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AB-1760 Navigable airspace: meteorological evaluation towers.(2011-2012)

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CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 1760

Introduced  by  Assembly Member Halderman

February 17, 2012

An act to add Section 21658.5 to the Public Utilities Code, relating to navigable airspace.


LEGISLATIVE COUNSEL'S DIGEST


AB 1760, as introduced, Halderman. Navigable airspace: meteorological evaluation towers.
The State Aeronautics Act prohibits a public utility from constructing any pole, pole line, distribution or transmission tower, or tower line, or substation structure in the vicinity of the exterior boundary of an aircraft landing area of any airport open to public use, in a location with respect to the airport and at a height so as to constitute an obstruction to air navigation, unless the Federal Aviation Administration has determined that the pole, line, tower, or structure does not constitute a hazard to air navigation.
This bill would require that any meteorological evaluation tower, as defined, be painted in alternating bands of aviation orange and white paint and require that sleeves and high visibility spherical marker or cable balls of aviation orange color be placed, as specified, on its guy wires.
With a specified exception, any person violating any provision of the State Aeronautics Act is punishable by a fine of not more than $1,000 or by imprisonment of not more than 6 months.
Because the requirements of the bill are part of the act, the bill would impose a state-mandated local program by creating a new crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 21658.5 is added to the Public Utilities Code, to read:

21658.5.
 (a) For purposes of this section, “meteorological evaluation tower” means a tower structure erected in a remote or rural area for the purpose of determining feasible sites for wind turbines.
(b) The main body of any meteorological evaluation tower that is less than 200 feet in height above ground level shall be painted with alternating bands of aviation orange and white paint. The paint shall be replaced when faded or otherwise deteriorated.
(c) Unless doing so would impair the structural integrity of the tower, one high visibility sleeve shall be placed on each guy wire anchor point of a meteorological evaluation tower that is less than 200 feet in height above ground level. The sleeve shall be placed so that it reaches a height above any crop or vegetation canopy near the tower. Another sleeve shall be installed on each of the outer guy wires. Eight high visibility spherical marker or cable balls of aviation orange color shall be attached to the guy wires of each tower, with four balls attached no further than 15 feet from the top wire connection and four balls at or below the midpoint of the structure on the outer guy wires.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.