Bill Text: CA AB2641 | 2021-2022 | Regular Session | Amended

California Assembly Bill 2641 (Prior Session Legislation)

Bill Title: California Emerging Technology Fund: focus and funding priorities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-04-25 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2641 Detail]

Download: California-2021-AB2641-Amended.html

Amended IN Assembly March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2641

Introduced by Assembly Member Gipson

February 18, 2022

~~An act to amend Section 884 of the Public Utilities Code, relating to telecommunications.~~ An act to add Section 286 to the Public Utilities Code, relating to telecommunications.

LEGISLATIVE COUNSEL'S DIGEST

AB 2641, as amended, Gipson. ~~Broadband services.~~ California Emerging Technology Fund: focus and funding priorities.

Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including telephone corporations. Existing law requires the commission to develop, implement, and administer the California Advanced Services Fund to encourage deployment of high-quality advanced communications services to all Californians. Existing law provides that the goal of the Broadband Infrastructure Grant Account is to, no later than December 31, 2032, approve funding for infrastructure projects that will provide broadband access to no less than 98% of California households, as provided. The California Emerging Technology Fund (CETF) was established as a nonprofit corporation pursuant to orders from the commission, for the purpose of achieving ubiquitous access to broadband and advanced services in California, particularly in underserved communities, through the use of emerging technologies by 2010.
This bill would require the commission to revise the focus of the CETF to focus on closing the digital divide, promoting digital inclusion, and achieving digital equity by assisting nonprofit community-based organizations that provide services to help low-income residents find a pathway out of poverty, including through access to the internet and proficiency in digital literacy skills. The bill would require the commission to require the CETF to prioritize funding to nonprofit community-based organizations that provide one or more specified services and that reach the highest number of low-income residents, as specified.
Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because the provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing the bill’s requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law creates the California Teleconnect Fund Administrative Committee Fund in the State Treasury, requires that moneys from the fund be expended only upon appropriation in the annual Budget Act or upon supplemental appropriation, and requires that the moneys appropriated be used exclusively by the Public Utilities Commission for authorized teleconnect programs. Existing law authorizes the commission to expend up to $2,000,000 of the unencumbered amount of moneys in that fund for the nonrecurring installation costs for high-speed broadband services for community organizations that are eligible for discounted rates, as specified. Existing law declares the intent of the Legislature that any program administered by the commission that addresses the inequality of access to high-speed broadband services by providing those services to schools and libraries at a discounted price provide comparable discounts to a nonprofit community technology program.
~~This bill would make nonsubstantive changes to the provisions declaring this intent and defining terms for those purposes.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES

The people of the State of California do enact as follows:

SECTION 1.

Section 286 is added to the Public Utilities Code, to read:

286.
(a) The commission shall revise the focus of the California Emerging Technology Fund (CETF) to focus on closing the digital divide, promoting digital inclusion, and achieving digital equity by assisting nonprofit community-based organizations that provide services to help low-income residents find a pathway out of poverty, including through access to the internet and proficiency in digital literacy skills.
(b) The commission shall require the CETF to prioritize funding to nonprofit community-based organizations that provide one or more of the following services:
(1) Informs customers about available affordable high-speed home internet service, including the Affordable Connectivity Program through the Federal Communications Commission.
(2) Assists customers with digital literacy skills proficiency, either by directly providing digital literacy training, or by collaborating with one or more organizations with experience in providing digital literacy training.
(3) Conducts outreach regarding available affordable high-speed home internet service and provides referrals for assistance in digital literacy training and signing up for affordable high-speed home internet service in a variety of languages and to a variety of cultures.
(c) The commission shall require the CETF to prioritize funding to nonprofit community-based organizations that reach the highest number of low-income residents, with special attention to nonprofit community-based organizations that are the only organization, or are among a small number of organizations, serving a particular low-income community.
(d) The commission shall prohibit the CETF from placing a size limitation on nonprofit community-based organizations that may receive funding.
(e) The commission shall require the CETF to only fund a nonprofit community-based organization if the operations of the organization are consistent with the priorities of this section to close the digital divide, promote digital inclusion, and achieve digital equity.

SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SECTION 1.Section 884 of the Public Utilities Code is amended to read:
884.
(a)It is the intent of the Legislature that any program administered by the commission that addresses the inequality of access to high-speed broadband services by providing those services to schools and libraries at a discounted price provide comparable discounts to a nonprofit community technology program.
(b)Notwithstanding any other law or existing program of the commission, but consistent with the purposes for which those funds were appropriated from the California Teleconnect Fund Administrative Committee Fund in Item 8660-001-0493 of Section 2.00 of the Budget Act of 2003 (Chapter 157 of the Statutes of 2003), and reappropriated in Item 8660-491 of Section 2.00 of the Budget Act of 2006 (Chapter 47 of the Statutes of 2006), the commission may expend up to two million dollars ($2,000,000) of the unencumbered amount of those funds for the nonrecurring installation costs for high-speed broadband services for community organizations that are eligible for discounted rates pursuant to Section 280.
~~(c)For purposes of this section, the following terms have the following meanings:~~
~~(1)“High-speed broadband services” means a system for the digital transmission of information over the internet at a speed of at least 384 kilobits per second.~~
(2)“Nonprofit community technology program” means a community-based nonprofit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and engages in diffusing technology into local communities and training local communities that have no access to, or have limited access to, the internet and advanced telecommunications technologies.