BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 511
                                                                  Page  1

          Date of Hearing:   May 11, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 511 (Yamada) - As Amended:  April 13, 2011 

          Policy Committee:                              Business and 
          Professions  Vote:                            9-0

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              No

           SUMMARY  

          This bill requires meteorological towers (MTs) between 50 feet 
          and 200 feet in height, on which a meteorological instrument is 
          mounted to document whether a site has wind resources sufficient 
          for the operation of a wind turbine generator, to be marked as 
          specified.

           FISCAL EFFECT  

          Potential nonreimbursable costs to counties for enforcement and 
          prosecution of violations, which under the State Aeronautics Act 
          are punishable by a imprisonment of up to six months and/or a 
          fine of up to $1,000.

           COMMENTS  

           1)Background  . The Federal Aviation Administration (FAA) has 
            jurisdiction over the use of air space and regulates 
            structures over 200 feet in height, including the marking and 
            lighting of such structures to promote aviation safety. The 
            majority of MTs are 195 feet high, and thus not subject to the 
            FAA requirements. The towers are portable, anchored to the 
            ground by several guy wires, and are constructed with 
            galvanized material that is difficult to see for low-flying 
            aircraft. The increased use of MTs is related to the growing 
            interest in wind energy. 

            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...Developers 








                                                                  AB 511
                                                                  Page  2

            will discretely and quickly assemble these structures, 
            sometimes overnight, to minimize competitor discovery of 
            potential wind farm locations." 


            "On January 10, 2011, Stephen Allen, an agricultural pilot, 
            struck an unmarked 198-foot tall MT tower while flying over 
            Webb Tract in Contra 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." 

           2)Purpose  . This bill makes the marking and lighting of 50- to 
            200-foot tall MTs conform to the FAA regulations.
           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081