BILL ANALYSIS
SB 909
Page 1
Date of Hearing: September 8, 2005
ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
Lloyd E. Levine, Chair
SB 909 (Escutia) - As Amended: August 18, 2005
AS PROPOSED TO BE AMENDED BY RN 05 20616
SENATE VOTE : Senate vote not relevant.
SUBJECT : Broadband access.
SUMMARY : Creates the California Broadband Access Council which
will develop a broadband access strategy to promote the
ubiquitous use of high-speed internet communications and create
a nonprofit entity to implement the strategy. Specifically,
this bill :
1)Creates the California Broadband Access Council (CBAC) which
consists of 15 members appointed as follows:
a) Eleven members appointed by the Governor.
b) Two members appointed by the Speaker of the
Assembly.
c) Two members appointed by the Senate Committee on
Rules.
2)Provides that the members of the CBAC shall serve without
compensation but may receive reasonable per diem.
3)Provides that the CBAC shall not receive any funds through an
appropriation in the annual Budget Act for any purpose.
4)Requires the CBAC to develop a broadband access strategy to
promote the ubiquitous use of high-speed internet
communications by all Californians. The plan shall recognize
the need for access to computer software and training; the
need to encourage access to low-income, non-English speaking,
rural, and disabled communities; and the need for technology
to help meet the state's goals of economic development, health
care and education.
5)Requires the CBAC to establish a nonprofit entity to implement
a grant program to fund projects consistent with the broadband
access strategy.
SB 909
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6)Provides that the nonprofit entity shall be self-sustaining
and may solicit and receive funds from any source, including
public and private funds.
FISCAL EFFECT : Unknown.
COMMENTS : According to the author, the purpose of this bill is
to help bridge the digital divide in California and promote the
development of high speed communications to improve the delivery
of education, health care, workforce training and government
services.
The concept is to create the CBAC that would develop a statewide
plan on how to assure universal access to high speed
communications and access to the software and education training
that is needed to make effective use of high speed
communications. The CBAC would then create a nonprofit entity
that would implement the plan. The author believes that the
nonprofit will be funded through private grants from technology
companies and community foundations that have an interest in
promoting statewide development of high speed communications.
Make up of the CBAC : The CBAC is composed of 15 members each of
whom must represent a specified community or have a specified
area of expertise. The bill also provides that 11 of the
members be appointed by the Governor, 2 of the members are
appointed by the Speaker, and 2 of the members are appointed by
the Senate Rules Committee. This make up gives the Governor
control of over 70% of the CBAC members. The committee may want
to consider whether giving the Governor such strong functional
control of the CBAC will assure that the intent of the
Legislature in creating CBAC is carried out .
Yet another Commission and plan: Recently the California Public
Utilities Commission (PUC) issued the "Broadband Report" which
looked at the status of broadband deployment in California and
made recommendations on how to better promote the development of
high speed internet access in California. Privately funded
groups like Technet, and the Bay Area Forum have, over the
years, issued reports on broadband deployment. As recently as
this week the ZeroDivide Fellowship policy group issues a
roadmap of recommendations on how to foster broadband deployment
in California. This bill appears to require one more study on
top of the reports already conducted. Additionally, there are a
SB 909
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number of nonprofit organizations in California that already
work toward bridging the digital divide. This committee may
wish to consider why another, state created, nonprofit is need
to help foster ubiquitous broadband deployment .
Is this really only private money : The author's staff has
indicated that the intent of the bill is that neither the CBAC
nor the nonprofit be funded through state funds. The bill
specifically provides that the CBAC shall not receive an
appropriation in the annual budget act. However, the bill does
not contain the same limitation on the nonprofit entity and
instead provides that the nonprofit may receive public funds. To
assure that the intent of the bill is consistent, the committee
and the author may wish to consider amending the bill to provide
that the nonprofit entity also may not receive funds out of the
state budget .
REGISTERED SUPPORT / OPPOSITION :
Support
AeA
Bay Area Video Coalition
California Community Technology Policy Group
California Manufacturing and Technology Association
Google
Technet
Opposition
None on file.
Analysis Prepared by : Edward Randolph / U. & C. / (916)
319-2083