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California Ham
Antenna Bill Headed for Assembly Floor
NEWINGTON, CT, Apr 4, 2003--California's
latest attempt to pass an Amateur Radio antenna bill, Assembly Bill 1228, this
week zoomed through the Assembly Committee on Local Government. The bill,
introduced February 21 by Assemblyman Bob Dutton (R-63rd), got a unanimous 9-0
favorable vote at the April 2 hearing. The measure now goes to the full
Assembly for a vote.
"In five minutes it was all over," said ARRL
staffer and antenna expert Dean Straw, N6BV, a California resident who
testified on behalf of the measure at the committee gathering. Straw pointed
out that AB 1228--which is being called "The Emergency Communications
Enhancement Act"--is designed to align California regulations with federal law.
"AB 1228 makes it clear to municipalities what the federal law really is, while
preserving local flexibility in dealing with individual Amateur Radio
communication needs," Straw told the committee.
ARRL Pacific Division Director Bob Vallio,
W6RGG, also spoke. ARRL Southwestern Division Director Art Goddard, W6XD,
expressed his appreciation for the support of amateurs in Southern California
to get the bill through its first major hurdle. "We are elated," he said. "Now
on to the Assembly!"
AB 1228 would
incorporate the language of PRB-1 into the statutes of California, home to some
100,000 Amateur Radio licensees--by far the greatest number of any other state
and nearly 15 percent of total US licensees. The measure would require any
ordinance regulating Amateur Radio antenna structures to not preclude but to
"reasonably accommodate" Amateur Radio communications, to allow amateur station
antenna structures "at heights and dimensions sufficient to accommodate Amateur
Radio Service communications" and to constitute "the minimum practicable
regulation to accomplish the legitimate purpose of the city or county."
The California legislature approved a nearly
identical PRB-1 measure three years ago, but Gov Gray Davis vetoed it after it
reached his desk. Davis said at the time that he did so because funds for
required studies were not included in his budget and because he considered
amateur antennas "a local rather than a state issue." Sponsors of the current
measure are planning steps to head off a second veto. The new bill--introduced
at the request of the committee that worked on the 2000 legislation--does not
carry a price tag, a point that Straw also made in his comments.
Straw praised Dutton's handling of the bill
in committee and the work of his staff. "Assemblyman Dutton knew all the
issues, and he directly answered the concerns brought up yet again by the
American Planning Association (APA)," Straw said. The League of California
Cities has, so far, remained neutral on the measure.
Mike Mitchell, W6RW, credited with being the "sparkplug" of the 2003
PRB-1 bill committee, said the next step is a vote on the floor of the
Assembly. If that's successful, AB 1228 would move to the Senate Local
Government Committee where "we will once again need witnesses." Goddard pointed
out that the committee is composed of Northern and Southern California hams,
since California spans two ARRL divisions.
So far, 17 states--Utah is the latest--have incorporated the essence of
PRB-1 into their laws. A handful of states have approved Amateur Radio antenna
legislation that includes minimum regulatory heights for antenna structures.
Bills are pending in several other states with substantial Amateur Radio
populations, including New York and New Jersey.
A copy of the proposed legislation is available on the California
Legislature Web site.
Page last modified: 02:03 PM, 04 Apr 2003 ET
Page author: awextra@arrl.org
Copyright © 2003, American Radio Relay League, Inc. All Rights Reserved.
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