Researcher: HP Page 1 3/18/21
OLR Bill Analysis
sHB 6426
AN ACT CONCERNING RECOMMENDATIONS BY THE
CONNECTICUT AIRPORT AUTHORITY REGARDING THE
PROVISION OF SECURITY SERVICES AND METEOROLOGICAL
EVALUATION TOWERS.
SUMMARY
This bill establishes marking requirements for “meteorological
evaluation towers” (METs) that are 50 to 200 feet above ground level.
These towers are not subject to the Federal Aviation Administration’s
(FAA) air hazard evaluation process, or any compulsory marking,
because they are below the height threshold (see BACKGROUND).
The bill’s marking requirements correspond to FAA guidance on the
voluntary marking of METs.
Under the bill, anyone who owns, operates, or erects an MET and
does not mark or erect it as the bill requires is subject to the following
civil penalties: (1) up to $500 if the violation does not result in physical
injury, (2) up to $1,000 if it results in physical injury to another person,
(3) up to $5,000 if its results in serious physical injury to another
person, and (4) up to $10,000 if it results in another person’s death (see
BACKGROUND).
The bill also (1) updates a special act regarding payments for state
police security services at Bradley International Airport (“Bradley
Airport”) and (2) makes technical and conforming changes.
EFFECTIVE DATE: October 1, 2021, except that the provision on
security services at Bradley Airport is effective upon passage.
METEOROLOGICAL EVALU ATION TOWER MARKING
METs Defined
Under the bill, an MET is a structure that (1) is self-standing or
supported by guy wires or anchors; (2) is six feet or less in diameter at 2021HB-06426-R000087-BA.DOCX
Researcher: HP Page 2 3/18/21
the base; and (3) has accessory facilities on which an antenna, sensor,
camera, meteorological instrument, or other equipment is mounted to
document whether a site has enough wind resources to operate a wind
turbine generator.
METs do not include (1) structures adjacent to a building, including
a barn, electric utility substation, or a residence’s curtilage; (2) a tower
regulated by the Federal Communications Commission (FCC); or (3) a
tower used primarily to support telecommunications equipment or
provide commercial mobile radio service or commercial mobile data
service, as defined under FCC regulations.
MET Marking Requirements
Under the bill, METs must:
1. be painted in equal, alternating bands of aviation orange and
white, beginning with orange at the top of the tower;
2. have aviation orange marker balls installed and displayed in
accordance with FAA regulations and advisory circulars; and
3. not be supported by guy wires, unless the wires have, at each
anchor point, a seven-foot-long safety sleeve that extends from
the anchor point along each attached wire.
These marking requirements correspond to those recommended in
the FAA’s Obstruction Lighting and Marking advisory circular
(70/7460-1L).
SECURITY SERVICES AT BRADLEY INTERNATIONA L AIRPORT
The bill updates a 2009 special act provision on state police security
services at Bradley Airport that required the Department of
Transportation to enter into a memorandum of understanding
providing that call costs incurred by the Department of Public Safety
for state police security services be paid from the Bradley Enterprise
Fund. However, federal airport revenue diversion laws allow airport
funds to only pay for security services required under federal law. 2021HB-06426-R000087-BA.DOCX
Researcher: HP Page 3 3/18/21
The bill (1) updates agency references to the Connecticut Airport
Authority (CAA) and the Department of Emergency Services and
Public Protection; (2) requires CAA to enter into a contract, rather than
a memorandum of understanding, for these security services; (3)
extends the date by which they must enter into the contract to
December 1, 2021; and (4) requires payments under the contract to be
made in compliance with all applicable federal laws, regulations, and
guidelines. This conforms to current agency practice.
BACKGROUND
FAA Air Hazard Review
FAA regulations require anyone proposing to construct or alter a
structure greater than 200 feet high to file notice with the FAA. The
FAA reviews notices to determine if the proposed construction is
hazardous to air navigation and, if applicable, determine appropriate
mitigation measures, such as marking and lighting requirements (14
C.F.R. § 77.5 et seq.). Although METs, as defined in the bill, are not
required to be reported to the FAA, agency policy recommends the
voluntary markings, according to its guidance (76 Fed. Reg. 36983).
Injury and Serious Physical Injury
By law, “physical injury” is impairment of physical condition or
pain. “Serious physical injury” is physical injury that creates a
substantial risk of death or that causes serious (1) disfigurement,
(2) impairment of health, or (3) loss or impairment of a bodily organ’s
function (CGS § 53a-3).
COMMITTEE ACTION
Transportation Committee
Joint Favorable Substitute
Yea 30 Nay 4 (03/03/2021)