Article 6 - Development Permits for Classes of Projects

California Government Code — §§ 65960-65964.5

Sections (15)

Added by Stats. 1978, Ch. 1271.

Notwithstanding any other provision of law, if any person applies for approval of a geothermal field development project, then only one permit from the lead agency and one permit from each responsible agency shall be required for all drilling, construction, operation, and maintenance activities required during the course of the productive life of the project, including, but not limited to, the drilling of makeup wells, redrills, well cleanouts, pipeline hookups, or any other activity necessary to the continued supply of geothermal steam to a powerplant. The lead agency and each responsible agency may approve such permits for less than full field development if the applicant

submits such an application. Such permits shall include (1) any conditions or stipulations deemed necessary by the lead or responsible agency, including appropriate mitigation measures within the statutory jurisdiction of such agency, and (2) a monitoring program capable of assuring the permittee’s conformance with all such conditions or stipulations. This section shall not apply to any permit whose issuance is a ministerial act by the permitting agency.

§ 65960.1

Added by Stats. 2023, Ch. 764, Sec. 2. (AB 1490) Effective January 1, 2024.

(a)Any local source of funding that can be used for the development of affordable housing shall include adaptive reuse as an eligible project. No agency with control of a local source of funding shall prohibit or exclude a project proposal that uses an adaptive reuse model for an affordable housing project development solely on the basis that the proposal is for an adaptive reuse project.

(b)For purposes of this section “adaptive reuse” means the retrofitting and repurposing of an existing building to create new residential units.

§ 65961

Amended by Stats. 2018, Ch. 830, Sec. 1. (AB 2973) Effective January 1, 2019.

Notwithstanding any other provision of law, except as provided in subdivisions (e) and (f), upon approval or conditional approval of a tentative map for a subdivision of single- or multiple-family residential units, or upon recordation of a parcel map for such a subdivision for which no tentative map was required, during the five-year period following recordation of the final map or parcel map for the subdivision, a city, county, or city and county shall not require as a condition to the issuance of any building permit or equivalent permit for such single- or multiple-family residential units, conformance with or the performance of any conditions that the city or county could have lawfully imposed as a condition to the previously approved tentative or parcel map. Nor shall a city, county, or city and county withhold or refuse to issue a building

permit or equivalent permit for failure to conform with or perform any conditions that the city, county, or city and county could have lawfully imposed as a condition to the previously approved tentative or parcel map. However, the provisions of this section shall not prohibit a city, county, or city and county from doing any of the following:

(a)Imposing conditions or requirements upon the issuance of a building permit or equivalent permit which could have been lawfully imposed as a condition to the approval of a tentative or parcel map if the local agency finds it necessary to impose the condition or requirement for any of the following reasons:

(1)A failure to do so would place the residents of the subdivision or of the immediate community, or both, in a condition perilous to their health or safety, or both.

(2)The condition is required in order to comply with state or federal law.

(b)Withholding or refusing to issue a building permit or equivalent permit if the local agency finds it is required to do so in order to comply with state or federal law.

(c)Assuring compliance with the applicable zoning ordinance.

(d)This section shall also apply to a city or city and county which incorporates on or after January 1, 1985, and which includes within its boundaries any areas included in the tentative or parcel map described in this section.

When the incorporation includes areas included in the tentative or parcel map described in this section, “a condition that the city could have lawfully imposed as a condition to the previously approved tentative or parcel map,” as

used in this section, refers to conditions the county could have imposed had there been no incorporation.

(e)For purposes only of a tentative subdivision map or parcel map that is extended pursuant to Section 66452.22, 66452.23, 66452.24, 66452.25, or 66452.26, the five-year period described in this section shall be three years.

(f)For purposes only of a tentative subdivision map or parcel map that is extended pursuant to Section 66452.22, 66452.23, 66452.24, 66452.25, or 66452.26, this section does not prohibit a city, county, or city and county from levying a fee or imposing a condition that requires the payment of a fee in the amount in effect upon the issuance of a building permit, including an adopted fee that is not included within an applicable zoning ordinance, upon the issuance of a building permit, including, but not limited to, a fee defined in Section

66000.

§ 65962

Amended by Stats. 2025, Ch. 777, Sec. 2. (SB 639) Effective January 1, 2026.

(a)Notwithstanding any other law, after the amendments required by Sections 65302.9 and 65860.1 have become effective, each city and county within the Sacramento-San Joaquin Valley shall not approve a discretionary permit or other discretionary entitlement that would result in the construction of a new building or construction that would result in an increase in allowed occupancy for an existing building, or a ministerial permit that would result in the construction of a new residence, for a project that is located within a flood hazard zone unless the city or county finds, based on substantial evidence in the record, one of the following:

(1)The facilities of the State Plan of

Flood Control or other flood management facilities protect the project to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas.

(2)The city or county has imposed conditions on the permit or discretionary entitlement that will protect the project to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas.

(3)The local flood management agency has made adequate progress on the construction of a flood protection system that will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas or the

national

Federal Emergency Management Agency standard of flood protection in nonurbanized areas for property located within a flood hazard zone, intended to be protected by the system. Except as provided in Sections 65962.1, 65962.2, and 65962.4, for urban and urbanizing areas protected by project levees, the urban level of flood protection shall be achieved by 2025.

(4)The property in an undetermined risk area has met the urban level of flood protection based on substantial evidence in the record.

(b)The effective date of amendments referred to in this section shall be the date upon which the statutes of limitation specified in subdivision (c) of Section 65009 have run or, if the amendments and any associated environmental documents are challenged in court, the

validity of the amendments and any associated environmental documents has been upheld in a final decision.

(c)This section does not change or diminish existing requirements of local flood plain management laws, ordinances, resolutions, or regulations necessary to local agency participation in the national flood insurance program.

§ 65962.1

Amended by Stats. 2024, Ch. 10, Sec. 1. (SB 586) Effective April 30, 2024.

(a)For purposes of Sections 65865.5, 65962, and 66474.5, the Mossdale Tract shall achieve the urban level of flood protection by 2040.

(b)For purposes of this section, “Mossdale Tract” means an area of land identified as Reclamation District No. 17 on page 144 of Bulletin No. 37 (1930) of the Department of Water Resources, along with such contiguous urban and urbanizing areas to the east of the tract as would be subject to flooding from the San Joaquin River at an urban level of flood protection.

(c)Notwithstanding Section 8307 of the Water Code, the San Joaquin Area Flood Control Agency may be required to contribute its

fair and reasonable share of any property damage caused by a flood to the extent that the state’s exposure to liability for property damage has been increased by cities or counties unreasonably approving, as defined in Section 8307 of the Water Code, any new development in the Mossdale Tract between the years 2025 and 2040.

§ 65962.2

Amended by Stats. 2024, Ch. 10, Sec. 2. (SB 586) Effective April 30, 2024.

(a)For purposes of Sections 65865.5, 65962, and 66474.5, the City of West Sacramento shall achieve the urban level of flood protection by 2040.

(b)For purposes of this section, “City of West Sacramento” means the incorporated area in the County of Yolo as identified in Resolution No. 86-112 of the County of Yolo Board of Supervisors at Yolo County Official Records Book 1801, pages 384 to 403, inclusive, and Book 1801, pages 368 to 382, inclusive.

(c)Notwithstanding Section 8307 of the Water Code, the West Sacramento Area Flood Control Agency may be required to contribute its fair and reasonable share of any property

damage caused by a flood to the extent that the state’s exposure to liability for property damage has been increased by cities or counties unreasonably approving, as defined in Section 8307 of the Water Code, any new development in the City of West Sacramento between January 1, 2025, and December 31, 2040.

§ 65962.3

Added by Stats. 2024, Ch. 10, Sec. 3. (SB 586) Effective April 30, 2024. Repealed as of January 1, 2039, by its own provisions.

(a)Notwithstanding Sections 9795 and 10231.5, on or before December 31, 2028, and every five years thereafter until December 31, 2038, the West Sacramento Area Flood Control Agency and the San Joaquin Area Flood Control Agency shall provide a report to the Senate Natural Resources and Water Committee, the Assembly Water, Parks, and Wildlife Committee, the Senate Budget Subcommittee No. 2, and the Assembly Budget Subcommittee No. 4 describing plans and actions taken to improve flood protection in the preceding five years in the City of West Sacramento and the Mossdale Tract pursuant to Sections 65962.1 and 65962.2, respectively.

(b)In order to minimize duplication, the report described in subdivision (a) may be composed of materials

developed to meet other reporting requirements.

(c)This section shall remain in effect only until January 1, 2039, and as of that date is repealed.

§ 65962.4

Added by Stats. 2025, Ch. 777, Sec. 3. (SB 639) Effective January 1, 2026.

(a)For purposes of Sections 65865.5, 65962, and 66474.5, the following locations shall achieve the urban level of flood protection by 2030:

(1)The Natomas subarea of the City of Sacramento.

(2)The Beach Lake subarea of the City of Sacramento and the Beach Lake subarea of the unincorporated area of the County of Sacramento.

(3)The portions of the Natomas subarea located in the unincorporated area of the County of Sacramento and the portions of the Natomas subarea located in the unincorporated area of the County of Sutter.

(4)The City of Marysville protected by the Marysville Ring Levee located in the City of Marysville in the County of Yuba.

(b)Notwithstanding paragraph (2) of subdivision (a) of Section 8307 of the Water Code, the City of Marysville, the City of Sacramento, the County of Sacramento, the County of Sutter, or the County of Yuba may be required to contribute its fair and reasonable share of any property damage caused by a flood in its respective jurisdiction, to the extent that the state’s exposure to liability for property damage has been increased by the city or county unreasonably approving, as defined in Section 8307 of the Water Code, any new development in paragraph (1), (2), (3), or (4) of subdivision (a) until the city or county finds that the area has met the urban level

of flood protection as defined in subdivision (n) of Section 65007.

(c)For purposes of this section, the following definitions apply:

(1)“Beach Lake subarea of the City of Sacramento” means the area within the City of Sacramento bounded on the north by Sutterville Road, on the west and south by the city limits, and on the east by Highway 99.

(2)“Beach Lake subarea of the unincorporated area of the County of Sacramento” means the unincorporated area of the County of Sacramento that is bounded on the west by the Sacramento River, on the north by the City of Sacramento city limits, on the east by Franklin Boulevard, and on the south by the City of Elk Grove city limits to Interstate 5 and along the North Beach Lake

Levee from west of Interstate 5 to the Sacramento

River.

(3)“City of Marysville” means the incorporated area of the City of Marysville as identified in the 2021–29 General Plan Housing Element Update adopted by Resolution 2021–34 by the Marysville City Council on November 16, 2021.

(4)“City of Sacramento” means the incorporated area in the City of Sacramento identified in Resolution No. 2021-0001, adopted by the Sacramento Independent Redistricting Commission, December 16, 2021, entitled “Establishing the Sacramento City Council District Boundaries Pursuant to the Sacramento City Charter, the California Elections Code, and the 2020 United States Census.”

(5)“Natomas subarea” means any of the following:

(A)The area within the City of Sacramento bounded on the north and west by the city limits, on the south by the Garden Highway or Arden-Garden Connector, and on the east by East Levee Road.

(B)The unincorporated area of the County of Sacramento that is bounded on the north and west by the unincorporated County of Sacramento limits, on the east by East Levee Road, and on the south by Interstate 80.

(C)The unincorporated area of the County of Sutter that is bounded by the Sacramento River, the Natomas Cross Canal, the Pleasant Grove Creek Canal or Steelhead Creek, and the unincorporated County of Sutter

limits.

§ 65962.5

Amended by Stats. 2022, Ch. 258, Sec. 28. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.

(a)The Department of Toxic Substances Control shall compile and update as appropriate, but at least annually, and shall submit to the Secretary for Environmental Protection, a list of all of the following:

(1)All hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code.

(2)All land designated as hazardous waste property or border zone property pursuant to former Article 11 (commencing with Section 25220) of Chapter 6.5 of Division 20 of the Health and Safety Code.

(3)All information received by the Department of Toxic Substances Control pursuant to Section 25242 of the Health

and Safety Code on hazardous waste disposals on public land.

(4)All sites listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the Health and Safety Code.

(b)The State Department of Health Services shall compile and update as appropriate, but at least annually, and shall submit to the Secretary for Environmental Protection, a list of all public drinking water wells that contain detectable levels of organic contaminants and that are subject to water analysis pursuant to Section 116395 of the Health and Safety Code.

(c)The State Water Resources Control Board shall compile and update as appropriate, but at least annually, and shall submit to the Secretary for Environmental Protection, a list of all of the following:

(1)All underground storage tanks for which an unauthorized release report is filed pursuant to Section 25295 of the Health and Safety Code.

(2)All solid waste disposal facilities from which there is a migration of hazardous waste and for which a California regional water quality control board has notified the Department of Toxic Substances Control pursuant to subdivision (e) of Section 13273 of the Water Code.

(3)All cease and desist orders issued after January 1, 1986, pursuant to Section 13301 of the Water Code, and all cleanup or abatement orders issued after January 1, 1986, pursuant to Section 13304 of the Water Code, that concern the discharge of wastes that are hazardous materials.

(d)The local enforcement agency, as designated pursuant to Section 18051 of Title 14 of the California Code of

Regulations, shall compile as appropriate, but at least annually, and shall submit to the Department of Resources Recycling and Recovery, a list of all solid waste disposal facilities from which there is a known migration of hazardous waste. The Department of Resources Recycling and Recovery shall compile the local lists into a statewide list, which shall be submitted to the Secretary for Environmental Protection and shall be available to any person who requests the information.

(e)The Secretary for Environmental Protection shall consolidate the information submitted pursuant to this section and distribute it in a timely fashion to each city and county in which sites on the lists are located. The secretary shall distribute the information to any other person upon request. The secretary may charge a reasonable fee to persons requesting the information, other than cities, counties, or cities and counties, to cover the cost of developing,

maintaining, and reproducing and distributing the information.

(f)Before a lead agency accepts as complete an application for any development project which will be used by any person, the applicant shall consult the lists sent to the appropriate city or county and shall submit a signed statement to the local agency indicating whether the project and any alternatives are located on a site that is included on any of the lists compiled pursuant to this section and shall specify any list. If the site is included on a list, and the list is not specified on the statement, the lead agency shall notify the applicant pursuant to Section 65943. The statement shall read as follows:

(g)The changes made to this section by the act amending this section, that takes effect January 1, 1992, apply only to projects for which applications have not been deemed complete on or before January 1, 1992, pursuant to Section 65943.

§ 65963.1

Added by Stats. 1986, Ch. 1504, Sec. 2. Note: See changes set forth in Governor's Reorg. Plan 1 of 1991.

Except as otherwise provided in Article 8.7 (commencing with Section 25199) of Chapter 6.5 of Division 20 of the Health and Safety Code, this chapter applies to the making of a land use decision or the issuance of a permit for a hazardous waste facility project by a public agency, as defined in Section 25199.1 of the Health and Safety Code, including, but not limited to, all of the following actions:

(a)The approval of land use permits and conditional use permits, the granting of variances, the subdivision of property, and the modification of existing property lines pursuant to this division

or Division 2 (commencing with Section 66410) of Title 7, and, for purposes of this chapter, “project” includes an activity requiring any of those actions.

(b)The issuance of hazardous waste facility permits by the State Department of Health Services pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code.

(c)The issuance of waste discharge requirements by California regional water quality control boards pursuant to Article 4 (commencing with Section 13260) of Chapter 4 of Division 7 of the Water Code.

(d)The issuance of authority to construct permits by the district board of an air pollution control district or an air quality management district pursuant to Division 26 (commencing with Section 39000) of the Health and Safety Code.

(e)The issuance of solid waste facilities permits by the enforcement agency pursuant to Article 2 (commencing with Section 66796.30) of Chapter 3 of Title 7.3.

§ 65963.2

Added by Stats. 2012, Ch. 486, Sec. 1. (AB 2559) Effective January 1, 2013.

(a)For purposes of this section, the following terms have the following meanings:

(1)“Commission” means the Public Utilities Commission.

(2)“Pipeline integrity management program” means a

program verified by the commission to be in compliance with state or federal regulations that includes an activity undertaken by a gas corporation that is a public utility to enhance the safety of a natural gas pipeline as required by the commission, or the federal Pipeline and Hazardous Materials Safety Administration in Subpart O of Part 192 of Title 49 of the Code of Federal Regulations and 74 Federal Register 63906 (December 4, 2009).

(3)“Pipeline project” means a pipeline inspection, remediation, removal, or replacement, including any valve, flange, meter, or other piece of equipment directly attached to the pipeline, in accordance

with a pipeline integrity management program.

(b)A city, county, or city and county shall act on an application by a gas corporation that is a public utility for a ministerial pipeline project permit within a public street or highway or any other public right-of-way within 10 business days of determining that an application for the pipeline project is complete.

(c)If the city, county, or city and county cannot act on the application within 10 business days of determining that an application for the pipeline project is complete pursuant to subdivision (b), the city, county, or city and county shall provide the

gas corporation with a written timeline indicating the time, which shall occur as soon as possible, by which the city, county, or city and county will act on the application.

§ 65964

Added by Stats. 2006, Ch. 676, Sec. 2. Effective January 1, 2007.

As a condition of approval of an application for a permit for construction or reconstruction for a development project for a wireless telecommunications facility, as defined in Section 65850.6, a city or county shall not do any of the following:

(a)Require an escrow deposit for removal of a wireless telecommunications facility or any component thereof. However, a performance bond or other surety or another form of security may be required, so long as the amount of the bond security is rationally

related to the cost of removal. In establishing the amount of the security, the city or county shall take into consideration information provided by the permit applicant regarding the cost of removal.

(b)Unreasonably limit the duration of any permit for a wireless telecommunications facility. Limits of less than 10 years are presumed to be unreasonable absent public safety reasons or substantial land use reasons. However, cities and counties may establish a build-out period for a site.

(c)Require that all wireless telecommunications facilities be limited to sites owned by particular parties within the jurisdiction of the city or county.

§ 65964.1

Amended by Stats. 2021, Ch. 467, Sec. 2. (AB 537) Effective January 1, 2022.

(a)A collocation or siting application for a wireless telecommunications facility, as defined in Section 65850.6, shall be deemed approved if all of the following occur:

(1)The city or county fails to approve or disapprove the application within a reasonable period of time in accordance with the time periods and procedures established by

applicable FCC rules. The reasonable period of time may be tolled to accommodate timely requests for information required to complete the application or may be extended by mutual agreement between the applicant and the local government, consistent with applicable FCC rules.

(2)The applicant has provided all public notices regarding the application that the applicant is required to provide under applicable laws consistent with the public notice requirements for the application.

(3)(A) The applicant has provided notice to the city or county that the reasonable time period has lapsed and that the application is deemed approved pursuant to this section.

(B)Within 30 days of the notice provided pursuant to subparagraph

(A), the city or county may seek judicial review of the operation of this section on the application.

(b)Where a city or county requires a traffic control plan, or other submission or permit related to either obstruction or safety in the public right-of-way, the applicant shall not begin construction before complying with this requirement. The city or county shall not unreasonably withhold, condition, or delay approval of any submission required by this subdivision.

(c)This section does not apply to eligible facilities requests for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of the tower or base station as described in Section 1455 of Title 47 of the United States Code and applicable FCC rules.

(d)The city, county, or city and county, shall notify the applicant of the incompleteness of an application within the time periods established by applicable FCC

rules.

(e)The Legislature finds and declares that a wireless telecommunications facility has a significant economic impact in California and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution, but is a matter of statewide concern.

(f)As used in this section, “applicable FCC rules” means those regulations contained in Subpart U (commencing with Section 1.6001) of Part 1 of Subchapter A of Chapter I of Title 47 of the Code of Federal Regulations.

(g)Except as provided in subdivision (a), nothing in this section limits or affects the authority of a city or county over decisions regarding the placement, construction, and

modification of a wireless telecommunications facility.

(h)A city or county shall not prohibit or unreasonably discriminate in favor of, or against, any particular wireless technology.

(i)Due to the unique duties and infrastructure requirements for the swift and effective

deployment of firefighters, this section does not apply to a collocation or siting application for a wireless telecommunications facility where the project is proposed for placement on fire department facilities.

(j)For purposes of this section, the time period for a city or county to approve or disapprove a collocation or siting application shall commence when the applicant makes the first required submission, or if the city or county requires a preapplication meeting, communication, or similar step before submission, when the applicant takes that first required step.

(k)Nothing in this section shall supersede, nullify, or otherwise alter the requirements to comply with safety standards, including, but not limited to, both of the following:

(1)Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1.

(2)The Public Utilities Commission’s General Order No. 128, Rules for Construction of Underground Electric Supply and Communication Systems, or successor rules adopted by the commission.

§ 65964.3

Added by Stats. 2023, Ch. 553, Sec. 3. (AB 965) Effective January 1, 2024.

(a)For purposes of this section, the following definitions apply:

(1)“Batch broadband permit processing” means the simultaneous processing of multiple broadband permit applications for substantially similar broadband project sites under a single permit.

(2)“Broadband permit application” means an application or other documents submitted for review by a local agency to permit

the construction of a broadband project.

(3)“Broadband project” means the proposed facility, including the support structure and any supporting equipment necessary for operation of the proposed facility. A broadband project may be comprised of one or more components, including, but not limited to, a wireless facility, a fiber optic connection, and other supporting equipment, each of which may require separate permits or

authorizations by a local agency.

(4)“Local agency” has the same meaning as the term is defined in Section 65964.5, except that it does not include a publicly owned electric utility that is subject to Part 2 (commencing with Section 9510) of Division 4.8 of the Public Utilities Code.

(5)“Presumptively reasonable time” means the

timeframe, if any, specified in applicable law within which a local agency must review and resolve an application following submission of a complete broadband permit application. The presumptively reasonable time period may be modified by mutual, written agreement between the local agency and the applicant.

(6)“Substantially similar broadband project sites” means broadband project sites that are nearly identical in terms of equipment and general design, but not location.

(b)Subject to subdivision (e), a local agency shall undertake batch broadband permit processing upon receiving two or more broadband permit applications for substantially similar broadband project sites submitted at the same time by the same applicant. Batch broadband permit processing for

wireless broadband projects shall be completed within a presumptively reasonable time pursuant to applicable law unless a longer period of time is permitted under the circumstances pursuant to applicable law, including Section 1.6003 of Title 47 of the Code of Federal Regulations.

(c)If a local agency does not approve broadband permit applications for substantially similar wireless broadband project sites submitted for batch broadband permit processing pursuant to this section and issue permits, or reject the applications and notify the applicants, within the presumptively reasonable time or a longer period permitted under applicable law, all of the permits shall be deemed approved pursuant to Section 65964.1.

(d)The Legislature finds and declares that batch broadband permitting

processing will allow local governments to still receive permit fees, but staff can more easily process routine, high-volume broadband permits as a group instead of individually to help bridge the digital divide and more quickly connect communities to high-speed internet. This will allow the state to meet the federal broadband funding deadline of December 31, 2024, while creating greater broadband equity amongst communities so more individuals can have access to high-speed internet for emergency response, remote work, telehealth, education, and commerce.

(e)The requirements of this section shall not apply to eligible facility requests, as defined and governed by Section 1455 of Title 47 of the United States Code.

(f)(1) This section does not preclude a local agency from requiring compliance with any requirements relating to the design, construction, or location of broadband projects that the local agency is otherwise authorized to impose or enforce under applicable law, including, without limitation, any generally applicable health and safety requirements.

(2)If a broadband permit application is denied, the local agency shall notify the applicant in writing of the reasons for the denial.

(g)The provisions of this section shall not apply to poles located within the limits of the City and County of San Francisco, if the poles are used for the primary purpose of operating San Francisco Municipal Transportation

Agency public transit vehicles.

(h)Nothing in this section shall supersede, nullify, or otherwise alter the requirements to comply with safety standards, including, but not limited to, both of the following:

(1)Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1.

(2)The Public Utilities Commission’s General Order No. 128, Rules for Construction of Underground Electric Supply and Communication Systems, or successor rules

adopted by the commission.

(i)(1) A local agency may place reasonable limits on the number of broadband project sites that are grouped into a single permit while undertaking batch broadband permit processing.

(2)A reasonable limit imposed pursuant to paragraph (1) shall be no less than either of the following:

(A)For a city with a population of fewer than 50,000 or a county with a population of fewer than 150,000, including each city within that

county, 25 project sites.

(B)For a city or county with a population greater than the applicable population described in subparagraph (A), 50 project sites.

(3)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.

(j)A local agency may impose a fee on batch broadband permitting processing consistent with

Section 50030. Where limited resources affect a local agency’s ability to process applications for a broadband project, including batched applications, a local agency shall work with the applicant in good faith to resolve those resource limitations, which may include, but is not limited to, provision by the applicant of supplemental resources.

§ 65964.5

Added by Stats. 2021, Ch. 677, Sec. 3. (SB 378) Effective January 1, 2022.

(a)For purposes of this section, the following definitions apply:

(1)“Fiber” means fiber optic cables, and related ancillary equipment such as conduit, ancillary cables, hand holes, vaults, and terminals.

(2)“Local agency” means a city, county, city and county, charter city, special district, or publicly owned utility.

(3)“Microtrench” means a narrow open excavation trench that is less than or equal to 4 inches in width and not less than 12 inches in depth and not more than 26 inches in depth and that is created for the purpose of

installing a subsurface pipe or conduit.

(4)“Microtrenching” means excavation of a microtrench.

(b)(1) The local agency with jurisdiction to approve excavations shall allow microtrenching for the installation of underground fiber if the installation in the microtrench is limited to fiber, unless the local agency makes a written finding that allowing microtrenching for a fiber installation would have a specific, adverse impact on the public health or safety.

(2)Upon mutual agreement, a microtrench may be placed shallower than 12 inches in

depth.

(3)To the extent necessary, a local agency with jurisdiction to approve excavations shall adopt or amend existing policies, ordinances, codes, or construction rules to allow for microtrenching pursuant to this subdivision.

(4)Nothing in this section shall supersede, nullify, or otherwise alter the requirements to comply with safety standards, including, but not limited to, the following:

(A)Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1.

(B)Public Utilities Commission General Order No. 128, or a successor standard.

(c)A local agency may impose a fee on an application for a permit to install fiber consistent with Section 50030. The reasonable costs of providing the service for which the fee is charged, as that phrase is used in Section 50030, shall be limited to the reasonable costs of the local agency to process and issue the permit and inspect the installation that is the subject of the permit, including any costs incurred if the applicant elects to expedite processing and review.

(d)The Legislature finds and declares that installation of fiber is critical to the deployment of broadband services and other utility services, is a matter of statewide

concern, and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.