Today's Law As Amended


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AB-2172 Telecommunications: lease of state property for wireless facilities: Digital Opportunities Account in the California Teleconnect Fund Administrative Committee Fund.(2003-2004)



As Amends the Law Today


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, 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. The director may only negotiate and enter into an agreement to lease real property to a provider of wireless telecommunications services for location of facilities on real property that is a part of the State Water Resources Development System, with the written approval of the Department of Water Resources. The director may only negotiate and enter into an agreement to lease real property to a provider of wireless telecommunications services for location of facilities on real property that is a part of the Sacramento River and San Joaquin River flood control system, with the written approval of the Reclamation Board. The director shall charge an application fee sufficient to reimburse the Department of Water Resources and the Reclamation Board for their costs for review and analysis of proposed encroachments that are incurred pursuant to a request of a provider of wireless telecommunications services.  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 collocation 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  section, including a special fund established pursuant to Chapter 2 (commencing with Section 16346), but excluding a lease on real property that is a part of the State Water Resources Development System,  shall be deposited into the fund from which the money was obtained. Money received and deposited into a fund  Fifteen percent of any revenue collected from a lease entered into  pursuant to this section shall be available upon appropriation by the Legislature, notwithstanding any other provision of law. section, excluding any revenues from a lease on real property that is a part of the State Water Resources Development System, 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. If a wireless telecommunications facility or other facility is sited on real property acquired with funds from the Water Resources Development System, all revenue generated from any lease or other real property transaction shall be deposited into the appropriate State Water Resources Development Bond fund. 
(f) 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.

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 or a lease agreement 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.
(b) (a)  Revenues described in subdivision (a) shall be deposited in the Digital Divide Account, which  The Digital Opportunities Account  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) this account,  may be used to pay the costs incurred in connection with the administration of digital divide opportunities  pilot projects by the commission.
(c) (b)  (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  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  nonprofit community technology programs, as defined in Section 884,  for the purpose of funding community technology programs. 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 may use moneys from the California Teleconnect Fund Administrative Committee Fund to administer the grant program. Any revenues used from this fund for administration shall count against the 5-percent limitation in subdivision (a).
(d) (c)  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) (d)  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 Using  technology for e-government services. 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 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.
(i) The State Water Resources Development System serves a critical state infrastructure function in providing for the conservation, development, distribution, and utilization of water, with the incidental generation of electricity, as well as other public benefits. The State Water Resources Development System was constructed and is operated and maintained primarily on real property acquired by the Department of Water Resources.
(j) Revenue derived from the sale or lease of real property that was acquired for the State Water Resources Development System is required to be deposited into the appropriate State Water Resources Development Bond fund (Section 11595 of the Water Code) and the California Water Resources Development Bond Act (Section 12937 of the Water Code).
(k) The flood control system for the Sacramento River and San Joaquin River watersheds, as authorized in Article 2 (commencing with Section 12648) of Chapter 2 of Part 6 of Division 6 of the Water Code, serves a critical state infrastructure function for flood management. This flood control system was constructed primarily on real property acquired by the Sacramento and San Joaquin Drainage District, acting by and through the State Reclamation Board.
(l) It is in the public interest to control, manage, and minimize any adverse encroachments that may affect the State Water Resources Development System and the Sacramento River and San Joaquin River flood control system in order to avoid impacts on public health and safety. These critical infrastructure systems deserve unique treatment to protect the beneficiaries of these systems and the state’s financial investment in these systems.