BILL NUMBER: AB 1131	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2011

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 amended, Lara. Telecommunications: location of mobile
telephony service facilities on state-owned real  property.
  property: reporting requirements. 
   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.
 Existing law also authorizes the director to negotiate and enter
into an agreement to lease department-managed and state-owned real
property to a provider of wireless telecommunications services for
location of its facilities.  
   This bill would make a technical, nonsubstantive revision to that
requirement.  
   This bill would require the director to submit to the Legislature,
by March 31, 3012, a report on actions taken by the director
regarding the above provisions. The bill would require the report to
include recommendations on how the above provisions can be improved
to better effectuate its purposes. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . 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 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) (1) No later than March 31, 2012, the director shall submit a
report to the Legislature on the status of actions taken by the
director pursuant to this section. The report shall include, but not
be limited to, recommendations on how the provisions of this section
can be improved to better effectuate its purposes.  
   (2) The requirement for submitting a report imposed under 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 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.