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   |
          |                               |                            |
          |                               |                            |
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          ____________________________________________________________ 
          ___
          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.