Amended IN Senate April 10, 2025 Amended IN Senate April 09, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 445Introduced by Senator Wiener(Coauthor: Senator Caballero)(Coauthor: Assembly Member Wilson)February 18, 2025An act to amend Section 671.5 of the Streets and Highways Code, relating to transportation.LEGISLATIVE COUNSEL'S DIGESTSB 445, as amended, Wiener. Transportation: planning: complete streets facilities: sustainable transportation projects.Existing law requires the Department of Transportation to improve and maintain the states highways. Existing law authorizes the department to issue encroachment permits and requires the department to either approve or deny an application from an applicant for an encroachment permit within 60 days of receiving a completed application, as provided. Existing law also requires the department, on or before January 1, 2027, to develop and adopt a project intake, evaluation, and encroachment permit review process for complete streets facilities that are sponsored by a local jurisdiction or a transit agency.This bill would instead require the department to develop and adopt the above-described project intake, evaluation, and encroachment review process on or before February 1, 2027. The bill would also state the intent of the Legislature to amend this bill with legislation that accelerates and makes more reliable third-party permits and approvals for preconstruction and construction activities on sustainable transportation projects. The bill would make related findings and declarations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares the following:(1) Sustainable transportation projects are critical for the growth of the state in a manner that reduces greenhouse gas emissions and helps address the states housing shortage. It is in the interest of the state to accelerate the construction of sustainable transportation projects and avoid cost escalation, ensuring that more projects are built in a cost-effective manner.(2) Third-party permits and approvals for preconstruction and construction activities, including utility relocations, design review, and issuance of encroachment or other similar permits, can be a source of delay for sustainable transportation projects, potentially resulting in cost escalations and projects being built late and over budget.(b) It is the intent of the Legislature to amend this bill with legislation that accelerates and makes more reliable third-party permits and approvals for preconstruction and construction activities on sustainable transportation projects, including through requiring lead agencies engage early with third parties, setting timelines on design review activities to ensure prompt responses between parties, and limiting third-party requirements associated with permits and other approvals.SEC. 2. 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.(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 February 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.
Amended IN Senate April 10, 2025 Amended IN Senate April 09, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 445Introduced by Senator Wiener(Coauthor: Senator Caballero)(Coauthor: Assembly Member Wilson)February 18, 2025An act to amend Section 671.5 of the Streets and Highways Code, relating to transportation.LEGISLATIVE COUNSEL'S DIGESTSB 445, as amended, Wiener. Transportation: planning: complete streets facilities: sustainable transportation projects.Existing law requires the Department of Transportation to improve and maintain the states highways. Existing law authorizes the department to issue encroachment permits and requires the department to either approve or deny an application from an applicant for an encroachment permit within 60 days of receiving a completed application, as provided. Existing law also requires the department, on or before January 1, 2027, to develop and adopt a project intake, evaluation, and encroachment permit review process for complete streets facilities that are sponsored by a local jurisdiction or a transit agency.This bill would instead require the department to develop and adopt the above-described project intake, evaluation, and encroachment review process on or before February 1, 2027. The bill would also state the intent of the Legislature to amend this bill with legislation that accelerates and makes more reliable third-party permits and approvals for preconstruction and construction activities on sustainable transportation projects. The bill would make related findings and declarations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate April 10, 2025 Amended IN Senate April 09, 2025
Amended IN Senate April 10, 2025
Amended IN Senate April 09, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 445
Introduced by Senator Wiener(Coauthor: Senator Caballero)(Coauthor: Assembly Member Wilson)February 18, 2025
Introduced by Senator Wiener(Coauthor: Senator Caballero)(Coauthor: Assembly Member Wilson)
February 18, 2025
An act to amend Section 671.5 of the Streets and Highways Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 445, as amended, Wiener. Transportation: planning: complete streets facilities: sustainable transportation projects.
Existing law requires the Department of Transportation to improve and maintain the states highways. Existing law authorizes the department to issue encroachment permits and requires the department to either approve or deny an application from an applicant for an encroachment permit within 60 days of receiving a completed application, as provided. Existing law also requires the department, on or before January 1, 2027, to develop and adopt a project intake, evaluation, and encroachment permit review process for complete streets facilities that are sponsored by a local jurisdiction or a transit agency.This bill would instead require the department to develop and adopt the above-described project intake, evaluation, and encroachment review process on or before February 1, 2027. The bill would also state the intent of the Legislature to amend this bill with legislation that accelerates and makes more reliable third-party permits and approvals for preconstruction and construction activities on sustainable transportation projects. The bill would make related findings and declarations.
Existing law requires the Department of Transportation to improve and maintain the states highways. Existing law authorizes the department to issue encroachment permits and requires the department to either approve or deny an application from an applicant for an encroachment permit within 60 days of receiving a completed application, as provided. Existing law also requires the department, on or before January 1, 2027, to develop and adopt a project intake, evaluation, and encroachment permit review process for complete streets facilities that are sponsored by a local jurisdiction or a transit agency.
This bill would instead require the department to develop and adopt the above-described project intake, evaluation, and encroachment review process on or before February 1, 2027. The bill would also state the intent of the Legislature to amend this bill with legislation that accelerates and makes more reliable third-party permits and approvals for preconstruction and construction activities on sustainable transportation projects. The bill would make related findings and declarations.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares the following:(1) Sustainable transportation projects are critical for the growth of the state in a manner that reduces greenhouse gas emissions and helps address the states housing shortage. It is in the interest of the state to accelerate the construction of sustainable transportation projects and avoid cost escalation, ensuring that more projects are built in a cost-effective manner.(2) Third-party permits and approvals for preconstruction and construction activities, including utility relocations, design review, and issuance of encroachment or other similar permits, can be a source of delay for sustainable transportation projects, potentially resulting in cost escalations and projects being built late and over budget.(b) It is the intent of the Legislature to amend this bill with legislation that accelerates and makes more reliable third-party permits and approvals for preconstruction and construction activities on sustainable transportation projects, including through requiring lead agencies engage early with third parties, setting timelines on design review activities to ensure prompt responses between parties, and limiting third-party requirements associated with permits and other approvals.SEC. 2. 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.(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 February 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. (a) The Legislature finds and declares the following:(1) Sustainable transportation projects are critical for the growth of the state in a manner that reduces greenhouse gas emissions and helps address the states housing shortage. It is in the interest of the state to accelerate the construction of sustainable transportation projects and avoid cost escalation, ensuring that more projects are built in a cost-effective manner.(2) Third-party permits and approvals for preconstruction and construction activities, including utility relocations, design review, and issuance of encroachment or other similar permits, can be a source of delay for sustainable transportation projects, potentially resulting in cost escalations and projects being built late and over budget.(b) It is the intent of the Legislature to amend this bill with legislation that accelerates and makes more reliable third-party permits and approvals for preconstruction and construction activities on sustainable transportation projects, including through requiring lead agencies engage early with third parties, setting timelines on design review activities to ensure prompt responses between parties, and limiting third-party requirements associated with permits and other approvals.
SECTION 1. (a) The Legislature finds and declares the following:(1) Sustainable transportation projects are critical for the growth of the state in a manner that reduces greenhouse gas emissions and helps address the states housing shortage. It is in the interest of the state to accelerate the construction of sustainable transportation projects and avoid cost escalation, ensuring that more projects are built in a cost-effective manner.(2) Third-party permits and approvals for preconstruction and construction activities, including utility relocations, design review, and issuance of encroachment or other similar permits, can be a source of delay for sustainable transportation projects, potentially resulting in cost escalations and projects being built late and over budget.(b) It is the intent of the Legislature to amend this bill with legislation that accelerates and makes more reliable third-party permits and approvals for preconstruction and construction activities on sustainable transportation projects, including through requiring lead agencies engage early with third parties, setting timelines on design review activities to ensure prompt responses between parties, and limiting third-party requirements associated with permits and other approvals.
SECTION 1. (a) The Legislature finds and declares the following:
### SECTION 1.
(1) Sustainable transportation projects are critical for the growth of the state in a manner that reduces greenhouse gas emissions and helps address the states housing shortage. It is in the interest of the state to accelerate the construction of sustainable transportation projects and avoid cost escalation, ensuring that more projects are built in a cost-effective manner.
(2) Third-party permits and approvals for preconstruction and construction activities, including utility relocations, design review, and issuance of encroachment or other similar permits, can be a source of delay for sustainable transportation projects, potentially resulting in cost escalations and projects being built late and over budget.
(b) It is the intent of the Legislature to amend this bill with legislation that accelerates and makes more reliable third-party permits and approvals for preconstruction and construction activities on sustainable transportation projects, including through requiring lead agencies engage early with third parties, setting timelines on design review activities to ensure prompt responses between parties, and limiting third-party requirements associated with permits and other approvals.
SEC. 2. 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.(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 February 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.
SEC. 2. Section 671.5 of the Streets and Highways Code is amended to read:
### SEC. 2.
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.(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 February 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.
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.(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 February 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.
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.(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 February 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.
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.
(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 February 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.