BILL NUMBER: AB 57	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 18, 2015
	AMENDED IN SENATE  JULY 8, 2015
	AMENDED IN SENATE  JULY 2, 2015
	AMENDED IN ASSEMBLY  APRIL 6, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Quirk

                        DECEMBER 2, 2014

   An act to add Section 65964.1 to the Government Code, relating to
telecommunications.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 57, as amended, Quirk. Telecommunications: wireless
telecommunication facilities.
   Existing law requires a city, including a charter city, or county
to administratively approve an application for a collocation facility
on or immediately adjacent to a wireless telecommunications
collocation facility, as defined, through the issuance of a building
permit or a nondiscretionary permit, as specified. Existing law
prohibits a city or county from taking certain actions as a condition
of approval of an application for a permit for construction or
reconstruction for a development project for a wireless
telecommunications facility.
   Under existing federal law, the Federal Communications Commission
issued  a ruling   rulings  establishing
reasonable time periods within which a local government is required
to act on a collocation or siting application for a wireless
telecommunications facility.
   This bill would provide that a collocation or siting application
for a wireless telecommunications facility is deemed approved if the
city or county fails to approve or disapprove the application within
the reasonable time periods specified in applicable decisions of the
Federal Communications Commission, 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.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 65964.1 is added to the Government Code, 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.
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.
   (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 wireless
telecommunications facility 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:
   (1) "Applicable FCC decisions" 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), as they may be modified or superseded by subsequent decisions
of the Federal Communications Commission.   (2014).

   (2) "Eligible facilities request" has the same meaning as in
Section 1455 of Title 47 of the United States Code. 
   (e) 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) 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.