Bill Text: CA AB45 | 2009-2010 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
BILL NUMBER: AB 45 AMENDED
BILL TEXT
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 Article 2.11 (commencing with Section
65893) to 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, 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
This 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 ministerial permit. The bill would
specifically exempt ordinances approved prior to July 1, 2010, from
the provisions of this article.
This bill would authorize a local agency to require as
a condition of approval 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 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, a report
containing specified information, including the number of
applications for small wind energy systems received and approved by
local agencies on or after July 1, 2010.
This bill would provide that its provisions would be repealed
on January 1, 2017.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . 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) 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 12 o'
clock position or 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" 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 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 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
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 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 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) Setbacks for the system tower shall be no farther from the
property line than the 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 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.
(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 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.
(12) If a local agency receives an application in install a small
wind energy system on a site that is within 1,000 feet of a military
installation, or within special use airspace or beneath a low-level
flight path as defined by Section 21098 of the Public Resources Code,
then the local agency 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 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 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 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.
65898. On or before January 1, 2016, the State Energy Resources
Conservation and Development Commission shall submit to the Assembly
Committee on Local Government and the Senate Committee on Local
Government a report that contains all of the following:
(a) The number of ordinances adopted on or after July 1, 2010, by
local agencies pursuant to Section 65895.
(b) The number of applications to install small wind energy
systems received by local agencies on or after July 1, 2010.
(c) The number of applications to install small wind energy
systems approved by local agencies on or after July 1, 2010.
(d) The tower heights, system heights, parcel sizes, and
generating capacities of the small wind energy systems approved by
local agencies on or after July 1, 2010.
(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.
