BILL ANALYSIS Appropriations Committee Fiscal Summary ------------------------------------------------------------ | |468(Firebaugh) | |-------------------------------+----------------------------| | | | |-------------------------------+----------------------------| |Hearing Date: 8/30/02 |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, potentially $360 annually. Funds Special* 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: 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. According to the author's office, there is an identified need for at least 900 facilities in the next year with each lease averaging approximately $2,000. Therefore, the shift of funds could be $360,000 annually. 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. Author amendments: The author proposes amendments which (1) would reduce costs by clarifying that DGS is not required to compile a separate inventory list and that DGS may charge a fee to offset costs, and providing for and capping the PUC's administrative costs, (2) specify the separate account to be established, and (3) relate to local zoning issues.