BILL NUMBER: AB 468 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 20, 2002
AMENDED IN SENATE JUNE 6, 2002
AMENDED IN SENATE APRIL 10, 2002
AMENDED IN ASSEMBLY APRIL 16, 2001
AMENDED IN ASSEMBLY MARCH 26, 2001
INTRODUCED BY Assembly Member Firebaugh
FEBRUARY 21, 2001
An act to amend Section 14666.6 of, and to add Section 14666.8 to,
the Government Code, relating to telecommunications, and declaring
the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 468, as amended, Firebaugh. State property: access:
telecommunications.
(1) Existing law requires the Director of General Services, with
the approval of the state agency concerned, and the Director of
Transportation to negotiate in the name of the state, access to
state-owned property, including rights-of-way, for those purposes and
subject to those conditions, limitations, restrictions, and
reservations determined by the director to be in the interest of the
state. Existing law provides that this requirement to negotiate
access applies to telecommunications and information technologies.
This bill would require the Director of General Services to
compile and maintain an inventory of state-owned real property that
may be available for lease to providers of wireless
telecommunications services for location of wireless facilities. It
would authorize the director to enter into an agreement for the lease
of certain state-owned real property to any provider of wireless
telecommunications services for location of its facilities, and would
require that this lease, among other things, (1) provide for the use
of the wireless provider's facilities located on the state-owned
real property by any appropriate state agency if technically,
legally, aesthetically, and economically feasible, and (2)
facilitate, to the greatest extent possible, agreements among
providers of wireless telecommunications services
forcolocation for colocation of their facilities
on state-owned real property.
This bill would provide that a wireless telecommunications
facility located on state-owned real property pursuant to a lease
that meets these requirements, or agreements negotiated by the
Director of Transportation for the placement of wireless
telecommunications facilities on land or facilities owned or
controlled by the Department of Transportation, would not be subject
to the requirements of any local zoning ordinance or regulation.
The bill would require that 10% 20%
of the revenues from fees collected pursuant to these provisions,
except for revenues from fees from a lease agreement for access to
Department of Transportation property or a lease agreement existing
prior to January 1, 2003, be available, upon appropriation by the
Legislature, to be administered by the Public Utilities
Commission to finance Digital Divide projects.
This bill would require the Governor's director of e-government,
in consultation with representatives from community technology
programs, as defined, advocacy groups, and community-based
organizations, to develop, within 180 days of the effective date of
the bill, criteria for selecting Digital Divide projects to be funded
pursuant to the bill.
(2) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Wireless telecommunications service is a critical part of
California's infrastructure.
(b) The rapid deployment of wireless telecommunications facilities
is critical to ensure network access and quality of service.
(c) It is in the public interest to minimize the aesthetic impact
of wireless telecommunications towers and facilities necessary to
support wireless networks.
(d) Use of property owned by the state, local government agencies,
and other public entities for location of wireless
telecommunications facilities will expedite deployment of wireless
telecommunications service and minimize the aesthetic impact of
wireless telecommunications towers and facilities.
(e) A certain percentage of people have the best information
technology that our society has to offer. These people have the most
powerful computers, the best telephone and fastest Internet
services, as well as a wealth of content and training relevant to
their lives. There is another group of people that have very little
technology or service, if any at all. The difference between these
two groups is what has been called the "Digital Divide."
(f) "Falling Through the Net: Toward Digital Divide Inclusion," a
report published by the United States Department of Commerce,
determined that although more than one-half of all households have
computers and more than one-half of all Americans were expected to be
using the Internet by the middle of 2001, a Digital Divide remains
or has expanded slightly in some cases.
(g) Today, a large number of Americans are using the Internet to
conduct daily activities, including, but not limited to,
communication, shopping, entertainment, job searches, job training,
and educational enhancement. To be on the less fortunate side of the
Digital Divide means that individuals are not able to participate in
the world's new information-based economy. Even worse is that with
the growth of the information-based economy, people who lack access
to those tools are becoming disadvantaged.
(h) Even with access to computers and the Internet, a divide is
emerging with relevant content and information available on the
Internet, as reported in The Children's Partnership's "Online Content
for Low-Income and Underserved Americans: The Digital Divide's New
Frontier." This report audited the content available on the Internet
and found that little content could be found that addresses the
interests and needs of local information users, including needs of
adults with limited literacy, that is provided in a culturally
relevant manner, or that is available in a variety of languages.
(i) Raising the level of digital access by increasing the number
of Californians using the technology tools of the digital age is a
high priority in the State of California.
(j) Community technology programs serve Californians who do and do
not have computers and the Internet at home by providing open access
to, and opportunities for, training in technology.
(k) Community technology programs that are trusted and familiar
places in neighborhoods are capable of attracting people who would
not otherwise have the opportunity to learn about and use technology.
(l) According to the United States Department of Labor, Bureau of
Labor Statistics, employment in multimedia occupations is projected
to grow the fastest and increase more, by 5.3 million workers, than
any other major group over the 1998-2008 period.
(m) Community technology programs prepare Californians for the
digital age and the ensuing economic opportunities that fuel
California's economy and make it the leader in technology.
SEC. 2. Section 14666.6 of the Government Code is amended to read:
14666.6. (a) With the approval of the state agency concerned, the
director shall negotiate in the name of the state, access to
state-owned property, not used for highway purposes, for those
purposes and subject to those conditions, limitations, restrictions,
and reservations determined by the director to be in the best
interest of the state. To the extent permitted under existing law,
the director shall determine the amount of consideration for, and
means of access, which means shall include, but not be limited to,
any of the following: lease, permit, or other form of providing a
monetary or service consideration for the access.
(b) The Director of Transportation shall negotiate in the name of
the state, access to state-owned highway rights-of-way, for those
purposes and subject to those conditions, limitations, restrictions,
and reservations determined by the Director of Transportation to be
in the best interest of the state. To the extent permitted under
existing law, the Director of Transportation shall determine the
amount of consideration for, and means of access, which means shall
include, but not be limited to, any of the following: lease, permit,
or other form of providing a fair market value monetary
or service consideration for the access.
(c) This section applies to various telecommunications and
information technologies, including, but not limited to, voice, data,
video, and fiber-optic technologies.
(d) Any payments received under this section for a grant or
conveyance through land or facilities controlled by the Department of
Transportation, including but not limited to, rights-of-way along
the state highway system, shall be deposited in the State
Transportation Fund.
(e) Agreements negotiated by the Director of Transportation for
the placement of wireless telecommunications facilities on land or
facilities owned or controlled by the Department of Transportation
shall not be subject to the requirements of any local zoning
ordinance or regulation. The director shall provide reasonable
notice and opportunity for comment on that placement by the city or
county in which the state-owned land or facilities are located.
SEC. 3. Section 14666.8 is added to the Government Code, to read:
14666.8. (a) The director shall, within 120 days of the effective
date of this section, compile and maintain an inventory of
state-owned real property that may be available for lease to
providers of wireless telecommunications services for location of
wireless telecommunications facilities. This inventory shall be the
state's sole inventory of state-owned real property available for
this purpose.
(b) The director shall make the inventory available on the
department's Web site.
(c) On behalf of the state, the director may negotiate and enter
into an agreement to lease state-owned real property, not subject to
an existing state franchise, to any provider of wireless
telecommunications services for location of its facilities. A lease
for this purpose shall do all of the following:
(1) Provide for a reasonable rental fee to be paid to the state to
the extent permitted under existing law.
(2) Designate a lease term that is acceptable to the director.
of state-owned real property that it manages that may
be available for lease to providers of wireless telecommunications
services for location of wireless telecommunications facilities.
This inventory shall be the state's sole inventory of
department-managed, state-owned real property available for this
purpose. At the director's discretion, the director may charge an
application or access fee for use of the inventory to pay the costs
associated with compilation and maintenance of the inventory.
(b) The director shall make the inventory available on the
department's Web site, which may be subject to an access fee or
subscription as determined by the director to pay the costs
associated with the compilation and maintenance of the inventory.
(c) On behalf of the state, the director may negotiate and enter
into an agreement to lease department-managed, state-owned real
property to any provider of wireless telecommunications services for
location of its facilities. A lease for this purpose shall do all of
the following:
(1) Provide for a fair market value rental fee to be paid to the
state to the extent permitted under existing law.
(2) Designate a lease term that is acceptable to the director.
The duration of the initial lease term for any such facility shall
not exceed 10 years, and may provide for a negotiated number of
renewal terms that do not exceed five years each.
(3) Provide for the use of the wireless provider's facilities
located on the state-owned real property by any appropriate state
agency if technically, legally, aesthetically, and economically
feasible.
(4) Facilitate, to the greatest extent possible, agreements among
providers of wireless telecommunications services for collocation of
their facilities on state-owned real property.
(d) A wireless telecommunications facility located on state-owned
real property pursuant to a lease that meets the requirements of
subdivision (c) shall not be subject to the requirements of any local
zoning ordinance or regulation. The director shall provide
reasonable notice and opportunity for comment on that placement by
the city or county in which the state-owned land or facilities are
located.
(e) The director shall develop and distribute materials for use by
local government agencies that encourage these agencies to compile
and maintain inventories of local agency owned real property that may
be available to providers of wireless telecommunications services
for the location of wireless telecommunications facilities.
(f) (1) Of the revenues from fees collected pursuant to this
section after January 1, 2003, except for revenues from fees from a
lease agreement for access to Department of Transportation property
or a lease agreement existing prior to January 1, 2003, 10
20 percent shall be available, upon
appropriation by the Legislature, for the purpose of addressing the
state's Digital Divide. These revenues shall be maintained in a
separate fund account to be used only for Digital Divide pilot
projects.
(2) The Governor's director for e-government, in consultation with
representatives from community technology programs, advocacy groups,
and community-based organizations, shall develop, within 180 days
after the effective date of this section, criteria for selecting
Digital Divide projects for funding pursuant to this subdivision. In
developing the criteria, the director shall consider the income
level, racial composition, need, and geographic location of the
community in which the project serves and other relevant criteria.
(2) The Public Utilities Commission shall administer these funds
in conjunction with its California Teleconnect Fund.
(3) The first four pilot projects selected for funding based on
these criteria, upon appropriation by the Legislature, shall include
one statewide program currently engaged in technology diffusion with
centers located in both rural and urban communities and one for a
city in each of the following: Orange County, southeast Los Angeles,
and a northern California bay area county. The Governor's annual
budget proposal shall include funding for these three
four projects and all future Digital Divide
projects.
(4) "Community technology programs" means a community-based,
nonprofit organization that is exempt from taxation under Section 501
(c)(3) of the Internal Revenue Code and engaged in diffusing
technology in local communities and training local communities in the
use of technology, especially local communities that otherwise would
have no access or limited access to the Internet and other
technologies.
(5) "Digital Divide projects" means community technology programs
involved in activities that include, but are not limited to, the
following:
(A) Providing open access to and opportunities for training in
technology.
(B) Developing content relevant to the interests and wants of the
local community.
(C) Preparing youth for opportunities in the new economy through
multimedia training and skills.
(D) Harnessing technology for e-government services.
(g) Nothing in this section shall be construed to alter any
existing rights of telephone corporations under Section 7901 of the
Public Utilities Code.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to make state-owned real property available for lease at
the earliest possible time, it is necessary for this act to go into
immediate effect.