AB 2289 California Assembly · 2025-2026 Regular Session

Public utilities: Public Utilities Commission: telecommunications: broadband internet access service.

Summary
The California Constitution establishes the Public Utilities Commission (PUC) , which consists of 5 members appointed by the Governor and approved by the Senate. The California Constitution authorizes the PUC to establish its own procedures and authorizes a commissioner as designated by the PUC to hold a hearing or investigation or issue an order subject to PUC approval. This bill would require the Governor, in appointing members of the PUC, to ensure a diverse composition of commissioners by considering factors that contribute to diversity, as provided. The bill would recodify as a statutory provision the PUC's authority to establish its own procedures and the authority of a commissioner to hold a hearing or investigation or issue an order subject to PUC approval. The bill would specify that the recodification only becomes operative if ACA 9 of the 2025–26 Regular Session is approved by the voters, becomes operative, and repeals the corresponding provision in the California Constitution. Existing law vests the PUC with regulatory jurisdiction over public utilities. Existing law defines "telephone line" to include all conduits, ducts, poles, wires, cables, instruments, and appliances, and all other real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate communication by telephone. This bill would revise the definition of "telephone line" to restrict those items specified above to those in connection with or to facilitate voice communication by telephone. Existing law establishes the California Broadband Council for the purpose of promoting broadband deployment in unserved and underserved areas of the state and broadband adoption throughout the state for the benefits of all Californians. Existing law requires the PUC to develop, implement, and administer the California Teleconnect Fund program to advance universal service by providing discounted rates to qualifying schools, community colleges, libraries, health clinics, and community organizations, as provided. Existing law requires the PUC to develop, implement, and administer the California Advanced Services Fund to encourage the deployment of high-quality advanced communications to all Californians. Existing law requires the PUC to design and implement a program, commonly known as the Deaf and Disabled Telecommunications Program, to provide telecommunication devices capable of serving the needs of individuals who are deaf or hard of hearing, as specified, that is funded by the Deaf and Disabled Telecommunications Program Administrative Committee Fund. Existing law establishes the Broadband Loan Loss Reserve Fund in the State Treasury, and continuously appropriates moneys in the fund to the PUC to be available to fund costs related to the financing of the deployment of broadband infrastructure by a local governmental agency or nonprofit organization, as provided. Existing law requires the PUC to maintain and update a statewide, publicly accessible, and interactive map showing the accessibility of broadband service in the state. This bill would create the Broadband and Digital Equity Commission (Broadband Commission) with specified membership, and would, on July 1, 2028, repeal the California Broadband Council and establish the members of the council as a committee of the Broadband Commission, as specified. The bill would establish the Office of Broadband and Digital Equity for the purpose of promoting ubiquitous and universal broadband deployment in unserved and underserved areas of the state and to increase broadband adoption throughout the state for the benefit of all Californians. The bill would, on and after July 1, 2028, declare the Office of Broadband and Digital Equity to be the only centralized state department for broadband and digital equity activities within the state authorized to establish rules or regulations for broadband internet access service and internet service providers, as provided. The bill would require the Broadband Commission to appoint the executive director of the Office of Broadband and Digital Equity, who serves at the pleasure of the Broadband Commission, as specified, and would authorize the executive director to appoint, with the approval of the Broadband Commission, necessary staff, as provided. The bill would, on and after July 1, 2028, require the Office of Broadband and Digital Equity to assume the administrative functions of the California Teleconnect Fund Program, the California Advance Services Fund, Deaf and Disabled Telecommunications Program, and the Broadband Loan Loss Reserve Fund. The bill would specify that, on and after July 1, 2028, the moneys in the Broadband Loan Loss Reserve Fund, upon appropriation by the Legislature, are available to the Office of Broadband and Digital Equity for the financing of the deployment of broadband infrastructure by a local governmental agency or nonprofit organization, as provided. The bill would, on or after July 1, 2028, transfer the duties to maintain and update a statewide, publicly accessible, and interactive map showing the accessibility of broadband service in the state to the Office of Broadband and Digital Equity. Existing law requires the Office of Broadband and Digital Literacy to oversee the acquisition and management of contracts for the development and construction of a statewide open-access middle-mile broadband network to provide an opportunity for last-mile providers, anchor institutions, and tribal entities to connect to, and interconnect with other networks and other appropriate connections to, the statewide open-access middle-mile broadband network to facilitate high-speed broadband service. This bill would require the Office of Broadband and Digital Equity, on and after July 1, 2028, to assume the above-described duties. The Digital Infrastructure and Video Competition Act of 2006 establishes a procedure for the issuance of state franchises for the provision of video service, defined to include cable service and open-video systems, administered by the PUC. This bill would, on and after July 1, 2028, transfer the administration of that act to the Office of Broadband and Digital Equity. Existing law requires the Office of Broadband and Digital Literacy, with a third-party administrator, to develop and construct a statewide open-access middle-mile broadband network that prioritizes last-mile connections to unserved and underserved areas and locations. Existing law requires the office and third-party administrator to work directly with last-mile project grant awardees to ensure that network segments, including prioritized stand-alone Department of Transportation construction projects, support last-mile connections, and requires the Office of Broadband and Digital Literacy and the third-party administrator, to the extent feasible, to minimize disruption due to excavations, as provided. This bill would repeal the above-described provisions. This bill would make conforming changes.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 19, 2026 Last action May 14, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

04/09/26 - Amended Assembly AB2289 · 9 edits
MAJOR
This amendment consolidates California's fragmented broadband governance into a new centralized structure effective July 1, 2028. It creates the Office of Broadband and Digital Equity (replacing the Office of Broadband and Digital Literacy) and the Broadband and Digital Equity Commission (replacing the California Broadband Council), transfers most PUC broadband functions to the new office, and moves all related statutory provisions into a new Division 8 of the Public Utilities Code. It also explicitly classifies telecommunications service providers as public utilities subject to PUC jurisdiction and narrows the definition of 'telephone line' to voice communication only.
Scope change
The bill significantly restructures state broadband governance by creating a dedicated office and commission to replace PUC-centric administration, while simultaneously expanding PUC jurisdiction over telecommunications providers. All changes are phased to take effect July 1, 2028, with old provisions sunsetting on that date.
SCOPE

Creates the Office of Broadband and Digital Equity as the sole centralized state department for broadband and digital equity activities, authorized to establish rules for broadband internet access service and internet service providers on and after July 1, 2028.

Creates the Broadband and Digital Equity Commission with specified membership; on July 1, 2028, repeals the California Broadband Council and establishes its members as a committee of the new commission.

Transfers administration of the California Teleconnect Fund, California Advanced Services Fund, Deaf and Disabled Telecommunications Program, Broadband Loan Loss Reserve Fund, statewide broadband map, middle-mile network duties, and video franchise administration from the PUC to the Office of Broadband and Digital Equity on and after July 1, 2028.

Repeals Government Code Section 11549.52 (middle-mile broadband network authority) and related PUC broadband program provisions as of July 1, 2028, replacing them with corresponding provisions in the new Public Utilities Code Division 8.

DEFINITION

Specifies that a corporation providing telecommunications service is a public utility subject to PUC jurisdiction under the Public Utilities Act, expanding regulatory reach beyond traditional telephone corporations.

Revises the definition of 'telephone line' to restrict covered items (conduits, ducts, poles, wires, cables, etc.) to those in connection with or to facilitate voice communication by telephone only, excluding data-only infrastructure from that definition.

FISCAL

Changes the state-mandated local program determination from 'yes' to 'no,' meaning the bill no longer triggers state reimbursement obligations to local agencies for costs mandated by the expanded public utility definition.

TECHNICAL

Adds a new Division 8 (commencing with Section 20000) to the Public Utilities Code, consolidating all broadband-related provisions previously scattered across the Government Code, Public Utilities Code, and other codes into a single statutory division.

REQUIREMENT

Requires the Governor to consider diversity factors when appointing PUC members, and recodifies the PUC's authority to establish its own procedures as a statutory provision (operative only if ACA 9 of the 2025-26 Regular Session is approved by voters).

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
9
Key actions
4
Committee
7
Amendments
1
May 14, 2026
Lower · Passed
In committee: Held under submission.
lower
May 6, 2026
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
Apr 15, 2026
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 15). Re-referred to Com. on APPR.
lower
Apr 13, 2026
Committee
Re-referred to Com. on C. & C.
lower
Apr 9, 2026
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on C. & C. Read second time and amended.
lower
Apr 9, 2026
Lower · Passed
From committee: Do pass and re-refer to Com. on C. & C. (Ayes 13. Noes 1.) (April 8). Re-referred to Com. on C. & C.
lower
Mar 9, 2026
Committee
Referred to Coms. on U. & E. and C. & C.
lower
Feb 20, 2026
Lower · Passed
From printer. May be heard in committee March 22.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Tasha Boerner
Tasha Boerner
DDemocratic
CA
77