BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1040
                                                                  Page  1


          SENATE THIRD READING
          SB 1040 (Padilla)
          As Amended  August 16, 2010
          2/3 vote.  Urgency 

           SENATE VOTE  :33-0  
           
           UTILITIES & COMMERCE            9-3                  
          APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Buchanan, Carter, Fong,   |Ayes:|Fuentes, Bradford,        |
          |     |Furutani, Huffman, Ma,    |     |Huffman, Coto, Davis, De  |
          |     |Skinner, Swanson,         |     |Leon, Gatto, Hall,        |
          |     |Bradford                  |     |Skinner, Solorio,         |
          |     |                          |     |Torlakson, Torrico        |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Knight, Fuller, Villines  |Nays:|Conway, Harkey, Miller,   |
          |     |                          |     |Nielsen, Norby            |
           ----------------------------------------------------------------- 

           SUMMARY  :   Authorizes telecommunications carriers to collect an  
          additional $125 million for the California Advanced Services  
          Fund (CASF) to encourage deployment of advanced communications  
          services in California.  

           EXISTING LAW  requires the California Public Utilities Commission  
          (PUC) to develop and administer CASF to encourage deployment of  
          high-quality advanced communications services, sunsets January  
          1, 2013, and restricts the collection of funds for CASF to not  
          more than $100 million.

          FISCAL EFFECT  :

          1)Up to $125 million in additional special fund program  
            expenditures over six years and possibly longer.

          2)Administrative costs to PUC will be as follows:  

             a)   Current annual costs of $175,000 for 2.0 positions will  
               be extended at least five more years; 

             b)   One-time costs of $110,000 for 1.0 position in 2011-12  








                                                                  SB 1040
                                                                  Page  2


               associated with a rule-making for the consortia grant  
               program and the revolving loan program; and,

             c)   Ongoing costs of $350,000 beginning in 2011-12 and  
               continuing for at least five years for 3.0 positions  
               associated with the new grant and loan programs.

           COMMENTS  :   In 2007, PUC created CASF to help promote the  
          deployment of broadband infrastructure in unserved areas of the  
          state.  As part of the decision, PUC required telephone  
          corporations to assess a surcharge on telephone ratepayers to  
          fund the program.  When the Legislature found that the PUC was  
          assessing the surcharge without statutory authority, it passed  
          SB 1193 (Padilla) Chapter 393, Statutes of 2008, to provide that  
          authority.  However, SB 1193 restricted collection to not more  
          than $100 million and sunset the provision on January 31, 2013.   


          The PUC has only awarded $54 million from the first $100  
          million.  SB 1193 required PUC to conduct both a financial audit  
          and a performance audit of the implementation and effectiveness  
          of CASF to ensure that moneys have been appropriately expended  
          in accordance with bidding procedures and programmatic  
          parameters.  PUC is required to report its findings to the  
          Legislature by April 1, 2011.   


           Analysis Prepared by  :    Gina Adams / U. & C. / (916) 319-2083 



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