BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1012
                                                                  Page  1

          Date of Hearing:   May 20, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                AB 1012 (V. Manuel Perez) - As Amended:  May 5, 2009 

          Policy Committee:                               
          UtilitiesVote:14-0

          Urgency:     Yes                  State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill requires the Public Utilities Commission (PUC) to  
          administer monies received by the state, pursuant to the  
          American Recovery and Reinvestment Act (ARRA), for  
          broadband-related activities.  The commission is to meet within  
          30 days of the effective date of this bill to develop a strategy  
          to expedite accessing ARRA funds, and to submit this strategy to  
          the Legislature within 60 days of its first meeting pursuant to  
          these requirements.

           FISCAL EFFECT  

          The PUC anticipates costs of $770,000 for at least two years to  
          administer and monitor ARRA funds received by the state for six  
          full-time positions and part-time legal support.  These  
          administrative costs would presumably be an allowable  
          expenditure of the federal ARRA monies provided to California.

           COMMENTS  

           1)Purpose  .  According to the author's office, this bill is  
            intended to ensure that California is proactively engaged in  
            new federal broadband programs and able to secure the state's  
            fair share of ARRA funding for the development and/or  
            expansion of broadband infrastructure.  Since all grant awards  
            are to be made by the end of September 30, 2010, and grants  
            are to be completed within two years of their approval, the  
            strategy required in this bill should be developed as soon as  
            possible, thus the bill includes an urgency clause.  In  
            designating the PUC as the state agency to access and  
            administer ARRA broadband funds, the bill is consistent with a  








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            recommendation of the Legislative Analyst's Office in its  
            March report on the ARRA.

           2)ARRA Broadband Funding  :  The $787 billion ARRA includes two  
            sources of broadband funding:

             a)   The Broadband Technology Opportunities Program (BTOP)  
               provides $4.4 billion in competitive grants, and contains  
               several set-asides, including $250 million for innovative  
               programs to encourage sustainable development of broadband  
               services, $200 million to upgrade technology and capacity  
               at public computing centers, and $350 million for to  
               support efforts to ensure access to affordable broadband.   
               Priority for grants is given to states that can provide  
               matching funds and there must be a single, centralized  
               agency that applies on behalf of all grant recipients under  
               this program. 

             b)   The Distance Learning, Telemedicine, and Broadband  
               Program is a $2.5 billion competitive grant program aimed  
               at building broadband infrastructure in rural areas that do  
               not have sufficient access to high-speed broadband service.  
                Priority for grants is given to projects that will deliver  
               end-users a choice of more than one service provider and  
               provide service to the highest proportion of rural  
               residents that do not have access to broadband.

           3)Existing State Broadband Programs  .  Two existing programs that  
            are tasked with advancing broadband in California: 

             a)   The California Advanced Service Fund (CASF) is a  
               two-year program administered by the PUC and authorized by  
               SB 1193 (Padilla)/Chapter 393 of 2008. CASF provides grants  
               to telephone corporations to provide broadband services to  
               areas currently lacking such and to build out facilities in  
               underserved areas if funds are still available.  Funding is  
               generated by an end-user surcharge billed and collected by  
               telecommunications carriers.  The total CASF allocation is  
               $100 million, and the program has already allocated over $9  
               million in broadband infrastructure grants.

             b)   The California Emerging Technology Fund (CETF) is a  
               non-profit corporation established pursuant to requirements  
               from the PUC in approving the mergers of SBC-AT&T and  
               Verizon-MCI. The merged companies were required to  








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               contribute a total of $60 million over 5 years to advance  
               broadband.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081