BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 511
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: YAMADA
VERSION:
6/04/2012
Analysis by: Art Bauer FISCAL: YES
Hearing date: June 19, 2012
SUBJECT:
Aeronautics: meteorological towers
DESCRIPTION:
This bill requires a meteorological tower that is between 50 and
200 feet in height to be marked according to specifications that
are used by the Federal Aviation Administration for towers
exceeding 200 feet.
ANALYSIS:
Existing state law establishes the State Aeronautics Act (Act)
and the California Division of Aeronautics within the Department
of Transportation (Caltrans). 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 pilot 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.
Existing federal law establishes the Federal Aviation
Administration (FAA) within the United States Department of
Transportation. The FAA is authorized 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 feet above ground level. Marking may include the use
of aviation orange and white painting, markers, and lighting.
AB 511 (YAMADA) Page 2
This bill :
1)Defines a meteorological instrument as a device used to
measure and record wind speed, and it defines a meteorological
tower (MT) 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)Defines "prime agricultural land" consistent with the
definitions used in the California Land Conservation Act of
1965.
3)Requires MTs that are between 50 and 200 feet in height,
located on prime agricultural land or within one mile of prime
agricultural land and erected after January 1, 2013 to be
marked as follows:
a. The full length of the MT shall be painted in
equal, alternating bands of aviation orange and white,
beginning with orange at the top and ending with
orange at the bottom. The bands shall be between 20
and 30 feet in width.
b. Two or more high visibility spherical marker
balls, commonly called cable balls, that are aviation
orange shall be attached to each guy wire connected to
a MT.
c. One or more seven-foot safety sleeves shall
extend from the anchor point up each guy wire.
4)At the discretion of the firm installing a MT, a red flashing
obstruction light may be affixed to the highest point as an
additional option for marking the MT.
5)Authorizes a local agency to incorporate any requirements of
this bill into a land use permit that it administers.
6)Prohibits a local agency from requiring a new permit governing
the installation of a MT.
7)Provides that the bill's provisions supersede local permitting
requirements.
AB 511 (YAMADA) Page 3
8)Sunsets on January 1, 2018.
COMMENTS:
1)Purpose . According to the author, this bill will protect
pilots flying at low levels by requiring marking procedures
for MTs below 200 feet that are consistent with FAA
regulations for towers exceeding 200 feet. When scouting new
sites for new windmills and wind farms, renewable energy
developers 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, slightly
less than 200 feet in height, and supported by several guy
wires anchoring different points of the tower to the ground.
Developers discretely and quickly assemble these structures,
sometimes overnight, to minimize competitor discovery of
potential wind farm locations.
When a MT is constructed just below 200 feet, they avoid
requirements by the FAA to paint the towers, mark their
attached structures, and affix warning lights to alert pilots
to their presence. The author argues that the gray color of
the galvanized steel towers causes them to blend in with the
sky making them extremely difficult to see at reasonable
distances. 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 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 MT
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.
2)Background . The committee heard this bill last year and
defeated it on 2-9 vote. It was granted reconsideration.
Since that hearing the bill has been amended to do the
following:
AB 511 (YAMADA) Page 4
a. Restrict marking requirements only to MT sites
on agricultural land or sites within one mile of
agricultural land.
b. Remove the requirement for a contrasting
ground cover and lighting.
c. Create protection for wind power developers
from conflicts between marking requirements and local
permit requirements.
d. Add a 2018 sunset date.
These amendments have removed the opposition from the wind
power industry.
3) This bill provides for added safety . For the years 2000-2011,
the National Agricultural Aviation Association
reports nine tower collisions, resulting in nine fatalities.
Three of the collisions were with guy-wired towers under 200
feet, with the most recent being the aforementioned collision
with a MT tower in Contra Costa County. In an effort to
mitigate safety concerns, South Dakota and Wyoming have already
passed legislation requiring the marking of MTs in this
height range.
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
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 MTs 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.
4) Limits on local governments . This bill narrows local
governments' regulation of MTs in two ways. First, if there
is a conflict between local regulations and this bill, this
bill supersedes local regulations. In addition, local
governments are prohibited from developing a permit
exclusively for a MT.
5) Requirements are consistent with FAA requirements . Since
this bill was last heard in committee, the FAA has issued
AB 511 (YAMADA) Page 5
voluntary guidelines governing the marking of MTs that are
less than 200 feet in height. This bill is consistent with
the FFA guidance.
6) Agricultural land defined . When the bill was heard in
committee last year, there was considerable discussion over
exactly what constituted agricultural land. This uncertainty
contributed to the bill's defeat. The author has remedied the
by using the definitions in California Land Conservation Act
of 1965, commonly referred to as the Williamson Act.
Assembly Votes:
Floor: 78-0
Appr: 16-0
BP&CP: 9-0
POSITIONS: (Communicated to the Committee before noon on
Wednesday, June 13,
2012)
SUPPORT: California Agricultural Aircraft Association
California Agricultural Commissioners and Sealers
Association
Kings County Board of Supervisors
Wes Omoto, friend of Stephen Allen
OPPOSED: None received.