written comments
made by the governing authority of the restricted military
airspace known as "R-2515" before acting on the application.
13)Requires the local agency to take reasonable steps to notify
pest control aircraft pilots if a system is proposed in an
agricultural area.
14)Authorizes a local agency to provide notice of a proposed
system installation in a general circulation newspaper if the
agency deems it necessary.
15)Authorizes a local agency to require a small wind energy
system to be removed if it remains inoperable for 12
consecutive months.
16)States that it is the policy of the state to promote and
encourage the use of distributed renewable energy systems and
to limit obstacles to their use, and it is the intent of the
Legislature that local agencies encourage the installation of
distributed renewable energy systems by removing obstacles to,
and minimizing costs of, permitting distributed renewable
energy systems.
EXISTING LAW provides, under the Planning and Zoning Law, for
the adoption and administration of zoning laws, ordinances, and
regulations by a city, county, or city and county.
FISCAL EFFECT : None
COMMENTS :
1)Small wind energy systems are defined under the CEC Emerging
Renewables Program as "small, electricity-producing,
wind-driven generating systems with a rated output of 50
kilowatts or less." These systems are a very cost-effective
tool for a buyer who has adequate wind resources and adequate
space.
2)The CEC Emerging Renewables Program (ERP) provides buydown
subsidies to encourage the installation of small wind systems.
The ERP enables small wind systems to compete as a viable
distributed renewable energy resource.
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3)Several areas of the state, most notably the high desert of
the Tehachapi region and the Bay-Delta, have excellent wind
resources. Where adequate wind resources are readily
available, small wind systems costs a consumer roughly half as
much per kilowatthour (kWh) compared to photovoltaic solar
systems.
4)According to the author's office, the most common challenge to
small wind installations are not their cost, but rather either
inadequate or overly burdensome permitting processes. In
response to these permitting problems, AB 1207 (Longville),
Chapter 562, Statutes of 2001, was enacted to establish
standards for the installation of small wind systems and
authorized local agencies to adopt small wind ordinances
consistent with those standards by July 1, 2002. The bill
required any jurisdiction that did not adopt an ordinance by
that deadline to approve complying systems by right. The
provisions of AB 1207 sunsetted on July 1, 2005. AB 45
reenacts some of the provisions of AB 1207. Specifically, AB
45 states that if a local agency chooses to regulate the
installation of small wind energy systems in the jurisdiction
outside of "urbanized areas" it shall adopt an ordinance and
follow specific procedures identified in this measure in order
to ensure that local agencies are not applying overly
restrictive requirements on the installation of small wind
energy systems.
5)Technical Issues :
a) AB 45 for the most part tries to clarify that the
provisions of this measure only apply to applications for
the installation of small wind energy systems outside an
urbanized area. However, there are a few parts of the bill
where this distinction is unclear. The author may want to
refine the measure to provide the utmost clarity on this
point.
b) There also seems to be some confusion on the type of
permit that should be issued under the provision of this
measure. The author may want to clarify if it is indeed a
conditional use permit that should be issued or should the
application be approved through a nondiscretionary
administrative action.
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c) Currently the bill states that if a local agency has not
adopted an ordinance providing for the installation of a
small wind energy system located outside an urbanized area
by January 1, 2010, the local agency must, if it chooses to
adopt its own ordinance, comply with the requirements of
this measure. The author may want to extend this timeline
to allow local agencies more of an opportunity to create
their own ordinance prior to this bill taking effect.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Katie Kolitsos / L. GOV. / (916)
319-3958