Bill Text: CA AB2221 | 2023-2024 | Regular Session | Amended
Bill Title: Broadband projects: electric power design approval.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-05-16 - In committee: Held under submission. [AB2221 Detail]
Download: California-2023-AB2221-Amended.html
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Amended
IN
Assembly
April 22, 2024 |
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Amended
IN
Assembly
March 21, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2221
| Introduced by Assembly Member Juan Carrillo |
February 07, 2024 |
An act to add Chapter 8 (commencing with Section 8395) to Division 4.1 of the Public Utilities Code, relating to communications.
LEGISLATIVE COUNSEL'S DIGEST
AB 2221, as amended, Juan Carrillo.
Broadband projects: electric power design approval.
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations, while local publicly owned electric utilities are under the direction of their governing boards. Under existing law, the Legislature finds and declares that given the importance of broadband for public safety, public health, economic growth, education, and job creation, it is in California’s best interest for public and private broadband project permits to be processed as quickly and efficiently as possible.
This bill would require an electric utility, defined as an electrical corporation or a local publicly owned electric utility, to adopt, publish, and make easily accessible to the public rules, requirements, and standards applicable to its applications for approval of an electric power design related to the
construction and operation of a broadband project, as defined. The bill would require an electric utility to approve or deny a complete application within 45 60 or 90 days, and, if the application is incomplete, would require the electric utility to provide written notice within 10 days to the applicant that the application is incomplete and would establish a timeline and process by which the application could be made complete, as specified. If an application is approved, the bill would require the electric utility, within 14
30 days, to provide the applicant with a cost estimate, if applicable, for any necessary work required to accommodate the electric power design described in the application. If the applicant accepts the cost estimate within 45 30 days, the bill would require the electric utility to complete energization to the broadband project location within 30 days, a commission-determined time period, as specified. The bill would prohibit an application from being subject to any rule, requirement, or standard that has not been published and made easily accessible to the public 12 months
before the date of the application’s submittal to an electric utility for review.
Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because a violation of a commission action implementing this bill’s requirements would be a crime, the bill would impose a state-mandated local program.
Additionally, by imposing new duties on local publicly owned electric utilities, the 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
specified reasons.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 8 (commencing with Section 8395) is added to Division 4.1 of the Public Utilities Code, to read:CHAPTER 8. Broadband Projects
8395.
For purposes of this chapter, the following definitions apply:(a) “Application” means a written request, application, or other document submitted by a broadband provider to an electrical corporation or local publicly owned electric utility for approval of an electric power design related to the construction and operation of a broadband project.
(b) “Broadband project” means a proposed broadband facility, including the support structure and any supporting equipment necessary for operation of the proposed broadband facility. A broadband project may comprise 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 a separate permit or authorization.
(c) “Days” means calendar days.
(d) “Electric utility” means an electrical corporation or a local publicly owned electric utility.
(e) “Electrical corporation” has the same meaning as that term is defined in Section 218.
(f) “Local publicly owned electric utility” has the same meaning as that term is defined in Section 224.3.
(g) “Submittal” means the delivery or proffer of an application to an electrical corporation or a local publicly owned electric utility.
8396.
(a) An electric utility shall adopt, publish, and make easily accessible to the public, including an applicant, all rules, requirements, and standards applicable to applications submitted to the electric utility. An application shall not be subject to any rule, requirement, or standard that has not been published and made easily accessible to the public(b) (1) (A) (i) An
electric utility shall approve or deny a complete application within 45 60 days of the date of the application’s submittal, submittal for applications for installation on existing infrastructure, and within 90 days of the date of the application’s submittal for all other applications, consistent with subdivision (d). An application that is not approved or denied within that time period shall be deemed
approved as a matter of law. If the application includes requests to attach to over 300 pieces of infrastructure, the electric utility shall have 15 additional days to respond for existing infrastructure and 30 additional days for new infrastructure.
(ii) If an applicant has outstanding corrective orders from the electric utility involving safety violations, the electric utility shall provide written notice to the applicant upon the submittal of subsequent applications by the applicant, and request the applicant propose a plan for complying with the corrective orders within a designated time period. If the applicant is limited in its ability to process the corrective orders within the designated time period, the electric utility shall work with
the applicant to reach a modified timeline, pursuant to subparagraph (C), for the electric utility to process subsequent applications.
(B) A colocation or siting application for a wireless telecommunications facility, as defined in Section 65850.6 of the Government Code, shall be deemed approved if all of the following occur:
(i) The electric utility fails to approve or disapprove the application within a reasonable period of time in accordance with the time periods and procedures established in subparagraph (A). The reasonable period of time may be tolled to accommodate timely requests for information required to complete the application.
(ii) 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.
(iii) The applicant has provided notice to the electric utility that the reasonable time period has lapsed and that the application is deemed approved pursuant to this section.
(iv) Within 30 days of being provided the notice described in clause (iii), the electric utility may seek judicial review of the operation of this section on the application.
(B)
(C) All timelines established by this section, including in subparagraph (A), may be extended or otherwise modified upon written, mutual agreement of the electric utility and the applicant.
(2) If an application is denied, the denial shall be in writing and include the reason for the denial and how the application could be revised in order to be subsequently approved.
(c) (1) If an application is approved, within 14 30 days of that approval, the
electric utility shall provide the applicant with a cost estimate, if applicable, based on actual cost, for any necessary work required to accommodate the electric power design described in the application. The applicant shall accept or reject the cost estimate within 45 30 days.
(2) Following acceptance of the cost estimate, estimate and receipt of notice of the applicant’s completion of all required construction, inspections, or other approvals required by the electric utility or other authority, the electric utility shall
complete energization to the broadband project location within 30 days of receiving notice of the applicant’s completion of all required construction, inspections, or other approvals required by the electric utility or other authority.
a time period determined by the commission in Rulemaking 24-01-018 (January 30, 2024), Order Instituting Rulemaking to Establish Energization Timelines, or a subsequent rulemaking.
(d) (1) If an electric utility cannot approve or deny an application within the timeframe established in subdivision (b) because the application is incomplete, the electric utility shall provide written notice to the applicant that the application is incomplete within 10 days of the application’s submittal. incomplete. An applicant shall have 30 days from the date of the written notice of incompleteness to correct and resubmit the application. The resubmitted application shall not be subject to any additional application or processing fees.
If the applicant does not submit a corrected application within 30 days from the date of the written notice of incompleteness, the application shall be canceled.
(2) A written notice of incompleteness shall specify every item and any information missing from the application and shall cite the specific published rule, requirement, or standard that states that the missing item or information is required to make the application complete.
(3) If an electric utility deems an application incomplete and complies with the requirements of paragraphs (1) and (2), the time period specified in subdivision (b) shall be tolled beginning on the date the electric utility issues the written notice of incompleteness.
(4) On the date of an applicant’s submittal of the requested supplemental item or information described in the written notice of incompleteness, the time period specified in subdivision (b) shall
resume.
(5)If an electric utility does not provide written notice to an applicant that its application is incomplete within the 10-day period established in paragraph (1), the time period for approving or denying the application shall not be tolled.
(6)
(5) Upon submittal of a corrected application, the electric utility may issue subsequent written notices of incompleteness if the application remains incomplete. Subsequent notices shall identify
which of the previously requested
items or information remain missing from the application. A subsequent written notice of incompleteness shall not include new items or information outside the scope of the original written notice of incompleteness.
(e) If an electric utility is unable to process a complete application within the applicable time period pursuant to subdivision (b), the electric utility shall provide written notice to the applicant upon the application’s submittal and propose a plan for complying with the applicable time period. If the electric utility is limited in its ability to process an application because of its limited resources, the electric utility shall work with the applicant, in good faith, to resolve the resource limitations, which may include,
but is not limited to, the applicant’s provision of supplemental resources.
