Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Transportation Committee

SSB 6054

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Regarding aeronautic safety.

Sponsors: Senate Committee on Transportation (originally sponsored by Senators Honeyford, Hobbs, Schoesler, Cleveland, Rivers, King, Dammeier, Bailey, Hatfield and Parlette).

Brief Summary of Substitute Bill

  • Establishes state regulations for guyed towers outside cities and towns when the tower is not governed by other state or federal regulations or is exempt.

  • Establishes a misdemeanor penalty for a person found to be in violation of the guyed tower regulations.

Hearing Date: 2/20/14

Staff: Jerry Long (786-7306).

Background:

A guyed tower is secured with guy wires that are anchored in a set of concrete bases on the ground. As a result of the guy wires, this type of tower has a large footprint which allows the guyed tower to have a larger antenna load and a higher height than a self-supporting tower. Since July 1, 1996, the Federal Communication Commission (FCC) has had the authority from Congress to require the painting and/or illumination of antenna towers that are registered with the FCC when it is determined that a tower may constitute a hazard to air navigation. The FCC requires an Federal Aviation Administration (FAA) determination that an antenna tower will not pose an aviation hazard before it will grant permission to build a antenna tower. Antenna structures must be painted and lighted when the tower exceeds 200 feet in height or the antenna requires a special aeronautical study. Any construction or alteration of a tower of more than 200 feet in height above ground level must provide notification to the FAA.

Another type of tower is a Meteorological Evaluations Tower (METS) which is used to measure wind speed and direction during development of wind energy conversion facilities. The METs are made from galvanized materials and are secured with guy wires that connect. Many METs are below the 200-foot FAA threshold for obstruction markings. The towers can be erected quickly and without notice to the aviation community. Because of their color, pilots have reported difficulty seeing the METs from the air. In March 2011 the National Transportation Safety Board published a safety alert on the METs. Some states, for example, Idaho, Wyoming, Montana, and South Dakota, have implemented requirements for the METs.

Summary of Bill:

The bill requires that any temporary or permanent guyed tower 25 feet or more in height located outside an incorporated city or town, not governed by an existing state or federal law, rule, or regulation, and on land that is rural, undeveloped or used for agriculture, or is primarily desert must: Ÿ

The bill requires that any guyed tower that was erected prior to the effective date of this act must be in compliance within one year of the effective date of this section. Any guyed tower that is erected on or after the effective date of this act must be in compliance prior to the time it is erected.

The bill establishes the following definitions: "guyed tower" means a tower that is supported in whole or in part by guy wires and ground anchors or other means of support besides the superstructure of the tower itself, and "height" means the distance measured from the original grade at the base of the tower to the highest point of the tower.

The bill exempts from the requirements:

A person who is in violation of these regulations is guilty of a misdemeanor.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.