| 1 | 1 | | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 396Introduced by Senator Wahab(Coauthors: Senators Limn and McGuire)February 09, 2023 An act to add Article 8 (commencing with Section 50220) to Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code, relating to excavations. LEGISLATIVE COUNSEL'S DIGESTSB 396, as introduced, Wahab. Local government: excavations: notice.Existing law imposes various duties on local agencies relating to construction and property within its jurisdiction, including by requiring local agencies with jurisdiction to approve excavations to allow microtrenching, as defined, for the installation of underground fiber if the installation in the microtrench is limited to fiber, except as provided. Existing law requires, during the project planning phase of certain department-led construction projects, the Department of Transportation to notify companies and organizations working on broadband deployment of the project on its internet website to encourage collaborative broadband installations.This bill would require, prior to commencing any local agency-led excavation projects, as defined, a city, county, or city and county to notify interested parties of the project on its internet website to encourage collaborative installations of important utilities and infrastructure, including, but not limited to, fiber optic cable, undergrounding utilities, or other important services. By imposing additional duties on cities and counties, the bill would impose a state-mandated local program.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.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.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. Article 8 (commencing with Section 50220) is added to Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code, to read: Article 8. Excavation Notices50220. (a) Notwithstanding any other law, prior to commencing any local agency-led excavation projects, a local agency shall notify interested parties of the project on its internet website to encourage collaborative installations of important utilities and infrastructure, including, but not limited to, fiber optic cable, undergrounding utilities, or other important services.(b) For purposes of this section, the following definitions apply:(1) Interested parties includes, but is not limited to, utility and infrastructure companies.(2) Local agency means a city, county, or city and county.(3) Local agency-led excavation projects means public works, as that term is used in Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code, involving excavations that are initiated and led by the local agency and do not require permits or other approval from the local agency.(c) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 396Introduced by Senator Wahab(Coauthors: Senators Limn and McGuire)February 09, 2023 An act to add Article 8 (commencing with Section 50220) to Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code, relating to excavations. LEGISLATIVE COUNSEL'S DIGESTSB 396, as introduced, Wahab. Local government: excavations: notice.Existing law imposes various duties on local agencies relating to construction and property within its jurisdiction, including by requiring local agencies with jurisdiction to approve excavations to allow microtrenching, as defined, for the installation of underground fiber if the installation in the microtrench is limited to fiber, except as provided. Existing law requires, during the project planning phase of certain department-led construction projects, the Department of Transportation to notify companies and organizations working on broadband deployment of the project on its internet website to encourage collaborative broadband installations.This bill would require, prior to commencing any local agency-led excavation projects, as defined, a city, county, or city and county to notify interested parties of the project on its internet website to encourage collaborative installations of important utilities and infrastructure, including, but not limited to, fiber optic cable, undergrounding utilities, or other important services. By imposing additional duties on cities and counties, the bill would impose a state-mandated local program.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.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION |
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| 11 | 11 | | Senate Bill |
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| 13 | 13 | | No. 396 |
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| 15 | 15 | | Introduced by Senator Wahab(Coauthors: Senators Limn and McGuire)February 09, 2023 |
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| 17 | 17 | | Introduced by Senator Wahab(Coauthors: Senators Limn and McGuire) |
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| 18 | 18 | | February 09, 2023 |
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| 19 | 19 | | |
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| 20 | 20 | | An act to add Article 8 (commencing with Section 50220) to Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code, relating to excavations. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | SB 396, as introduced, Wahab. Local government: excavations: notice. |
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| 28 | 28 | | Existing law imposes various duties on local agencies relating to construction and property within its jurisdiction, including by requiring local agencies with jurisdiction to approve excavations to allow microtrenching, as defined, for the installation of underground fiber if the installation in the microtrench is limited to fiber, except as provided. Existing law requires, during the project planning phase of certain department-led construction projects, the Department of Transportation to notify companies and organizations working on broadband deployment of the project on its internet website to encourage collaborative broadband installations.This bill would require, prior to commencing any local agency-led excavation projects, as defined, a city, county, or city and county to notify interested parties of the project on its internet website to encourage collaborative installations of important utilities and infrastructure, including, but not limited to, fiber optic cable, undergrounding utilities, or other important services. By imposing additional duties on cities and counties, the bill would impose a state-mandated local program.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.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. |
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| 30 | 30 | | Existing law imposes various duties on local agencies relating to construction and property within its jurisdiction, including by requiring local agencies with jurisdiction to approve excavations to allow microtrenching, as defined, for the installation of underground fiber if the installation in the microtrench is limited to fiber, except as provided. Existing law requires, during the project planning phase of certain department-led construction projects, the Department of Transportation to notify companies and organizations working on broadband deployment of the project on its internet website to encourage collaborative broadband installations. |
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| 32 | 32 | | This bill would require, prior to commencing any local agency-led excavation projects, as defined, a city, county, or city and county to notify interested parties of the project on its internet website to encourage collaborative installations of important utilities and infrastructure, including, but not limited to, fiber optic cable, undergrounding utilities, or other important services. By imposing additional duties on cities and counties, the bill would impose a state-mandated local program. |
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| 33 | 33 | | |
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| 34 | 34 | | 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. |
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| 35 | 35 | | |
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| 36 | 36 | | 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. |
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| 37 | 37 | | |
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| 38 | 38 | | This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. |
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| 39 | 39 | | |
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| 40 | 40 | | ## Digest Key |
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| 42 | 42 | | ## Bill Text |
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| 44 | 44 | | The people of the State of California do enact as follows:SECTION 1. Article 8 (commencing with Section 50220) is added to Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code, to read: Article 8. Excavation Notices50220. (a) Notwithstanding any other law, prior to commencing any local agency-led excavation projects, a local agency shall notify interested parties of the project on its internet website to encourage collaborative installations of important utilities and infrastructure, including, but not limited to, fiber optic cable, undergrounding utilities, or other important services.(b) For purposes of this section, the following definitions apply:(1) Interested parties includes, but is not limited to, utility and infrastructure companies.(2) Local agency means a city, county, or city and county.(3) Local agency-led excavation projects means public works, as that term is used in Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code, involving excavations that are initiated and led by the local agency and do not require permits or other approval from the local agency.(c) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 46 | 46 | | The people of the State of California do enact as follows: |
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| 48 | 48 | | ## The people of the State of California do enact as follows: |
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| 50 | 50 | | SECTION 1. Article 8 (commencing with Section 50220) is added to Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code, to read: Article 8. Excavation Notices50220. (a) Notwithstanding any other law, prior to commencing any local agency-led excavation projects, a local agency shall notify interested parties of the project on its internet website to encourage collaborative installations of important utilities and infrastructure, including, but not limited to, fiber optic cable, undergrounding utilities, or other important services.(b) For purposes of this section, the following definitions apply:(1) Interested parties includes, but is not limited to, utility and infrastructure companies.(2) Local agency means a city, county, or city and county.(3) Local agency-led excavation projects means public works, as that term is used in Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code, involving excavations that are initiated and led by the local agency and do not require permits or other approval from the local agency.(c) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. |
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| 52 | 52 | | SECTION 1. Article 8 (commencing with Section 50220) is added to Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code, to read: |
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| 54 | 54 | | ### SECTION 1. |
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| 56 | 56 | | Article 8. Excavation Notices50220. (a) Notwithstanding any other law, prior to commencing any local agency-led excavation projects, a local agency shall notify interested parties of the project on its internet website to encourage collaborative installations of important utilities and infrastructure, including, but not limited to, fiber optic cable, undergrounding utilities, or other important services.(b) For purposes of this section, the following definitions apply:(1) Interested parties includes, but is not limited to, utility and infrastructure companies.(2) Local agency means a city, county, or city and county.(3) Local agency-led excavation projects means public works, as that term is used in Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code, involving excavations that are initiated and led by the local agency and do not require permits or other approval from the local agency.(c) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. |
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| 58 | 58 | | Article 8. Excavation Notices50220. (a) Notwithstanding any other law, prior to commencing any local agency-led excavation projects, a local agency shall notify interested parties of the project on its internet website to encourage collaborative installations of important utilities and infrastructure, including, but not limited to, fiber optic cable, undergrounding utilities, or other important services.(b) For purposes of this section, the following definitions apply:(1) Interested parties includes, but is not limited to, utility and infrastructure companies.(2) Local agency means a city, county, or city and county.(3) Local agency-led excavation projects means public works, as that term is used in Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code, involving excavations that are initiated and led by the local agency and do not require permits or other approval from the local agency.(c) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. |
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| 60 | 60 | | Article 8. Excavation Notices |
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| 62 | 62 | | Article 8. Excavation Notices |
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| 64 | 64 | | 50220. (a) Notwithstanding any other law, prior to commencing any local agency-led excavation projects, a local agency shall notify interested parties of the project on its internet website to encourage collaborative installations of important utilities and infrastructure, including, but not limited to, fiber optic cable, undergrounding utilities, or other important services.(b) For purposes of this section, the following definitions apply:(1) Interested parties includes, but is not limited to, utility and infrastructure companies.(2) Local agency means a city, county, or city and county.(3) Local agency-led excavation projects means public works, as that term is used in Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code, involving excavations that are initiated and led by the local agency and do not require permits or other approval from the local agency.(c) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. |
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| 68 | 68 | | 50220. (a) Notwithstanding any other law, prior to commencing any local agency-led excavation projects, a local agency shall notify interested parties of the project on its internet website to encourage collaborative installations of important utilities and infrastructure, including, but not limited to, fiber optic cable, undergrounding utilities, or other important services. |
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| 70 | 70 | | (b) For purposes of this section, the following definitions apply: |
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| 72 | 72 | | (1) Interested parties includes, but is not limited to, utility and infrastructure companies. |
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| 74 | 74 | | (2) Local agency means a city, county, or city and county. |
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| 76 | 76 | | (3) Local agency-led excavation projects means public works, as that term is used in Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code, involving excavations that are initiated and led by the local agency and do not require permits or other approval from the local agency. |
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| 78 | 78 | | (c) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. |
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| 80 | 80 | | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 82 | 82 | | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 84 | 84 | | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 86 | 86 | | ### SEC. 2. |
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