BILL ANALYSIS AB 855 Page 1 ASSEMBLY THIRD READING AB 855 (Firebaugh) As Amended June 2, 2003 2/3 vote. Urgency UTILITIES AND COMMERCE 9-2 APPROPRIATIONS 17-7 ----------------------------------------------------------------- |Ayes:|Reyes, Richman, |Ayes:|Steinberg, Berg, Kehoe, | | |Canciamilla, Jerome | |Corbett, Diaz, Firebaugh, | | |Horton, Levine, Maddox, | |Goldberg, Leno, Nation, | | |Nunez, Ridley-Thomas, | |Chan, Nunez, Pavley, | | |Wolk | |Ridley-Thomas, Simitian, | | | | |Wiggins, Yee, Laird | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Campbell, La Suer |Nays:|Bates, Daucher, Haynes, | | | | |Maldonado, Pacheco, | | | | |Runner, Samuelian | ----------------------------------------------------------------- SUMMARY : Seeks to facilitate the placement of wireless telecommunication towers and facilities on state-owned property and to use a portion of new lease revenues from these facilities to address the state's "digital divide." Specifically, this bill : 1)Requires the Department of General Services (DGS) to compile, maintain and prepare an inventory state-owned real property, excluding state owned highway rights-of-way, that may be available for lease to wireless telecommunications providers for location of wireless telecommunications facilities and make the inventory of available properties be put on DGS Web site. 2)Authorizes the Director of DGS to lease state-owned property for wireless telecommunications facilities. 3)Requires that 15% of revenues from new DGS leases pursuant to #2 above are available upon appropriation for projects to address the digital divide. These revenues are to be deposited in the newly established Digital Divide Account within the California Teleconnect Fund Administrative Committee Fund. AB 855 Page 2 4)Establishes the Digital Divide Grant Program, under which the Public Utilities Commission (PUC) shall award grants from the Digital Divide Account on a competitive basis to non-profit organizations for community technology training programs. 5)Requires PUC to report to the Legislature and the Governor on the effectiveness of the program annually. 6)Takes effect immediately. EXISTING LAW requires: 1)The Directors of DGS, with the approval of the state agency concerned, and Transportation to negotiate access to state-owned property, to include highway rights-of way. 2)Provides that this requirement also applies to telecommunications and information technologies. 3)The director of both agencies to determine the amount of consideration for, and means of access to include lease permit or other form of providing a monetary or service consideration for the access. 4)Requires PUC to develop a plan to encourage the widespread availability and use of advance communications infrastructure consistent with the state policy of bridging the digital divide. FISCAL EFFECT : According to the Assembly Appropriations Committee: 1)One-time General Fund (GF) costs of around $25,000 each for DGS to place its property inventory on their Web site and to distribute materials to local governments. 2)Caltrans indicates that it would incur significant costs to determine which of its properties, including the state highway system, are available for lease. 3)Funding available for the digital divide grants would depend on revenues from new DGS leases. If current annual DGS lease revenues of $1 million were to double (this would take a number of years), then $150,000 would be available for the grant program. These revenues for grants would otherwise go AB 855 Page 3 to the General Fund. 4)PUC would incur special fund costs of about $80,000 for one staff to establish the grant program and ongoing costs of about $40,000 to administer the program. These costs are greater than the 5% administrative costs authorized in this bill. COMMENTS : According to the author and sponsors of this bill, the intent of this bill is to improve the quality of cell phone service in California by providing wireless telecommunications carriers with an access to place wireless facilities on state property while additionally providing an additional revenue stream for the digital divide projects. Proponents argue that there is excess state owned property that can be used to cite new wireless facilities. These facilities are needed to reduce the number of dropped calls and the number of "dead zones" where there is currently no wireless coverage. This bill will open these locations for lease by the cellular providers. The revenue from these leases will be divided between the GF (85%) and a new fund to be administered by the PUC (15%) which will be used to fund competitive grants to fund programs aimed at increase computer access in undeserved areas. Analysis Prepared by : Angela Haywood / U. & C. / (916) 319-2083 FN: 0001610