In furtherance of state policy to promote and encourage the use of distributed renewable energy systems and to limit obstacles to their use, counties in California may now adopt an ordinance regulating installation of small wind energy systems and establish a process for the issuance of conditional use permits for these systems. Counties may impose some conditions, but not conditions relating to specified aspects of these systems that are more restrictive. A county may require that a small wind energy system be removed if it remains inoperable for 12 consecutive months, and the system would be subject to nuisance codes and code enforcement action. The law also requires the State Energy Resources Conservation and Development Commission to submit a report, containing specified information, including the number of applications for small wind energy systems received and approved by the counties that have adopted wind energy system ordinances on or after January 1, 2011. The report is due on or before January 1, 2016.
Chapt. 404 of the Ca. Laws of 2010 (HB 45)
The new law can be accessed at: http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0001-0050/ab_45_bill_20091011_chaptered.pdf
