HomeMy WebLinkAbout2021-04-27 - AGENDA REPORTS - STATE LEGISLATION: SB 378 (2)Agenda Item• 10
CITY OF SANTA CLARITA
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AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: f,41 1492-)
DATE: April 27, 2021
SUBJECT: STATE LEGISLATION: SENATE BILL 378
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council adopt the City Council Legislative Committee recommendation to oppose Senate
Bill 378 (Gonzalez) and transmit position statements to Senator Gonzalez, Santa Clarita's state
legislative delegation, appropriate legislative committees, Governor Newsom, League of
California Cities, and other stakeholder organizations.
BACKGROUND
Authored by Senator Lena A. Gonzalez (D-33-Long Beach), Senate Bill 378 preempts local
authority of the public right-of-way by requiring local governments to approve aerial
installations, open trenching or boring, or micro -trenching for the purposes of fiber installation
by utility companies and broadband corporations, regardless of local regulations.
The City of Santa Clarita (City) currently regulates the siting and installation of
telecommunication and cable equipment within the public right-of-way and in commercial and
industrial zones. In establishing a statewide framework for telecommunication and cable
equipment deployment, this bill imposes significant limitations on the ability for local
governments to review equipment installations in the public right-of-way with respect to unique
local circumstances.
Specifically, the City's Unified Development Code regulates the siting proximity to residential
uses and zones, underground of appurtenant equipment, specified aesthetic criteria, and fees.
Ultimately, the City's regulations intend to preserve the health, safety, and overall quality of life
of the community, while ensuring a feasible review and processing of equipment installations in
the public right-of-way. If this bill passes, the City will lose its current discretionary review and
regulatory authority of the installation of telecommunication and cable equipment, including
underground fiber and aerial equipment.
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Additionally, Senate Bill 378 may cause increased wear and tear on public infrastructure,
including roads and pathways, as the legislation could potentially cause a significant increase in
micro -trenching within the public right-of-way with significant limitations on local discretion.
Issues related to micro -trenching projects by utility companies has included sub -standard
coverings after micro -trenching projects, which has resulted in exposed trenches within a short
period after the utility project or leaving the surface in worse condition than before the micro -
trenching project.
The recommendation to oppose Senate Bill 378 is consistent with the City of Santa Clarita 2021
Executive and Legislative Platform. Specifically, Component 20 under the "State" section
advises that the City Council, "Oppose legislation that limits or eliminates local discretionary
review of the installation of small cell wireless equipment or any wireless technology facilities
on public infrastructure or in the public right of way."
Senate Bill 378 unanimously passed the Senate Governance and Finance Committee (5-0) on
April 8, 2021, and was referred to the Senate Energy, Utilities, and Communications Committee.
Notable supporters include the Bay Area Council, California Apartment Association, California
Building Industry Association, Crown Castle and Its Affiliates, Verizon Communications, Inc.
and Its Affiliates, and Wireless Infrastructure Association.
Notable opponents include the California Municipal Utilities Association, Norther California
Power Agency, and Southern California Public Power Authority.
The City Council Legislative Committee met on April 8, 2021, and recommends that the City
Council adopt an "oppose" position on Senate Bill 378.
ALTERNATIVE ACTION
1. Adopt a "support" position on Senate Bill 378
2. Adopt a "neutral" position on Senate Bill 378
3. Take no action on Senate Bill 378
4. Refer Senate Bill 378 back to the Legislative Committee
5. Other direction, as provided by the City Council
FISCAL IMPACT
The resources required to implement the recommended action are contained within the City of
Santa Clarita's adopted FY 2020-21 budget.
ATTACHMENTS
Senate Bill 378 - Bill Text
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10.a
SENATE BILL No. 378
Introduced by Senator Gonzalez
(Coauthors: Senators Hertzberg and Wiener)
February 10, 2021
An act to add Sections 65964.5 and 65964.6 to the Government Code,
relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
SB 378, as introduced, Gonzalez. Local government: broadband
infrastructure development project permit processing: microtrenching
permit processing ordinance.
Under existing law, the Public Utilities Commission has jurisdiction
over public utilities, including electrical corporations. The commission's
existing Electric Tariff Rule 20 establishes policies for the
undergrounding of electric facilities and includes, among other
programs, the Rule 20A undergrounding program , which requires
electrical corporations to convert overhead electric facilities to
underground facilities when doing so is in the public interest for
specified reasons.
This bill would authorize a provider of fiber facilities to determine
the method of the installation of fiber. The bill would prohibit a local
agency, as defined, from prohibiting, or unreasonably discriminating
in favor of or against the use of, aerial installations, open trenching or
boring, or microtrenching, but would authorize a local agency to prohibit
aerial deployment of fiber where no aboveground utilities exist due to
Electric Tariff Rule 20 or other existing underground requirements.
This bill would require a local agency to allow fiber to be installed
in the same fashion as the existing aboveground utilities where
aboveground utilities are present. The bill would provide that this
provision controls over any undergrounding ordinance adopted by the
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10.a
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local agency that requires all utilities to bury existing overhead facilities
pursuant the Overhead Conversion Program established by the
commission pursuant to Electric Tariff Rule 20. The bill would require
a local agency to allow microtrenching for the installation of
underground fiber if the installation in the microtrench is limited to
fiber. By imposing new duties on local agencies with regard to the
installation of fiber, the bill would impose a state -mandated local
program.
Existing law, the Permit Streamlining Act, governs the approval
process that a city or county is required to follow when approving,
among other things, a permit for construction or reconstruction for a
development project for a wireless telecommunications facility and a
collocation or siting application for a wireless telecommunications
facility.
This bill would authorize a city or county to impose on an applicant
for a permit for a broadband infrastructure development project a
reasonable fee for costs associated with the submission, and the
expedited review, processing, and approval of an application, including,
but not limited to, personnel costs as necessary, if the applicant elects
for the expedited review and processing and agrees to pay that fee.
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 a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. This act shall be known as the Broadband
2 Deployment Acceleration Best Practices Act of 2021.
3 SEC. 2. The Legislature hereby finds and declares all of the
4 following:
5 (a) Californians need improved access to high-speed internet
6 now more than ever to meet a variety of demands including, but
7 not limited to, remote work, distance learning, telehealth,
8 emergency response and public safety, agriculture, innovation,
9 and commerce.
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(b) High-speed internet is delivered to Californians through
wireline and wireless broadband infrastructure that is installed
either aerially or underground. Wireless broadband service relies
on wireline facilities, especially fiber backhaul lines.
(c) Deployment of fiber is critical to connect more Californians
to high-speed internet.
(d) Quick and cost-effective ways to install fiber include
trenching and boring, microtrenching, and aerially using existing
utility poles or other vertical infrastructure along the intended fiber
route.
(e) By allowing these different methods of fiber installation and
expediting fiber permit applications, local agencies will help
promote the deployment of fiber for high-speed internet access
across California.
SEC. 3. Section 65964.5 is added to the Government Code, to
read:
65964.5. (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 provider of fiber facilities shall determine the
method of the installation of fiber.
(2) A local agency shall not prohibit, or unreasonably
discriminate in favor of or against the use of, aerial installations,
open trenching or boring, or microtrenching.
(3) Notwithstanding paragraphs (1) and (2), a local agency may
prohibit aerial deployment of fiber where no aboveground utilities
exist due to Public Utilities Commission Electric Tariff Rule 20
or other existing underground requirements.
(c) Fiber installations subject to this section shall be subject to
both of the following:
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(1) Where existing aboveground utilities are present, the local
agency shall allow fiber to be installed in the same fashion as the
existing aboveground utilities. This paragraph shall control over
any undergrounding ordinance adopted by the local agency that
requires all utilities to bury existing overhead facilities pursuant
to the Overhead Conversion Program established by the Public
Utilities Commission pursuant to Electric Tariff Rule 20, except
that the provider of fiber facilities shall underground its fiber at
the time other utilities remove their aerial facilities pursuant to any
undergrounding ordinance of the local agency.
(2) (A) 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.
(B) Upon mutual agreement, a microtrench may be placed
shallower than 12 inches in depth in areas that are not beneath a
paved roadway.
(d) For purposes of this section, the time periods established by
the applicable Federal Communication Commission rules 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 for a small wireless telecommunications facility using
an existing structure shall apply to an application for a fiber
installation.
(e) An application for a permit to install fiber shall include
payment of a reasonable fee set by the local agency to cover the
cost of processing the application.
(f) This section does not preclude an applicant and the local
agency from mutually agreeing to an extension of any time limit
provided by this section.
(g) 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.
SEC. 4. Section 65964.6 is added to the Government Code, to
read:
65964.6. (a) For purposes of this section, the following
definitions apply:
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(1) "Applicant" means a person or entity who submits an
application.
(2) "Application" means an application for a permit to install
fiber.
(3) "Local Agency" means a city, county, city and county,
charter city, special district, or publicly owned utility.
(4) "Personnel costs" includes the costs of hiring or employing
temporary or permanent local agency employees, consultants, or
contractors.
(b) A local agency may impose on an applicant a reasonable
fee for costs associated with the submission of, and the expedited
review, processing, and approval of, an application, including, but
not limited to, personnel costs as necessary, if the applicant elects
for the expedited review and processing and agrees to pay that fee.
(c) This section does not amend or alter the civil service laws
of this state or any local agency.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
II]
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