BILL ANALYSIS
AB 468
Page 1
GOVERNOR'S VETO
AB 468 (Firebaugh)
As Amended August 31, 2002
2/3 vote
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|ASSEMBLY: | |(May 10, 2001) |SENATE: |30-0 |(August 31, |
| | | | | |2002) |
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(vote not relevant)
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|ASSEMBLY: |49-22|(August 31, | | | |
| | |2002) | | | |
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Original Committee Reference: U. & C.
SUMMARY : Provides that agreements negotiated by the Department
of Transportation (Caltrans) to place wireless facilities on
state-owned property or highway rights-of-way shall provide
compensation at fair market value.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Provide that agreements negotiated by Caltrans to place
wireless facilities on state-owned property or highway
rights-of-way shall provide compensation at fair market value.
2)Allow DGS to negotiate agreements to lease state-owned
property to wireless telecommunications providers.
3)Provide that the agreements shall provide for a rental fee at
fair market value, cannot be longer than 10 years, limit
extensions to five years, provide for use of the wireless
providers facilities by state agencies if technically and
economically feasible, and facilitate agreements by wireless
providers to co-locate their facilities.
AB 468
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4)Require that 15% of the revenues derived from certain leases
of state-owned property to wireless telecommunications
facilities be redirected from the General Fund (GF), to a
separate account, administered by the California Public
Utilities Commission (PUC) for the purpose of funding a
"Digital Divide" grant program.
EXISTING LAW :
1)Directs the Department of General Services (DGS) to negotiate
access to non-highway state-owned property.
2)Requires Caltrans to negotiate access to state-owned highway
rights-of-way. Payments for use of land or facilities
controlled by Caltrans are deposited in the State
Transportation Fund.
AS PASSED BY THE ASSEMBLY , this bill codified safeguards
currently practiced at the California Department of Motor
Vehicles (DMV) against identity theft in the process of
obtaining duplicate driver's licenses and identification cards.
FISCAL EFFECT : Senate Appropriations notes that DGS currently
has 299 leases with wireless companies, generating $964,000
annually in GF revenue to the state. If 600 new leases are
created, and the average revenue generated is $3,500 per lease,
the net revenue generated is $2.1 million, resulting in a GF
loss of about $210,000 annually.
COMMENTS : 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.
GOVERNOR'S VETO MESSAGE :
This bill requires, with the approval of the
applicable state agency, the director of the
Department of Transportation or the director of the
Department of General Services to negotiate a lease
with any wireless telecommunications provider for
their facilities on state property. This bill would
AB 468
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also establish the Digital Divide Account and deposit
15% of the revenues collected from wireless
telecommunication providers to this account.
I am returning this bill for two reasons. By
requiring approval of the applicable state
department, the location of telecommunication
facilities is then exempt from local land use review.
In some communities the location of cell towers is a
matter of great community interest. I am unwilling
to thwart the discretionary review of local
governments. I certainly am supportive of bridging
the digital divide as evidenced by my recent
signatures of SB 1863 (Bowen) which increases funding
to community technology centers and SB 1563 (Polanco)
which requires the Public Utilities Commission to
develop a meaningful plan to improve access to the
Internet. However, the deposit of revenues into a
new Digital Divide Account is nothing more than a
transfer of the same revenues from the General Fund.
Because of the $24 billion revenue shortfall the
state has faced and continuing fiscal pressures, I am
unwilling to create this new account at the expense
of the General Fund.
Analysis Prepared by : Paul Donahue / U. & C. / (916) 319-2083
FN: 0008150