BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 511|
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THIRD READING
Bill No: AB 511
Author: Yamada (D)
Amended: 6/4/12 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMM. : 2-7, 7/5/11 (FAIL)
AYES: DeSaulnier, Gaines
NOES: Harman, Huff, Kehoe, Lowenthal, Pavley, Rubio,
Simitian
SENATE TRANSPORTATION & HOUSING COMM. : 9-0, 6/19/12
AYES: DeSaulnier, Gaines, Harman, Kehoe, Lowenthal,
Pavley, Rubio, Simitian, Wyland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 78-0, 5/19/11 - See last page for vote
SUBJECT : Aeronautics: meteorological towers
SOURCE : Author
DIGEST : 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
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(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.
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
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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.
1.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.
2.Authorizes a local agency to incorporate any requirements
of this bill into a land use permit that it administers.
3.Prohibits a local agency from requiring a new permit
governing the installation of a MT.
4.Provides that the bill's provisions supersede local
permitting requirements.
5.Sunsets on January 1, 2018.
Background
According to the author's office, 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.
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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.
Comments
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
25percent 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
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are unmarked.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 7/3/12)
California Agricultural Aircraft Association
California Agricultural Commissioners and Sealers
Association
Kings County Board of Supervisors
ASSEMBLY FLOOR : 78-0, 05/19/11
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel P�rez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Alejo, Gorell
JJA:n 7/3/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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