California Assembly Bill AB537

California 2021-2022 Regular Session

• Introduced: 2/10/21
• Refer: 3/11/21
• Report Pass: 3/11/21
• Refer: 3/15/21
• Report Pass: 3/30/21
• Refer: 4/5/21
• Report Pass: 4/15/21
• Refer: 4/15/21
• Report Pass: 4/29/21
• Refer: 4/29/21
• Report Pass: 5/19/21
• Engrossed: 6/1/21
• Refer: 6/2/21
• Refer: 6/9/21
• Report Pass: 6/22/21
• Refer: 6/22/21
• Report Pass: 7/1/21
• Refer: 7/1/21
• Report Pass: 7/12/21
• Refer: 7/13/21
• Refer: 8/16/21
• Report Pass: 8/26/21
• Enrolled: 9/2/21
• Chaptered: 10/4/21
• Passed: 10/4/21

Caption

Communications: wireless telecommunications and broadband facilities.

Impact

AB537 alters the regulatory landscape for local governments by mandating that applications for wireless facility collocation or siting are automatically deemed approved if the city or county does not act within certain timeframes established by the Federal Communications Commission (FCC). It requires local jurisdictions to notify applicants of any incompleteness in their applications promptly. Additionally, the bill specifies that local agencies cannot unreasonably delay the approval process, which seeks to prevent long permitting times that hinder the rollout of critical broadband services.

Summary

Assembly Bill No. 537, also known as AB537, aims to amend Section 65964.1 of the Government Code to streamline the processes around the siting and collocation of wireless telecommunications facilities. The bill was introduced in response to the increasing reliance on high-speed internet access for remote work, education, telehealth, and emergency services, which became particularly evident during the COVID-19 pandemic. It emphasizes the need for expedited deployment of broadband infrastructure to improve connectivity for California residents, especially those who have faced challenges due to unreliable internet access.

Sentiment

The sentiment surrounding AB537 appears to be largely supportive among stakeholders who advocate for fast-tracking broadband deployment. Proponents emphasize the bill's potential to resolve lengthy permitting processes that can stifle economic growth and community development. However, there are concerns about the implications for local control and regulatory authority, as local governments may feel constrained by this statewide mandate, which could limit their ability to enforce specific local regulations related to public safety and infrastructure.

Contention

Notable points of contention regarding AB537 revolve around the balance of state versus local authority. While the bill aims to enhance broadband access across California, local officials have voiced concerns about the state's approach to overriding their discretion in permitting matters. Additionally, the provision stating that the state will not reimburse local agencies for costs related to the bill raises issues of fairness, as local jurisdictions may bear the financial burden of implementing these mandated changes without state support.