BILL NUMBER: AB 162 AMENDED
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Holden
JANUARY 23, 2013
An act to amend Section 65584 of the Government Code,
relating to land use. An act to add Section 65964.5 to
the Government Code, relating to telecommunications facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 162, as amended, Holden. Land use: housing element.
Wireless telecommunications facilities.
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.
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
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
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
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.
This bill would make technical, nonsubstantive changes to that
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65964.5 is added to the
Government Code , to read:
65964.5. (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
(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
(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.
SEC. 2. 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.
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
(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
(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
(2) Lower incomes, as defined by Section 50079.5 of the Health and
(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).