Amended IN Assembly April 24, 2023 Amended IN Assembly March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 965Introduced by Assembly Member Juan CarrilloFebruary 14, 2023An act to add Section 65964.3 to the Government Code, relating to local government.LEGISLATIVE COUNSEL'S DIGESTAB 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 city, county, city and county, charter city, special district, or publicly owned utility, to undertake batch broadband permit processing, as defined, upon receiving 2 or more substantially similar broadband permit applications for substantially similar broadband project sites submitted at the same time, time by the same applicant, within a presumptively reasonable time, as defined. If a city, county, city and county, charter city, special district, or publicly owned utility does not approve those substantially similar 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, the bill would require that all of those permits be deemed approved. The bill would authorize a city, county, city and county, charter city, special district, or publicly owned utility to place reasonable limits on the number of broadband project sites that are grouped into a single permit while undertaking batch broadband permit processing and to remove a broadband project site from grouping under a single permit, only under mutual agreement with the application or to expedite the approval of other substantially similar broadband project sites. 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: YES Bill TextThe 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 Newsoms 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 publics 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 the length of time it takes before a project can provide high-speed internet service to a local community and get people connected.(d)Some local jurisdictions approve permits for broadband projects within the federally mandated 60-day timeline. Other jurisdictions take months or years to approve the same type of project, preventing local residents from accessing high-speed internet.(e)(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.(f)Californias Middle-Mile Broadband Initiative is also utilizing this approach. The Department of Technologys Deputy Director of Broadband stated at the January 20, 2023, Middle-Mile Advisory Committee meeting, Part of the work of this effort has been to streamline the permitting processes and the Department of Technology, Caltrans, and the state resource agencies have gone to considerable lengths to shorten that timeline.(g)The Department of Transportations Assistant Deputy Director for the Middle-Mile Broadband Initiative stated at the January 20, 2023, Middle-Mile Advisory Committee meeting, With this effort, the programmatic permits will cover regional and statewide activities. The outcome and benefits of these programmatic efforts are reduced timelines.(h)On January 11, 2023, the Department of Technologys Deputy Director for the Broadband Middle-Mile Initiative stated, Weve also been working with Caltrans to find ways to expedite its State and Federal permitting efforts to again help this project move quickly within those Federal timeframes.(i)(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.(j)(f) There are currently over 1,000 broadband permits pending with local jurisdictions in California that would improve internet connectivity for millions of residents.(k)(g) Requiring that local jurisdictions process 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.(l)A local government in southern California recently consolidated 100 substantially similar broadband permits into one master-permit saving time and allowing the jurisdiction to receive all permit-fees upfront, resulting in 16 miles of fiber being deployed in six weeks, which improved internet connectivity for thousands of Californians.(m)(h) Given the importance of broadband for public safety, public health, economic growth, education, and job creation, it is in Californias 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 more than one substantially similar broadband permit application. 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 broadband infrastructure of any type. Broadband infrastructure includes, but is not limited, to any of the following: a broadband project. A broadband permit application may fall into four subtypes:(A)Fiber.(B)Wired or wireless facilities.(C)Any other facility used to transport data, video, or voice services by wire or radio.(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.(3)(4) Local agency has the same meaning as the term is defined in Section 65964.5.(4)(5) Presumptively reasonable time means no more than 60 days following submission of a complete broadband permit application, except as modified by a mutual, written agreement between the local agency and the applicant. the timeframe that a local agency must review and resolve an application pursuant to applicable law, or to the extent the time period is not preempted or otherwise governed by applicable law, the applicable time period listed below, following submission of a complete broadband permit application. The following presumptively reasonable time periods may be modified by mutual, written agreement between the local agency and the applicant. The following time periods shall be administered in accordance with Section 1.6003 of Title 47 of the Code of Federal Regulations.(A) The presumptively reasonable timeframe for aerial construction is no more than 60 days.(B) The presumptively reasonable timeframe for trenched construction is no more than 90 days.(C) The presumptively reasonable timeframe for wireless construction are the periods and procedures established by applicable FCC rules.(D) The presumptively reasonable timeframe for other subtypes of permit applications is no more than 90 days.(5)(6) Substantially similar broadband permit applications project sitesmeans broadband permit applications project sites that are nearly identical in terms of equipment and general design, but not location or construction method. location.(b) Subject to subdivision (e), a local agency shall undertake batch broadband permit processing upon receiving two or more substantially similar broadband permit applications for substantially similar broadband project sites submitted at the same time. time by the same applicant. Batch broadband permit processing shall be completed within a presumptively reasonable time. time, 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 substantially similar broadband permit applications for substantially similar 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, all of the permits shall be deemed approved.(d) The Legislature finds and declares that processing several substantially similar broadband permit applications at the same time 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) This section does not preclude a local agency from requiring compliance with 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.(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 Commissions 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 local agency may only remove a broadband project site from grouping under a single permit under mutual agreement with the application or to expedite the approval of other substantially similar broadband project sites.SEC. 4. The Legislature finds and declares that the efficient approval of broadband permit applications is critical to the deployment of broadband services, is a matter of statewide concern, and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 3 of this act adding Section 65964.3 to the Government Code applies to all cities, including charter cities.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
Amended IN Assembly April 24, 2023 Amended IN Assembly March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 965Introduced by Assembly Member Juan CarrilloFebruary 14, 2023An act to add Section 65964.3 to the Government Code, relating to local government.LEGISLATIVE COUNSEL'S DIGESTAB 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 city, county, city and county, charter city, special district, or publicly owned utility, to undertake batch broadband permit processing, as defined, upon receiving 2 or more substantially similar broadband permit applications for substantially similar broadband project sites submitted at the same time, time by the same applicant, within a presumptively reasonable time, as defined. If a city, county, city and county, charter city, special district, or publicly owned utility does not approve those substantially similar 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, the bill would require that all of those permits be deemed approved. The bill would authorize a city, county, city and county, charter city, special district, or publicly owned utility to place reasonable limits on the number of broadband project sites that are grouped into a single permit while undertaking batch broadband permit processing and to remove a broadband project site from grouping under a single permit, only under mutual agreement with the application or to expedite the approval of other substantially similar broadband project sites. 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: YES
Amended IN Assembly April 24, 2023 Amended IN Assembly March 16, 2023
Amended IN Assembly April 24, 2023
Amended IN Assembly March 16, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 965
Introduced by Assembly Member Juan CarrilloFebruary 14, 2023
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
## 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 city, county, city and county, charter city, special district, or publicly owned utility, to undertake batch broadband permit processing, as defined, upon receiving 2 or more substantially similar broadband permit applications for substantially similar broadband project sites submitted at the same time, time by the same applicant, within a presumptively reasonable time, as defined. If a city, county, city and county, charter city, special district, or publicly owned utility does not approve those substantially similar 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, the bill would require that all of those permits be deemed approved. The bill would authorize a city, county, city and county, charter city, special district, or publicly owned utility to place reasonable limits on the number of broadband project sites that are grouped into a single permit while undertaking batch broadband permit processing and to remove a broadband project site from grouping under a single permit, only under mutual agreement with the application or to expedite the approval of other substantially similar broadband project sites. 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.
(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 city, county, city and county, charter city, special district, or publicly owned utility, to undertake batch broadband permit processing, as defined, upon receiving 2 or more substantially similar broadband permit applications for substantially similar broadband project sites submitted at the same time, time by the same applicant, within a presumptively reasonable time, as defined. If a city, county, city and county, charter city, special district, or publicly owned utility does not approve those substantially similar 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, the bill would require that all of those permits be deemed approved. The bill would authorize a city, county, city and county, charter city, special district, or publicly owned utility to place reasonable limits on the number of broadband project sites that are grouped into a single permit while undertaking batch broadband permit processing and to remove a broadband project site from grouping under a single permit, only under mutual agreement with the application or to expedite the approval of other substantially similar broadband project sites. 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
## Bill 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 Newsoms 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 publics 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 the length of time it takes before a project can provide high-speed internet service to a local community and get people connected.(d)Some local jurisdictions approve permits for broadband projects within the federally mandated 60-day timeline. Other jurisdictions take months or years to approve the same type of project, preventing local residents from accessing high-speed internet.(e)(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.(f)Californias Middle-Mile Broadband Initiative is also utilizing this approach. The Department of Technologys Deputy Director of Broadband stated at the January 20, 2023, Middle-Mile Advisory Committee meeting, Part of the work of this effort has been to streamline the permitting processes and the Department of Technology, Caltrans, and the state resource agencies have gone to considerable lengths to shorten that timeline.(g)The Department of Transportations Assistant Deputy Director for the Middle-Mile Broadband Initiative stated at the January 20, 2023, Middle-Mile Advisory Committee meeting, With this effort, the programmatic permits will cover regional and statewide activities. The outcome and benefits of these programmatic efforts are reduced timelines.(h)On January 11, 2023, the Department of Technologys Deputy Director for the Broadband Middle-Mile Initiative stated, Weve also been working with Caltrans to find ways to expedite its State and Federal permitting efforts to again help this project move quickly within those Federal timeframes.(i)(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.(j)(f) There are currently over 1,000 broadband permits pending with local jurisdictions in California that would improve internet connectivity for millions of residents.(k)(g) Requiring that local jurisdictions process 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.(l)A local government in southern California recently consolidated 100 substantially similar broadband permits into one master-permit saving time and allowing the jurisdiction to receive all permit-fees upfront, resulting in 16 miles of fiber being deployed in six weeks, which improved internet connectivity for thousands of Californians.(m)(h) Given the importance of broadband for public safety, public health, economic growth, education, and job creation, it is in Californias 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 more than one substantially similar broadband permit application. 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 broadband infrastructure of any type. Broadband infrastructure includes, but is not limited, to any of the following: a broadband project. A broadband permit application may fall into four subtypes:(A)Fiber.(B)Wired or wireless facilities.(C)Any other facility used to transport data, video, or voice services by wire or radio.(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.(3)(4) Local agency has the same meaning as the term is defined in Section 65964.5.(4)(5) Presumptively reasonable time means no more than 60 days following submission of a complete broadband permit application, except as modified by a mutual, written agreement between the local agency and the applicant. the timeframe that a local agency must review and resolve an application pursuant to applicable law, or to the extent the time period is not preempted or otherwise governed by applicable law, the applicable time period listed below, following submission of a complete broadband permit application. The following presumptively reasonable time periods may be modified by mutual, written agreement between the local agency and the applicant. The following time periods shall be administered in accordance with Section 1.6003 of Title 47 of the Code of Federal Regulations.(A) The presumptively reasonable timeframe for aerial construction is no more than 60 days.(B) The presumptively reasonable timeframe for trenched construction is no more than 90 days.(C) The presumptively reasonable timeframe for wireless construction are the periods and procedures established by applicable FCC rules.(D) The presumptively reasonable timeframe for other subtypes of permit applications is no more than 90 days.(5)(6) Substantially similar broadband permit applications project sitesmeans broadband permit applications project sites that are nearly identical in terms of equipment and general design, but not location or construction method. location.(b) Subject to subdivision (e), a local agency shall undertake batch broadband permit processing upon receiving two or more substantially similar broadband permit applications for substantially similar broadband project sites submitted at the same time. time by the same applicant. Batch broadband permit processing shall be completed within a presumptively reasonable time. time, 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 substantially similar broadband permit applications for substantially similar 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, all of the permits shall be deemed approved.(d) The Legislature finds and declares that processing several substantially similar broadband permit applications at the same time 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) This section does not preclude a local agency from requiring compliance with 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.(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 Commissions 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 local agency may only remove a broadband project site from grouping under a single permit under mutual agreement with the application or to expedite the approval of other substantially similar broadband project sites.SEC. 4. The Legislature finds and declares that the efficient approval of broadband permit applications is critical to the deployment of broadband services, is a matter of statewide concern, and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 3 of this act adding Section 65964.3 to the Government Code applies to all cities, including charter cities.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
The people of the State of California do enact as follows:
## 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.
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.
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.
### SECTION 1.
SEC. 2. The Legislature hereby finds and declares all of the following:(a) Governor Gavin Newsoms 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 publics 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 the length of time it takes before a project can provide high-speed internet service to a local community and get people connected.(d)Some local jurisdictions approve permits for broadband projects within the federally mandated 60-day timeline. Other jurisdictions take months or years to approve the same type of project, preventing local residents from accessing high-speed internet.(e)(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.(f)Californias Middle-Mile Broadband Initiative is also utilizing this approach. The Department of Technologys Deputy Director of Broadband stated at the January 20, 2023, Middle-Mile Advisory Committee meeting, Part of the work of this effort has been to streamline the permitting processes and the Department of Technology, Caltrans, and the state resource agencies have gone to considerable lengths to shorten that timeline.(g)The Department of Transportations Assistant Deputy Director for the Middle-Mile Broadband Initiative stated at the January 20, 2023, Middle-Mile Advisory Committee meeting, With this effort, the programmatic permits will cover regional and statewide activities. The outcome and benefits of these programmatic efforts are reduced timelines.(h)On January 11, 2023, the Department of Technologys Deputy Director for the Broadband Middle-Mile Initiative stated, Weve also been working with Caltrans to find ways to expedite its State and Federal permitting efforts to again help this project move quickly within those Federal timeframes.(i)(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.(j)(f) There are currently over 1,000 broadband permits pending with local jurisdictions in California that would improve internet connectivity for millions of residents.(k)(g) Requiring that local jurisdictions process 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.(l)A local government in southern California recently consolidated 100 substantially similar broadband permits into one master-permit saving time and allowing the jurisdiction to receive all permit-fees upfront, resulting in 16 miles of fiber being deployed in six weeks, which improved internet connectivity for thousands of Californians.(m)(h) Given the importance of broadband for public safety, public health, economic growth, education, and job creation, it is in Californias best interest for public and private broadband project permits to be processed as quickly and efficiently as possible.
SEC. 2. The Legislature hereby finds and declares all of the following:(a) Governor Gavin Newsoms 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 publics 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 the length of time it takes before a project can provide high-speed internet service to a local community and get people connected.(d)Some local jurisdictions approve permits for broadband projects within the federally mandated 60-day timeline. Other jurisdictions take months or years to approve the same type of project, preventing local residents from accessing high-speed internet.(e)(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.(f)Californias Middle-Mile Broadband Initiative is also utilizing this approach. The Department of Technologys Deputy Director of Broadband stated at the January 20, 2023, Middle-Mile Advisory Committee meeting, Part of the work of this effort has been to streamline the permitting processes and the Department of Technology, Caltrans, and the state resource agencies have gone to considerable lengths to shorten that timeline.(g)The Department of Transportations Assistant Deputy Director for the Middle-Mile Broadband Initiative stated at the January 20, 2023, Middle-Mile Advisory Committee meeting, With this effort, the programmatic permits will cover regional and statewide activities. The outcome and benefits of these programmatic efforts are reduced timelines.(h)On January 11, 2023, the Department of Technologys Deputy Director for the Broadband Middle-Mile Initiative stated, Weve also been working with Caltrans to find ways to expedite its State and Federal permitting efforts to again help this project move quickly within those Federal timeframes.(i)(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.(j)(f) There are currently over 1,000 broadband permits pending with local jurisdictions in California that would improve internet connectivity for millions of residents.(k)(g) Requiring that local jurisdictions process 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.(l)A local government in southern California recently consolidated 100 substantially similar broadband permits into one master-permit saving time and allowing the jurisdiction to receive all permit-fees upfront, resulting in 16 miles of fiber being deployed in six weeks, which improved internet connectivity for thousands of Californians.(m)(h) Given the importance of broadband for public safety, public health, economic growth, education, and job creation, it is in Californias best interest for public and private broadband project permits to be processed as quickly and efficiently as possible.
SEC. 2. The Legislature hereby finds and declares all of the following:
### SEC. 2.
(a) Governor Gavin Newsoms 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 publics 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 the length of time it takes before a project can provide high-speed internet service to a local community and get people connected.
(d)Some local jurisdictions approve permits for broadband projects within the federally mandated 60-day timeline. Other jurisdictions take months or years to approve the same type of project, preventing local residents from accessing high-speed internet.
(e)
(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.
(f)Californias Middle-Mile Broadband Initiative is also utilizing this approach. The Department of Technologys Deputy Director of Broadband stated at the January 20, 2023, Middle-Mile Advisory Committee meeting, Part of the work of this effort has been to streamline the permitting processes and the Department of Technology, Caltrans, and the state resource agencies have gone to considerable lengths to shorten that timeline.
(g)The Department of Transportations Assistant Deputy Director for the Middle-Mile Broadband Initiative stated at the January 20, 2023, Middle-Mile Advisory Committee meeting, With this effort, the programmatic permits will cover regional and statewide activities. The outcome and benefits of these programmatic efforts are reduced timelines.
(h)On January 11, 2023, the Department of Technologys Deputy Director for the Broadband Middle-Mile Initiative stated, Weve also been working with Caltrans to find ways to expedite its State and Federal permitting efforts to again help this project move quickly within those Federal timeframes.
(i)
(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.
(j)
(f) There are currently over 1,000 broadband permits pending with local jurisdictions in California that would improve internet connectivity for millions of residents.
(k)
(g) Requiring that local jurisdictions process 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.
(l)A local government in southern California recently consolidated 100 substantially similar broadband permits into one master-permit saving time and allowing the jurisdiction to receive all permit-fees upfront, resulting in 16 miles of fiber being deployed in six weeks, which improved internet connectivity for thousands of Californians.
(m)
(h) Given the importance of broadband for public safety, public health, economic growth, education, and job creation, it is in Californias 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 more than one substantially similar broadband permit application. 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 broadband infrastructure of any type. Broadband infrastructure includes, but is not limited, to any of the following: a broadband project. A broadband permit application may fall into four subtypes:(A)Fiber.(B)Wired or wireless facilities.(C)Any other facility used to transport data, video, or voice services by wire or radio.(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.(3)(4) Local agency has the same meaning as the term is defined in Section 65964.5.(4)(5) Presumptively reasonable time means no more than 60 days following submission of a complete broadband permit application, except as modified by a mutual, written agreement between the local agency and the applicant. the timeframe that a local agency must review and resolve an application pursuant to applicable law, or to the extent the time period is not preempted or otherwise governed by applicable law, the applicable time period listed below, following submission of a complete broadband permit application. The following presumptively reasonable time periods may be modified by mutual, written agreement between the local agency and the applicant. The following time periods shall be administered in accordance with Section 1.6003 of Title 47 of the Code of Federal Regulations.(A) The presumptively reasonable timeframe for aerial construction is no more than 60 days.(B) The presumptively reasonable timeframe for trenched construction is no more than 90 days.(C) The presumptively reasonable timeframe for wireless construction are the periods and procedures established by applicable FCC rules.(D) The presumptively reasonable timeframe for other subtypes of permit applications is no more than 90 days.(5)(6) Substantially similar broadband permit applications project sitesmeans broadband permit applications project sites that are nearly identical in terms of equipment and general design, but not location or construction method. location.(b) Subject to subdivision (e), a local agency shall undertake batch broadband permit processing upon receiving two or more substantially similar broadband permit applications for substantially similar broadband project sites submitted at the same time. time by the same applicant. Batch broadband permit processing shall be completed within a presumptively reasonable time. time, 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 substantially similar broadband permit applications for substantially similar 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, all of the permits shall be deemed approved.(d) The Legislature finds and declares that processing several substantially similar broadband permit applications at the same time 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) This section does not preclude a local agency from requiring compliance with 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.(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 Commissions 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 local agency may only remove a broadband project site from grouping under a single permit under mutual agreement with the application or to expedite the approval of other substantially similar broadband project sites.
SEC. 3. Section 65964.3 is added to the Government Code, to read:
### SEC. 3.
65964.3. (a) For purposes of this section, the following definitions apply:(1) Batch broadband permit processing means the simultaneous processing of more than one substantially similar broadband permit application. 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 broadband infrastructure of any type. Broadband infrastructure includes, but is not limited, to any of the following: a broadband project. A broadband permit application may fall into four subtypes:(A)Fiber.(B)Wired or wireless facilities.(C)Any other facility used to transport data, video, or voice services by wire or radio.(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.(3)(4) Local agency has the same meaning as the term is defined in Section 65964.5.(4)(5) Presumptively reasonable time means no more than 60 days following submission of a complete broadband permit application, except as modified by a mutual, written agreement between the local agency and the applicant. the timeframe that a local agency must review and resolve an application pursuant to applicable law, or to the extent the time period is not preempted or otherwise governed by applicable law, the applicable time period listed below, following submission of a complete broadband permit application. The following presumptively reasonable time periods may be modified by mutual, written agreement between the local agency and the applicant. The following time periods shall be administered in accordance with Section 1.6003 of Title 47 of the Code of Federal Regulations.(A) The presumptively reasonable timeframe for aerial construction is no more than 60 days.(B) The presumptively reasonable timeframe for trenched construction is no more than 90 days.(C) The presumptively reasonable timeframe for wireless construction are the periods and procedures established by applicable FCC rules.(D) The presumptively reasonable timeframe for other subtypes of permit applications is no more than 90 days.(5)(6) Substantially similar broadband permit applications project sitesmeans broadband permit applications project sites that are nearly identical in terms of equipment and general design, but not location or construction method. location.(b) Subject to subdivision (e), a local agency shall undertake batch broadband permit processing upon receiving two or more substantially similar broadband permit applications for substantially similar broadband project sites submitted at the same time. time by the same applicant. Batch broadband permit processing shall be completed within a presumptively reasonable time. time, 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 substantially similar broadband permit applications for substantially similar 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, all of the permits shall be deemed approved.(d) The Legislature finds and declares that processing several substantially similar broadband permit applications at the same time 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) This section does not preclude a local agency from requiring compliance with 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.(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 Commissions 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 local agency may only remove a broadband project site from grouping under a single permit under mutual agreement with the application or to expedite the approval of other substantially similar broadband project sites.
65964.3. (a) For purposes of this section, the following definitions apply:(1) Batch broadband permit processing means the simultaneous processing of more than one substantially similar broadband permit application. 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 broadband infrastructure of any type. Broadband infrastructure includes, but is not limited, to any of the following: a broadband project. A broadband permit application may fall into four subtypes:(A)Fiber.(B)Wired or wireless facilities.(C)Any other facility used to transport data, video, or voice services by wire or radio.(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.(3)(4) Local agency has the same meaning as the term is defined in Section 65964.5.(4)(5) Presumptively reasonable time means no more than 60 days following submission of a complete broadband permit application, except as modified by a mutual, written agreement between the local agency and the applicant. the timeframe that a local agency must review and resolve an application pursuant to applicable law, or to the extent the time period is not preempted or otherwise governed by applicable law, the applicable time period listed below, following submission of a complete broadband permit application. The following presumptively reasonable time periods may be modified by mutual, written agreement between the local agency and the applicant. The following time periods shall be administered in accordance with Section 1.6003 of Title 47 of the Code of Federal Regulations.(A) The presumptively reasonable timeframe for aerial construction is no more than 60 days.(B) The presumptively reasonable timeframe for trenched construction is no more than 90 days.(C) The presumptively reasonable timeframe for wireless construction are the periods and procedures established by applicable FCC rules.(D) The presumptively reasonable timeframe for other subtypes of permit applications is no more than 90 days.(5)(6) Substantially similar broadband permit applications project sitesmeans broadband permit applications project sites that are nearly identical in terms of equipment and general design, but not location or construction method. location.(b) Subject to subdivision (e), a local agency shall undertake batch broadband permit processing upon receiving two or more substantially similar broadband permit applications for substantially similar broadband project sites submitted at the same time. time by the same applicant. Batch broadband permit processing shall be completed within a presumptively reasonable time. time, 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 substantially similar broadband permit applications for substantially similar 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, all of the permits shall be deemed approved.(d) The Legislature finds and declares that processing several substantially similar broadband permit applications at the same time 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) This section does not preclude a local agency from requiring compliance with 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.(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 Commissions 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 local agency may only remove a broadband project site from grouping under a single permit under mutual agreement with the application or to expedite the approval of other substantially similar broadband project sites.
65964.3. (a) For purposes of this section, the following definitions apply:(1) Batch broadband permit processing means the simultaneous processing of more than one substantially similar broadband permit application. 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 broadband infrastructure of any type. Broadband infrastructure includes, but is not limited, to any of the following: a broadband project. A broadband permit application may fall into four subtypes:(A)Fiber.(B)Wired or wireless facilities.(C)Any other facility used to transport data, video, or voice services by wire or radio.(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.(3)(4) Local agency has the same meaning as the term is defined in Section 65964.5.(4)(5) Presumptively reasonable time means no more than 60 days following submission of a complete broadband permit application, except as modified by a mutual, written agreement between the local agency and the applicant. the timeframe that a local agency must review and resolve an application pursuant to applicable law, or to the extent the time period is not preempted or otherwise governed by applicable law, the applicable time period listed below, following submission of a complete broadband permit application. The following presumptively reasonable time periods may be modified by mutual, written agreement between the local agency and the applicant. The following time periods shall be administered in accordance with Section 1.6003 of Title 47 of the Code of Federal Regulations.(A) The presumptively reasonable timeframe for aerial construction is no more than 60 days.(B) The presumptively reasonable timeframe for trenched construction is no more than 90 days.(C) The presumptively reasonable timeframe for wireless construction are the periods and procedures established by applicable FCC rules.(D) The presumptively reasonable timeframe for other subtypes of permit applications is no more than 90 days.(5)(6) Substantially similar broadband permit applications project sitesmeans broadband permit applications project sites that are nearly identical in terms of equipment and general design, but not location or construction method. location.(b) Subject to subdivision (e), a local agency shall undertake batch broadband permit processing upon receiving two or more substantially similar broadband permit applications for substantially similar broadband project sites submitted at the same time. time by the same applicant. Batch broadband permit processing shall be completed within a presumptively reasonable time. time, 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 substantially similar broadband permit applications for substantially similar 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, all of the permits shall be deemed approved.(d) The Legislature finds and declares that processing several substantially similar broadband permit applications at the same time 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) This section does not preclude a local agency from requiring compliance with 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.(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 Commissions 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 local agency may only remove a broadband project site from grouping under a single permit under mutual agreement with the application or to expedite the approval of other substantially similar broadband project sites.
65964.3. (a) For purposes of this section, the following definitions apply:
(1) Batch broadband permit processing means the simultaneous processing of more than one substantially similar broadband permit application. 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 broadband infrastructure of any type. Broadband infrastructure includes, but is not limited, to any of the following: a broadband project. A broadband permit application may fall into four subtypes:
(A)Fiber.
(B)Wired or wireless facilities.
(C)Any other facility used to transport data, video, or voice services by wire or radio.
(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.
(3)
(4) Local agency has the same meaning as the term is defined in Section 65964.5.
(4)
(5) Presumptively reasonable time means no more than 60 days following submission of a complete broadband permit application, except as modified by a mutual, written agreement between the local agency and the applicant. the timeframe that a local agency must review and resolve an application pursuant to applicable law, or to the extent the time period is not preempted or otherwise governed by applicable law, the applicable time period listed below, following submission of a complete broadband permit application. The following presumptively reasonable time periods may be modified by mutual, written agreement between the local agency and the applicant. The following time periods shall be administered in accordance with Section 1.6003 of Title 47 of the Code of Federal Regulations.
(A) The presumptively reasonable timeframe for aerial construction is no more than 60 days.
(B) The presumptively reasonable timeframe for trenched construction is no more than 90 days.
(C) The presumptively reasonable timeframe for wireless construction are the periods and procedures established by applicable FCC rules.
(D) The presumptively reasonable timeframe for other subtypes of permit applications is no more than 90 days.
(5)
(6) Substantially similar broadband permit applications project sitesmeans broadband permit applications project sites that are nearly identical in terms of equipment and general design, but not location or construction method. location.
(b) Subject to subdivision (e), a local agency shall undertake batch broadband permit processing upon receiving two or more substantially similar broadband permit applications for substantially similar broadband project sites submitted at the same time. time by the same applicant. Batch broadband permit processing shall be completed within a presumptively reasonable time. time, 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 substantially similar broadband permit applications for substantially similar 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, all of the permits shall be deemed approved.
(d) The Legislature finds and declares that processing several substantially similar broadband permit applications at the same time 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) This section does not preclude a local agency from requiring compliance with 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.
(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 Commissions 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 local agency may only remove a broadband project site from grouping under a single permit under mutual agreement with the application or to expedite the approval of other substantially similar broadband project sites.
SEC. 4. The Legislature finds and declares that the efficient approval of broadband permit applications is critical to the deployment of broadband services, is a matter of statewide concern, and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 3 of this act adding Section 65964.3 to the Government Code applies to all cities, including charter cities.
SEC. 4. The Legislature finds and declares that the efficient approval of broadband permit applications is critical to the deployment of broadband services, is a matter of statewide concern, and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 3 of this act adding Section 65964.3 to the Government Code applies to all cities, including charter cities.
SEC. 4. The Legislature finds and declares that the efficient approval of broadband permit applications is critical to the deployment of broadband services, is a matter of statewide concern, and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 3 of this act adding Section 65964.3 to the Government Code applies to all cities, including charter cities.
### SEC. 4.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
### SEC. 5.