BILL ANALYSIS �
AB 511
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Date of Hearing: April 26, 2011
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 511 (Yamada) - As Amended: April 13, 2011
SUBJECT : Aeronautics: meteorological towers.
SUMMARY : Requires meteorological towers (MTs) to be marked as
specified. Specifically, this bill :
1)Requires MTs between 50 and 200 feet in height 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 marker balls shall be attached to and evenly spaced
on each of the outside guy wires;
c) The area surrounding a guy wire anchored to the ground
shall be in contrast to surrounding vegetation, and shall
be fenced if adjacent land is grazed;
d) At least one seven-foot safety sleeve shall be placed at
each anchor point, along the guy wire, as specified; and,
e) A red flashing obstruction light shall be affixed to the
highest point on the MT and operate continuously, or at a
minimum, when the northern sky illuminance reaching a
vertical surface falls below 35 foot-candles.
2)Creates the following definitions:
a) "Meteorological instrument" to mean an instrument for
measuring and recording the speed of wind;
b) "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; and,
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c) "Area surrounding the anchor point" to mean an area not
less than 64 feet whose outer boundary is at least four
feet from the anchor point.
EXISTING STATE LAW establishes the State Aeronautics Act and the
California Division of Aeronautics under the California
Department of Transportation.
EXISTING FEDERAL LAW establishes the Federal Aviation
Administration (FAA) under the United States Department of
Transportation to make and amend general or special rules,
regulations, procedures, and minimum standards consistent with
federal legislation governing aeronautics.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office, "When
scouting new sites for new windmills and wind farms, renewable
energy developers will erect MTs to measure wind currents in
different areas and look for ideal conditions for wind power
generation. These towers are usually made of galvanized steel,
are slightly less than 200 feet high, and have several guy wires
anchoring different points of the tower to the ground.
Developers will discretely and quickly assemble these
structures, sometimes overnight, to minimize competitor
discovery of potential wind farm locations.
"Because developers construct these towers at heights just below
200 feet, they avoid requirements by FAA to paint the towers,
mark their attached structures, and affix warning lights to
alert pilots to the presence of these towers. This is
problematic because the grey color of the galvanized steel
towers causes them to blend in with the sky, making them
extremely difficult to see at any great distance. In addition,
the guy wires supporting these structures are nearly invisible
unless a pilot has already reached a dangerously close distance.
"These visibility issues have caused problems for pilots of
low-flying aircraft used for purposes such as agriculture,
emergency response, and mosquito abatement. On January 10,
2011, Stephen Allen, an agricultural pilot, struck an unmarked
198-foot tall MT tower while flying over Webb Tract in Contra
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Costa County. Had the tower been two feet taller, FAA would
have required the tower be marked with paint and lights.
Witnesses stated that Allen did not attempt to avoid the tower,
indicating that Allen likely did not see the tower before
striking it."
Background . FAA has jurisdiction over use of air space and
regulates structures over 200 feet in height. The FAA has
issued Advisory Circulars (ACs) on obstruction marking and
lighting to promote aviation safety. In particular, a Notice of
Proposed Rule Making (Docket No: FAA 2010-1326) revised an AC on
Obstruction Marking and Lighting to include guidance for MTs.
The majority of MTs are usually 195 feet long and fall
underneath the height limit that triggers FAA notification
requirements, regulations, and their impact on navigable
airspace.
The increased presence of MTs is due to the growing interest in
renewable energy and wind turbines. The towers are portable,
temporary, and often set up within hours, installed with guy
wires and constructed from galvanized material that makes it
difficult to see. The unmarked, unlit MTs are erected on short
notice can pose a safety hazard to low-flying pilots. While the
AC specifically referred to the safety impact on low-level
agricultural pilots, low-flying aircraft pilot flying below 200
feet also include: law enforcement, military, emergency and
medical, and firefighting. The law enforcement and emergency
pilots fly during the day and night, and would rely on lighting
markers on the towers at night. Because MTs are below 200 feet,
FAA does not track or count MTs, although FAA has received
complaints about safety impacts that MTs present. Since
compliance with the AC is voluntary, states must pass
legislation relating to marking MTs under 200 feet. Currently,
local municipalities and zoning administrators issue common land
use permits for MTs.
This bill proposes marking MTs similar to the FAA guidelines
issued in the AC.
REGISTERED SUPPORT / OPPOSITION :
Support
AB 511
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None on file.
Opposition
None on file.
Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916)
319-3301