BILL ANALYSIS
AB 2172
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Date of Hearing: March 22, 2003
ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
Sarah Reyes, Chair
AB 2172 (Levine) - As Introduced: February 18, 2004
SUBJECT : Telecommunications: Lease of state property for
wireless facilities.
SUMMARY : Requires that all lease revenues generated from the
use of wireless telecommunication facilities on state owned land
that was purchased with funds from a continuously appropriated
special fund will be deposited into that special fund.
EXISTING LAW :
1) Authorizes the Director of the Department of General
Services (DGS) to negotiate and enter into a lease of
state owned property to site telecommunications
facilities.
2) Provides that 85% of any revenue generated from a
lease of state property under the above provision shall
be deposited in the general fund or into the special fund
from which the property was obtained.
3) Provides that 15% of any revenue generated from a
lease of state property under the above provision may be,
upon appropriated from Legislature, deposited in the
Digital Divide Account within the California Teleconnect
Fund to provide grants to community based non-profit
organizations that provide access to technology and
training in the use of technology.
FISCAL EFFECT : Unknown.
COMMENTS : Last session the Legislature approved and the
Governor signed AB 855 (Firebaugh & Levine) which required the
Director of DGS to compile an inventory of state owned land that
could be used to site cell phone equipment and authorized the
Director of DGS to negotiate leases with cell phone service
providers to site cell phone equipment on available state land.
Additionally, AB 855 provided that 15% of the money generated
AB 2172
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from such leases shall be available, upon appropriation by the
Legislature, to the Digital Divide Account within the California
Teleconnect Fund Administrative Committee Fund. The Public
Utilities Commission (PUC) may award grants from the Digital
Divide Account on a competitive basis to non-profit
organizations for community technology training programs. The
remaining 85% of revenue generated from the lease of state land
is appropriated to the general fund, unless the land was
initially purchased with money from a continuously appropriated
special fund. In that case, the remaining 85% of the revenue
would be appropriated back to the special fund.
In signing AB 855, Governor Davis issued a signing message
asking that the authors pursue clean up legislation. The
legislation was to clarify: "1) DGS will not enter into a lease
of state property without the approval of the state entity that
has control over the property; and 2) that if a wireless
telecommunication facility is sited on land purchased with money
from a continuously appropriated special fund, all revenue
generated from the lease shall be deposited into that special
fund."
This bill address the second issue addressed in Governor Davis'
signing message by assuring that 100% of the revenue from land
purchased with money from a continuously appropriated special
fund will be returned to the special fund, instead to of the 85%
of revenue dictated by AB 855.
Technical Amendments
This bill places the language implementing Governor Davis'
request in a code section controlling how moneys in the
California Teleconnect Fund shall be expended. For clarity, the
language should instead be placed in the code section
controlling how money collected from the lease of state property
for the use of wireless telecommunication facilities are
appropriated.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
AB 2172
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None on file
Analysis Prepared by : Edward Randolph / U. & C. / (916)
319-2083