AB 45 - Authorizes Local Regulation of Small Wind Energy Systems

Feldsott & Lee
A Law Corporation

Assembly Bill 45 (hereinafter “AB 45”) adds Government Code Section 65893, which reenacts a lapsed authorization for local governments to adopted ordinances relating to the installation of small wind energy systems in non-urbanized areas. In general, AB 45 allows local jurisdictions to place conditions on the installation of wind energy systems that are no more restrictive than conditions set out in the bill. Local jurisdictions that have not adopted their own ordinances by January 2011 will be required to approve applications for small wind energy systems by right if certain conditions are met by applicants. Local jurisdictions that have adopted their own ordinances before January 2011 are exempt.

Although an association may impose more restrictive requirements than may be provided in a county ordinance, the provisions laid out in new Government Code 65893 may be used as a guide for adopting rules that would be consistent with zoning regulations.