SB-1714 Status Report
In response to a number of telephone calls and email requests for information, following is a status report on SB-1714, the California bill which represents our first step toward restraining local jurisdictions from regulating Amateur Radio antennas out of existence. As you will recall, the bill passed the California Senate 39-0 on May 30. From there it went to the Assembly for consideration. On June 6 it was assigned to the Assembly Local Government Committee. The wording of the bill has been under constant review, especially by Pacific Division Volunteer Counsel Coordinator Harry Styron, K6HS and members of a Steering Committee chaired informally by Harry. On June 22 some wording changes recommended by Harry were incorporated which make it clearer than before that Amateur Radio representatives will participate in the study mandated by the bill. The full text of the bill, as amended, is appended. As mentioned above, the Assembly first took up the bill in their Local Government Committee. The Committee held a public hearing on June 28, in Sacramento. Pacific Division Vice Director Bob Vallio, W6RGG and Sacramento Valley Section Manager Jerry Boyd, K6BZ ably represented Amateur Radio at the hearing. The bill was passed out of committee by a unanimous vote of 9-0. We all owe Bob and Jerry a debt of gratitude for taking time out of their schedules to represent us. We also owe a debt to Senator Brulte, who also was present at the hearing, and who made a strong presentation in favor of the bill. Following SB-1714's acceptance by the Assembly Committee on Local Government on June 28, it was referred to the Committee on Appropriations. The Appropriations Committee has scheduled a hearing on August 8, in Sacramento. Indications are that the flow of letters from concerned hams to the Assembly has increased significantly over the past month. But more are needed! Please write to your Assembly representative, either by email or by snail mail. If you agree with the bill, in your letter please urge passage of SB-1714 when it reaches the Assembly floor. We have no date thus far for its appearance in the Assembly, but we must assume that it could come very quickly following action by the Appropriations Committee. So, write! Copies to me and to Harry Styron would be most appreciated: w6cf@arrl.org for me, hlstyron@wcrklaw.com for Harry. A note of clarification: In California, bill nomenclature does not change as it moves from the Senate to the Assembly, or from the Assembly to the Senate. Our bill originated in the Senate as SB-1714 and now keeps the same designator as it works its way through the Assembly. In your letters it's therefore proper to continue to call it SB-1714, even though it's now being considered by the Assembly.
California PUC Hearing on Undergrounding of Power Lines
A number of Pacific Division hams have been struggling for some time to resolve RFI problems caused by power line leakage. A study now under way by the California Public Utilities Commission (CPUC) may be useful for our cause. The purpose of the study is to investigate ways to "amend, revise, and improve rules governing the replacement of overhead electric and communications facilities with underground facilities." Full details are available from the CPUC web site, http://nic.cpuc.ca.gov/. When at the site, look for the section titled R.00-01-005, "Order Instituting Rulemaking into Implementation of Assembly Bill 1149." Of immediate interest are the public hearings which have been scheduled. The only one remaining is to be held in Sacramento on July 17, 4:00PM to 7:00PM in the Employment Development Department Auditorium 722 Capitol Mall Sacramento, CA These hearings, plus other studies already completed, are expected to lead to a final report to the Legislature, due Jan. 1, 2001. Written comments may also be accepted, although the procedure for submitting them isn't clear from the information provided by the CPUC. A brief review of the CPUC "White Paper" covering this effort (available on the web site noted above) indicates that it may not be recognized that interference to amateur radio communications may have public safety implications. For example, one might be able to make the case that if communications are rendered ineffective by severe power line interference, there will be some measurable adverse effect on public safety. Moreover, the paper does not discuss the possibility that the conditions that cause power line interference might themselves create a public hazard. Thanks to Jeffrey Pawlan, WA6KBL, who first uncovered this CPUC activity and recognized its significance to hams.
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Text of SB-1714 as Amended:
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65850.3 is added to the Government Code, to read: 65850.3. Any ordinance adopted by the legislative body of a city or county that regulates amateur radio station antenna structures shall not preclude amateur radio service communications. Any ordinance that regulates amateur radio station antenna structures shall reasonably accommodate amateur radio service communications and shall constitute the minimum practicable regulation to accomplish the legitimate purpose of the city or county. SEC. 2. On or before July 1, 2001, the Director of the Office of Planning and Research shall do all of the following: (a) Prepare and publish a technical assistance bulletin suitable for use by local officials and planners in the preparation and adoption of local ordinances that regulate the placement, screening, and height of amateur radio service antennas. In preparing this bulletin, the director shall consult with individuals and groups with experience in amateur radio service communications and land use regulation, including, but not limited to, the American Radio Relay League, the American Planning Association, the League of California Cities, the California State Association of Counties, and the Federal Communications Commission. (b) Prepare and publish a model ordinance suitable for adoption by the legislative bodies of cities and counties for the regulation of the placement, screening, and height of amateur radio service antennas. In preparing this model ordinance, the director shall consult with individuals and groups with experience in amateur radio service communications and land use regulation, including, but not limited to, those groups listed in subdivision (a). c) Report to the Legislature and the Governor regarding any recommendations for changes to the state statutes regarding state or local regulation of amateur radio service antennas.
Jim Maxwell, W6CF, Director, Pacific Division, ARRL http://www.pdarrl.org/
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Amateur Radio: If you're not having fun, you are not doing it right!
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W6YN Don Milbury