CSAC Bulletin Article

Housing, Land Use and Transportation

Land Use and Planning

AB 57 (Quirk) – Oppose 
As amended on April 6, 2015

Assembly Bill 57, by Assembly Member Bill Quirk, would deem approved any application for colocation or siting of a new wireless telecommunications facility if a city or county fails to approve or disapprove the application within time periods that the Federal Communications Commission (FCC) established for colocation and siting applications. Under the FCC rule, local governments were given 90 days to respond to colocation applications and 150 days for siting applications. Unlike AB 57, the FCC’s 90/150-day rule only provided wireless telecommunications carriers with a rebuttable presumption to be used in court if a local agency failed to act in a timely manner. 

CSAC opposes AB 57 because it goes beyond the requirements of federal law and regulations, limits the ability of local agencies to review projects, and may perversely result in more permit denials if adequate review cannot be completed within the prescribed timeframes. Moreover, CSAC feels that the wireless industry has failed to demonstrate that delays in siting or co-locating these facilities are primarily due to failure by local agencies to expeditiously process permits, which calls into question the necessity of the bill. CSAC encourages counties to review the bill and weigh in with your legislative delegation.

AB 57 will be heard in the Senate Energy, Utilities and Communications Committee on Tuesday, June 16.

AB 1236 (Chiu) – Oppose 
As amended on April 20, 2015

AB 1236, by Assembly Member David Chiu, would mandate all 58 counties and 482 cities adopt an ordinance to create a new expedited permitting and inspection process for electric vehicle (EV) charging stations. Specifically, this bill would require every city and county to adopt an ordinance by September 30, 2016 that creates an expedited and streamlined permitting process for EV charging stations that also includes a checklist of all requirements with which EV charging stations shall comply to be eligible for expedited review. Further, AB 1236 would require every city and county to approve the installation of EV charging stations unless the city or county makes written findings, based on substantial evidence in the record, that the proposed installation would have an adverse impact upon the public health or safety and that those impacts cannot be mitigated.

CSAC opposes this overly-broad and prescriptive measure, which would require the costly and time-consuming adoption of a local ordinance. We are concerned that the approach will not allow for consideration of unique local circumstances, nor applications that may be more complicated than the installation of a single charging station. For instance, a station with multiple charging outlets that qualifies as a public accommodation may have accessibility issues and implications related to parking standards or other local ordinances. 

AB 1236 will be heard in the Senate Governance and Finance Committee on Wednesday, June 17.


AB 323 (Olsen) – Support
As amended on April 6, 2015

Assembly Bill 323, by Assembly Minority Leader Olsen, would extend until January 1, 2020 the provisions of AB 890 (Olsen, 2012) which allow a city or county with less than 100,000 population to exempt from CEQA review a project to repair, maintain, or make minor alterations to an existing roadway for public safety purposes. CSAC supported AB 890, and supports the extension of the current sunset date.

AB 323 will be heard in the Senate Environmental Quality Committee Wednesday, June 17.

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