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.
Transportation
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.