BILL NUMBER: AB 855 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 2, 2003
AMENDED IN ASSEMBLY MAY 6, 2003
INTRODUCED BY Assembly Members Firebaugh and Levine
FEBRUARY 20, 2003
An act to add Sections 14666.8 and 14666.9
Section 14666.8 to the Government Code, and to add Section
709.5 to the Public Utilities Code, relating to telecommunications,
and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 855, as amended, Firebaugh. Wireless telecommunications:
access to state property.
(1) Existing law requires the Director of General Services, with
the approval of the state agency concerned, to 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 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 of
General Services 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.
Existing law imposes similar requirements on the Director of
Transportation with respect to state-owned highway rights-of-way.
This bill would require the Director of General Services, within
120 days of the operative date of the bill, to compile and maintain
an inventory of state-owned real property, excluding state-owned
highway rights-of-way that may be available for lease to providers of
wireless telecommunications services for location of wireless
telecommunications facilities, and to make the inventory available on
the Department of General Services' Web site. It would authorize
the director to negotiate and 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, subject
to specified conditions.
The bill would impose similar requirements on the Director of
Transportation with respect to state-owned highway rights-of-way.
(2) Existing law requires the Public Utilities Commission to
develop a plan to encourage the widespread availability and use of
advanced communications infrastructure consistent with the state
policy of bridging the digital divide.
The bill would require that 15% of the revenues from fees
collected from the lease of state-owned real property to the
providers of wireless telecommunication services pursuant to its
provisions, with certain exceptions, be deposited in the Digital
Divide Account established by the bill in the California Teleconnect
Fund Administrative Committee Fund. It would require the revenues
deposited in the account to be available, upon appropriation by the
Legislature, to be administered by the commission to finance digital
divide projects through the Digital Divide Grant Program established
by the bill. The bill would require the commission to report to the
Legislature and Governor annually on the effectiveness of the
program.
(3) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
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, or other wireless
repeaters, amplifiers, regenerative repeaters, or regenerators that
have the shape of natural or manmade structures or objects.
SEC. 2. Section 14666.8 is added to the Government Code, to read:
14666.8. (a) The director shall, within 120 days of the operative
date of this section, compile and maintain an inventory of
state-owned real property that may be available for lease to
providers of wireless telecommunications services for location of
wireless telecommunications facilities. This inventory shall be the
state's sole inventory of state-owned real property available for
this purpose. The term "state-owned real property," as used in this
section, excludes state-owned highway rights-of-way.
(b) The director shall make the inventory available on the
department's Web site.
(c) On behalf of the state, the director may negotiate and enter
into an agreement to lease state-owned real property, not subject to
an existing state franchise, 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 reasonable 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.
(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.
(d) The director shall develop and distribute materials for use by
local government agencies that encourage these agencies to compile
and maintain inventories of local agency-owned real property that may
be available to providers of wireless telecommunications services
for the location of wireless telecommunications facilities.
SEC. 3. Section 14666.9 is added to the Government Code, to read:
14666.9. (a) The Director of Transportation shall, within 120
days of the operative date of this section, compile and maintain an
inventory of state-owned highway rights-of-way that may be available
for lease to providers of wireless telecommunications services for
location of wireless telecommunications facilities. This inventory
shall be the state's sole inventory of state-owned highway
rights-of-way available for this purpose.
(b) The Director of Transportation shall make the inventory
available on the Department of Transportation's Web site.
(c) On behalf of the state, the Director of Transportation may
negotiate and enter into an agreement to lease state-owned highway
rights-of-way, not subject to an existing state franchise, 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 reasonable 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 of
Transportation.
(3) Provide for the use of the wireless provider's facilities
located on the state-owned highway rights-of-way 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 highway rights-of-way.
(d) The Director of Transportation shall develop and distribute
materials for use by local government agencies that encourage these
agencies to compile and maintain inventories of local agency-owned
rights-of-way that may be available to providers of wireless
telecommunications services for the location of wireless
telecommunications facilities.
SEC. 4.
SEC. 3. Section 709.5 is added to the Public Utilities Code,
to read:
709.5. (a) Of the revenues from fees collected pursuant to
Section 14666.8 of the Government Code after the operative date of
this section, except for revenues from fees from a lease agreement
for access to Department of Transportation property or a lease
agreement existing prior to the operative date of the section, 15
percent shall be available, upon appropriation by the Legislature,
for the purpose of addressing the state's digital divide.
(b) (1) Revenues described in subdivision (a)
shall be deposited in the Digital Divide Account, which is hereby
established in the California Teleconnect Fund Administrative
Committee Fund established pursuant to Section 270, to be used only
for digital divide pilot projects.
(2) The commission may use not more than 5 percent of the amounts
deposited in the Digital Divide Account as described in subdivision
(b) to pay the costs of administering this section.
(c) (1) The Digital Divide Grant Program is hereby established
subject to the availability of funding pursuant to this section.
The commission shall not implement the grant program until at
least two hundred thousand dollars ($200,000) has been deposited into
the Digital Divide Account.
(2) The commission shall provide grants pursuant to this
subdivision on a competitive basis subject to criteria to be
established by the 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.
(3) Recipients of grants pursuant to this subdivision shall report
to the commission annually on the effectiveness of the grant
program.
(4) The commission shall report to the Legislature and the
Governor annually on the effectiveness of the program administered
pursuant to this subdivision.
(d) For purposes of this section, "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.
(e) For purposes of this section, "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.
(f) Nothing in this section may be construed to alter any existing
rights of telephone corporations under Section 7901.
SEC. 5.
SEC. 4. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to make state-owned real property available for lease,
and to make the resulting revenues available for addressing the state'
s digital divide, at the earliest possible time, it is necessary for
this act to go into immediate effect.