BILL NUMBER: AB 2172	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 18, 2004

   An act to amend Section 280 of the Public Utilities Code, relating
to telecommunications.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2172, as introduced, Levine.    Telecommunications:  Lease of
state property for wireless facilities.
   Existing law requires the Director of General Services, to compile
and maintain an inventory of state-owned real property, excluding
certain property, that may be available for lease to providers of
wireless telecommunications services for location of wireless
telecommunications facilities, and to provide a requesting party,
upon payment of any applicable fee, with a copy of the inventory.
Existing law authorizes the director to negotiate and enter into an
agreement for the lease of certain department-managed and state-owned
real property to any provider of wireless telecommunications
services for location of its facilities, subject to specified
conditions.
   Existing law requires, notwithstanding any other provision of law,
that any revenue collected from a lease entered into pursuant to
these provisions to use property that was acquired with money in a
fund other than the General Fund be deposited into the fund from
which it was obtained.  Existing law requires that moneys received
and deposited in those funds be available upon appropriation by the
Legislature notwithstanding any other provision of law.
   Existing law establishes the California Teleconnect Fund
Administrative Committee to advise the Public Utilities Commission
regarding the commission's responsibilities for the development,
implementation, and administration of a program to advance universal
telephone service by providing discounted rates to qualifying
schools, libraries, hospitals, health clinics, and community
organizations.  Existing law establishes the California Teleconnect
Fund Administrative Committee Fund in the State Treasury and provides
that moneys in the fund, collected by telephone corporations in
utility rates authorized by the commission and deposited into the
fund, may only be expended for the purposes authorized, upon
appropriation in the annual Budget Act.
   The bill would require that, notwithstanding the provisions
relating to the California Teleconnect Fund Administration Committee
Fund, if a wireless telecommunications facility is sited on land
purchased with funds from a continuously appropriated special fund,
all revenues generated from a lease of that property be deposited
into that special fund.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 280 of the Public Utilities Code is amended to
read:
   280.  (a) The commission shall develop, implement, and administer
a program to advance universal service by providing discounted rates
to qualifying schools, libraries, hospitals, health clinics, and
community organizations, consistent with Chapter 278 of the Statutes
of 1994.
   (b) There is hereby created the California Teleconnect Fund
Administrative Committee, which is an advisory board to advise the
commission regarding the development, implementation, and
administration of a program to advance universal service by providing
discounted rates to qualifying schools, libraries, hospitals, health
clinics, and community organizations, consistent with Chapter 278 of
the Statutes of 1994, and to carry out the program pursuant to the
commission's direction, control, and approval.
   (c) All revenues collected by telephone corporations in rates
authorized by the commission to fund the program specified in
subdivision (a) shall be submitted to the commission pursuant to a
schedule established by the commission.  Commencing on October 1,
2001, and continuing thereafter, the commission shall transfer the
moneys received, and all unexpended revenues collected prior to
October 1, 2001, to the Controller for deposit in the California
Teleconnect Fund Administrative Committee Fund.  All interest earned
by moneys in the fund shall be deposited in the fund.
   (d) Moneys appropriated from the California Teleconnect Fund
Administrative Committee Fund to the commission shall be utilized
exclusively by the commission for the program specified in
subdivision (a), including all costs of the board and the commission
associated with the administration and oversight of the program and
the fund.
   (e) Moneys loaned from the California Teleconnect Fund
Administrative Committee Fund in the Budget Act of 2003 are subject
to Section 16320 of the Government Code.  If the commission
determines a need for moneys in the California Teleconnect Fund
Administrative Committee Fund, the commission shall notify the
Director of Finance of the need, as specified in Section 16320 of the
Government Code.  The commission may not increase the rates
authorized by the commission to fund the program specified in
subdivision (b) while moneys loaned from the California Teleconnect
Fund Administrative Committee Fund in the Budget Act of 2003 are
outstanding unless both of the following conditions are satisfied:
 
   (1) The Director of Finance, after making a determination pursuant
to subdivision (b) of Section 16320 of the Government Code, does not
order repayment of all or a portion of any loan from the California
Teleconnect Fund Administrative Committee Fund within 30 days of
notification by the commission of the need for the moneys.
   (2) The commission notifies the Director of Finance and the
Chairperson of the Joint Legislative Budget Committee in writing that
it intends to increase the rates authorized by the commission to
fund the program specified in subdivision (a).  The notification
required pursuant to this paragraph shall be made 30 days in advance
of the intended rate increase.
   (f)  Notwithstanding subdivisions (a) to (e), inclusive, if a
wireless telecommunications facility or function is sited on land
purchased with funds from a continuously appropriated special fund,
all revenue generated from a lease entered into pursuant to Section
14666.8 of the Government Code shall be deposited into that special
fund.  
   (g)  Subdivision (e) shall become inoperative upon full
repayment or discharge of all moneys loaned from the California
Teleconnect Fund Administrative Committee Fund in the Budget Act of
2003.