AB 2788 California Assembly · 2015-2016 Regular Session

Wireless telecommunications facilities.

Summary
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.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2016
Committee Review
Jun 2016
Assembly Passage
May 2016
Senate Passage
Governor
Introduced Feb 19, 2016 Last action Jun 22, 2016
Floor votes · Assembly May 27, 2016

How they voted

65–0
Passed · 13 other
Total votes 78
May 27, 2016
D Democratic52
43 Yea 9
82% Yea
I Independent1
1 Yea
100% Yea
R Republican25
21 Yea 4
84% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
20
Key actions
7
Committee
11
Amendments
2
Jun 22, 2016
Upper · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
upper
Jun 20, 2016
Upper · Passed
In committee: Hearing postponed by committee.
upper
Jun 15, 2016
Committee
Re-referred to Coms. on E., U., & C. and GOV. & F.
upper
Jun 13, 2016
Committee
Re-referred to Com. on RLS.
upper
Jun 13, 2016
Committee
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W.
upper
Jun 9, 2016
Committee
Referred to Com. on N.R. & W.
upper
May 27, 2016
Assembly · Passed
Assembly Vote: pass (65-0-13)
assembly
May 18, 2016
Lower · Passed
From committee: Do pass. To Consent Calendar. (Ayes 20. Noes 0.) (May 18).
lower
May 9, 2016
Committee
Re-referred to Com. on APPR.
lower
May 5, 2016
Lower · Passed
Read second time and amended.
lower
May 4, 2016
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (May 3).
lower
Apr 21, 2016
Lower · Passed
In committee: Hearing postponed by committee.
lower
Mar 10, 2016
Committee
Referred to Com. on NAT. RES.
lower
Feb 21, 2016
Lower · Passed
From printer. May be heard in committee March 22.
lower
Feb 19, 2016
Introduced
Introduced. To print.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Mike Gatto
Mike Gatto
DDemocratic
CA
43