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AB-2886 Gambling Control Act: injunctive relief.(2023-2024)

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Date Published: 03/21/2024 09:00 PM
AB2886:v98#DOCUMENT

Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2886

Introduced by Assembly Member Aguiar-Curry

February 15, 2024

An act to amend Section 65964.5 of the Government Code, relating to local government. 19804 of the Business and Professions Code, relating to gambling.


LEGISLATIVE COUNSEL'S DIGEST


AB 2886, as amended, Aguiar-Curry. Underground fiber installation. Gambling Control Act: injunctive relief.
Existing law, the Gambling Control Act, provides for the regulation, oversight, and licensure of gambling establishments by the California Gambling Control Commission. Existing law requires the Department of Justice to investigate any violations of, and to enforce, the act. Existing law prohibits a court from issuing a temporary injunction or other provisional order to restrain, stay, or otherwise interfere with any action by the department or the commission, except upon a finding by the court, based on clear and convincing evidence, that the public interest will not be prejudiced. Existing law prohibits an order from being effective for more than 15 days and a preliminary order from being effective for more than 45 days, except by stipulation of the department or commission.
This bill would extend the period an order may be effective to 21 days and extend the period a preliminary order may be effective to 60 days.

Existing law, except as provided, requires a local agency to allow microtrenching for the installation of underground fiber if the installation in the microtrench is limited to fiber. Existing law authorizes a local agency to impose a fee for its reasonable costs on an application for a permit to install fiber, as provided. Existing law defines terms for this purpose.

This bill would make a nonsubstantive change to the definition provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 19804 of the Business and Professions Code is amended to read:

19804.
 (a) In any action for declaratory or injunctive relief, or for relief by way of any extraordinary writ, other than an action initiated pursuant to Section 19932, wherein the construction, application, or enforcement of this chapter, or any regulation adopted pursuant thereto, or any order of the department or the commission issued pursuant thereto, is called into question, a court shall not grant any preliminary or permanent injunction, or any peremptory writ of mandate, certiorari, or prohibition, in connection therewith, except as follows:
(1) Upon proof by clear and convincing evidence that the department or the commission is abusing or threatens to abuse its discretion.
(2) Upon proof by clear and convincing evidence that the department or the commission is exceeding or threatens to exceed its jurisdiction.
(b) No A temporary injunction or other provisional order shall not issue to restrain, stay, or otherwise interfere with any action by the department or the commission, except upon a finding by the court, based on clear and convincing evidence, that the public interest will not be prejudiced thereby, and, except thereby. Except for preliminary injunctions, no order may an order shall not be effective for more than 15 21 calendar days, except by stipulation of the department or commission. No A preliminary order may shall not be effective for more than 45 60 days, except by stipulation of the department or commission.
(c) This section does not relieve a petitioner’s obligation to exhaust administrative remedies.
(d) In an action for relief of any nature wherein the construction, application, or enforcement of this chapter, or any regulation adopted pursuant thereto, or any order of the department or commission issued pursuant thereto, is called into question, the party filing the pleading shall furnish a copy thereof to the department and to the commission. The copy shall be furnished by the party filing the pleading within 10 business days after filing.

SECTION 1.Section 65964.5 of the Government Code is amended to read:
65964.5.

(a)For purposes of this section, the following definitions apply:

(1)“Fiber” means fiber optic cables, and related ancillary equipment, including, but not limited to, 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 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, unless the local agency makes a written finding that allowing microtrenching for a fiber installation would have a specific, adverse impact on the public health or safety.

(2)Upon mutual agreement, a microtrench may be placed shallower than 12 inches in depth.

(3)To the extent necessary, a local agency with jurisdiction to approve excavations shall adopt or amend existing policies, ordinances, codes, or construction rules to allow for microtrenching pursuant to this subdivision.

(4)Nothing in this section shall supersede, nullify, or otherwise alter the requirements to comply with safety standards, including, but not limited to, the following:

(A)Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1.

(B)Public Utilities Commission General Order No. 128, or a successor standard.

(c)A local agency may impose a fee on an application for a permit to install fiber consistent with Section 50030. The reasonable costs of providing the service for which the fee is charged, as that phrase is used in Section 50030, shall be limited to the reasonable costs of the local agency to process and issue the permit and inspect the installation that is the subject of the permit, including any costs incurred if the applicant elects to expedite processing and review.

(d)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.