Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 162

Introduced by Assembly Member Holden

January 23, 2013

begin delete An act to amend Section 65584 of the Government Code, relating to land use. end delete begin insert An act to add Section 65964.5 to the Government Code, relating to telecommunications facilities. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 162, as amended, Holden. begin delete Land use: housing element. end delete begin insert Wireless telecommunications facilities. end insert

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The Planning and Zoning Law authorizes the legislative body of any county or city to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, and open space. Existing law, the federal Middle Class Tax Relief and Job Creation Act of 2012, prohibits a state or local government from denying an eligible facilities request, as defined, for a modification of an existing wireless tower or base station that does not substantially change the tower or base station.

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This bill would prohibit a local government from denying an eligible facilities request, as defined, for a modification of an existing wireless telecommunications facility that does not substantially change the physical dimensions of the wireless telecommunications facility, as specified. The bill would require a local government to act on an eligible facilities request within 45 days of receipt of a request, as specified. The bill would prohibit a local government from requiring proof of gap in coverage as part of the approval of an eligible facilities request. By adding to the duties of a local government, the bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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The Planning and Zoning Law requires a city or county to adopt a comprehensive, long-term general plan that includes various mandatory elements, including a housing element. That law requires the housing element to contain, among other things, an assessment of housing needs and an inventory of resources and constraints relevant to meeting those needs. That law further requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region, as specified.

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This bill would make technical, nonsubstantive changes to that law.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 65964.5 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

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begin insert 65964.5. end insert   

(a) Notwithstanding any other law, and pursuant to
Section 6409 of the federal Middle Class Tax Relief and Job
Creation Act of 2012 (47 U.S.C. Sec. 1455), a local government
shall approve and may not deny any eligible facilities request for
a modification of an existing wireless telecommunications facility
that does not substantially change the physical dimensions of the
wireless telecommunications facility.

(b) The failure to act on an eligible facilities request within 45
days of receipt of a request shall be deemed an approval of the
request. The 45 days shall be tolled if the request is determined to
be incomplete. If the request is determined to be incomplete, the
local government shall comply with subdivision (c) of Section
65943 of the Government Code.

(c) A local government shall not require proof of gap in
coverage as part of the approval of an eligible facilities request.

(d) For purposes of this section, the following definitions shall
apply:

(1) “Eligible facilities request” or “request” means any request
for modification of an existing wireless telecommunications facility
that involves any of the following:

(A) Collocation of upgraded transmission equipment.

(B) Removal of transmission equipment.

(C) Replacement of transmission equipment.

(2) “Substantially change” means any of the following:

(A) The mounting of the proposed antenna on the wireless
telecommunications facility would increase the existing height of
the wireless telecommunications facility by more than 10 percent,
or by the height of one additional antenna array with separation
from the nearest existing antenna not to exceed 20 feet, whichever
is greater, except that the mounting of the proposed antenna may
exceed the size limits set forth in this subparagraph if necessary
to avoid interference with existing antennas.

(B) The mounting of the proposed antenna would involve the
installation of more than the standard number of new equipment
cabinets for the technology involved, not to exceed four equipment
cabinets, or more than one additional equipment shelter.

(C) The mounting of the proposed antenna would involve adding
an appurtenance to the body of the wireless telecommunications
facility that would protrude from the edge of the wireless
telecommunications facility more than 20 feet, or more than the
width of the wireless telecommunications facility at the level of
the appurtenance, whichever is greater, except that the mounting
of the proposed antenna may exceed the size limits set forth in this
subparagraph if necessary to shelter the antenna from inclement
weather or to connect the antenna to the wireless
telecommunications facility via cable.

(D) The mounting of the proposed antenna would involve
excavation outside the current wireless telecommunications facility
site, defined as the current boundaries of the leased or owned
property surrounding the wireless telecommunications facility and
any access or utility easements currently related to the site.

(3) “Wireless telecommunications facility” means equipment
and network components, including towers, utility poles,
transmitters, base stations, and emergency power systems that are
integral to providing wireless telecommunications services.

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begin insert SEC. 2. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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SECTION 1.  

Section 65584 of the Government Code is
amended to read:

65584.  

(a) (1) For the fourth and subsequent revisions of the
housing element pursuant to Section 65588, the department shall
determine the existing and projected need for housing for each
region pursuant to this article. For purposes of subdivision (a) of
Section 65583, the share of a city or county of the regional housing
need shall include that share of the housing need of persons at all
income levels within the area significantly affected by the general
plan of the city or county.

(2) While it is the intent of the Legislature that cities, counties,
and cities and counties should undertake all necessary actions to
encourage, promote, and facilitate the development of housing to
accommodate the entire regional housing need, it is recognized,
however, that future housing production may not equal the regional
housing need established for planning purposes.

(b) The department, in consultation with each council of
governments, shall determine each region’s existing and projected
housing need pursuant to Section 65584.01 at least two years prior
to the next scheduled revision required pursuant to Section 65588.
The appropriate council of governments, or for cities and counties
without a council of governments, the department, shall adopt a
final regional housing need plan that allocates a share of the
regional housing need to each city, county, or city and county at
least one year prior to the scheduled revision for the region required
by Section 65588. The allocation plan prepared by a council of
governments shall be prepared pursuant to Sections 65584.04 and
65584.05 with the advice of the department.

(c) Notwithstanding any other provision, the due dates for the
determinations of the department, or for the council of
governments, respectively, regarding the regional housing need
may be extended by the department by not more than 60 days, if
the extension will enable access to more recent critical population
or housing data from a pending or recent release of the United
States Census Bureau or the Department of Finance. If the due
date for the determination of the department or the council of
governments is extended for this reason, the department shall
extend the corresponding housing element revision deadline
pursuant to Section 65588 by not more than 60 days.

(d) The regional housing needs allocation plan shall be
consistent with all of the following objectives:

(1) Increasing the housing supply and the mix of housing types,
tenure, and affordability in all cities and counties within the region
in an equitable manner, which shall result in each jurisdiction
receiving an allocation of units for low- and very low income
households.

(2) Promoting infill development and socioeconomic equity,
the protection of environmental and agricultural resources, and
the encouragement of efficient development patterns.

(3) Promoting an improved intraregional relationship between
jobs and housing.

(4) Allocating a lower proportion of housing need to an income
category when a jurisdiction already has a disproportionately high
share of households in that income category, as compared to the
countywide distribution of households in that category from the
most recent decennial United States census.

(e) For purposes of this section, “household income levels” are
as determined by the department as of the most recent decennial
census pursuant to the following code sections:

(1) Very low incomes as defined by Section 50105 of the Health
and Safety Code.

(2) Lower incomes, as defined by Section 50079.5 of the Health
and Safety Code.

(3) Moderate incomes, as defined by Section 50093 of the Health
and Safety Code.

(4) Above moderate incomes are those exceeding the
moderate-income level of Section 50093 of the Health and Safety
Code.

(f) Notwithstanding any other determinations made by the
department, a council of governments, or a city or county pursuant
to this section or Section 65584.01, 65584.02, 65584.03, 65584.04,
65584.05, 65584.06, 65584.07, or 65584.08 are exempt from the
California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code).

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