BILL NUMBER: AB 1131	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lara

                        FEBRUARY 18, 2011

   An act to amend Section 14666.8 of the Government Code, relating
to telecommunications.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1131, as introduced, Lara. Telecommunications: location of
mobile telephony service facilities on state-owned real property.
   Existing law requires the Director of General Services to compile
and maintain an inventory of state-owned real property, excluding
certain property, that may be available for lease to providers of
wireless telecommunications services for location of wireless
telecommunications facilities, and to provide a requesting party,
upon payment of any applicable fee, with a copy of the inventory.
   This bill would make a technical, nonsubstantive revision to that
requirement.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  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 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 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 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, 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) 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.