Amended in Senate June 13, 2016

Amended in Assembly May 5, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2788

Introduced by Assembly Member Gatto

February 19, 2016

begin delete An act relating to oil and gas, and declaring the urgency thereof, to take effect immediately. end delete begin insert An act to amend Sections 65850.6 and 65964 of the Government Code, relating to telecommunications. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2788, as amended, Gatto. begin delete Natural gas storage: emergency regulations. end delete begin insert Wireless telecommunications facilities. end insert

begin insert

Under existing law, a wireless telecommunications collocation facility, as specified, is subject to a city or county discretionary permit and is required to comply with specified criteria, but a collocation facility, which is the placement or installation of wireless facilities, including antennas and related equipment, on or immediately adjacent to a wireless telecommunications collocation facility, is a permitted use not subject to a city or county discretionary permit.

end insert begin insert

This bill would permit the use of a small cell, as defined, without a city or county discretionary permit or aesthetic review in all zoning districts, subject only to a building permit or administrative permit, as applicable. The bill would require a city or county to issue those permits, as applicable, within 60 days, except as specified.

end insert begin insert

Under existing law, a city or county, as a condition of approval of an application for a permit for construction or reconstruction of a development project for a wireless telecommunications facility, may not require an escrow deposit for removal of a wireless telecommunications facility or any component thereof, unreasonably limit the duration of any permit for a wireless telecommunications facility, or require that all wireless telecommunications facilities be limited to sites owned by particular parties within the jurisdiction of the city or county, as specified.

end insert begin insert

This bill would require the city or county to renew a permit with a duration of less than 10 years for an equivalent duration unless the city or county finds that wireless telecommunications facility does not comply with the codes and permit conditions applicable at the time the permit was initially approved. The bill would also prohibit a city or county from precluding the leasing or licensing of a site owned by the city or county for the installation of a small cell, except as specified. The bill would authorize a city or county to impose a fee associated with a permit application for construction or reconstruction of a development project for a wireless telecommunications facility only if similar fees are charged within the city or county for similar types of commercial development. By imposing new duties on local agencies, this bill would impose a state-mandated local program.

end insert begin insert

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.

end insert begin insert

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.

end insert begin delete

The Administrative Procedure Act governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. Existing law provides that, if a state agency makes a finding that the adoption of a regulation or order of repeal is necessary for the immediate preservation of the public peace, health and safety, or general welfare, the regulation or order of repeal may be adopted as an emergency regulation or order of repeal. Under existing law, a regulation, amendment, or order of repeal adopted as an emergency regulation remains in effect no more than 180 days unless the adopting agency and the Office of Administrative Law comply with certain requirements.

end delete begin delete

This bill would instead require that certain emergency regulations adopted by the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation effective February 5, 2016, remain in effect until the adoption, amendment, or repeal of the regulations is promulgated by the division pursuant to the act. The bill would repeal this provision on January 1, 2019.

end delete begin delete

This bill would declare that it is to take effect immediately as an urgency statute.

end delete

Vote:  begin delete ²⁄₃ end delete begin insert majority end insert . Appropriation: no. Fiscal committee: yes. 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 65850.6 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

65850.6.  

(a) A collocation facility shall be a permitted use not
subject to a city or county discretionary permit if it satisfies the
following requirements:

(1) The collocation facility is consistent with requirements for
the wireless telecommunications collocation facility pursuant to
subdivision (b) on which the collocation facility is proposed.

(2) The wireless telecommunications collocation facility on
which the collocation facility is proposed was subject to a
discretionary permit by the city or county and an environmental
impact report was certified, or a negative declaration or mitigated
negative declaration was adopted for the wireless
telecommunications collocation facility in compliance with the
California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code), the
requirements of Section 21166 do not apply, and the collocation
facility incorporates required mitigation measures specified in that
environmental impact report, negative declaration, or mitigated
negative declaration.

(b) A wireless telecommunications collocation facility, where
a subsequent collocation facility is a permitted use not subject to
a city or county discretionary permit pursuant to subdivision (a),
shall be subject to a city or county discretionary permit issued on
or after January 1, 2007, and shall comply with all of the following:

(1) City or county requirements for a wireless
telecommunications collocation facility that specifies types of
wireless telecommunications facilities that are allowed to include
a collocation facility, or types of wireless telecommunications
facilities that are allowed to include certain types of collocation
facilities; height, location, bulk, and size of the wireless
telecommunications collocation facility; percentage of the wireless
telecommunications collocation facility that may be occupied by
collocation facilities; and aesthetic or design requirements for the
wireless telecommunications collocation facility.

(2) City or county requirements for a proposed collocation
facility, including any types of collocation facilities that may be
allowed on a wireless telecommunications collocation facility;
height, location, bulk, and size of allowed collocation facilities;
and aesthetic or design requirements for a collocation facility.

(3) State and local requirements, including the general plan, any
applicable community plan or specific plan, and zoning ordinance.

(4) The California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code)
through certification of an environmental impact report, or adoption
of a negative declaration or mitigated negative declaration.

(c) The city or county shall hold at least one public hearing on
the discretionary permit required pursuant to subdivision (b) and
notice shall be given pursuant to Section 65091, unless otherwise
required by this division.

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

(1) “Collocation facility” means the placement or installation
of wireless facilities, including antennas, and related equipment,
on, or immediately adjacent to, a wireless telecommunications
collocation facility.

begin insert

(2) “Small cell” means a wireless telecommunications facility
with antennas of no more than six cubic feet in volume each and
associated equipment with a cumulative volume no larger than 21
cubic feet on all poles and structures and 28 cubic feet on all
nonpole structures. An associated electric meter, concealment,
telecom demarcation box, ground-based enclosure, battery backup
power system, grounding equipment, power transfer switch, cutoff
switch, cable, or conduit may be located outside the primary
equipment enclosure and is not included in the calculation of the
equipment volume. Volume is a measure of the exterior
displacement, not the interior volume, of the enclosure. Any
equipment that is concealed from public view in or behind an
otherwise approved structure or concealment is not included in
the volume calculations.

end insert begin delete

(2)

end delete

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

begin delete

(3)

end delete

begin insert (4) end insert  “Wireless telecommunications collocation facility” means
a wireless telecommunications facility that includes collocation
facilities.

(e)  The Legislature finds and declares that a begin insert small cell and a end insert
collocation facility, as defined in this section, begin delete has end delete begin insert have end insert a significant
economic impact in California and begin delete is end delete begin insert are end insert not a municipal affair as
that term is used in Section 5 of Article XI of the California
Constitution, but begin delete is end delete begin insert are end insert a matter of statewide concern.

(f) With respect to the consideration of the environmental effects
of radio frequency emissions, the review by the city or county shall
be limited to that authorized by Section 332(c)(7) of Title 47 of
the United States Code, or as that section may be hereafter
amended.

begin insert

(g) Notwithstanding any other law, a small cell is a permitted
use not subject to a city or county discretionary permit or aesthetic
review in all zoning districts, subject only to issuance of a building
permit if required to confirm compliance with Title 24 of the
California Code of Regulations, as applicable, or an administrative
encroachment permit. The city or county shall issue the applicable
building permit or administrative permit no later than 60 days
after the submission of an application for a small cell facility. The
time period for issuance may be tolled within the first 30 days after
the submission of an application for a small cell facility if the city
or county notifies the applicant that the application is incomplete,
identifies all missing information, and specifies the code provision,
ordinance, application instruction, or otherwise publicly stated
procedure that requires the information to be submitted. If the city
or county does not toll the time period for issuance or issue the
associated permit or permits within 60 days after the submission
of an application for a small cell facility, the associated permit or
permits shall be deemed issued.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 65964 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

65964.  

begin insert (a) end insert begin insert   end insert As a condition of approval of an application for a
permit for construction or reconstruction for a development project
for a wireless telecommunications facility, as defined in Section
65850.6, a city or county shall not do any of the following:

begin delete

(a)

end delete

begin insert (1) end insert  Require an escrow deposit for removal of a wireless
telecommunications facility or any component thereof. However,
a performance bond or other surety or another form of security
may be required, so long as the amount of the bond security is
rationally related to the cost of removal. In establishing the amount
of the security, the city or county shall take into consideration
information provided by the permit applicant regarding the cost
of removal.

begin delete

(b)

end delete

begin insert (2) end insert  Unreasonably limit the duration of any permit for a wireless
telecommunications facility. Limits of less than 10 years are
presumed to be unreasonable absent public safety reasons or
substantial land use reasons. begin insert A permit with a duration of less than
10 years shall be renewed for an equivalent duration unless the
city or county makes a finding that the wireless telecommunications
facility does not comply with the codes and permit conditions
applicable at the time the permit was initially approved. end insert However,
cities and counties may establish a build-out period for a site.

begin delete

(c)

end delete

begin insert (3) end insert  Require that all wireless telecommunications facilities be
limited to sites owned by particular parties within the jurisdiction
of the city or county.

begin insert

(4) Preclude the leasing or licensing of a site owned by the city
or county for installation of a small cell, as defined in paragraph
(2) of subdivision (d) of Section 65850.6. Sites shall be made
available under fair and reasonable terms and conditions and
offered on a nondiscriminatory basis to all lessees or licensees of
similar sites, towers, utility poles, transmitters, base stations, and
emergency power systems. Due to the unique duties and
infrastructure requirements for the swift and effective deployment
of firefighters, this subdivision does not apply to a collocation or
siting application for a wireless telecommunications facility where
the project is proposed for placement on fire department facilities.

end insert begin insert

(b) A city or county may charge a reasonable permit,
application, consulting, or other fee associated with the submission,
review, processing, or approval of an application for a permit for
construction or reconstruction for a development project for a
wireless telecommunications facility, but only if a similar fee is
required for similar types of commercial development within the
city or county.

end insert

begin insert

begin insert SEC. 3. 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.

end insert

begin delete

SECTION 1.  

Notwithstanding Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, including subdivisions (e) and (h) of Section 11346.1 of the
Government Code, the emergency regulations amending Section
1724.9 of Title 14 of the California Code of Regulations adopted
by the Division of Oil, Gas, and Geothermal Resources in the
Department of Conservation effective February 5, 2016, shall
remain in effect until the adoption, amendment, or repeal of the
regulations is promulgated by the division pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.

SEC. 2.  

Section 1 of this act shall remain in effect only until
January 1, 2019, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2019, deletes or
extends that date.

SEC. 3.  

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

In order to ensure that emergency regulations implementing
protective standards for all underground gas storage projects in
the state remain in effect, it is necessary that this act take effect
immediately.

end delete