Department of Transportation: encroachment permits: broadband facilities.
What changed between versions
Entirely new section 671.5 of the Streets and Highways Code is added, expanding the bill from a purely technical vehicle code fix to a substantive regulatory reform of Caltrans encroachment permit processes.
Caltrans must approve or deny any encroachment permit application within 60 days of receiving a completed application. Failure to notify the applicant of denial within that period is deemed approval, allowing the applicant to proceed as if the permit were approved.
For broadband facility applications specifically: Caltrans must specify all application criteria in writing, determine completeness within 30 days (deemed complete if no notice), provide detailed explanations for incompleteness, meet with applicants within 14 days of request (capped at 3 meetings and 4 hours each), give 30 days to resubmit, and approve or deny within 30 days of receiving supplemental information.
The broadband facility permit application and review process must be uniform throughout the state and expedited.
Caltrans must report annually to the commission on applications submitted under the complete streets process, including number of completed applications, permits issued, and processing days. Reports must be posted on Caltrans's website.
Caltrans must designate an encroachment permit manager in each district with expertise in bicycle, pedestrian, and transit priority facilities to ensure applications are reviewed through the adopted process.
If Caltrans denies an encroachment permit, it must provide a detailed written explanation at the time of denial. Applicants may appeal to the director in writing, with a final determination required within 60 calendar days. The appeal fee is capped at 50 percent of the estimated administrative cost.
By January 1, 2027, Caltrans must develop and adopt a process for project intake, evaluation, and encroachment permit review for complete streets facilities (pedestrian, bicycle, transit priority) sponsored by local jurisdictions or transit agencies, designed to meet the 60-day approval deadline.
The fiscal committee designation changed from 'no' to 'yes,' indicating the bill now requires fiscal committee review due to the new regulatory, reporting, and staffing obligations imposed on Caltrans.