Bill Text: CA AB45 | 2009-2010 | Regular Session | Chaptered
Bill Title: Distributed generation: small wind energy systems.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 404, Statutes of 2009. [AB45 Detail]
Download: California-2009-AB45-Chaptered.html
BILL NUMBER: AB 45 CHAPTERED
BILL TEXT
CHAPTER 404
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 4, 2009
PASSED THE ASSEMBLY SEPTEMBER 9, 2009
AMENDED IN SENATE SEPTEMBER 2, 2009
AMENDED IN SENATE JULY 23, 2009
AMENDED IN SENATE JUNE 23, 2009
AMENDED IN SENATE JUNE 10, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Blakeslee
DECEMBER 1, 2008
An act to add and repeal Article 2.11 (commencing with Section
65893) of, and to repeal the heading of Article 2.11 (commencing with
Section 65892.13) of, Chapter 4 of Division 1 of Title 7 of the
Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 45, Blakeslee. Distributed generation: small wind energy
systems.
The California Renewables Portfolio Standard Program requires that
an electrical corporation, as defined, procure a specified minimum
percentage of electricity generated by eligible renewable energy
resources, as defined, in any given year as a specified percentage of
total kilowatthours sold to retail end-use customers each calendar
year (renewables portfolio standard), subject to specified limits.
The renewables portfolio standard requires each retail seller to
increase its total procurement of eligible renewable energy resources
by at least an additional 1% of retail sales per year so that 20% of
its retail sales are procured from eligible renewable energy
resources no later than December 31, 2010.
This bill would authorize a county to adopt an ordinance that
provides for the installation of small wind energy systems outside an
urbanized area, but within the county's jurisdiction, and to
establish a process for the issuance of conditional use permits for
these systems, subject to specified conditions. The bill would also
authorize a county to impose conditions on the installation of these
systems, but would prohibit the county from imposing conditions
relating to specified aspects of these systems that are more
restrictive than certain specified requirements of, and conditions
upon, these systems.
This bill would authorize a county that has not adopted an
ordinance providing for the installation of these systems within its
jurisdiction by January 1, 2011, to adopt an ordinance providing for
the installation of these systems within its jurisdiction at a later
date, but would require that ordinance, when adopted, to be in
accordance with a specified provision of law. The bill would
specifically exempt ordinances approved prior to January 1, 2011,
from the provisions of this article. The bill would require a county
to approve an application for the installation of one of these
systems submitted between January 1, 2011, and the date of the county'
s adoption of an ordinance that meets specified requirements through
the issuance of a ministerial permit that meets specified
requirements, if the county establishes a process for the issuance of
conditional use permits for small wind energy systems.
This bill would authorize a county to impose as a condition of
approval a requirement that a small wind energy system be removed if
it remains inoperable for 12 consecutive months, and the small wind
energy system, at that time, would be subject to nuisance codes and
code enforcement action. The bill would specify that nothing in this
article interferes with or prevents the exercise of authority by a
county to carry out its programs, projects, or responsibilities, or
affects the requirements imposed under any other provision of law.
The bill would declare that it is the policy of the state to
promote and encourage the use of distributed renewable energy systems
and to limit obstacles to their use.
The bill would require the State Energy Resources Conservation and
Development Commission to submit, on or before January 1, 2016, to
the Assembly and Senate Committees on Local Government and the
Assembly Committee on Utilities and Commerce, a report containing
specified information, including the number of applications for small
wind energy systems received and approved by the counties that have
adopted wind energy system ordinances on or after January 1, 2011.
This bill would provide that its provisions would be repealed on
January 1, 2017.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The heading of Article 2.11 (commencing with Section
65892.13) of Chapter 4 of Division 1 of Title 7 of the Government
Code is repealed.
SEC. 2. Article 2.11 (commencing with Section 65893) is added to
Chapter 4 of Division 1 of Title 7 of the Government Code, to read:
Article 2.11. Wind Energy
65893. (a) The Legislature finds and declares all of the
following:
(1) Wind energy is an abundant, renewable, and nonpolluting energy
resource.
(2) Wind energy, when converted to electricity, reduces our
dependence on nonrenewable energy resources, reduces air and water
pollution that result from conventional sources burning fossil fuels,
and reduces emissions of greenhouse gases.
(3) Distributed generation small wind energy systems also enhance
the reliability and quality of electricity delivered by the
electrical grid, reduce peak power demands, increase in-state
electricity generation, diversify the state's energy supply
portfolio, and make the electricity supply market more competitive by
promoting consumer choice.
(4) Small wind energy systems designed for onsite home, farm, and
small commercial use are recognized by the Legislature and the State
Energy Resources Conservation and Development Commission as an
excellent technology to help achieve the goals of increased in-state
electricity generation, reduced demand on the state electrical grid,
increased consumer energy independence, and nonpolluting electricity
generation.
(5) It is the intent of the Legislature to encourage local
agencies to support the state's ambitious renewable energy
procurement requirements by developing and adopting ordinances that
facilitate the installation of small wind energy systems and do not
unreasonably restrict the ability of homeowners, farms, and small
businesses to install small wind energy systems in zones in which
they are authorized by local ordinance.
(6) It is the intent of the Legislature to facilitate the
implementation of consistent statewide standards to achieve the
timely and cost-effective installation of small wind energy systems.
65894. For purposes of this article, the following terms shall
have the following meanings:
(1) "Energy Commission" means the State Energy Resources
Conservation and Development Commission.
(2) "Small wind energy system" means a wind energy conversion
system consisting of a wind turbine, a tower, and associated control
or conversion electronics that has a rated capacity of not more than
50 kilowatts per customer site, consistent with the requirements of
paragraph (3) of subdivision (b) of Section 25744 of the Public
Resources Code, and that will be used primarily to reduce onsite
consumption of utility power.
(3) "System height" means the higher of either the height of the
tower and the system measured to the top of the blade at the highest
point of the system extended above the existing grade when being
operated.
(4) "Tower height" means the height above grade of the fixed
portion of the tower, excluding the wind turbine.
(5) "Urbanized area" means either of the following:
(A) An urbanized area as defined in paragraph (2) of subdivision
(d) of Section 65944.
(B) A city as defined in Section 56023.
65895. (a) A county that has not adopted an ordinance providing
for the installation of small wind energy systems located outside an
urbanized area, but within the county's jurisdiction, by January 1,
2011, may adopt such an ordinance at a later date, but the ordinance
shall be in accordance with Section 65896. Ordinances adopted prior
to January 1, 2011, are exempt from this article.
(b) A county may establish a process for the issuance of
conditional use permits for small wind energy systems located outside
an urbanized area, subject to all of the following conditions:
(1) A county shall review an application for a small wind energy
system pursuant to the timelines established in the Permit
Streamlining Act (Chapter 4.5 (commencing with Section 65920)).
(2) Fees charged by a county to review an application for a small
wind energy system shall be determined in accordance with Sections
66014 and 66016.
(3) An application for the installation of a small wind energy
system submitted between January 1, 2011, and the date of the county'
s adoption of an ordinance that meets the requirements and conditions
of subdivision (b) of Section 65896 shall be approved through a
ministerial permit by the county meeting the requirements and
conditions of subdivision (b) of Section 65896.
65896. (a) A county may adopt an ordinance that provides for the
installation of small wind energy systems outside an urbanized area,
but within the county's jurisdiction.
(b) The ordinance may impose conditions on the installation of
small wind energy systems that include, but are not limited to,
notice, tower height, setback, view protection, aesthetics, aviation,
and design-safety requirements. However, the ordinance shall not
require conditions on notice, tower height, setback, noise level,
visual effects, turbine approval, tower drawings, and engineering
analysis, or line drawings that are more restrictive than the
following requirements and conditions:
(1) The parcel where the system is located shall be at least one
acre in size and located outside an urbanized area.
(2) Tower heights of not more than 80 feet shall be allowed on
parcels between one and five acres. Tower heights of not more than
100 feet shall be allowed on parcels above five acres. All tower
heights shall not exceed the applicable limits established by the
Federal Aviation Administration. An application shall include
evidence that the proposed height of a tower does not exceed the
height recommended by the manufacturer or distributor of the system.
(3) Minimum setbacks for the system tower shall be no farther from
the property line than the system height, unless a greater setback
is needed to comply with applicable fire setback requirements set
forth in Section 4290 of the Public Resources Code.
(4) Decibel levels for the system shall not exceed the lesser of
60 decibels (dBA), or any existing maximum noise levels applied
pursuant to the noise element of a general plan for the applicable
zoning classification in a jurisdiction or applicable noise
regulations, as measured at the nearest property line, except during
short-term events, such as utility outages and severe windstorms.
(5) Notice of an application for installation of a small wind
energy system shall be provided to property owners within 300 feet of
the property on which the system is to be located, except that the
county may, if it deems it necessary due to circumstances specific to
the proposed installation, require the applicant to provide notice
by placing a display advertisement of at least one-eighth of a page
in at least one newspaper of general circulation within the county in
which the installation is proposed.
(6) The system shall not substantially obstruct views of adjacent
property owners and shall be placed or constructed below any major
ridgeline when visible from any scenic highway corridor designated
pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of
Division 1 of the Streets and Highways Code or any scenic highway
corridor designated by a county in its general plan.
(7) The system shall use a wind turbine that has been approved by
the Energy Commission as qualifying under its Emerging Renewables
Program pursuant to Section 25744 of the Public Resources Code or has
been certified by a national program recognized and approved by the
commission.
(8) The application shall include standard drawings and an
engineering analysis of the system's tower, showing compliance with
the current version of the California Building Standards Code and
certification by a professional mechanical, structural, or civil
engineer licensed by this state. A wet stamp, however, shall not be
required if the application demonstrates that the system is designed
to meet the most stringent wind requirements (Uniform Building Code
wind exposure D), the requirements for the worst seismic class
(Seismic 4), and the weakest soil class, with a soil strength of not
more than 1,000 pounds per square foot, or other relevant conditions
normally required by a county.
(9) The system shall comply with all applicable Federal Aviation
Administration requirements, including Subpart B (commencing with
Section 77.11) of Part 77 of Title 14 of the Code of Federal
Regulations regarding installations close to airports, and the State
Aeronautics Act (Part 1 (commencing with Section 21001) of Division 9
of the Public Utilities Code). A system that complies with this
subdivision shall be deemed to meet the applicable health and safety
requirements regarding civil aviation.
(10) The application shall include a line drawing of the
electrical components of the system in sufficient detail to allow for
a determination that the manner of installation conforms to the
National Electric Code.
(11) If required by the county, the applicant shall provide
information demonstrating the system will be used primarily to reduce
onsite consumption of electricity. The county may also require the
application to include evidence, unless the applicant does not plan
to connect the system to the electricity grid, that the electric
utility service provider that serves the proposed site has been
informed of the applicant's intent to install an interconnected
customer-owned electricity generator.
(12) If a county receives an application to install a small wind
energy system on a site that is within 1,000 feet of a military
installation, within special use airspace, or beneath a low-level
flight path as defined by Section 21098 of the Public Resources Code,
then the county shall promptly comply with Section 65944. If the
governing authority of any military installation, special use
airspace, or low-level flight path provides written comments
regarding that application, the county shall consider those comments
before acting on the application.
(13) If a small wind energy system is proposed to be sited in an
agricultural area that may have aircraft operating at low altitudes,
the county shall take reasonable steps, concurrent with other notices
issued pursuant to this subdivision, to notify pest control aircraft
pilots registered to operate in the county pursuant to Section 11921
of the Food and Agricultural Code.
(14) Tower structure lighting shall be prohibited unless otherwise
required by another provision of law or pursuant to paragraph (13).
(15) No climbing apparatus attached to the system shall be located
less than 12 feet above the ground, and the system shall be designed
to prevent climbing within the first 12 feet.
(16) No sign shall be attached to the system if visible from a
public road, except for signs that identify the manufacturer,
installer, or owner of the system, or public health and safety signs
applicable to the installed system, but the signs shall neither be
larger than four square feet, unless approved by the county, nor
located at the base of the system within 10 feet of the ground
surface.
(17) A small wind energy system shall not be allowed where
otherwise prohibited by any of the following:
(A) A local coastal program and any implementing regulations
adopted pursuant to the California Coastal Act (Division 20
(commencing with Section 30000) of the Public Resources Code).
(B) The California Coastal Commission, pursuant to the California
Coastal Act (Division 20 (commencing with Section 30000) of the
Public Resources Code).
(C) The regional plan and any implementing regulations adopted by
the Tahoe Regional Planning Agency pursuant to the Tahoe Regional
Planning Compact (Title 7.4 (commencing with Section 66800)).
(D) The San Francisco Bay Plan and any implementing regulations
adopted by the San Francisco Bay Conservation and Development
Commission pursuant to the McAteer-Petris Act (Title 7.2 (commencing
with Section 66600)).
(E) A comprehensive land use plan and any implementing regulations
adopted by an airport land use commission pursuant to Article 3.5
(commencing with Section 21670) of Chapter 4 of Division 9 of Part 1
of the Public Utilities Code.
(F) The Alquist-Priolo Earthquake Fault Zoning Act (Chapter 7.5
(commencing with Section 2621) of Division 2 of the Public Resources
Code).
(G) A local ordinance to protect the scenic appearance of the
scenic highway corridor designated pursuant to Article 2.5
(commencing with Section 260) of Chapter 2 of Division 1 of the
Streets and Highways Code or pursuant to scenic highways designated
in the local general plan.
(H) The terms of a conservation easement entered into pursuant to
Chapter 4 (commencing with Section 815) of Division 2 of Part 2 of
the Civil Code.
(I) The terms of an open-space easement entered into pursuant to
the Open-Space Easement Act of 1974 (Chapter 6.6 (commencing with
Section 51070) of Division 1 of Title 5).
(J) The terms of an agricultural conservation easement entered
into pursuant to the California Farmland Conservancy Program Act
(Division 10.2 (commencing with Section 10200) of the Public
Resources Code).
(K) The terms of a contract entered into pursuant to the
Williamson Act (Chapter 7 (commencing with Section 51200) of Division
1 of Title 5).
(L) The listing of the proposed site in the National Register of
Historic Places or the California Register of Historical Resources
pursuant to Section 5024.1 of the Public Resources Code.
(c) A county may impose, as a condition of approval, a requirement
that a small wind energy system be removed if it remains inoperable
for 12 consecutive months, and at that time the small wind energy
system shall be subject to nuisance codes and code enforcement
action.
(d) (1) Nothing in this article interferes with or prevents the
exercise of authority by a county to carry out its programs,
projects, or responsibilities.
(2) Nothing in this article affects requirements imposed under any
other law.
65897. It is the policy of the state to promote and encourage the
use of distributed renewable energy systems and to limit obstacles
to their use, and it is the intent of the Legislature that local
agencies encourage the installation of distributed renewable energy
systems by removing obstacles to, and minimizing costs of, permitting
distributed renewable energy systems.
65898. On or before January 1, 2016, the State Energy Resources
Conservation and Development Commission shall submit to the Assembly
Committee on Local Government, the Senate Committee on Local
Government, and the Assembly Committee on Utilities and Commerce a
report that contains all of the following:
(a) The number of ordinances adopted on or after January 1, 2011,
by counties pursuant to Section 65895.
(b) The number of applications to install small wind energy
systems received by those counties on or after January 1, 2011.
(c) The number of applications to install small wind energy
systems approved by those counties on or after January 1, 2011.
(d) The tower heights, system heights, parcel sizes, and
generating capacities of the small wind energy systems approved by
those counties on or after January 1, 2011.
(e) Any recommendations to the Legislature by the State Energy
Resources Conservation and Development Commission for the
continuation, modification, or termination of this article.
65899. This article shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
