BILL NUMBER: AB 2172 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 28, 2004
AMENDED IN ASSEMBLY MARCH 24, 2004
INTRODUCED BY Assembly Member Levine
FEBRUARY 18, 2004
An act to amend Section 14666.8 of the Government Code, to
amend Section 280.5 of the Public Utilities Code, and to
amend Section 1 of Chapter 820 of the Statutes of 2003,
relating to telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
AB 2172, as amended, Levine. Telecommunications: lease of state
property for wireless facilities: Digital Divide
Opportunities 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
respectively rename the Digital Divide Account and the
Digital Divide Grant Program, the Digital Opportunities Account and
the Digital Opportunities Grant Program. 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
telecommunications services be deposited into the Digital Divide
Account, those fees received from a lease agreement for access to
property to the providers of wireless
telecommunication services pursuant to the above-described
provisions, that was acquired with money from a fund other than
the General Fund be deposited into the Digital Opportunities
Account to be used for the Digital Opportunities Grant Program
. The bill would specify that all require
that 85% 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 the commission to
consult with the California Teleconnect Fund Administrative Committee
in providing grants and establishing criteria for the distribution
of funds under the Digital Opportunities Grant Program. The bill
would require the commission to use moneys in the California
Teleconnect Fund Administrative Committee Fund to administer the
grant program.
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 14666.8 of the Government Code is amended
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 property owned or managed by the Department of
Transportation and property subject to Section 7901 of the Public
Utilities Code.
(b) The director shall provide, in a cost-effective manner, upon
payment of any applicable fee, a requesting party a copy of the
inventory.
(c) On behalf of the state, the director may negotiate and enter
into an agreement to lease department-managed and state-owned real
property 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 fair market value to be paid by the provider of
wireless telecommunications service to the state to the extent
permitted under existing state law.
(2) Designate a lease term that is acceptable to the director and
the state agency that has control over the property. The duration of
the initial lease term for any wireless facility may not exceed 10
years, and the lease may provide for a negotiated number of renewal
terms, not to exceed five years for each term.
(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) Nothing in this section alters any existing rights of
telegraph or telephone corporations pursuant to Section 7901 of the
Public Utilities Code.
(e) Notwithstanding any other provision of law, 85 percent of
any revenue collected from a lease entered into pursuant to
this section to use property that was acquired with money from a fund
other than the General Fund , including a special fund
established pursuant to Chapter 2 (commencing with Section 16346),
shall be deposited into the fund from which the money was
obtained. Fifteen percent of any revenue collected from a lease
to use property that was acquired with money from a fund other than
the General Fund shall be deposited into the Digital Opportunities
Account in the California Teleconnect Fund Administrative Committee
Fund, to be used for digital opportunity projects pursuant to Section
280.5 of the Public Utilities Code. Money received and
deposited into a fund pursuant to this section shall be available
upon appropriation by the Legislature notwithstanding any other
provision of law.
SEC. 2. Section 280.5 of the Public Utilities Code is
amended to read:
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 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
creating digital opportunities by offering access to existing,
new, and developing communication technologies. Eighty-five percent
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 Opportunities
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
opportunities 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 opportunities pilot projects by the
commission.
(c) (1) The Digital Divide Opportunities
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 Opportunities
Account during the calendar year following implementation, based on
money collected pursuant to Section 14666.8 of the Government Code.
(2) The commission shall , in consultation with the
California Teleconnect Fund Administrative Committee, provide
grants pursuant to this subdivision on a competitive basis subject to
criteria to be established by the California Teleconnect Fund
Administrative Committee and 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 a nonprofit community technology
program, as defined in Section 884, for the purpose of funding
community technology programs in underserved communities .
(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.
(5) The commission shall use moneys from the California
Teleconnect Fund Administrative Committee Fund to administer the
grant program.
(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
opportunities 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 that is available through the Internet
and is relevant to the interests and wants of the local
community.
(3) Preparing youth for opportunities in the new economy through
multimedia training and skills employment
training and skills, including multimedia skills and access to
educational assistance beyond the regular schoolday or school year
.
(4) Harnessing technology for e-government services.
(4) Using technology for access to e-government services and
educational opportunities.
SEC. 3. Section 1 of Chapter 820 of the Statutes of 2003 is
amended to read:
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.
(e) Today, many Americans are using the Internet to conduct daily
activities, including job searches, job training, accessing
e-government services, and educational enhancement.
(f) Raising the level of digital access and opportunities by
increasing the number of Californians using the technology tools of
the digital age is a high priority for the State of California.
(g) Access through the Internet to governmental services and
educational programs can provide a cost-effective method of service
delivery.
(h) Community technology programs prepare Californians for the
digital age and the resulting economic and educational opportunities
that fuel California's economy, and can provide access to
governmental services in a cost-effective manner.