BILL NUMBER: SB 678 CHAPTERED 10/10/99 CHAPTER 676 FILED WITH SECRETARY OF STATE OCTOBER 10, 1999 APPROVED BY GOVERNOR OCTOBER 6, 1999 PASSED THE SENATE SEPTEMBER 9, 1999 PASSED THE ASSEMBLY SEPTEMBER 7, 1999 AMENDED IN ASSEMBLY SEPTEMBER 3, 1999 AMENDED IN ASSEMBLY SEPTEMBER 2, 1999 AMENDED IN ASSEMBLY AUGUST 30, 1999 AMENDED IN ASSEMBLY AUGUST 24, 1999 AMENDED IN ASSEMBLY AUGUST 16, 1999 AMENDED IN ASSEMBLY JULY 8, 1999 AMENDED IN SENATE APRIL 19, 1999 INTRODUCED BY Senator Polanco (Coauthor: Assembly Member Alquist) FEBRUARY 24, 1999 An act to add Section 14666.6 to, and to add and repeal Section 14666.7 of, the Government Code, relating to state property. LEGISLATIVE COUNSEL'S DIGEST SB 678, Polanco. State property: access: telecommunications. Existing law authorizes the Director of General Services, with the approval of the state agency concerned, to grant and convey in the name of the state, easements and rights-of-way across real property belonging to the state not used for highway rights-of-way, for those purposes and upon the consideration and subject to the conditions, limitations, restrictions, and reservations the director determines to be in the interest of the state. Existing law requires all revenue received in connection with the granting and conveying of those easements and rights-of-way, including charges made for administrative costs, to be deposited in the General Fund for appropriation as prescribed. This bill would additionally authorize the director, with the approval of the state agency concerned, to negotiate in the name of the state, access to state-owned property, not used for highway purposes, for those purposes and subject to those conditions, limitations, restrictions, and reservations determined by the director to be in the interest of the state. The bill would require the director to determine the amount of consideration for, and the means of, access. The bill would require the Director of Transportation to similarly negotiate access to state-owned highway rights-of-way and to make similar determinations regarding consideration for access. The bill would require any payments for a grant or conveyance through land or facilities controlled by the Department of Transportation to be deposited in the State Transportation Fund. This bill would require the director to establish, not later than July 1, 2000, an interagency committee on state-owned property for the purpose of evaluating the use of that property for telecommunications and information technology services by private parties. The committee would be chaired by the director and would include the Director of Transportation, the Director of Information Technology, the Director of the Health and Human Services Data Center, the Director of the Teale Data Center, and the Director of Water Resources, or their designees, a representative from the University of California, and a representative from the California State University. The bill would require the committee to convene a telecommunications and information technology advisory council for the purpose of obtaining input and insight from the private sector. The bill would require the committee to prepare and submit a final report to the Legislature and the Governor on or before January 1, 2004. Provisions governing the interagency committee, the telecommunications and information technology advisory council, and the final report would be repealed on January 1, 2005. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 14666.6 is added to the Government Code, to read: 14666.6. (a) With the approval of the state agency concerned, the director shall negotiate in the name of the state, access to state-owned property, not used for highway purposes, for those purposes and subject to those conditions, limitations, restrictions, and reservations determined by the director to be in the best interest of the state. To the extent permitted under existing law, the director shall determine the amount of consideration for, and means of access, which means shall include, but not be limited to, any of the following: lease, permit, or other form of providing a monetary or service consideration for the access. (b) The Director of Transportation shall negotiate in the name of the state, access to state-owned highway rights-of-way, for those purposes and subject to those conditions, limitations, restrictions, and reservations determined by the Director of Transportation to be in the best interest of the state. To the extent permitted under existing law, the Director of Transportation shall determine the amount of consideration for, and means of access, which means shall include, but not be limited to, any of the following: lease, permit, or other form of providing a monetary or service consideration for the access. (c) This section applies to various telecommunications and information technologies, including, but not limited to, voice data, video, and fiber-optic technologies. (d) Any payments received under the provisions of this section for a grant or conveyance through land or facilities controlled by the Department of Transportation, including but not limited to rights-of-way along the state highway system, shall be deposited in the State Transportation Fund. SEC. 2. Section 14666.7 is added to the Government Code to read: 14666.7. (a) The Legislature finds and declares all of the following: (1) The state uses various telecommunications and information technologies, including, but not limited to, voice, data, video, and fiber-optic technologies in delivering public services that provide for the public safety and welfare of all Californians. (2) There is a need to provide strong leadership, effective oversight, and management in order to ensure information access for the people of California. (3) The state owns property, including, but not limited to, buildings, other structures, equipment, and rights-of-way. These resources should be utilized thoroughly and effectively in a manner that maintains public confidence and addresses economic, environmental, educational, and public safety issues. (4) Information technology through telecommunications infrastructure development has been used successfully by other states to strengthen regional economies through increased access to information and by facilitating the efficient delivery of government services. California, as a leader in new technologies, as well as the home of many of the world's leading colleges and universities, is uniquely positioned to capitalize on emerging technologies and economic opportunities. (b) Accordingly, it is the intent of the Legislature in enacting this section to provide ongoing review of the plans and progress for managing state-owned property, and for enhancing the availability of existing and new information technologies and other technologies to people in this state in a nondiscriminatory and competitively neutral manner. (c) The director shall establish not later than July 1, 2000, an interagency committee on state-owned property for the purposes of evaluating the use of that property for telecommunications and information technology services by private parties. (d) The committee shall be chaired by the director and shall include all of the following, or their designees: (1) The Director of Information Technology. (2) The Director of the Health and Human Services Data Center. (3) The Director of the Teale Data Center. (4) The Director of Transportation. (5) The Director of Water Resources. (6) A representative from the University of California. (7) A representative from the California State University. (e) The committee shall convene a telecommunications and information technology advisory council for the purpose of obtaining input and insight from the private sector. (f) Notwithstanding Section 7550.5, the committee shall prepare and submit a final report to the Legislature and the Governor on or before January 1, 2004, regarding its activities, its recommendations to various state agencies, an inventory of the companies that are granted access to state-owned property each year, and the purpose of that access. (g) This section shall remain in effect only until January 1, 2005, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2005, deletes or extends that date.