BILL ANALYSIS                                                                                                                                                                                                    




                    Appropriations Committee Fiscal Summary
          
           ------------------------------------------------------------ 
          |                               |468(Firebaugh)              |
          |-------------------------------+----------------------------|
          |                               |                            |
          |-------------------------------+----------------------------|
          |Hearing Date:  8/13/02         |Amended: 8/6/02             |
          |-------------------------------+----------------------------|
          |Consultant:  Lisa Matocq       |Policy Vote: E, U & C 5-0   |
          |                               |                            |
          |                               |                            |
           ------------------------------------------------------------ 
          ____________________________________________________________ 
          ___
          BILL SUMMARY:  AB 468, an urgency bill, requires that 20%  
          of the revenues derived from certain leases of state-owned  
          property to wireless telecommunications facilities be  
          redirected from the General Fund, to a separate account,  
          administered by the Public Utilities Commission (PUC) for  
          the purpose of funding a "Digital Divide" grant program.   
          The bill also requires the Department of General Services  
          (DGS) to develop and maintain a list of state-owned  
          properties which may be available for telecommunications  
          facilities.  

                              Fiscal Impact (in thousands)
           Major Provisions                      2002-03             2003-04          
            2004-05                        Fund  
          
          DGS lease revenues/        Unknown loss of revenues to the General    
             General/
          Digital Divide programs     Fund, probably under $192 annually.       
                 Special*
                                    Funds are to be redirected to grant  
          program.
          PUC                       Unknown administrative costs, probably      
                  Special**                    
                                    under $150.  Costs may be offset by fee     

                                    revenues.
          DGS inventory list                   Unknown, potentially  
          significant, costs           General          

          *California Teleconnect Fund
          **Public Utilities' Reimbursement Account               










          
          STAFF COMMENTS:  This bill meets the criteria for referral  
          to the Suspense File.   Under current law, DGS is  
          authorized to lease state-owned property to various  
          entities.  Each year, DGS collects about $964,000 in lease  
          revenues from 299 wireless telecommunications providers.   
          These revenues are deposited primarily in the General Fund.  
           The Department of Transportation (DOT) also collects about  
          $2.4 million annually from about 100 wireless  
          telecommunications companies.  

          This bill makes legislative findings related to the  
          "Digital Divide".  The Digital Divide refers to the  
          disparity among those Californians who own a home computer,  
          have Internet access, and related training, and those who  
          do not. 
          The 20% of the lease revenues referred to in the bill are  
          to be used, upon appropriation by the Legislature, to fund  
          a community technology grant program to bridge the Digital  
          Divide. Because these revenues would otherwise be deposited  
          in the General Fund, this shift represents a loss to the  
          General Fund.  The bill also requires the PUC to administer  
          these funds in conjunction with the California Teleconnect  
          Fund.   Staff notes there is no provision for the PUC's  
          administrative costs.  20% of current lease revenues would  
          be $192,800 annually.  However, the provisions of this bill  
          only apply to future leases which 

          AB 468 (Firebaugh)
          Page Two

          meet other specified criteria, therefore the shift of funds  
          is likely to be less than that.  

          DGS currently maintains the State Property Inventory (SPI),  
          which is a public document.  This bill requires DGS to  
          compile, within 120 days of the effective of the bill, and  
          maintain an inventory of state-owned property that may be  
          available for lease to providers of wireless  
          telecommunications services for location of their  
          facilities, and specifies that this list shall be the sole  
          source of inventory for this purpose.  This implies that  
          DGS would be required to compile a separate and tailored  
          list which takes into consideration the facilities needs of  
          the wireless telecommunications industry, and could set a  
          precedent for other industries to request such an inventory  










          list.  DGS could incur significant costs in compiling such  
          a list. 
              
          STAFF RECOMMENDS that the bill be amended to:

          1)  establish or specify the separate account of the  
          California Teleconnect Fund to be used,  
          2)  provide for, from the 20% of revenues, and cap the  
          PUC's administrative costs (5% is a standard),
          3)  further clarify the grant program provisions, such as  
          minimum or maximum amount of grant award, competitive  
          criteria, if any, etc.
          4)  require the grant recipient to report to the PUC on the  
          effectiveness of the program, and require the PUC to report  
          to the Legislature and Governor,
          5) clarify whether DGS is required to compile a separate  
          inventory list or whether the existing SPI list suffices.   
          If the existing SPI suffices, this section of the bill  
          should be stricken.

          STAFF NOTES that a similar bill, AB 1150 (Firebaugh) died  
          in the Assembly Appropriations Committee earlier this year.