10/02/2011
Requirement for beacon light:
Violation of Assembly Bill No. 45
(14) Tower structure lighting shall be prohibited unless otherwise required by another provision of law or pursuant to paragraph (13)
Note: Paragraph 13 concerns wind towers that are close to airports, military installations, and agricultural areas with low flying aircraft. Federal Aviation Requirements don’t include tower heights less than 200 feet in height for the need of a beacon light except for the special circumstances listed above. Small aircraft are required to stay above 1000 feet.
The California State Aeronautics Act is less stringent than FAA guidelines, requiring Department of Transportation review for structures exceeding 500 feet, which is four times as high as the tallest small wind turbine tower available.
Concerning requirement for fencing around the tower:
Violation of Assembly Bill No. 45
(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.
Note: No public injuries have been attributed to falls from the thousands of unfenced small turbine towers installed over the past 25 years. Turbine towers should be required to have the same access restrictions such as fencing or warning signs as similar structures such as ham radio towers. Some turbine tower models currently on the market, primarily for the smallest turbines, are designed to be lowered to the ground for maintenance and repairs and don’t have hand- and foot-holds. The small wind industry does not recommend fencing or anti-climbing devices. The requirement for fencing around the tower is more restrictive than the law requires and is in violation of the CALIFORNIA CODES GOVERNMENT CODE: 65896(b).
Conditional Use Permit:
The $800 fee for the first stage of what the county calls a minor use permit is a rude surprise for many applicants. Applicants who encounter no neighborhood opposition and avoid public hearings are charged only for the less expensive permit, though the price quickly goes up if hearings are necessary.
Electrical Safety:
In the 25 years that utilities have been required to interconnect small wind turbines, not a single liability claim has been filed against a turbine owner over electrical safety.
Avian Risk:
Bird collisions with small wind turbines are very rare. Statistically, a sliding glass door is a greater threat to birds than a small, unlighted wind turbine. Smoke-stacks, power lines, and radio and television towers
have been associated with far greater numbers of bird fatalities than have even larger-scale wind farms. Motor vehicles and pollution are responsible for an even higher proportion of total bird deaths. House cats kill an estimated 100 million birds annually.
Comment:
Originally passed as bill AB 1207 by the California legislature in 2001, these state laws, that supersede any local ordinances, have yet to be recognized by Los Angeles County. It may not be unreasonable to question the motivation and power of those who have been able to thwart state law and have deprived the citizens of Los Angeles County their right to generate cost effective power from the wind.
For the complete listing of California Government Code Section 65893 to 65899 visit http://law.onecle.com/california/government/65896.html
A copy of Assembly Bill No. 45 signed October 2009 can be found at
http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0001-0050/ab_45_bill_20091011_chaptered.pdf
