BILL NUMBER: AB 468 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 31, 2002
PASSED THE ASSEMBLY AUGUST 31, 2002
AMENDED IN SENATE AUGUST 31, 2002
AMENDED IN SENATE AUGUST 6, 2002
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 Sections 14666.8
and 14666.9 to, the Government Code, relating to telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
AB 468, 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 highway 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.
Existing law requires, to the extent permitted under existing law,
the director to determine the amount of consideration for, and means
of access, which means shall include, but not be limited to, lease,
permit, or other form of providing a monetary or service
consideration for the access.
This bill would, in the case of the Director of Transportation,
require that monetary consideration to be fair market value.
This bill would require the Director of General Services to upon
payment of any applicable fee, provide a requesting party with a copy
of the State Property Inventory. 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 for colocation of their facilities on state-owned real
property.
The bill would require that 15% 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
deposited in the Digital Divide Account and available, upon
appropriation by the Legislature, to be administered by the Public
Utilities Commission to finance Digital Divide projects through the
Digital Divide Grant Program established by this bill. The bill
would require the commission to report to the Legislature and
Governor annually on the effectiveness of the program.
The bill would prescribe procedures that require a provider of
wireless telecommunications services, prior to placing facilities on
land or facilities owned or controlled by the Department of
Transportation, to notify the city or county and request from the
city or county a determination of the need for a zoning review of the
proposed facility. By requiring the city or county to respond to
this request, the bill would create a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
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.
SEC. 3. Section 14666.8 is added to the Government Code, to read:
14666.8. (a) The director shall, upon payment of any applicable
fee, provide a requesting party a copy of the State Property
Inventory.
(b) 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 colocation of
their facilities on state-owned real property.
(c) (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, 15 percent
shall be available, upon appropriation by the Legislature, for the
purpose of addressing the state's Digital Divide. These revenues
shall be deposited in the Digital Divide Account, which is hereby
created in the California Teleconnect Fund Administrative Committee
Fund established pursuant to Section 270 of the Public Utilities
Code, to be used only for Digital Divide pilot projects.
(2) The Public Utilities Commission may use not more than 5
percent of the amounts deposited in the account to pay the costs of
administering this subdivision.
(3) The Digital Divide Grant Program is hereby established subject
to the availability of funding pursuant to this subdivision.
(4) The commission shall provide grants pursuant to this
subdivision on a competitive basis subject to criteria to be
established by the Public Utilities Commission and in a way that
disburses the funds widely, including urban and rural areas. Grants
shall be awarded to community-based nonprofit organizations that are
exempt from taxation under Section 501(c)(3) of the Internal Revenue
Code for the purpose of funding community technology programs.
(5) "Community technology programs" means a program that is
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.
(6) "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.
(7) Recipients of grants pursuant to this subdivision shall report
to the commission annually on the effectiveness of the grant
program.
(8) The commission shall report to the Legislature and the
Governor annually on the effectiveness of the program administered
pursuant to this section.
(d) 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. Section 14666.9 is added to the Government Code, to read:
14666.9. (a) The placement of wireless telecommunications
facilities by providers of wireless telecommunications services on
structures that are owned or controlled by the Department of General
Services or the Department of Transportation may be completed without
city, county, or city and county land use approval where the
facility (1) will be attached to an existing state building or
structure, (2) does not exceed the height or significantly increase
the mass of the existing building or structure, and (3) incorporates
reasonable design standards and stealth technology to reduce the
visibility of the facility.
(b) Prior to placing those wireless telecommunications facilities
on land or facilities owned or controlled by the Department of
General Services or the Department of Transportation, the provider
shall notify the city or city and county within which the land or
facility is located. If the land or facility is not located in a
city or city and county, the provider shall notify the county within
which the land or facility is located. The notice shall be delivered
by registered or certified mail or by other personal delivery
service that requires the recipient to sign upon delivery. A copy of
the notice and the receipt for delivery to the applicable local
agency shall be delivered by the provider to the director of the
department that owns or controls the land or facility where the
proposed facility would be located. The notice shall include the
following information:
(1) The following statement in at least 14-point bold type at the
top of the first page: "REQUEST FOR DETERMINATION OF NEED FOR ZONING
REVIEW OF WIRELESS TELECOMMUNICATIONS FACILITY ON STATE PROPERTY."
(2) A statement that the wireless telecommunications service
provider is requesting a determination of whether the local agency
will seek any type of zoning approval of a proposed wireless
telecommunication facility on state property, and that failure to
respond will result in placement of the wireless telecommunications
facility without further local agency review.
(3) A copy of any structural, engineering, architectural, or
design plans for the telecommunications facility submitted by the
provider and approved by the state.
(4) A description of the proposed wireless telecommunications
facility, including a photomontage of the proposed facility, the
manufacturer's data sheet for any antennae, and a description of the
materials to be used and any antenna support structures.
(5) A description of the location of the proposed facility,
including, but not limited to, the street address, if any, in a form
that would allow a layperson to easily understand the location.
(c) The city, county, or city and county shall notify the provider
no later than 60 days after receipt of the notice described in
subdivision (b) whether the proposed facility meets the criteria of
subdivision (a) and may be completed without city, county, or city
and county land use approval. If the facility does not meet those
criteria:
(1) The notice shall identify which elements of the design prevent
the proposed facility from proceeding absent local agency approval
and shall include a marked copy of the architectural plans submitted
by the wireless telecommunications provider illustrating the
disqualifying feature of the facility design. However, the absence
of this information shall not affect the sufficiency of the notice.
(2) The city, county, or city and county shall have the right to
request of the director of the department that owns or controls the
land or facility where the proposed facility would be located that
the provider submit an application with that local agency for
approval of the proposed facility in accordance with applicable
local, state, and federal law as though the proposed wireless
telecommunications facility were subject to local agency review.
If the city, county, or city and county decides that the proposal
does meet the criteria specified in subdivision (a), the wireless
telecommunications provider may proceed with placement of the
facility without further local agency approval. If the city, county,
or city and county does not notify the provider of wireless
telecommunications services of its decision regarding whether the
proposal meets the foregoing criteria within the required 60-day
period, the provider may proceed with placement of the facility
without further local agency approval only if the facility is
installed in substantial compliance with the information provided to
the city, county, or city and county in the initial submittal notice
required of the wireless telecommunications provider.
(d) (1) If the local agency timely affirms that it does not
require zoning review of the proposed facility within 45 days of the
initial notice required under subdivision (c), the wireless
telecommunications services provider shall pay the local agency the
equivalent of four months of rental payments made by the provider to
the state for use of the site as an in-lieu rental payment.
(2) If the local agency timely affirms that it does not require
zoning review of the proposed facility within 60 days of the initial
notice required under subdivision (c), the wireless
telecommunications services provider shall pay the local agency the
equivalent of two months of rental payments made by the provider to
the state for use of the site as an in-lieu rental payment.
(e) Except as specifically provided in subdivision (a), nothing in
this section shall be construed to expand or contract local zoning
authority over state property under existing law.
SEC. 5. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.