2005 California Government Code Sections 65892.13 Article 2.11. Wind Energy

65892.13.  (a) The Legislature finds and declares all of the
following:
   (1) California has a shortage of reliable electricity supply,
which has led the Governor to proclaim a state of emergency and to
issue numerous Executive orders to lessen, and mitigate the effects
of, the shortage.  The Executive orders, among other things, expedite
and shorten the processing of applications for existing and new
powerplants, establish an emergency siting process for peaking and
renewable powerplants, and relax existing air pollutant emission
requirements in order to allow power generation facilities to
continue generating much needed electricity.
   (2) Wind energy is an abundant, renewable, and nonpolluting energy
resource.  When converted to electricity, it reduces our dependence
on nonrenewable energy resources and reduces air and water pollution
that result from conventional sources.  Distributed small wind energy
systems also enhance the reliability and power quality of the power
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.
   (3) In 2000, the Legislature and Governor recognized the need to
promote all feasible adoption of clean, renewable, and distributed
energy sources by enacting the Reliable Electric Service Investments
Act (Article 15 (commencing with Section 399) of Chapter 2.3 of Part
1 of Division 1 of the Public Utilities Code).  As set forth in
Section 399.6 of the Public Utilities Code, the stated objectives of
the act include to "increase, in the near term, the quantity of
California's electricity generated by in-state renewable energy
resources while protecting system reliability, fostering resource
diversity, and obtaining the greatest environmental benefits for
California residents."
   (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 electric grid,
increased consumer energy independence, and nonpolluting electricity
generation.  In June 2001, the commission adopted a Renewable
Investment Plan that includes one hundred one million two hundred
fifty thousand dollars ($101,250,000) over the next five years, in
the form of a 50-percent buydown incentive for the purchasers of
"emerging renewable technologies," including small wind energy
systems.
   (5) In light of the state's electricity supply shortage and its
existing program to encourage the adoption of small wind energy
systems, it is the intent of the Legislature that any ordinances
regulating small wind energy systems adopted by local agencies have
the effect of providing for the installation and use of small wind
energy systems and that provisions in these ordinances relating to
matters including, but not limited to, parcel size, tower height,
noise, notice, and setback requirements 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.  It is the policy of the state to promote and
encourage the use of small wind energy systems and to limit obstacles
to their use.
   (b) The implementation of consistent statewide standards to
achieve the timely and cost-effective installation of small wind
energy systems is not a municipal affair, as that term is used in
Section 5 of Article XI of the California Constitution, but is
instead 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.
   (c) The following definitions govern this section:
   (1) "Small wind energy system" means a wind energy conversion
system consisting of a wind turbine, a tower, and associated control
or conversion electronics, which has a rated capacity that does not
exceed the allowable rated capacity under the Emerging Renewables
Fund of the Renewables Investment Plan administered by the California
Energy Commission and which will be used primarily to reduce onsite
consumption of utility power.
   (2) "Tower height" means the height above grade of the fixed
portion of the tower, excluding the wind turbine.
   (d) Any local agency may, by ordinance, provide for the
installation of small wind energy systems in the jurisdiction outside
an "urbanized area," as defined in paragraph (2) of subdivision (b)
of Section 21080.7 of the Public Resources Code pursuant to this
section.  The local agency may establish a process for the issuance
of a conditional use permit for small wind energy systems.
   (1) 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, setbacks, noise level,
turbine approval, tower drawings, and engineering analysis, or line
drawings that are more restrictive than the following:
   (A) 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.
   (B) Tower heights of not more than 65 feet shall be allowed on
parcels between one and five acres and tower heights of not more than
80 feet shall be allowed on parcels of five acres or more, provided
that the application includes evidence that the proposed height does
not exceed the height recommended by the manufacturer or distributor
of the system.
   (C) Setbacks for the system tower shall be no farther from the
property line than the height of the system, provided that it also
complies with any applicable fire setback requirements pursuant to
Section 4290 of the Public Resources Code.
   (D) 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, except during short-term events such
as utility outages and severe wind storms.
   (E) The system's turbine must have been approved by the California
Energy Commission as qualifying under the Emerging Renewables Fund
of the commission's Renewables Investment Plan or certified by a
national program recognized and approved by the Energy Commission.
   (F) The application shall include standard drawings and an
engineering analysis of the system's tower, showing compliance with
the Uniform Building Code or the California Building Standards Code
and certification by a professional mechanical, structural, or civil
engineer licensed by this state. However, a wet stamp shall not be
required, provided that 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.
   (G) 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).
   (H) 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.
   (2) The ordinance may require the applicant to provide information
demonstrating that the system will be used primarily to reduce
onsite consumption of electricity.  The ordinance 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.
   (3) 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) of the
Government Code.
   (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) of the Government Code.
   (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.
   (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 of the Government Code.
   (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 of the Government Code.
   (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.
   (4) 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.
   (5) In the event 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.
   (6) Notwithstanding the requirements of paragraph (1), 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 page in at least one newspaper
of general circulation within the local agency in which the
installation is proposed.
   (7) Nothing in this section shall be construed to alter or affect
existing law regarding the authority of local agencies to review an
application.
   (e) Notwithstanding subdivision (f), any local agency that has not
adopted an ordinance in accordance with subdivision (d) by July 1,
2002, may adopt such an ordinance at a later date, but any
applications that are submitted between July 1, 2002, and the adopted
date of the ordinance must be approved pursuant to subdivision (f).
   (f) Any local agency that has not adopted an ordinance pursuant to
subdivision (d) on or before July 1, 2002, shall approve
applications for small wind energy systems by right if all of the
following conditions are met:
   (1) The size of the parcel where the system is located is at least
one acre and is outside an "urbanized area," as defined in paragraph
(2) of subdivision (b) of Section 21080.7 of the Public Resources
Code.
   (2) The tower height on parcels that are less than five acres does
not exceed 80 feet.
   (3) No part of the system, including guy wire anchors, extends
closer than 30 feet to the property boundary, provided that it also
complies with any applicable fire setback requirements pursuant to
Section 4290 of the Public Resources Code.
   (4) The system does not exceed 60 decibels (dBA), as measured at
the closest neighboring inhabited dwelling, except during short-term
events such as utility outages and severe wind storms.
   (5) The system's turbine has been approved by the State Energy
Resources Conservation and Development Commission as qualifying under
the Emerging Renewables Fund of the commission's Renewables
Investment Plan or certified by a national program recognized and
approved by the Energy Commission.
   (6) The application includes standard drawings and an engineering
analysis of the tower, showing compliance with the Uniform Building
Code or the California Building Standards Code and certification by a
licensed professional engineer.  A wet stamp is not 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.
   (7) The system complies with all applicable Federal Aviation
Administration requirements, including any necessary approvals for
installations close to airports, and the requirements of the State
Aeronautics Act (Part 1 (commencing with Section 21001) of Division 9
of the Public Utilities Code).
   (8) The application includes 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.
   (9) Unless the applicant does not plan to connect the system to
the electricity grid, the application includes evidence, 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.
   (10) 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) of the
Government Code.
   (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) of the Government Code.
   (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.
   (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 of the Government Code.
   (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 of the Government Code.
   (L) On a site listed in the National Register of Historic Places
or the California Register of Historical Resources pursuant to
Section 5024.1 of the Public Resources Code.
   (11) 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) In the event that a proposed site for a small wind energy
system is 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.
   (13) No other local ordinance, policy, or regulation shall be the
basis for a local agency to deny the siting and operation of a small
wind energy system under this subdivision.
   (14) No changes in the general plan shall be required to implement
this subdivision.  Any local agency, when amending its zoning
ordinance or general plan to incorporate the policies, procedures, or
other provisions applicable to the approval of small wind energy
systems, must do so in a manner consistent with the requirements of
this subdivision and the Permit Streamlining Act (commencing with
Section 65920).
   (g) This section does not limit the authority of local agencies to
adopt less restrictive requirements for the siting and operation of
small wind energy systems.
   (h) 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 (commencing with Section
65920).
   (i) 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).
   (j) Any requirement of notice to property owners imposed pursuant
to subdivision (d) shall ensure that responses to the notice are
filed in a timely manner.
   (k) This section shall become inoperative on July 1, 2005, and as
of January 1, 2006, is repealed, unless a later enacted statute, that
becomes effective on or before January 1, 2006, deletes or extends
that date.