BILL ANALYSIS                                                                                                                                                                                                              1
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                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                               DEBRA BOWEN, CHAIRWOMAN
          

          AB 219 -  Utilities and Commerce Committee        Hearing Date:   
          April 24, 2001                       A            
          As Proposed To Be Amended                         FISCAL/URGENCY  
                B

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                                      DESCRIPTION
           
           Current law  establishes several programs to assist the deaf and  
          hearing impaired use the telephone.  These programs include  
          providing telecommunications devices, funding a dual-party relay  
          service, and equipping telephones in public places with proper  
          equipment.  Funding for these programs, which is limited to 0.5%  
          of all in-state telephone bills, sunseted on January 1, 2001.

           This bill  extends that sunset for five years.

          The author will also offer amendments in committee which permit  
          these programs to be funded from other existing  
          telecommunications programs on a temporary basis.

                                      BACKGROUND
           
          The roots of the programs to help the deaf and hearing impaired  
          use the telephone go back to 1979 when legislation required the  
          California Public Utilities Commission (CPUC) to implement a  
          program to distribute specialized telecommunications equipment  
          to deaf individuals.  In 1983, legislation required a statewide  
          dual-party relay service which permits deaf and hearing impaired  
          individuals to communicate with others via an operator,  
          predating the federal requirement for such a program by seven  
          years.  In 1999, the programs in this bill allowed over 400,000  
          Californians to use specialized telephone devices and carried  
          over seven million telephone calls through the dual-party relay  
          service at a cost of $43 million.

          AB 2757 (Committee on Utilities & Commerce), which would have  











          extended the surcharge much as this bill proposes to do, was  
          passed by the Senate last year 32-0 and by the Assembly 73-3.   
          However, the bill was vetoed by the Governor due to provisions  
          unrelated to the surcharge extension.

          Though the authority to impose the surcharge has sunset, the  
          requirements of the program have not.  To date, the expenses of  
          the program have been paid from program reserve funds, which are  
          expected to be exhausted by July 2001. 

          Should the authority to impose the surcharge be restored, the  
          surcharge can only apply prospectively.  Given the lag in  
          billing and the lag between rendering the bill and receiving  
          cash, even if this bill is enacted at the end of May, cash  
          probably won't flow into the fund until August.  It's for that  
          reason that the author is proposing to amend the bill to permit  
          the program to borrow funds to continue its mission  
          uninterrupted.




































                                       COMMENTS
           
           Author's Amendments  .  The author will propose the following  
          amendments in committee which permit this fund to borrow funds  
          from another, larger telecommunications fund administered by the  
          CPUC:

               Notwithstanding subdivision (c) of Section 270 and  
               subdivision (c) of Section 276, the commission may  
               authorize the trustor of the California High-Cost  
               Fund-B Trust to lend to the Deaf Equipment Acquisition  
               Fund Trust moneys sufficient to cover the costs of the  
               program as specified in subdivision (a) of Section  
               278, including all costs specified in subdivision (c)  
               of Section 278.  The amount of any loan(s) authorized  
               shall not exceed the cost of operating the program for  
               six months.  The authorized loan(s) to the DEAF Trust  
               shall be repaid with interest, as determined by the  
               commission, to the California High-Cost Fund-B Trust  
               from moneys received from the surcharge authorized in  
               subsection (d) of this section.  The commission shall  
               also establish other terms of the loan.  The trustor's  
               authorization to lend to the DEAF Trust shall be in  
               effect until January 1, 2002.   

          These amendments limit the borrowing to six months of operating  
          costs and require the funds to be repaid with interest.  The  
          authority for borrowing will terminate at the end of this year.
                                           
                                   ASSEMBLY VOTES
           
          Assembly Floor                               (73-1)
          Assembly Appropriations Committee            (16-0)
          Assembly Utilities & Commerce Committee      (15-0)


                                       POSITIONS
           
           Sponsor:
           
          Author

           Support:
           










          California Self Help for Hard of Hearing People
          California Speech-Language-Hearing Association

           Oppose:
           
          None on file

          
          Randy Chinn 
          AB 219 Analysis
          Hearing Date:  April 24, 2001