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AB-1166 Communications: wireless telecommunications facilities.(2021-2022)

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Date Published: 03/18/2021 09:00 PM
AB1166:v98#DOCUMENT

Amended  IN  Assembly  March 18, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1166


Introduced by Assembly Member Grayson

February 18, 2021


An act relating to communications. An act to amend Section 65964.1 of the Government Code, relating to communications.


LEGISLATIVE COUNSEL'S DIGEST


AB 1166, as amended, Grayson. Broadband access. Communications: wireless telecommunications facilities.
Pursuant to existing federal law, the Federal Communications Commission (FCC) has adopted decisions and rules, and updated those decisions and rules, establishing reasonable time periods within which a local government is required to act on a collocation or siting application for certain wireless communications facilities.
Existing law requires that a collocation or siting application for a wireless telecommunications facility be deemed approved if a city or county fails to approve or disapprove the application within the reasonable time periods specified in applicable FCC decisions, as defined, all required public notices have been provided regarding the application, and the applicant has provided a notice to the city or county that the reasonable time period has lapsed.
This bill would require that the reasonable time periods described above be determined pursuant to specified FCC rules, as defined, instead of applicable FCC decisions. The bill would require the time period for a city or county to approve or disapprove a collocation or siting application to commence when the applicant takes the first procedural step that the city or county requires as part of its applicable regulatory review process.

Existing law requires the Public Utilities Commission to develop, implement, and administer the California Advanced Services Fund program to encourage deployment of high-quality advanced communications services to all Californians. Existing law provides that the goal of the program is to, no later than December 31, 2022, approve funding for infrastructure projects that will provide broadband access to no less than 98% of California households, as provided.

This bill would state the intent of the Legislature to enact future legislation to streamline cell tower permitting to expand broadband access.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 65964.1 of the Government Code is amended to read:

65964.1.
 (a) A collocation or siting application for a wireless telecommunications facility, as defined in Section 65850.6, shall be deemed approved if all of the following occur:
(1) The city or county fails to approve or disapprove the application within a reasonable period of time in accordance with the time periods and procedures established by applicable FCC decisions. rules. The reasonable period of time may be tolled to accommodate timely requests for information required to complete the application or may be extended by mutual agreement between the applicant and the local government, consistent with applicable FCC decisions. rules.
(2) The applicant has provided all public notices regarding the application that the applicant is required to provide under applicable laws consistent with the public notice requirements for the application.
(3) (A) The applicant has provided notice to the city or county that the reasonable time period has lapsed and that the application is deemed approved pursuant to this section.
(B) Within 30 days of the notice provided pursuant to subparagraph (A), the city or county may seek judicial review of the operation of this section on the application.
(b) This section does not apply to eligible facilities requests.
(c) The Legislature finds and declares that a permitting of wireless telecommunications facility facilities has a significant economic impact in California and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution, but is a matter of statewide concern.
(d) As used in this section, the following terms have the following meanings: definitions apply:
(1) “Applicable FCC decisions” rules” means In re Petition for Declaratory Ruling, 24 FCC Rcd. 13994 (2009) and In the Matter of Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies, Report and Order, 29 FCC Rcd. 12865 (2014). those regulations contained in Subpart U (commencing with Section 1.6001) of Part 1 of Subchapter A of Chapter I of Title 47 of the Code of Federal Regulations.
(2) “Authorization” has the same meaning as defined in Section 1.6002(f) of Title 47 of the Code of Federal Regulations.
(3) “Deemed approved” means that the applicant may construct the wireless telecommunications facility that is the subject of the application consistent with the application, and is not required to seek further authorization, such as other collateral applications, from the city or county in order to construct the facility.

(2)

(4) “Eligible facilities request” has the same meaning as in Section 1455 of Title 47 of the United States Code.
(e) For purposes of this section, the time period for a city or county to approve or disapprove a collocation or siting application shall commence when the applicant takes the first procedural step that the city or county requires as part of its applicable regulatory review process.

(e)

(f) Except as provided in subdivision (a), nothing in this section limits or affects the authority of a city or county over decisions regarding the placement, construction, and modification of a wireless telecommunications facility.

(f)

(g) Due to the unique duties and infrastructure requirements for the swift and effective deployment of firefighters, this section 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.

SECTION 1.

It is the intent of the Legislature to enact future legislation to streamline cell tower permitting to expand broadband access.