AB 965: Local government: broadband permit applications.

(1)Existing law, the Permit Streamlining Act, governs the approval process that a city or county is required to follow when approving, among other things, a permit for construction or reconstruction for a development project for a wireless telecommunications facility and a collocation or siting application for a wireless telecommunications facility.

This bill, except as specified, would require a local agency to undertake batch broadband permit processing, as defined, upon receiving 2 or more broadband permit applications for substantially similar broadband project sites submitted at the same time by the same applicant, within a presumptively reasonable time, as defined. The bill would define local agency for these purposes to mean a city, county, city and county, charter city, special district, or publicly owned utility, other than certain publicly owned electric utilities. If a local agency does not approve those broadband permit applications for substantially similar broadband project sites and issue permits, or reject the applications and notify the applicants, within the presumptively reasonable time or longer period permitted under applicable law, the bill would require that all of those permits be deemed approved. The bill would authorize a local agency to place reasonable limits on the number of broadband project sites that are grouped into a single permit while undertaking batch broadband permit processing, as specified. The bill would provide that a local agency may only remove a broadband project site from grouping under a single permit under mutual agreement with the applicant or to expedite the approval of other substantially similar broadband project sites. The bill, if a local agency denies a broadband permit application, would require the local agency to notify the applicant in writing of the reasons for the denial. The bill would specify that these provisions do not apply to eligible facility requests, as defined.

(2)The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

(3)By imposing new duties on local agencies with regard to the processing of broadband permit applications, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.