BILL NUMBER: AB 162 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 23, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
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 or structure
that does not substantially change the physical dimensions of the
wireless telecommunications facility or structure , as
specified. The bill would require a local government to act on an
eligible facilities request within 45 90
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:
SECTION 1. The Legislature hereby finds and
declares all of the following:
(a) Nearly one in every three Californians communicates only via a
cellular device and does not own or operate a landline telephone.
(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.
(c) In 2010, 5 percent of all 911 calls originating from cellular
devices were dropped, resulting in 8,400,000 dropped 911 calls.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
SECTION 1. SEC. 2. 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 shall not deny any eligible
facilities request for a modification of an existing wireless
telecommunications facility or structure that does not
substantially change the physical dimensions of the wireless
telecommunications facility or structure .
(b) The failure to act on an eligible facilities request within
45 90 days of receipt of a request
shall be deemed an approval of the request. The 45
90 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) "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.
(1)
(2) "Eligible facilities request" or "request" means
any request for modification of an existing wireless
telecommunications facility or collocation on an existing
structure that involves any of the following:
(A) Collocation of upgraded transmission equipment.
(B) Removal of transmission equipment.
(C) Replacement of transmission equipment.
(D) Collocation and deployment of transmission equipment necessary
to construct or maintain public safety broadband communication
systems.
(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.
(2)
(4) "Substantially change" means any of the following:
(A) The mounting of the proposed antenna on the wireless
telecommunications facility or structure 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
or structure 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.
(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.
(3)
(5) "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. SEC. 3. 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.