BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
45 (Blakeslee)
Hearing Date: 08/17/2009 Amended: 07/23/2009
Consultant: Brendan McCarthy Policy Vote: LG 4-1, EQ 4-2
AB 45 (Blakeslee)
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BILL SUMMARY: This bill allows local jurisdictions that have not
already adopted an ordinance relating to the installation of
small wind energy systems in non-urbanized areas to do so, but
under specified conditions. The bill would not apply to
jurisdictions that have adopted their own ordinance by January
2011.
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2014-15 2015-16 Fund
Energy Commission data $25 $25 $50 General
*
collection and reporting
* Energy Resources Program Account.
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STAFF COMMENTS:
Current law, the Planning and Zoning Law, requires cities and
counties to adopt general plans that include mandated elements
(such as land use, safety, and others). The law also requires
cities and counties to adopt zoning ordinances regulating land
use within their jurisdictions.
AB 45 defines a small wind energy system as a wind turbine,
tower, and control system with a capacity of less than 50
kilowatts per site that will be used primarily to reduce onsite
energy use.
The bill provides that local jurisdictions that have not adopted
their own ordinance for the installation of small wind energy
systems outside of urbanized areas by January 2011 may adopt
such an ordinance thereafter, but the ordinance must reflect
specified conditions included in the bill. Local jurisdictions
that have adopted their own ordinance before January 2011 are
exempt.
In general, the bill allows local jurisdictions to place
conditions on the installation of wind energy systems that are
AB 45 (Blakeslee)
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no more restrictive than conditions set out it the bill -
including conditions on the maximum allowable tower height (up
to 80 or 100 feet depending on the parcel size), setback
requirements from property lines, maximum decibel levels (60
decibels), notification to nearby property owners, protection of
views for local property owners, standards for wind turbines,
structural standards for the tower, and other conditions. The
bill also requires that the installation of small wind energy
systems shall not be permitted in specified areas if existing
laws or regulations prohibit the installation (for example in
the coastal zone, close to airports, etc.).
The bill also requires the California Energy Commission to
collect data on the number of local ordinances adopted pursuant
to the bill, the number of applications made to local
jurisdictions, and information about systems installed under the
bill. The bill requires the Commission to the report to the
Legislature by January 2016 with this information and
recommendations on the potential continuation, modification, or
termination of the bill.
The bill will sunset in January 2017.
Because the bill is permissive on local jurisdictions, there is
no reimbursable state mandate cost to the bill. Committee staff
estimates that the cost to the Energy Commission to gather the
information and develop the report required under the bill will
take about 25 percent of one personnel year to collect
information and 50 percent of one personnel year to develop the
report.
AB 1207 (Longville, 2001) allows cities and counties to adopt an
ordinance for permitting small wind energy systems outside
urbanized areas. If a local jurisdiction does not adopt its own
ordinance, it is required to approve applications for the
development of small wind energy systems under 11 conditions set
out in statute. AB 1207 sunset in 2005