Bill Text: CA AB965 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Local government: broadband permit applications.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-10-08 - Chaptered by Secretary of State - Chapter 553, Statutes of 2023. [AB965 Detail]
Download: California-2023-AB965-Amended.html
Bill Title: Local government: broadband permit applications.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-10-08 - Chaptered by Secretary of State - Chapter 553, Statutes of 2023. [AB965 Detail]
Download: California-2023-AB965-Amended.html
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Amended
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Senate
June 07, 2023 |
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Amended
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Assembly
May 01, 2023 |
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Amended
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Assembly
April 24, 2023 |
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Amended
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Assembly
March 16, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 965
| Introduced by Assembly Member Juan Carrillo |
February 14, 2023 |
An act to add Section 65964.3 to the Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 965, as amended, Juan Carrillo.
Local government: broadband permit applications.
(1) Existing law, the Permit Streamlining Act, governs the approval process that a city or county is required to follow when approving, among other things, a permit for construction or reconstruction for a development project for a wireless telecommunications facility and a collocation or siting application for a wireless telecommunications facility.
This bill would require a local agency to undertake batch broadband permit processing, as defined, upon receiving 2 or more broadband permit applications for substantially similar broadband project sites submitted at the same time by the same applicant, within a presumptively reasonable time, as defined. The bill would define “local agency” for these purposes to mean a city, county, city and county, charter city, special
district, or, subject to specified exceptions, or publicly owned utility. utility, other than certain publicly owned electric utilities. If a local agency does not approve those broadband permit applications for substantially similar broadband project sites and issue permits, or reject the applications and notify the applicants, within the presumptively reasonable time, time or longer period permitted under applicable law, the bill would
require that all of those permits be deemed approved. The bill would authorize a local agency to place reasonable limits on the number of broadband project sites that are grouped into a single permit while undertaking batch broadband permit processing, as specified. The bill would provide that a local agency may only remove a broadband project site from grouping under a single permit under mutual agreement with the applicant or to expedite the approval of other substantially similar broadband project sites. The bill, if a local agency denies a broadband permit application, would require the local agency to notify the applicant in writing of the reasons for the denial. The bill would specify that these provisions do not apply to eligible facility requests, as defined.
(2) The bill would include findings that changes
proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
(3) By imposing new duties on local agencies with regard to the processing of broadband permit applications, 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 no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the Broadband Permit Efficiency and Local Government Staff Solution Best Practices Act of 2023.SEC. 2.
The Legislature hereby finds and declares all of the following:(a) Governor Gavin Newsom’s Executive Order N-73-20 stated that “the COVID-19 pandemic has amplified the extent to which broadband is essential for public safety, public health, and economic resilience.”
(b) The public’s increased reliance on high-speed internet access for remote work, telehealth, emergency response, education, and commerce demonstrates the need for legislation to accelerate the deployment of broadband infrastructure.
(c) The length of time it
takes for a local jurisdiction to process permits for broadband projects is among the many factors that can directly impacts impact the length of time it takes before a project can provide high-speed internet service to a local community and get people connected.
(d) Each local jurisdiction in California has its own permitting process and timeline for broadband projects. Some utilize the industry best practice of permit batching, master permit,
programmatic permits, or term permits, which allows large volumes of substantially similar broadband permits to be processed and approved within an expedited timeframe.
(e) Both public and private broadband projects are trying to be built as fast as possible since unobligated federal American Rescue Plan Act of 2021 (Public Law 117-2) funds expire on December 31, 2024.
(f)There are currently over 1,000 broadband permits pending with local jurisdictions in California that would improve internet connectivity for millions of residents.
(f) Each year, thousands of broadband permit applications are submitted to local jurisdictions throughout California that would improve internet connectivity for residents and businesses.
(g) Requiring that local jurisdictions process Processing groups of substantially similar broadband permits at the same time will be more efficient on the workload of local government staff. Permit fees will still be received by local governments, but staff can more easily process routine, high-volume broadband permits as a group instead of individually to help bridge the digital divide.
(h) Batch broadband permitting processing will allow local governments to more easily process routine, high-volume broadband permits as a group instead of individually to help more quickly connect communities to high-speed internet.
(h)
(i) Given the importance of broadband for public safety, public health, economic growth, education, and job creation, it is in California’s best interest for public and private broadband project
permits to be processed as quickly and efficiently as possible.
SEC. 3.
Section 65964.3 is added to the Government Code, to read:65964.3.
(a) For purposes of this section, the following definitions apply:(1) “Batch broadband permit processing” means the simultaneous processing of multiple broadband permit applications for substantially similar broadband project sites under a single permit.
(2) “Broadband permit application” means an application or other documents submitted for review by a local agency to permit
the construction of a broadband project. A broadband permit application may fall into four subtypes:
(A)Aerial construction.
(B)Trenched construction.
(C)Wireless construction.
(D)Other.
(3) “Broadband project” means the proposed facility, including the support structure and any supporting equipment necessary for operation of the proposed facility. A broadband project may be comprised of one or more components, including, but not limited to, a wireless facility, a fiber optic connection, and other supporting equipment, each of which may require separate permits or
authorizations by a local agency.
(4) “Local agency” has the same meaning as the term is defined in Section 65964.5, except that it does not include a publicly owned electric utility that is subject to Part 2 (commencing with Section 9510) of Division 4.8 of the Public Utilities Code, provided that the publicly owned electric utility processes broadband applications, including applications associated with power, consistent with the process established in Section 9511 of the Public Utilities Code.
(5) “Presumptively reasonable time” means the timeframe that
timeframe, if any, specified in applicable law within which a local agency must review and resolve an application pursuant to applicable law following submission of a complete broadband permit application. The presumptively reasonable time period may be modified by mutual, written agreement between the local agency and the applicant.
(6) “Substantially similar broadband project sites” means broadband project sites that are nearly identical in terms of equipment and general design, but not location.
(b) Subject to subdivision (e), a local agency shall undertake batch broadband permit processing upon receiving two or more broadband permit applications
for substantially similar broadband project sites submitted at the same time by the same applicant. Batch broadband permit processing for wireless broadband projects shall be completed within a presumptively reasonable time for wireless broadband
projects subject pursuant to applicable law unless a longer period of time is permitted under the circumstances pursuant to applicable law, including Section 1.6003 of Title 47 of the Code of Federal Regulations.
(c) If a local agency does not approve broadband permit applications for substantially similar wireless broadband project sites submitted for batch broadband permit processing pursuant to this section and issue permits, or reject the applications and notify the applicants, within the presumptively reasonable time, time or a longer period permitted under applicable law,
all of the permits shall be deemed approved. approved pursuant to Section 65964.1.
(d) The Legislature finds and declares that batch broadband permitting processing will allow local governments to still receive permit fees, but staff can more easily process routine, high-volume broadband permits as a group instead of individually to help bridge the digital divide and more quickly connect communities to high-speed internet. This will allow the state to meet the federal broadband funding deadline of December 31, 2024, while creating greater broadband equity amongst communities so more individuals can have access to high-speed internet access for emergency response,
remote work, telehealth, education, and commerce.
(e) The requirements of this section shall not apply to eligible facility requests, as defined and governed by Section 1455 of Title 47 of the United States Code.
(f) (1) This section does not preclude a local agency from requiring compliance with any requirements relating to the design, construction, or location of broadband projects that the local agency is otherwise authorized to impose or enforce under applicable law, including, without limitation, any
generally applicable health and safety requirements. Enforcement of applicable health and safety requirements by a local agency shall be initiated by issuance of a written finding that the facility proposed in a broadband permit application would have a specific, adverse impact on the public health or safety.
(2) If a broadband permit application is denied, the local agency shall notify the applicant in writing of the reasons for the denial.
(g) Nothing in this section shall supersede, nullify, or otherwise alter the requirements to comply with safety standards, including, but not
limited to, both of the following:
(1) Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1.
(2) The Public Utilities Commission’s General Order No. 128, Rules for Construction of Underground Electric Supply and Communication Systems, or successor rules adopted by the commission.
(h)A local agency may place reasonable limits on the number of broadband project sites that are grouped into a single permit while undertaking batch broadband permit processing. A reasonable limit established pursuant to this subdivision shall be no less than 50 project sites. A local agency may only remove a broadband project site from grouping under a single permit under mutual agreement with the
applicant or to expedite the approval of other substantially similar broadband project sites.
(h) (1) A local agency may place reasonable limits on the number of broadband project sites that are grouped into a single permit while undertaking batch broadband permit processing.
(2) A reasonable limit imposed pursuant to paragraph (1) shall be no less than either of the following:
(A) For a city with a population of fewer than 50,000 or a county with a population of fewer than 150,000, including each city within that county, 25 project sites.
(B) For a city or county with a population greater than the applicable population described in subparagraph (A), 50 project sites.
(3) A local agency may only remove a broadband project site from grouping under a single permit under mutual agreement with the applicant or to expedite the approval of other substantially similar broadband project sites.
(i) A local agency may impose a fee on batch broadband permitting processing consistent with Section 50030. The reasonable costs of providing the service for which the fee is charged, as that phrase is used in Section 50030, shall be limited to the reasonable costs of the local agency to process and issue the permit and to inspect the installation that is the subject of the permit, including any costs incurred if the applicant elects to expedite processing and review. Where limited resources affect a local agency’s ability to accept and review applications for a broadband project, including batched applications, the local agency shall work with the applicant in good faith to resolve such resource limitations,
including, but not limited to, the acceptance of applicant offers to supplement such resources. Where limited resources affect a local agency’s ability to process applications for a broadband project, including batched applications, a local agency shall work with the applicant in good faith to resolve those resource limitations, which may include, but is not limited to, provision by the applicant of supplemental resources.
