Bill Text: MS SB2871 | 2011 | Regular Session | Enrolled


Bill Title: Agricultural aviation; require safety markings on certain towers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2011-03-30 - Approved by Governor [SB2871 Detail]

Download: Mississippi-2011-SB2871-Enrolled.html

MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Agriculture

By: Senator(s) Lee (35th)

Senate Bill 2871

(As Sent to Governor)

AN ACT TO REQUIRE THE MARKING OF CERTAIN ANEMOMETER TOWERS; TO REQUIRE OTHER MEASURES FOR SAFETY OF AERIAL APPLICATORS; TO PROVIDE FOR THE REPEAL OF THIS ACT ON JULY 1, 2013; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  For purposes of this section, the term, anemometer, means an instrument for measuring and recording the speed of the wind.  For purposes of this section, the term, anemometer tower, means a structure, including all guy wires and accessory facilities, on which an anemometer is mounted for the purposes of documenting whether a site has wind resources sufficient for the operation of a wind turbine generator.

     (2)  Any anemometer tower that is fifty (50) feet in height above the ground or higher, that is located outside the exterior boundaries of any municipality, and whose appearance is not otherwise mandated by state or federal law shall be marked, painted, flagged, or otherwise constructed to be recognizable in clear air during daylight hours.  Any anemometer tower that was erected before the effective date of this section shall be marked as required in this section within one (1) year after the effective date of this section.  Any anemometer tower that is erected on or after the effective date of this section shall be marked as required in this section at the time it is erected.  Marking required under this section includes marking the anemometer tower, guy wires, and accessory facilities as follows:

          (a)  The top one-third (1/3) of the anemometer tower shall be painted in equal, alternating bands of aviation orange and white, beginning with orange at the top of the tower and ending with orange at the bottom of the marked portion of the tower;

          (b)  Two (2) marker balls shall be attached to and evenly spaced on each of the outside guy wires;

          (c)  The area surrounding each point where a guy wire is anchored to the ground shall have a contrasting appearance with any surrounding vegetation.  If the adjacent land is grazed, the area surrounding the anchor point shall be fenced.  For purposes of this section, the term, area surrounding the anchor point, means an area not less than sixty-four (64) square feet whose outer boundary is at least four (4) feet from the anchor point; and

          (d)  One or more seven-foot safety sleeves shall be placed at each anchor point and shall extend from the anchor point along each guy wire attached to the anchor point.

     A violation of this section is a misdemeanor.

     (3)  This section shall stand repealed on July 1, 2013.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2011.

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