| Old | New | Differences | |
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| 1 | - | Amended IN Assembly | |
| 1 | + | Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1399Introduced by Assembly Member HooverFebruary 21, 2025An act to amend Section 35780 of the Vehicle Code, relating to vehicles. 671.5 of the Streets and Highways Code, relating to streets and highways.LEGISLATIVE COUNSEL'S DIGESTAB 1399, as amended, Hoover. Vehicles: special permits. Department of Transportation: encroachment permits: broadband facilities.Existing law establishes the Department of Transportation and vests it with full possession and control of all state highways and all property and rights in property for state highway purposes. Existing law authorizes the department to issue a written permit to place an encroachment on the state highway. Existing law requires the department to perform certain actions if the encroachment permit application is for a broadband facility.This bill would require the departments application and review process for an encroachment permit application for a broadband facility to be uniform throughout the state. The bill would require the department to expedite review of an encroachment permit application for broadband facilities.Existing law authorizes the Department of Transportation or local authorities, with respect to highways under their respective jurisdictions, to issue to an applicant a special permit authorizing the applicant, among other things, to operate or move a vehicle or combination of vehicles or special mobile equipment of a size or weight of vehicle or load that exceeds the maximum otherwise specified.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 671.5 of the Streets and Highways Code is amended to read:671.5. (a) The department shall either approve or deny an application from an applicant for an encroachment permit within 60 days of receiving a completed application, as determined by the department. An application for an encroachment permit is complete when all other statutory requirements, including the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), have been complied with. The departments failure to notify the applicant within that 60-day period that the permit is denied shall be deemed to constitute approval of the permit. Thereafter, upon notifying the department, the applicant may act in accordance with its permit application, as if the permit had been approved.(b) All of the following shall apply to the departments review of an application for an encroachment permit for a broadband facility:(1) The department shall specify in writing all permit application criteria. It is the intent of the Legislature to ensure a streamlined, predictable, and expeditious process by which the department reviews broadband facility permit applications in order to achieve the rapid deployment of broadband facilities on highways.(2) Within 30 days after an application for an encroachment permit for a broadband facility is submitted, the department shall notify the applicant in writing whether the permit application is deemed complete. If the department does not notify the applicant within that 30-day period that the application is incomplete, the failure to notify shall be deemed to constitute a finding that the permit application is complete.(3) If the department deems a permit application incomplete, the department shall do all of the following:(A) At the time of notifying the applicant that the application is incomplete, furnish to the applicant a detailed explanation why the application is incomplete, with reference to the specific application criteria that the application does not meet.(B) Identify all supplemental information necessary to complete the application.(C) In a timely manner and no later than 14 days after a meeting is requested by the applicant, meet with the applicant to discuss any outstanding supplemental information necessary to complete the application. The department shall not be required to participate in more than three individual meetings with the applicant and shall not be required to meet in excess of four hours for each permit application.(D) Provide the applicant with no less than 30 days to resubmit its application with the supplemental information that the department identified in the notice. The applicants failure to respond with additional information during that period shall be deemed to constitute a withdrawal of the application.(4) Within 30 days after receiving supplemental information from an applicant pursuant to paragraph (3), the department shall approve or deny the application.(5) The application and review process shall be uniform throughout the state.(6) It shall be expedited.(c) If the department denies an application for an encroachment permit, the department shall, at the time of notifying the applicant of the denial, furnish to the applicant a detailed explanation of the reason for the denial.(d) The department shall adopt regulations prescribing procedures for an applicant to appeal to the director for a final determination of the departments denial of an application. The appeal shall be made in writing to the director. There shall be a final written determination by the director within 60 calendar days after receipt of the applicants written appeal. The adopted regulations shall require the appellant to pay to the department a fee of not more than 50 percent of the estimated administrative cost to the department of conducting the appeal.(e) This section does not preclude an applicant and the department from mutually agreeing to an extension of any time limit provided by this section.(f) (1) On or before January 1, 2027, the department shall develop and adopt a process for project intake, project evaluation, and encroachment permit review for complete streets facilities, including pedestrian, bicycle, and transit priority facilities, that are sponsored by a local jurisdiction or a transit agency. The department shall design this process to enable the department to comply with subdivision (a).(2) The department shall report annually to the commission regarding project applications submitted pursuant to the process adopted pursuant to paragraph (1). The report shall include, but not be limited to, all of the following information:(A) The number of completed applications submitted.(B) The number of encroachment permits issued.(C) The number of days required to process each application.(3) The department shall post the report described in paragraph (2) on the departments internet website.(4) The department shall designate an encroachment permit manager in each district to ensure that applications for complete streets facilities are reviewed through the process adopted pursuant to paragraph (1). The encroachment permit manager shall have expertise in bicycle, pedestrian, and transit priority facilities.SECTION 1.Section 35780 of the Vehicle Code is amended to read:35780.(a)The Department of Transportation or local authorities, with respect to highways under their respective jurisdictions, may, at their discretion, upon application and if good cause appears, issue a special permit authorizing the applicant to do any of the following:(1)Operate or move a vehicle or combination of vehicles or special mobile equipment of a size or weight of vehicle or load exceeding the maximum specified in this code.(2)Use corrugations on the periphery of the movable tracks on a traction engine or tractor, the propulsive power of which is not exerted through wheels resting upon the roadway but by means of a flexible band or chain.(3)Under emergency conditions, operate or move a type of vehicle otherwise prohibited hereunder, upon any highway under the jurisdiction of the party granting the permit and for the maintenance of which the party is responsible.(4)Operate or move a vehicle or combination of vehicles transporting loads composed of logs only for the purpose of crossing a highway from one private property to another without complying with any or all of the equipment requirements of Division 12 (commencing with Section 24000) and Division 13 (commencing with Section 29000). These crossings shall be as near to a right angle to the roadway as is practical and shall not include any travel parallel to the roadway.(b)The Department of Transportation shall determine standards and conditions upon which permits shall be issued and any permit not in compliance with those standards and conditions shall be invalid, except that a permit may contain more restrictive conditions if the issuing authority deems it appropriate.(c)Under conditions prescribed by the Department of Transportation or the local authority, the Department of Transportation or local authority may accept applications made by, and issue permits directly to, an applicant or permit service by any of the following processes:(1)In writing.(2)By an authorized facsimile process.(3)Through an authorized computer and modem connection. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1399Introduced by Assembly Member HooverFebruary 21, 2025An act to amend Section 35780 of the Vehicle Code, relating to vehicles. 671.5 of the Streets and Highways Code, relating to streets and highways.LEGISLATIVE COUNSEL'S DIGESTAB 1399, as amended, Hoover. Vehicles: special permits. Department of Transportation: encroachment permits: broadband facilities.Existing law establishes the Department of Transportation and vests it with full possession and control of all state highways and all property and rights in property for state highway purposes. Existing law authorizes the department to issue a written permit to place an encroachment on the state highway. Existing law requires the department to perform certain actions if the encroachment permit application is for a broadband facility.This bill would require the departments application and review process for an encroachment permit application for a broadband facility to be uniform throughout the state. The bill would require the department to expedite review of an encroachment permit application for broadband facilities.Existing law authorizes the Department of Transportation or local authorities, with respect to highways under their respective jurisdictions, to issue to an applicant a special permit authorizing the applicant, among other things, to operate or move a vehicle or combination of vehicles or special mobile equipment of a size or weight of vehicle or load that exceeds the maximum otherwise specified.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 24, 2025 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 09, 2025 | |
| 8 | 7 | Amended IN Assembly March 24, 2025 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 1399 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member HooverFebruary 21, 2025 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member Hoover | |
| 19 | 18 | February 21, 2025 | |
| 20 | 19 | ||
| 21 | - | An act to amend Section 671.5 of the Streets and Highways Code, relating to streets and highways. | |
| 20 | + | An act to amend Section 35780 of the Vehicle Code, relating to vehicles. 671.5 of the Streets and Highways Code, relating to streets and highways. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | AB 1399, as amended, Hoover. Department of Transportation: encroachment permits: broadband facilities. | |
| 26 | + | AB 1399, as amended, Hoover. Vehicles: special permits. Department of Transportation: encroachment permits: broadband facilities. | |
| 28 | 27 | ||
| 29 | - | Existing law establishes the Department of Transportation and vests it with full possession and control of all state highways and all property and rights in property for state highway purposes. Existing law authorizes the department to issue a written permit to place an encroachment on the state highway. Existing law requires the department to perform certain actions if the encroachment permit application is for a broadband facility.This bill would require the departments application and review process for an encroachment permit application for a broadband facility to be uniform throughout the state. The bill would require the department to expedite review of an encroachment permit application for broadband facilities.This bill would | |
| 28 | + | Existing law establishes the Department of Transportation and vests it with full possession and control of all state highways and all property and rights in property for state highway purposes. Existing law authorizes the department to issue a written permit to place an encroachment on the state highway. Existing law requires the department to perform certain actions if the encroachment permit application is for a broadband facility.This bill would require the departments application and review process for an encroachment permit application for a broadband facility to be uniform throughout the state. The bill would require the department to expedite review of an encroachment permit application for broadband facilities.Existing law authorizes the Department of Transportation or local authorities, with respect to highways under their respective jurisdictions, to issue to an applicant a special permit authorizing the applicant, among other things, to operate or move a vehicle or combination of vehicles or special mobile equipment of a size or weight of vehicle or load that exceeds the maximum otherwise specified.This bill would make technical, nonsubstantive changes to those provisions. | |
| 30 | 29 | ||
| 31 | 30 | Existing law establishes the Department of Transportation and vests it with full possession and control of all state highways and all property and rights in property for state highway purposes. Existing law authorizes the department to issue a written permit to place an encroachment on the state highway. Existing law requires the department to perform certain actions if the encroachment permit application is for a broadband facility. | |
| 32 | 31 | ||
| 33 | 32 | This bill would require the departments application and review process for an encroachment permit application for a broadband facility to be uniform throughout the state. The bill would require the department to expedite review of an encroachment permit application for broadband facilities. | |
| 34 | 33 | ||
| 34 | + | Existing law authorizes the Department of Transportation or local authorities, with respect to highways under their respective jurisdictions, to issue to an applicant a special permit authorizing the applicant, among other things, to operate or move a vehicle or combination of vehicles or special mobile equipment of a size or weight of vehicle or load that exceeds the maximum otherwise specified. | |
| 35 | 35 | ||
| 36 | 36 | ||
| 37 | - | This bill would require the department to perform additional actions for an encroachment permit application for a broadband facility, including, but not limited to, requiring the application and review process for the application to be uniform throughout the state, and would require a broadband facility encroachment permit application that is deemed complete to be deemed approved. | |
| 37 | + | ||
| 38 | + | This bill would make technical, nonsubstantive changes to those provisions. | |
| 39 | + | ||
| 40 | + | ||
| 38 | 41 | ||
| 39 | 42 | ## Digest Key | |
| 40 | 43 | ||
| 41 | 44 | ## Bill Text | |
| 42 | 45 | ||
| 43 | - | The people of the State of California do enact as follows:SECTION 1. Section 671.5 of the Streets and Highways Code is amended to read:671.5. (a) The department shall either approve or | |
| 46 | + | The people of the State of California do enact as follows:SECTION 1. Section 671.5 of the Streets and Highways Code is amended to read:671.5. (a) The department shall either approve or deny an application from an applicant for an encroachment permit within 60 days of receiving a completed application, as determined by the department. An application for an encroachment permit is complete when all other statutory requirements, including the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), have been complied with. The departments failure to notify the applicant within that 60-day period that the permit is denied shall be deemed to constitute approval of the permit. Thereafter, upon notifying the department, the applicant may act in accordance with its permit application, as if the permit had been approved.(b) All of the following shall apply to the departments review of an application for an encroachment permit for a broadband facility:(1) The department shall specify in writing all permit application criteria. It is the intent of the Legislature to ensure a streamlined, predictable, and expeditious process by which the department reviews broadband facility permit applications in order to achieve the rapid deployment of broadband facilities on highways.(2) Within 30 days after an application for an encroachment permit for a broadband facility is submitted, the department shall notify the applicant in writing whether the permit application is deemed complete. If the department does not notify the applicant within that 30-day period that the application is incomplete, the failure to notify shall be deemed to constitute a finding that the permit application is complete.(3) If the department deems a permit application incomplete, the department shall do all of the following:(A) At the time of notifying the applicant that the application is incomplete, furnish to the applicant a detailed explanation why the application is incomplete, with reference to the specific application criteria that the application does not meet.(B) Identify all supplemental information necessary to complete the application.(C) In a timely manner and no later than 14 days after a meeting is requested by the applicant, meet with the applicant to discuss any outstanding supplemental information necessary to complete the application. The department shall not be required to participate in more than three individual meetings with the applicant and shall not be required to meet in excess of four hours for each permit application.(D) Provide the applicant with no less than 30 days to resubmit its application with the supplemental information that the department identified in the notice. The applicants failure to respond with additional information during that period shall be deemed to constitute a withdrawal of the application.(4) Within 30 days after receiving supplemental information from an applicant pursuant to paragraph (3), the department shall approve or deny the application.(5) The application and review process shall be uniform throughout the state.(6) It shall be expedited.(c) If the department denies an application for an encroachment permit, the department shall, at the time of notifying the applicant of the denial, furnish to the applicant a detailed explanation of the reason for the denial.(d) The department shall adopt regulations prescribing procedures for an applicant to appeal to the director for a final determination of the departments denial of an application. The appeal shall be made in writing to the director. There shall be a final written determination by the director within 60 calendar days after receipt of the applicants written appeal. The adopted regulations shall require the appellant to pay to the department a fee of not more than 50 percent of the estimated administrative cost to the department of conducting the appeal.(e) This section does not preclude an applicant and the department from mutually agreeing to an extension of any time limit provided by this section.(f) (1) On or before January 1, 2027, the department shall develop and adopt a process for project intake, project evaluation, and encroachment permit review for complete streets facilities, including pedestrian, bicycle, and transit priority facilities, that are sponsored by a local jurisdiction or a transit agency. The department shall design this process to enable the department to comply with subdivision (a).(2) The department shall report annually to the commission regarding project applications submitted pursuant to the process adopted pursuant to paragraph (1). The report shall include, but not be limited to, all of the following information:(A) The number of completed applications submitted.(B) The number of encroachment permits issued.(C) The number of days required to process each application.(3) The department shall post the report described in paragraph (2) on the departments internet website.(4) The department shall designate an encroachment permit manager in each district to ensure that applications for complete streets facilities are reviewed through the process adopted pursuant to paragraph (1). The encroachment permit manager shall have expertise in bicycle, pedestrian, and transit priority facilities.SECTION 1.Section 35780 of the Vehicle Code is amended to read:35780.(a)The Department of Transportation or local authorities, with respect to highways under their respective jurisdictions, may, at their discretion, upon application and if good cause appears, issue a special permit authorizing the applicant to do any of the following:(1)Operate or move a vehicle or combination of vehicles or special mobile equipment of a size or weight of vehicle or load exceeding the maximum specified in this code.(2)Use corrugations on the periphery of the movable tracks on a traction engine or tractor, the propulsive power of which is not exerted through wheels resting upon the roadway but by means of a flexible band or chain.(3)Under emergency conditions, operate or move a type of vehicle otherwise prohibited hereunder, upon any highway under the jurisdiction of the party granting the permit and for the maintenance of which the party is responsible.(4)Operate or move a vehicle or combination of vehicles transporting loads composed of logs only for the purpose of crossing a highway from one private property to another without complying with any or all of the equipment requirements of Division 12 (commencing with Section 24000) and Division 13 (commencing with Section 29000). These crossings shall be as near to a right angle to the roadway as is practical and shall not include any travel parallel to the roadway.(b)The Department of Transportation shall determine standards and conditions upon which permits shall be issued and any permit not in compliance with those standards and conditions shall be invalid, except that a permit may contain more restrictive conditions if the issuing authority deems it appropriate.(c)Under conditions prescribed by the Department of Transportation or the local authority, the Department of Transportation or local authority may accept applications made by, and issue permits directly to, an applicant or permit service by any of the following processes:(1)In writing.(2)By an authorized facsimile process.(3)Through an authorized computer and modem connection. | |
| 44 | 47 | ||
| 45 | 48 | The people of the State of California do enact as follows: | |
| 46 | 49 | ||
| 47 | 50 | ## The people of the State of California do enact as follows: | |
| 48 | 51 | ||
| 49 | - | SECTION 1. Section 671.5 of the Streets and Highways Code is amended to read:671.5. (a) The department shall either approve or | |
| 52 | + | SECTION 1. Section 671.5 of the Streets and Highways Code is amended to read:671.5. (a) The department shall either approve or deny an application from an applicant for an encroachment permit within 60 days of receiving a completed application, as determined by the department. An application for an encroachment permit is complete when all other statutory requirements, including the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), have been complied with. The departments failure to notify the applicant within that 60-day period that the permit is denied shall be deemed to constitute approval of the permit. Thereafter, upon notifying the department, the applicant may act in accordance with its permit application, as if the permit had been approved.(b) All of the following shall apply to the departments review of an application for an encroachment permit for a broadband facility:(1) The department shall specify in writing all permit application criteria. It is the intent of the Legislature to ensure a streamlined, predictable, and expeditious process by which the department reviews broadband facility permit applications in order to achieve the rapid deployment of broadband facilities on highways.(2) Within 30 days after an application for an encroachment permit for a broadband facility is submitted, the department shall notify the applicant in writing whether the permit application is deemed complete. If the department does not notify the applicant within that 30-day period that the application is incomplete, the failure to notify shall be deemed to constitute a finding that the permit application is complete.(3) If the department deems a permit application incomplete, the department shall do all of the following:(A) At the time of notifying the applicant that the application is incomplete, furnish to the applicant a detailed explanation why the application is incomplete, with reference to the specific application criteria that the application does not meet.(B) Identify all supplemental information necessary to complete the application.(C) In a timely manner and no later than 14 days after a meeting is requested by the applicant, meet with the applicant to discuss any outstanding supplemental information necessary to complete the application. The department shall not be required to participate in more than three individual meetings with the applicant and shall not be required to meet in excess of four hours for each permit application.(D) Provide the applicant with no less than 30 days to resubmit its application with the supplemental information that the department identified in the notice. The applicants failure to respond with additional information during that period shall be deemed to constitute a withdrawal of the application.(4) Within 30 days after receiving supplemental information from an applicant pursuant to paragraph (3), the department shall approve or deny the application.(5) The application and review process shall be uniform throughout the state.(6) It shall be expedited.(c) If the department denies an application for an encroachment permit, the department shall, at the time of notifying the applicant of the denial, furnish to the applicant a detailed explanation of the reason for the denial.(d) The department shall adopt regulations prescribing procedures for an applicant to appeal to the director for a final determination of the departments denial of an application. The appeal shall be made in writing to the director. There shall be a final written determination by the director within 60 calendar days after receipt of the applicants written appeal. The adopted regulations shall require the appellant to pay to the department a fee of not more than 50 percent of the estimated administrative cost to the department of conducting the appeal.(e) This section does not preclude an applicant and the department from mutually agreeing to an extension of any time limit provided by this section.(f) (1) On or before January 1, 2027, the department shall develop and adopt a process for project intake, project evaluation, and encroachment permit review for complete streets facilities, including pedestrian, bicycle, and transit priority facilities, that are sponsored by a local jurisdiction or a transit agency. The department shall design this process to enable the department to comply with subdivision (a).(2) The department shall report annually to the commission regarding project applications submitted pursuant to the process adopted pursuant to paragraph (1). The report shall include, but not be limited to, all of the following information:(A) The number of completed applications submitted.(B) The number of encroachment permits issued.(C) The number of days required to process each application.(3) The department shall post the report described in paragraph (2) on the departments internet website.(4) The department shall designate an encroachment permit manager in each district to ensure that applications for complete streets facilities are reviewed through the process adopted pursuant to paragraph (1). The encroachment permit manager shall have expertise in bicycle, pedestrian, and transit priority facilities. | |
| 50 | 53 | ||
| 51 | 54 | SECTION 1. Section 671.5 of the Streets and Highways Code is amended to read: | |
| 52 | 55 | ||
| 53 | 56 | ### SECTION 1. | |
| 54 | 57 | ||
| 55 | - | 671.5. (a) The department shall either approve or | |
| 58 | + | 671.5. (a) The department shall either approve or deny an application from an applicant for an encroachment permit within 60 days of receiving a completed application, as determined by the department. An application for an encroachment permit is complete when all other statutory requirements, including the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), have been complied with. The departments failure to notify the applicant within that 60-day period that the permit is denied shall be deemed to constitute approval of the permit. Thereafter, upon notifying the department, the applicant may act in accordance with its permit application, as if the permit had been approved.(b) All of the following shall apply to the departments review of an application for an encroachment permit for a broadband facility:(1) The department shall specify in writing all permit application criteria. It is the intent of the Legislature to ensure a streamlined, predictable, and expeditious process by which the department reviews broadband facility permit applications in order to achieve the rapid deployment of broadband facilities on highways.(2) Within 30 days after an application for an encroachment permit for a broadband facility is submitted, the department shall notify the applicant in writing whether the permit application is deemed complete. If the department does not notify the applicant within that 30-day period that the application is incomplete, the failure to notify shall be deemed to constitute a finding that the permit application is complete.(3) If the department deems a permit application incomplete, the department shall do all of the following:(A) At the time of notifying the applicant that the application is incomplete, furnish to the applicant a detailed explanation why the application is incomplete, with reference to the specific application criteria that the application does not meet.(B) Identify all supplemental information necessary to complete the application.(C) In a timely manner and no later than 14 days after a meeting is requested by the applicant, meet with the applicant to discuss any outstanding supplemental information necessary to complete the application. The department shall not be required to participate in more than three individual meetings with the applicant and shall not be required to meet in excess of four hours for each permit application.(D) Provide the applicant with no less than 30 days to resubmit its application with the supplemental information that the department identified in the notice. The applicants failure to respond with additional information during that period shall be deemed to constitute a withdrawal of the application.(4) Within 30 days after receiving supplemental information from an applicant pursuant to paragraph (3), the department shall approve or deny the application.(5) The application and review process shall be uniform throughout the state.(6) It shall be expedited.(c) If the department denies an application for an encroachment permit, the department shall, at the time of notifying the applicant of the denial, furnish to the applicant a detailed explanation of the reason for the denial.(d) The department shall adopt regulations prescribing procedures for an applicant to appeal to the director for a final determination of the departments denial of an application. The appeal shall be made in writing to the director. There shall be a final written determination by the director within 60 calendar days after receipt of the applicants written appeal. The adopted regulations shall require the appellant to pay to the department a fee of not more than 50 percent of the estimated administrative cost to the department of conducting the appeal.(e) This section does not preclude an applicant and the department from mutually agreeing to an extension of any time limit provided by this section.(f) (1) On or before January 1, 2027, the department shall develop and adopt a process for project intake, project evaluation, and encroachment permit review for complete streets facilities, including pedestrian, bicycle, and transit priority facilities, that are sponsored by a local jurisdiction or a transit agency. The department shall design this process to enable the department to comply with subdivision (a).(2) The department shall report annually to the commission regarding project applications submitted pursuant to the process adopted pursuant to paragraph (1). The report shall include, but not be limited to, all of the following information:(A) The number of completed applications submitted.(B) The number of encroachment permits issued.(C) The number of days required to process each application.(3) The department shall post the report described in paragraph (2) on the departments internet website.(4) The department shall designate an encroachment permit manager in each district to ensure that applications for complete streets facilities are reviewed through the process adopted pursuant to paragraph (1). The encroachment permit manager shall have expertise in bicycle, pedestrian, and transit priority facilities. | |
| 56 | 59 | ||
| 57 | - | 671.5. (a) The department shall either approve or | |
| 60 | + | 671.5. (a) The department shall either approve or deny an application from an applicant for an encroachment permit within 60 days of receiving a completed application, as determined by the department. An application for an encroachment permit is complete when all other statutory requirements, including the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), have been complied with. The departments failure to notify the applicant within that 60-day period that the permit is denied shall be deemed to constitute approval of the permit. Thereafter, upon notifying the department, the applicant may act in accordance with its permit application, as if the permit had been approved.(b) All of the following shall apply to the departments review of an application for an encroachment permit for a broadband facility:(1) The department shall specify in writing all permit application criteria. It is the intent of the Legislature to ensure a streamlined, predictable, and expeditious process by which the department reviews broadband facility permit applications in order to achieve the rapid deployment of broadband facilities on highways.(2) Within 30 days after an application for an encroachment permit for a broadband facility is submitted, the department shall notify the applicant in writing whether the permit application is deemed complete. If the department does not notify the applicant within that 30-day period that the application is incomplete, the failure to notify shall be deemed to constitute a finding that the permit application is complete.(3) If the department deems a permit application incomplete, the department shall do all of the following:(A) At the time of notifying the applicant that the application is incomplete, furnish to the applicant a detailed explanation why the application is incomplete, with reference to the specific application criteria that the application does not meet.(B) Identify all supplemental information necessary to complete the application.(C) In a timely manner and no later than 14 days after a meeting is requested by the applicant, meet with the applicant to discuss any outstanding supplemental information necessary to complete the application. The department shall not be required to participate in more than three individual meetings with the applicant and shall not be required to meet in excess of four hours for each permit application.(D) Provide the applicant with no less than 30 days to resubmit its application with the supplemental information that the department identified in the notice. The applicants failure to respond with additional information during that period shall be deemed to constitute a withdrawal of the application.(4) Within 30 days after receiving supplemental information from an applicant pursuant to paragraph (3), the department shall approve or deny the application.(5) The application and review process shall be uniform throughout the state.(6) It shall be expedited.(c) If the department denies an application for an encroachment permit, the department shall, at the time of notifying the applicant of the denial, furnish to the applicant a detailed explanation of the reason for the denial.(d) The department shall adopt regulations prescribing procedures for an applicant to appeal to the director for a final determination of the departments denial of an application. The appeal shall be made in writing to the director. There shall be a final written determination by the director within 60 calendar days after receipt of the applicants written appeal. The adopted regulations shall require the appellant to pay to the department a fee of not more than 50 percent of the estimated administrative cost to the department of conducting the appeal.(e) This section does not preclude an applicant and the department from mutually agreeing to an extension of any time limit provided by this section.(f) (1) On or before January 1, 2027, the department shall develop and adopt a process for project intake, project evaluation, and encroachment permit review for complete streets facilities, including pedestrian, bicycle, and transit priority facilities, that are sponsored by a local jurisdiction or a transit agency. The department shall design this process to enable the department to comply with subdivision (a).(2) The department shall report annually to the commission regarding project applications submitted pursuant to the process adopted pursuant to paragraph (1). The report shall include, but not be limited to, all of the following information:(A) The number of completed applications submitted.(B) The number of encroachment permits issued.(C) The number of days required to process each application.(3) The department shall post the report described in paragraph (2) on the departments internet website.(4) The department shall designate an encroachment permit manager in each district to ensure that applications for complete streets facilities are reviewed through the process adopted pursuant to paragraph (1). The encroachment permit manager shall have expertise in bicycle, pedestrian, and transit priority facilities. | |
| 58 | 61 | ||
| 59 | - | 671.5. (a) The department shall either approve or | |
| 62 | + | 671.5. (a) The department shall either approve or deny an application from an applicant for an encroachment permit within 60 days of receiving a completed application, as determined by the department. An application for an encroachment permit is complete when all other statutory requirements, including the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), have been complied with. The departments failure to notify the applicant within that 60-day period that the permit is denied shall be deemed to constitute approval of the permit. Thereafter, upon notifying the department, the applicant may act in accordance with its permit application, as if the permit had been approved.(b) All of the following shall apply to the departments review of an application for an encroachment permit for a broadband facility:(1) The department shall specify in writing all permit application criteria. It is the intent of the Legislature to ensure a streamlined, predictable, and expeditious process by which the department reviews broadband facility permit applications in order to achieve the rapid deployment of broadband facilities on highways.(2) Within 30 days after an application for an encroachment permit for a broadband facility is submitted, the department shall notify the applicant in writing whether the permit application is deemed complete. If the department does not notify the applicant within that 30-day period that the application is incomplete, the failure to notify shall be deemed to constitute a finding that the permit application is complete.(3) If the department deems a permit application incomplete, the department shall do all of the following:(A) At the time of notifying the applicant that the application is incomplete, furnish to the applicant a detailed explanation why the application is incomplete, with reference to the specific application criteria that the application does not meet.(B) Identify all supplemental information necessary to complete the application.(C) In a timely manner and no later than 14 days after a meeting is requested by the applicant, meet with the applicant to discuss any outstanding supplemental information necessary to complete the application. The department shall not be required to participate in more than three individual meetings with the applicant and shall not be required to meet in excess of four hours for each permit application.(D) Provide the applicant with no less than 30 days to resubmit its application with the supplemental information that the department identified in the notice. The applicants failure to respond with additional information during that period shall be deemed to constitute a withdrawal of the application.(4) Within 30 days after receiving supplemental information from an applicant pursuant to paragraph (3), the department shall approve or deny the application.(5) The application and review process shall be uniform throughout the state.(6) It shall be expedited.(c) If the department denies an application for an encroachment permit, the department shall, at the time of notifying the applicant of the denial, furnish to the applicant a detailed explanation of the reason for the denial.(d) The department shall adopt regulations prescribing procedures for an applicant to appeal to the director for a final determination of the departments denial of an application. The appeal shall be made in writing to the director. There shall be a final written determination by the director within 60 calendar days after receipt of the applicants written appeal. The adopted regulations shall require the appellant to pay to the department a fee of not more than 50 percent of the estimated administrative cost to the department of conducting the appeal.(e) This section does not preclude an applicant and the department from mutually agreeing to an extension of any time limit provided by this section.(f) (1) On or before January 1, 2027, the department shall develop and adopt a process for project intake, project evaluation, and encroachment permit review for complete streets facilities, including pedestrian, bicycle, and transit priority facilities, that are sponsored by a local jurisdiction or a transit agency. The department shall design this process to enable the department to comply with subdivision (a).(2) The department shall report annually to the commission regarding project applications submitted pursuant to the process adopted pursuant to paragraph (1). The report shall include, but not be limited to, all of the following information:(A) The number of completed applications submitted.(B) The number of encroachment permits issued.(C) The number of days required to process each application.(3) The department shall post the report described in paragraph (2) on the departments internet website.(4) The department shall designate an encroachment permit manager in each district to ensure that applications for complete streets facilities are reviewed through the process adopted pursuant to paragraph (1). The encroachment permit manager shall have expertise in bicycle, pedestrian, and transit priority facilities. | |
| 60 | 63 | ||
| 61 | 64 | ||
| 62 | 65 | ||
| 63 | - | 671.5. (a) The department shall either approve or | |
| 66 | + | 671.5. (a) The department shall either approve or deny an application from an applicant for an encroachment permit within 60 days of receiving a completed application, as determined by the department. An application for an encroachment permit is complete when all other statutory requirements, including the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), have been complied with. The departments failure to notify the applicant within that 60-day period that the permit is denied shall be deemed to constitute approval of the permit. Thereafter, upon notifying the department, the applicant may act in accordance with its permit application, as if the permit had been approved. | |
| 64 | 67 | ||
| 65 | 68 | (b) All of the following shall apply to the departments review of an application for an encroachment permit for a broadband facility: | |
| 66 | 69 | ||
| 67 | 70 | (1) The department shall specify in writing all permit application criteria. It is the intent of the Legislature to ensure a streamlined, predictable, and expeditious process by which the department reviews broadband facility permit applications in order to achieve the rapid deployment of broadband facilities on highways. | |
| 68 | 71 | ||
| 69 | 72 | (2) Within 30 days after an application for an encroachment permit for a broadband facility is submitted, the department shall notify the applicant in writing whether the permit application is deemed complete. If the department does not notify the applicant within that 30-day period that the application is incomplete, the failure to notify shall be deemed to constitute a finding that the permit application is complete. | |
| 70 | 73 | ||
| 71 | 74 | (3) If the department deems a permit application incomplete, the department shall do all of the following: | |
| 72 | 75 | ||
| 73 | 76 | (A) At the time of notifying the applicant that the application is incomplete, furnish to the applicant a detailed explanation why the application is incomplete, with reference to the specific application criteria that the application does not meet. | |
| 74 | 77 | ||
| 75 | 78 | (B) Identify all supplemental information necessary to complete the application. | |
| 76 | 79 | ||
| 77 | 80 | (C) In a timely manner and no later than 14 days after a meeting is requested by the applicant, meet with the applicant to discuss any outstanding supplemental information necessary to complete the application. The department shall not be required to participate in more than three individual meetings with the applicant and shall not be required to meet in excess of four hours for each permit application. | |
| 78 | 81 | ||
| 79 | 82 | (D) Provide the applicant with no less than 30 days to resubmit its application with the supplemental information that the department identified in the notice. The applicants failure to respond with additional information during that period shall be deemed to constitute a withdrawal of the application. | |
| 80 | 83 | ||
| 81 | 84 | (4) Within 30 days after receiving supplemental information from an applicant pursuant to paragraph (3), the department shall approve or deny the application. | |
| 82 | 85 | ||
| 83 | 86 | (5) The application and review process shall be uniform throughout the state. | |
| 84 | 87 | ||
| 85 | 88 | (6) It shall be expedited. | |
| 86 | 89 | ||
| 87 | - | (7) The department shall not deny an application to place any equipment required to deploy broadband facilities, including but not limited to, access points cabinets, conduits, fibers facilities, stations, or vaults, in any right of way under the control or management of the department. | |
| 88 | - | ||
| 89 | - | (8) For an applicant who is awarded broadband funding for a project to connect unserved or underserved communities from a state or federal program, including, but not limited to, the California Advanced Services Fund, the Federal Funding Account, or the Broadband Equity, Access, and Deployment Program, and is required to obtain an encroachment permit from the department before building the project, the department shall process the encroachment permit expeditiously and shall not place additional requirements on the applicant, including, but not limited to, undergrounding fiber lines. | |
| 90 | - | ||
| 91 | - | (9) An application that is deemed complete shall be deemed approved. | |
| 92 | - | ||
| 93 | 90 | (c) If the department denies an application for an encroachment permit, the department shall, at the time of notifying the applicant of the denial, furnish to the applicant a detailed explanation of the reason for the denial. | |
| 94 | 91 | ||
| 95 | 92 | (d) The department shall adopt regulations prescribing procedures for an applicant to appeal to the director for a final determination of the departments denial of an application. The appeal shall be made in writing to the director. There shall be a final written determination by the director within 60 calendar days after receipt of the applicants written appeal. The adopted regulations shall require the appellant to pay to the department a fee of not more than 50 percent of the estimated administrative cost to the department of conducting the appeal. | |
| 96 | 93 | ||
| 97 | 94 | (e) This section does not preclude an applicant and the department from mutually agreeing to an extension of any time limit provided by this section. | |
| 98 | 95 | ||
| 99 | 96 | (f) (1) On or before January 1, 2027, the department shall develop and adopt a process for project intake, project evaluation, and encroachment permit review for complete streets facilities, including pedestrian, bicycle, and transit priority facilities, that are sponsored by a local jurisdiction or a transit agency. The department shall design this process to enable the department to comply with subdivision (a). | |
| 100 | 97 | ||
| 101 | 98 | (2) The department shall report annually to the commission regarding project applications submitted pursuant to the process adopted pursuant to paragraph (1). The report shall include, but not be limited to, all of the following information: | |
| 102 | 99 | ||
| 103 | 100 | (A) The number of completed applications submitted. | |
| 104 | 101 | ||
| 105 | 102 | (B) The number of encroachment permits issued. | |
| 106 | 103 | ||
| 107 | 104 | (C) The number of days required to process each application. | |
| 108 | 105 | ||
| 109 | 106 | (3) The department shall post the report described in paragraph (2) on the departments internet website. | |
| 110 | 107 | ||
| 111 | 108 | (4) The department shall designate an encroachment permit manager in each district to ensure that applications for complete streets facilities are reviewed through the process adopted pursuant to paragraph (1). The encroachment permit manager shall have expertise in bicycle, pedestrian, and transit priority facilities. | |
| 109 | + | ||
| 110 | + | ||
| 111 | + | ||
| 112 | + | ||
| 113 | + | ||
| 114 | + | (a)The Department of Transportation or local authorities, with respect to highways under their respective jurisdictions, may, at their discretion, upon application and if good cause appears, issue a special permit authorizing the applicant to do any of the following: | |
| 115 | + | ||
| 116 | + | ||
| 117 | + | ||
| 118 | + | (1)Operate or move a vehicle or combination of vehicles or special mobile equipment of a size or weight of vehicle or load exceeding the maximum specified in this code. | |
| 119 | + | ||
| 120 | + | ||
| 121 | + | ||
| 122 | + | (2)Use corrugations on the periphery of the movable tracks on a traction engine or tractor, the propulsive power of which is not exerted through wheels resting upon the roadway but by means of a flexible band or chain. | |
| 123 | + | ||
| 124 | + | ||
| 125 | + | ||
| 126 | + | (3)Under emergency conditions, operate or move a type of vehicle otherwise prohibited hereunder, upon any highway under the jurisdiction of the party granting the permit and for the maintenance of which the party is responsible. | |
| 127 | + | ||
| 128 | + | ||
| 129 | + | ||
| 130 | + | (4)Operate or move a vehicle or combination of vehicles transporting loads composed of logs only for the purpose of crossing a highway from one private property to another without complying with any or all of the equipment requirements of Division 12 (commencing with Section 24000) and Division 13 (commencing with Section 29000). These crossings shall be as near to a right angle to the roadway as is practical and shall not include any travel parallel to the roadway. | |
| 131 | + | ||
| 132 | + | ||
| 133 | + | ||
| 134 | + | (b)The Department of Transportation shall determine standards and conditions upon which permits shall be issued and any permit not in compliance with those standards and conditions shall be invalid, except that a permit may contain more restrictive conditions if the issuing authority deems it appropriate. | |
| 135 | + | ||
| 136 | + | ||
| 137 | + | ||
| 138 | + | (c)Under conditions prescribed by the Department of Transportation or the local authority, the Department of Transportation or local authority may accept applications made by, and issue permits directly to, an applicant or permit service by any of the following processes: | |
| 139 | + | ||
| 140 | + | ||
| 141 | + | ||
| 142 | + | (1)In writing. | |
| 143 | + | ||
| 144 | + | ||
| 145 | + | ||
| 146 | + | (2)By an authorized facsimile process. | |
| 147 | + | ||
| 148 | + | ||
| 149 | + | ||
| 150 | + | (3)Through an authorized computer and modem connection. |