California Assembly Passes Amendment to Strip Telecom from CPUC’s Oversight

May 21, 2026 – A proposal that could reshape telecommunications regulation in California cleared the Assembly Monday on a 67-1 vote.

The amendment would remove a requirement from the state’s Constitution to regulate telecommunications as a public utility, increase the size of the California Public Utilities Commission, and permit lawmakers to transfer telecom and broadband oversight to a new state broadband office.

Assembly Constitutional Amendment 9, authored by AssemblymemberTasha Boerner , D-Encinitas, now moves to the California Senate, where it must secure a two-thirds vote before appearing on a statewide ballot.

Under the proposal, the California legislature would have more control over how telecommunications is regulated. The amendment would authorize the Legislature to determine the duties, functions, and jurisdiction of the CPUC over telephone corporations, telecommunications services, and broadband services.

The amendment would require California to establish a new state broadband office by Jan. 1, 2028. The office would be tasked with promoting universal broadband deployment, increasing adoption, and supporting a competitive broadband marketplace statewide.

Boerner said the proposal is intended to allow the CPUC to focus more heavily on energy regulation while maintaining existing levels of telecommunications oversight.

“We know that the CPUC has too much on their plate, and we want them to be able to do the work that they are tasked with - especially ratemaking - something that impacts all of our constituents' everyday lives,” Boerner said speaking on the Assembly floor Monday.

The measure would also restructure the CPUC itself. Under ACA-9, the commission would expand to nine members. It currently consists of five members appointed by the governor and confirmed by the Senate.

Under the proposed constitutional amendment, the governor would appoint five commissioners, the Senate Committee on Rules would appoint two, and the Speaker of the Assembly would appoint two. All commissioners would require approval from both legislative chambers.

The amendment would also remove the commission's constitutional authority to establish its own procedures and eliminate provisions allowing individual commissioners to conduct hearings, investigations, or issue orders on the commission's behalf. The proposal would additionally require the CPUC to consider affordability when setting utility rates.

Although the amendment would eliminate constitutional language classifying telecommunications providers as public utilities, California's Public Utilities Code would continue to define them as such unless lawmakers enact further statutory changes, a flexibility Boerner said is intentional.

If approved by the Senate, ACA-9 would appear on the next statewide general election ballot, where it would require a simple majority to take effect.