Today's Law As Amended

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AB-1131 Telecommunications: location of mobile telephony service facilities on state-owned real property: reporting requirements.(2011-2012)

As Amends the Law Today


 Section 14666.8 of the Government Code is amended to read:

 (a) The director shall, within 120 days of the operative date of this section,  shall  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, property owned or managed by the High-Speed Rail Authority,  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 shall  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 collocation colocation  of their facilities on state-owned real property. If an application for a proposed wireless facility lease agreement is rejected by a state agency that has control over the property, the director shall identify an alternative site that will provide reasonable access and accommodation that will meet the needs of the applicant. If a wireless facility lease agreement is rejected, the state agency shall notify the director and provide a reasonable explanation for the denial. The director shall collaborate with the state agency to resolve any issues that resulted in the state agency rejecting the proposed wireless facility lease agreement. The director shall encourage the state agency to identify maximum opportunities for placement of wireless facilities on state-owned property. 
(5) Not require, as a prerequisite of a wireless facility lease agreement, that local permits are in place prior to negotiating a lease agreement with the state.
(d) (1) No later than January 31, 2012, the director shall submit a report to the Legislature on the status of actions taken by the director pursuant to this section, including the number of wireless facility lease agreements for, and the revenue generated from, state-owned real property that have been entered into with providers of wireless telecommunications services pursuant to this section and all moneys deposited into the Digital Divide Account pursuant to Section 280.5 of the Public Utilities Code.
(2) The requirement for submitting a report imposed pursuant to this subdivision is inoperative on March 31, 2017, pursuant to Section 10231.5.
(3) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.
(d) (e)  Nothing in this section alters This section does not alter  any existing rights of telegraph or telephone corporations pursuant to Section 7901 of the Public Utilities Code.
(e) (f)  Notwithstanding any other provision of  law, 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 shall be deposited into the fund from which the money was obtained. 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.
(f) (g)  Before making any state-owned real property that is part of the State Water Resources Development System, as described in Section 12931 of the Water Code, available for leasing under this section, the director shall consult with the Department of Water Resources as to whether the proposed location of a wireless telecommunication facility is technically, legally, environmentally, and economically feasible for wireless telecommunication purposes.