Bill Text: CA AB45 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 45	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 10, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Blakeslee

                        DECEMBER 1, 2008

   An act to add Article 2.11 (commencing with Section 65893) to, 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, as amended, 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 local agency to provide, by ordinance,
for the installation of small wind energy systems, as specified, and
to establish a process for the issuance of conditional use permits
for these systems. The bill would also authorize a local agency to
impose conditions on the installation of these systems, but would
prohibit the local agency from imposing conditions relating to
specified aspects of these systems that are more restrictive than
certain specified requirements of  ,  and conditions upon
 ,  these systems. The bill would require a local agency
that has not adopted an ordinance providing for the installation of
these systems, and receives an application for the installation of a
small wind energy system after July 1, 2010, but before it adopts an
ordinance providing for the installation of these systems, to approve
the application through a  nondiscretionary administrative
action   ministerial permit  . The bill would
authorize a local agency to require  as a condition of approval
that  a small wind energy system  to  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
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.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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 Energy
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)  The   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 is a matter of
statewide concern. It is the intent of the Legislature that this
section apply to all local agencies, including, but not limited to,
charter cities, charter counties, and charter cities and counties.
  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  , which   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 12 o'
clock position or the highest point of the system extended above the
existing grade when being operated.  
   (3) 
    (4)  "Tower height" means the height above grade of the
fixed portion of the tower, excluding the wind turbine. 
   (4) 
    (5)  "Urbanized area" has the same meaning as set forth
in Section 65944.
   65895.  (a) A local agency that has not adopted an ordinance
providing for the installation of small wind energy systems located
outside an urbanized area, but within the local agency's jurisdiction
 by January 1   , by July 10  , 2010, may
adopt such an ordinance at a later date, but the ordinance shall be
in accordance with Section 65896.  Ordinances adopted prior to
July 1, 2010, are exempt from this article. 
   (b) A local agency may establish a process for the issuance of
conditional use permits for small wind energy systems, subject to all
of the following conditions:
   (1) A local agency shall review an application for a small wind
energy system  as expeditiously as possible 
pursuant to the timelines established in the Permit Streamlining Act
(Chapter 4.5 (commencing with Section 65920)).
   (2) Fees charged by a local agency to review an application for a
small wind energy system shall be determined in accordance with
 Chapter 5 (commencing with Section 66000)  
Sections 66014 and 66016  .
   (3) An application for the installation of a small wind energy
system submitted between July 1, 2010, and the date of the local
agency's adoption of an ordinance that meets the requirements and
conditions of subdivision (b) of Section 65896 shall be approved
through a  nondiscretionary administrative action by a
  ministerial permit by the  local agency.
   65896.  (a) A local agency may by ordinance, provide for the
installation of small wind energy systems outside an urbanized area,
but within the local agency'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   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  100 feet shall be
allowed on parcels between one and five acres. On parcels of five
acres or more, tower height   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) Setbacks for the system tower shall be no farther from the
property line than the  height of the system, provided the
system   system height, provided the system also 
complies 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, as measured at the 
closest neighboring inhabited dwelling   nearest
property line  , except during short-term events, such as
utility outages and severe  wind storms  
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.
   (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 local agency 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  Uniform Building Code or   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 local agency.
   (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 local agency, the applicant shall provide
information demonstrating the system will be used primarily to reduce
onsite consumption of electricity. The local agency 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 the governing authority of the restricted military
airspace known as "R-2515" files a detailed diagram of that
restricted military airspace with a local agency, and if a local
agency receives an application to install a small wind energy system
on a site that is within that restricted military airspace, then the
local agency shall promptly forward a copy of that application to the
governing authority of that restricted military airspace. If the
governing authority of the restricted military airspace known as
"R-2515" provides written comments regarding that application, the
local agency 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 local agency 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 manufacturer or  installer
identification signs, owner identification signs, or public health
  installer-identification signs, owner-identification
signs, or public-health  and safety signs applicable to the
installed system  ,   but in no case shall the signs be
larger than four square feet and located at the base of the system
within 10 feet of the ground surface unless approved by the city or
county  .
   (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 agency 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 local agency may, if it deems it necessary due to
circumstances specific to the proposed installation, 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 local
agency in which the installation is proposed.
   (d) A local agency may require  a small wind energy system
to   as a condition of approval 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
 .
   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.