California Environmental Quality Act: exemption: wireless telecommunications facility: broadband internet access projects.
What changed between versions
New Section 21080.75 added to the Public Resources Code exempting projects for installation of wireless telecommunications facilities or broadband internet access projects (that are not small wireless facilities) from CEQA requirements, meaning no environmental impact report, negative declaration, or mitigated negative declaration is required for these projects.
Legislative finding that the CEQA exemption addresses a matter of statewide concern rather than a municipal affair, making it applicable to all cities including charter cities.
Three new definitions: 'broadband internet access project' (mass-market retail data service excluding dial-up), 'small wireless facility' (as defined in federal 47 CFR 1.6002(l)), and 'wireless telecommunications facility' (towers, utility poles, transmitters, base stations, emergency power systems used for wireless services).
Provision stating no state reimbursement is required under Article XIII B because local agencies have authority to levy service charges, fees, or assessments sufficient to pay for the mandated program.
Fiscal committee and state-mandated local program designations changed from 'no' to 'yes' reflecting the new CEQA exemption's impact on local agencies.