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 AB 1012 Page 2 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 AB 1012 Page 3 contribute a total of $60 million over 5 years to advance broadband. Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081