Amended in Assembly April 23, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 162

Introduced by Assembly Member Holden

January 23, 2013

An act to add Section 65964.5 to the Government Code, relating to telecommunications facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 162, as amended, Holden. 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 begin insert or structure end insert that does not substantially change the physical dimensions of the wireless telecommunications facility begin insert or structure end insert , as specified. The bill would require a local government to act on an eligible facilities request within begin delete 45 end delete begin insert 90 end insert 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.

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.

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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

The Legislature hereby finds and declares all of
the following:

end insert begin insert

(a) Nearly one in every three Californians communicates only
via a cellular device and does not own or operate a landline
telephone.

end insert begin insert

(b) Of the 240,000,000 calls to telephone number 911 for
emergency assistance placed nationwide each year, 70 percent
now originate from cellular devices.

end insert begin insert

(c) In 2010, 5 percent of all 911 calls originating from cellular
devices were dropped, resulting in 8,400,000 dropped 911 calls.

end insert begin insert

(d) Recognizing the public’s shift toward cellular telephone use,
the Legislature passed Senate Bill 1375 (Chapter 332 of the
Statutes of 2010), authorizing telephone corporations to deactivate
911 emergency service from any landline telephone not subscribing
to paid telephone service.

end insert begin insert

(e) Given the increased reliance on cellular phones, maintaining
signal strength and call reliability for 911 calls from cellular
telephones is critical to protecting public safety and saving lives
of Californians.

end insert begin insert

(f) The Final Report of the National Commission on Terrorist
Attacks Upon the United States (known as the 9/11 Commission
Report) identified the lack of coordination among first responder
agencies and communication challenges in the 9/11 attacks and
emphasized the need for uniform and reliable communications for
all first responders.

end insert begin insert

(g) The federal Middle Class Tax Relief and Job Creation Act
of 2012 (Public Law 112-96) creates a framework for the public
sector to partner with commercial providers to leverage the private
sector’s investments in broadband technologies to efficiently deploy
an interoperable broadband network for public safety.

end insert begin insert

(h) The federal Middle Class Tax Relief and Job Creation Act
of 2012 (Public Law 112-96) allocated seven billion dollars
($7,000,000,000) for grants to states to build the nationwide public
safety broadband network.

end insert begin insert

(i) The Federal Communications Commission has found that
delays by local governments in approving ministerial requests
have delayed the implementation of next-generation broadband
services for consumers and first responders.

end insert begin insert

(j) It is the intent of the Legislature to increase network capacity
on existing wireless structures in order to serve the needs of safety
personnel and the people of the state.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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 begin delete may end delete begin insert shall end insert not deny any eligible facilities request
for a modification of an existing wireless telecommunications
facility begin insert or structure end insert that does not substantially change the physical
dimensions of the wireless telecommunications facility begin insert or structure end insert .

(b) The failure to act on an eligible facilities request within begin delete 45 end delete
begin insert 90 end insert days of receipt of a request shall be deemed an approval of the
request. The begin delete 45 end delete begin insert 90 end insert 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:

begin insert

(1) “Collocation” means the mounting of the wireless
telecommunications facility and related equipment on an existing
tower, building, or structure for the purpose of transmitting or
receiving signals for telecommunications or public safety services.

end insert begin delete

(1)

end delete

begin insert (2) end insert  “Eligible facilities request” or “request” means any request
for modification of an existing wireless telecommunications facility
begin insert or collocation on an existing structure end insert that involves any of the
following:

(A) Collocation of upgraded transmission equipment.

(B) Removal of transmission equipment.

(C) Replacement of transmission equipment.

begin insert

(D) Collocation and deployment of transmission equipment
necessary to construct or maintain public safety broadband
communication systems.

end insert begin insert

(3) “Public safety broadband communications system” means
any regional interoperable communications system, the nationwide
public safety broadband network, the first responder analog-D
block, or any other government-operated communications system
used by first responders or emergency management systems.

end insert begin delete

(2)

end delete

begin insert (4) end insert  “Substantially change” means any of the following:

(A) The mounting of the proposed antenna on the wireless
telecommunications facility begin insert or structure end insert 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 begin insert or structure end insert 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.

begin delete

(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.

end delete begin insert

(D) The eligible facility request fails to comply with all existing
aesthetic requirements imposed by a local government for the
specific facility subject to the request. Nothing in this section shall
be construed to require that any new aesthetic enhancements to
be made to an eligible facility that were not existing requirements
at the time the eligible facility request was made.

end insert begin delete

(3)

end delete

begin insert (5) end insert  “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.

begin delete SEC. 2. end delete
begin insert SEC. 3. end 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.