AB 1399 California Assembly · 2025-2026 Regular Session

Department of Transportation: encroachment permits: broadband facilities.

Summary
Existing law establishes the Department of Transportation and vests it with full possession and control of all state highways and all property and rights in property for state highway purposes. Existing law authorizes the department to issue a written permit to place an encroachment on the state highway. Existing law requires the department to perform certain actions if the encroachment permit application is for a broadband facility. This bill would require the department to perform additional actions for an encroachment permit application for a broadband facility, including, but not limited to, requiring the application and review process for the application to be uniform throughout the state, and would require a broadband facility encroachment permit application that is deemed complete to be deemed approved.
Bill status failed 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 21, 2025 Last action Feb 2, 2026
Maddy AI version diff · 3 comparisons

What changed between versions

02/21/25 - Introduced 03/24/25 - Amended Assembly · 9 edits · Mar 24, 2025
MAJOR
The amended version of AB 1399 adds an entirely new section (671.5 Streets and Highways Code) requiring Caltrans to streamline and expedite encroachment permit applications for broadband facilities on state highways, with strict deadlines, uniform statewide processes, and appeal rights. It also requires Caltrans to develop a process by January 1, 2027 for reviewing complete streets facilities (pedestrian, bicycle, transit) sponsored by local jurisdictions, with annual reporting. The original technical cleanup of Vehicle Code Section 35780 remains unchanged.
SCOPE

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.

REQUIREMENT

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.

ENFORCEMENT

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.

TIMELINE

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.

FISCAL

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.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
12
Key actions
4
Committee
7
Amendments
2
Feb 2, 2026
Lower · Passed
From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
lower
Apr 23, 2025
Lower · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
lower
Apr 16, 2025
Lower · Passed
In committee: Hearing postponed by committee.
lower
Apr 10, 2025
Committee
Re-referred to Com. on TRANS.
lower
Apr 9, 2025
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.
lower
Mar 25, 2025
Committee
Re-referred to Com. on TRANS.
lower
Mar 24, 2025
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.
lower
Mar 24, 2025
Committee
Referred to Coms. on TRANS. and C. & C.
lower
Feb 22, 2025
Lower · Passed
From printer. May be heard in committee March 24.
lower
Feb 21, 2025
Introduced
Introduced. To print.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Joshua Hoover
Joshua Hoover
RRepublican
CA
7