BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 511
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: YAMADA
VERSION: 4/13/11
Analysis by: Michelle Leinfelder
FISCAL:YES
Hearing date: July 5, 2011
SUBJECT:
Aeronautics: meteorological towers
DESCRIPTION:
This bill requires a meteorological tower that is below 200 feet
in height and above 50 feet in height to be marked according to
specifications that are currently used by the Federal Aviation
Administration for towers exceeding 200 feet.
ANALYSIS:
Existing state law establishes the State Aeronautics Act and the
California Division of Aeronautics within the California
Department of Transportation. The purpose of the act is to
further and protect the public interest in aeronautics and
aeronautical progress in such ways as reporting accidents,
providing pilots safety and educational materials, establishing
airports, and regulating obstructions around airports. Within
the act, the state recognizes the authority of the federal
government to regulate the operation of aircraft and to control
the use of the airways. A violation of the act is a
misdemeanor, punishable by a fine of not more than one thousand
dollars, or by imprisonment of not more than six months, or
both.
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. Under the Code of
Federal Regulations, a sponsor proposing any type of
construction or alteration of a structure that may affect the
National Airspace System is required to notify the FAA prior to
construction of the structure. The FAA maintains an Advisory
Circular with guidelines for marking structures that exceed 200
AB 511 (YAMADA) Page 2
feet above ground level. Marking recommendations include the
use of aviation orange and white painting, markers, and
lighting.
This bill :
1)Defines a meteorological instrument as a device used to
measure and record wind speed, and it defines a
meteorological tower (MET) as a structure, including all guy
wires and accessory facilities, on which a
meteorological instrument is mounted to document whether a site
has sufficient wind to operate a wind turbine generator.
2)Requires METs that are between 50 and 200 feet in height to
have:
The full length of the tower painted in seven equal,
alternating bands of aviation orange and white, with orange
at the top and bottom;
Two evenly-spaced marker balls on the outside guy wires;
The area at which a guy wire is anchored contrasting in
appearance to the surrounding vegetation, and if the land
is grazed, fencing around the anchor point that is at least
four feet from the anchor point;
One or more seven-foot safety sleeves extending from the
anchor point up each guy wire;
A red flashing obstruction light affixed to the highest
point.
COMMENTS:
1. Purpose . According to the author, this bill will protect
pilots flying at low levels by requiring marking procedures for
METs below 200 feet that are consistent with FAA regulations for
towers exceeding 200 feet. When scouting sites for new
windmills and wind farms, renewable energy developers erect METs
to measure wind currents in different areas and look for ideal
conditions for wind power generation. These towers are usually
made of galvanized steel, just under 200 feet in height, and are
supported by several guy wires anchoring different points of the
tower to the ground. Additionally, these towers may be portable
and can be erected in a matter of hours.
Because developers usually construct these towers at heights
just below 200 feet, they avoid FAA
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requirements to paint the towers, mark their attached
structures, and affix warning
lights to alert pilots to their presence. This is especially
problematic because the METs are
very thin and gray in color, which causes them to blend in with
the sky. They are thus
nearly impossible to see at reasonable distances. In addition,
the guy wires supporting these
structures are also 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
agriculture, emergency medical and firefighting response,
mosquito abatement, and
military operations, among others.
On January 10, 2011, agricultural pilot, Stephen Allen, struck
an unmarked 198 foot tall MET
while flying over Webb Tract in Contra Costa County. Had the
tower exceeded 200
feet, the tower would have been reported to and approved by the
FAA. Witnesses stated that Mr.
Allen did not attempt to avoid the tower, indicating that he
likely did not see the tower
before striking it. Mr. Allen's accident and death prompted the
author to introduce this bill to
require markings on METs.
2. This bill provides for added safety . For the years 2000-2011,
the National Agricultural Aviation Association
reports nine tower collisions, resulting in nine fatalities, two
of which were in California. These numbers indicate that when
a tower is struck, it is nearly always a fatal accident. Three
of the collisions were with guy-wired towers under 200 feet,
with the most recent being the aforementioned collision with a
MET in Contra Costa County. Wire strikes account for more
accidents, and about 15 percent of wire strikes result in
fatality. In an effort to mitigate safety concerns, South
Dakota and Wyoming have already passed legislation to enhance
the safety of pilots who fly near METs. Additionally, Transport
Canada has recently issued an Advisory Circular for the
marking of METs.
Currently, wind energy only accounts for approximately two
percent of the country's energy production. The American
Wind Energy Association is seeking a national standard of 25
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percent renewable energy by the year 2025, and the California
Renewable Portfolio Standard requires that 33 percent
of the state's electricity come from renewable energy resources
by the year 2020. Thus, the number of METs erected to support
the growth of the wind energy industry will likely
increase, contributing to greater risk to low-level aviation
operators, particularly if the towers are unmarked.
3. Guy-wired towers are more difficult to see than free-standing
towers . This bill only requires the marking of METs
between 50 and 200 feet and does not apply to other towers in
this height range. While utility and communication towers
may also be in this height range, these
towers are generally free-standing towers. Free-standing towers
are wider than guy-wired towers and tend to be
permanent structures, and thus they are more visible.
4. FAA recommends marking METs . The FAA conducts research on the
safety and economy of tower marking and
lighting. While there are no rules governing the marking of
towers less than 200 feet, in the last several months the FAA
has been investigating the safety of these towers. On January
5, 2011, the FAA proposed guidelines for the voluntary marking
of METs and asked for comments of these proposed guidelines.
The FAA received 460 responses, and only three comments
opposed the proposed guidance.
On June 24, 2011, the FAA issued a report saying, "?The FAA
believes that voluntary marking of METs less than
200 feet above ground level in remote and rural areas enhance�s]
the visibility of these structures?." Additionally, "The FAA
is providing this information to enhance the visibility of
structures that otherwise may be difficult to see due to the
terrain and the nature of specific operations conducted
around these METs. While this guidance is not
mandatory, the FAA anticipates that in the interest of aviation
safety, developers and landowners will consider
this guidance for METs?." The guidance includes all of the
following:
Painting the entire structure in alternating bands of
aviation orange and white, starting with aviation orange at
the top of the tower and finishing with aviation orange at
the bottom of the tower.
Using eight high visibility spherical marker balls of
aviation orange color attached to the guy wires, with four
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marker balls attached to guy wires at the top of the tower
no further than 15 feet from the top wire connection to the
tower and with four marker balls at or below the mid-point
of the structure on the outer guy wires.
Using one high-visibility sleeve on each guy wire anchor
point that will reach a height well-above the vegetation
canopy and another sleeve installed on each of the outer
guy wires.
The FAA could not recommend the use of flags (instead of
marker balls) because there are not sufficient data to
support their use, saying that flags are subject to
discoloration and deterioration. Furthermore, the FAA could not
provide recommendations on the use of lighting because of lack
of data; nevertheless, the FAA acknowledged that the addition of
lights would make METs more visible and that solar lighting
was a possible option. The committee may wish to
consider amending the marking specifications of this bill to
require the three aforementioned markings in order to stay
consistent with the FAA recommendations for voluntary marking of
METs.
The committee previously heard this bill on June 21, 2011, and
at that hearing, there was discussion about restricting MET
marking requirements to only those METs in agricultural areas.
Consistent marking, however, enhances safety for low-level
aviators.
5. Enforcement . While the pending FAA guidelines for marking MTs
are voluntary, this bill effectively makes a
failure to mark METs a misdemeanor. Local law enforcement would
be responsible for enforcing this law. In addition, the
threat of liability will encourage tower owners to comply.
Assembly Votes:
Floor: 78-0
Appr: 16-0
BP&CP: 9-0
POSITIONS: (Communicated to the Committee before noon on
Wednesday, June 29,
2011)
SUPPORT: California Agricultural Aircraft Association
California Agricultural Commissioners and Sealers
Association
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California Farm Bureau Federation
Duane Harlan
Earlimart Dusters, Inc.
Frontier Agricultural Service, Inc.
John Allen
Kings County Board of Supervisors
Porter Flying Service
Precissi Flying Service
Richter Aviation
Robert J. Lessman
Ron and Debby Smith
San Joaquin County Mosquito and Vector Control
District
Solano County Mosquito Abatement District
Tri-Star Agrinautics
Wes Omoto
OPPOSED: California Wind Energy Association
First Wind
Iberdrola
Terra-Gen Power