BILL ANALYSIS Ó SENATE COMMITTEE ON ENERGY, UTILITIES AND COMMUNICATIONS Senator Ben Hueso, Chair 2015 - 2016 Regular Bill No: SB 745 Hearing Date: 1/13/2016 ----------------------------------------------------------------- |Author: |Hueso | |-----------+-----------------------------------------------------| |Version: |1/4/2016 Amended | ----------------------------------------------------------------- ------------------------------------------------------------------ |Urgency: |No |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant:|Nidia Bautista | | | | ----------------------------------------------------------------- SUBJECT: Telecommunications: universal service: California Advanced Services Fund DIGEST: This bill requires the California Public Utilities Commission (CPUC) to provide additional information in its annual report to the Legislature of the California Advanced Services Fund (CASF), including county-level data and efforts to leverage other resources. This bill also provides for the explicit inclusion of workforce organization representatives in regional consortia. ANALYSIS: Existing law: 1)Establishes the CASF as one of several California universal service program funds established in the State Treasury. (Public Utilities Code §270) 2)Requires the CPUC to develop, implement, and administer the CASF program to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation and substantial social benefits of advanced information and communications technologies. (Public Utilities Code §281) 3)Establishes the goal of the CASF program to approve funding for infrastructure projects that will provide broadband access to no less than 98% of Californians. (Public Utilities Code §281) SB 745 (Hueso) Page 2 of ? 4)Requires the CPUC to establish four accounts within CASF program, including the Broadband Infrastructure Grant Account, the Rural and Urban Regional Broadband Consortia Grant Account, the Broadband Infrastructure Revolving Loan Account, and the Broadband Public Housing Account. (Public Utilities Code §281) 5)Requires that monies collected in the Rural and Urban Regional Broadband Consortia Grant Account are available to eligible consortia to fund the costs of broadband deployment activities other than capital costs of the facilities and identifies eligible members and representatives who can participate in the consortium. (Public Utilities Code §281) 6)Requires the CPUC to submit a report to the Legislature by January 1 of each year with specified information about CASF activities and efforts. (Public Utilities Code §914.7) This bill: 1)Requires the CPUC to include additional information in its annual report to the Legislature on the status of the CASF, specifically detailed information by county and efforts to leverage funds from non-CASF funding. 2)Explicitly includes representatives from workforce organizations and air quality agencies as eligible members of eligible broadband regional consortium. Background In 2007, the CPUC established the CASF which was subsequently codified in law by SB 1193 (Padilla, Chapter 393, Statutes of 2008) as a new universal service program to encourage deployment of broadband services to all Californians that will promote economic growth, job creation, and substantial social benefits of advanced information and communications technologies. The CASF provides grants to bridge the "digital divide" in unserved and underserved areas in the state. CASF is funded by a surcharge rate on revenues collected by telecommunications carriers from end-users of intrastate services. With initial authorized funding of $100 million, the CASF supports projects that will 1) provide broadband services to "unserved" areas that are currently without broadband access SB 745 (Hueso) Page 3 of ? and 2) build out facilities in "underserved" areas. An "unserved" area is an area that is not served by any form of wireline or wireless facilities-based broadband, such that internet connectivity is available only through dial-up service. An "underserved" area is an area where broadband is available, but no wireline or wireless facilities-based provider offers service at advertised data transfer speeds of at least six megabits per second download and 1.5 megabits per second upload. Statute requires the CPUC to prioritize CASF investments to unserved areas, followed by underserved areas. SB 1040 (Padilla, Chapter 317, Statutes of 2010) extended CASF indefinitely, established subaccounts within CASF, and increased CASF funding to $225 million. SB 740 (Padilla, Chapter 522, Statutes of 2013) authorized an additional $90 million funding for a CASF grant subaccount. Currently, the CASF program has a total authorized funding of $315 million to be collected in surcharges through the year 2020. California statute requires the CPUC to provide an annual report to the legislature on the status of CASF activities and efforts. The statute requires the report to include information about the amount of funds expended in the previous year, to list the recipients of the funds, the geographic regions of the state affected/benefited by the funds, actual broadband adoption levels and other information. This bill requires the CPUC to include more detailed information to understand broadband deployment by county. While some county-level information is included in the report, including some information about projects funded, the information included is not uniformly displayed at the county level. The most recent annual report by the CPUC, published in April 2015, noted the importance of leveraging non-CASF resources. According to the report: "regional consortia leaders have identified a strong need for CASF project development and grant preparation assistance, including technical consultation and partnership facilitation between regional stakeholders." This bill requires the CPUC to include in the annual report to the legislature specific efforts of the CASF Program to leverage non-CASF resources as it embarks on exploring expanded roles and analysis to leverage resources and support projects where broadband gaps exist. While these efforts have only recently begun, it will be important for the legislature to understand what is being explored and any resulting challenges and opportunities. SB 745 (Hueso) Page 4 of ? Prior/Related Legislation SB 1193 (Padilla, Chapter 393, Statutes of 2008) codified CASF as a new universal service program in the Public Utilities Code to encourage the deployment of broadband. SB 1040 (Padilla, Chapter 317, Statutes of 2010) extended CASF indefinitely and expanded it to include three accounts: 1) Broadband Infrastructure Grant Account, 2) Broadband Infrastructure Revolving Loan Account, and 3) Rural and Urban Regional Broadband Consortia Grant Account. The bill also increased CASF funding to $225 million ($100 million additional for the Infrastructure Grant Account, $15 million to the Revolving Loan Account, and $10 million to the Consortia Grant Account). FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No SUPPORT: None received OPPOSITION: None received ARGUMENTS IN SUPPORT: Addressing the digital divide is imperative to ensuring all Californians have full and equal access to the economic, educational, social, and health opportunities available on the internet, now a primary mechanism for many of society's activities. Improved broadband access and availability is an important strategy in the state's efforts bridge the divide, and the CASF program is key component of the strategy. Improving the information available to policymakers about the efforts and activities of the CASF program will help to further our efforts to improve access for more Californians. More detailed information at the county-level and information about efforts to leverage non-CASF resources will be beneficial to inform policymakers as to the existing challenges and opportunities. SB 745 (Hueso) Page 5 of ? -- END --