Bill Text: CA AB2788 | 2015-2016 | Regular Session | Amended
Bill Title: Wireless telecommunications facilities.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB2788 Detail]
Download: California-2015-AB2788-Amended.html
BILL NUMBER: AB 2788 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 13, 2016
AMENDED IN ASSEMBLY MAY 5, 2016
INTRODUCED BY Assembly Member Gatto
FEBRUARY 19, 2016
An act relating to oil and gas, and declaring the urgency
thereof, to take effect immediately. An act to amend
Sections 65850.6 and 65964 of the Government Code, relating to
telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
AB 2788, as amended, Gatto. Natural gas storage:
emergency regulations. Wireless telecommunications
facilities.
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.
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.
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.
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.
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.
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.
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.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3 majority . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65850.6 of the
Government Code is amended to read:
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.
(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.
(2)
(3) "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.
(3)
(4) "Wireless telecommunications collocation facility"
means a wireless telecommunications facility that includes
collocation facilities.
(e) The Legislature finds and declares that a small cell and
a collocation facility, as defined in this section,
has have a significant economic impact in
California and is are not a municipal
affair as that term is used in Section 5 of Article XI of the
California Constitution, but is are 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.
(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.
SEC. 2. Section 65964 of the Government
Code is amended to read:
65964. (a) 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:
(a)
(1) 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.
(b)
(2) 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. 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.
However, cities and counties may establish a build-out period for a
site.
(c)
(3) Require that all wireless telecommunications
facilities be limited to sites owned by particular parties within the
jurisdiction of the city or county.
(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.
(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.
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.
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.
