BILL NUMBER: AB 2172 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 24, 2004
INTRODUCED BY Assembly Member Levine
FEBRUARY 18, 2004
An act to amend Section 280 280.5 of
the Public Utilities Code, relating to telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
AB 2172, as amended, Levine. Telecommunications: Lease
lease of state property for wireless facilities
: Digital Divide Account in the California Teleconnect Fund
Administrative Committee Fund .
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. Existing law creates the Digital Divide
Account within the fund, and requires 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 the
above-described provisions, with certain exceptions, be deposited in
the Digital Divide Account, to be available, upon appropriation by
the Legislature, to finance digital divide projects through the
Digital Divide Grant Program.
This bill would additionally except from the requirement that 15%
of the revenues from fees collected from the lease of state-owned
real property to the providers of wireless telecommunications
services be deposited into the Digital Divide Account, those fees
received from a lease agreement for access to property that was
acquired with money from a fund other than the General Fund. The bill
would specify that all of the revenues from fees from a lease
agreement to access property that was acquired with money from a fund
other than the General Fund, are required to be deposited into that
fund.
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 280 280.5 of the
Public Utilities Code is amended to read:
280. (a) The commission shall develop, implement, and
280.5. (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 , fees from
a lease agreement for access to property that was acquired with money
from a fund other than the General Fund , or
fees from a lease agreement for access to state property
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. All of the
revenues from fees from a lease agreement for access to property that
was acquired with money from a fund other than the General Fund,
shall be deposited into that fund pursuant to subdivision (e) of
Section 14666.8 of the Government Code.
(b) 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. Not more than 5 percent of the revenues described in
subdivision (a), may be used to pay the costs incurred in connection
with the administration of digital divide pilot projects by the
commission.
(c) (1) The Digital Divide Grant Program is hereby established
subject to the availability of funding pursuant to this section. The
commission may not implement the grant program until the commission
projects that at least five hundred thousand dollars ($500,000) will
be available in the Digital Divide Account during the calendar year
following implementation, based on money collected pursuant to
Section 14666.8 of the Government Code.
(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:
(1) Providing open access to and opportunities for training in
technology.
(2) Developing content relevant to the interests and wants of the
local community.
(3) Preparing youth for opportunities in the new economy through
multimedia training and skills.
(4) Harnessing technology for e-government services.
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.