An act to amend Section 32602 of the Public Resources Code, relating to conservation. An act to add Section 21080.75 to the Public Resources Code, relating to environmental quality.
Summary
AB 2620 would create a new exemption from the California Environmental Quality Act (CEQA) for projects to install wireless telecommunications facilities and for broadband internet access projects, so long as the project is not a “small wireless facility” as defined by federal regulations. In practical terms, qualifying projects would not need the usual CEQA environmental review process, such as an environmental impact report, negative declaration, or mitigated negative declaration, before approval by a lead agency.
The bill also makes a separate, nonsubstantive update to the statute creating the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy. That portion does not appear to change the conservancy’s powers or duties in any meaningful way, but it is included in the same measure. The bill declares that the CEQA exemption is a matter of statewide concern and therefore applies to charter cities as well as other cities.
Impact
AB 2620 would amend the Public Resources Code by adding Section 21080.75 to exempt specified broadband and wireless infrastructure projects from CEQA review, reducing permitting and environmental review requirements for those projects statewide. It would affect lead agencies responsible for CEQA determinations, including local governments, by requiring them to decide whether a project qualifies for the exemption, which the bill identifies as a state-mandated local program. The bill also includes a no-reimbursement provision and makes a minor, nonsubstantive change to the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy statute in Section 32602.
Sentiment
The available record suggests generally favorable treatment of the bill’s policy goal, at least at introduction and in committee, but the measure did not advance in the available history. There are no recorded votes or committee transcript excerpts in the provided materials, and the last action was that the first hearing was set but then canceled at the request of the author. That indicates the bill was still in early committee consideration and had not yet undergone public debate in the available record.
Contention
The main point of potential contention is the CEQA exemption itself, because it removes environmental review for wireless and broadband projects that are not small wireless facilities. Supporters would likely view this as a way to speed deployment of telecommunications and broadband infrastructure, while opponents could argue it weakens environmental oversight and local review. A secondary issue is the bill’s assertion that the exemption applies to charter cities as a matter of statewide concern, which can raise home-rule concerns even though the bill expressly addresses that constitutional issue.