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

          AB 1723 -  Utilities & Commerce Com.         Hearing Date:  July  
          10, 2001                                            A
          As Amended:  July 9, 2001               FISCAL           B

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                                      DESCRIPTION
           
           Current law  authorizes the California State Library to provide  
          toll-free telephone services to print disabled persons who are  
          unable to read due to visual impairments, dyslexia, or  
          orthopedic disabilities that prevent them from handling books,  
          turning pages etc. in order to give those people direct access  
          to library services.

           Current law  authorizes the California Public Utilities  
          Commission (CPUC) to impose a surcharge on each telephone bill  
          to fund the California Teleconnect Fund (CTF) for the purpose of  
          providing telephone lines and discounted telecommunications  
          services to qualifying schools, libraries, hospitals, and  
          community-based organizations.  The surcharge set by the CPUC is  
          currently set at 0.185% of each telephone bill and is adjusted  
          annually by the CPUC, depending on how many organizations are  
          eligible to receive funding.  

           This bill  establishes the Kevin Starr Access to Information Act  
          of 2001 and authorizes the State Librarian to provide toll-free  
          access throughout California to telephonic reading systems for  
          people with print disabilities.

           This bill  authorizes the State Librarian to operate a telephonic  
          reading system itself and/or to fund the operation of a  
          telephonic reading systems operated by qualifying entities.

           This bill  authorizes the State Librarian, in cooperation with  
          qualifying entities, to expand the type and scope of materials  
          available on telephonic reading systems to meet the local,  











          regional, or foreign language needs of people with print  
          disabilities.

           This bill  authorizes the State Librarian to conduct outreach  
          efforts, including direct mailings, telephone contact, and  
          public service announcements, to inform people about the  
          availability of telephonic reading services.

           This bill  defines "telephonic reading system"  to mean a system  
          whereby a caller can hear the reading of materials such as  
          newspapers, magazines, newsletters, broadcast media schedules,  
          transit route and schedule information, and other reference or  
          time sensitive materials.

           This bill  defines "qualifying entity" to mean any agency,  
          instrumentality, or political subdivision of the state or any  
          nonprofit organization whose primary mission is to provide  
          services to people who are blind or visually impaired.

           This bill  specifies that qualifying entities that were eligible,  
          as of January 1, 2001, to receive funding from the State  
          Librarian for the operation of a telephonic reading system may  
          continue to receive funding from the State Librarian.

           This bill  authorizes $2 million to be appropriated from the CTF  
          to the California State Library, on or before July 1, 2002, for  
          the purpose of establishing and implementing telephonic reading  
          centers in Los Angeles, San Diego, Fresno, San Francisco, and  
          Sacramento.  The bill specifies that any funds not encumbered on  
          or before July 1, 2002, must revert to the CTF.  
           
                                      BACKGROUND
           
          The CTF provides approximately $50 million per year of  
          discounted telecommunications services to schools, libraries,  
          hospitals, and community-based organizations, paid for by every  
          California telephone customer via a 0.185% surcharge on their  
          bill.  Qualifying organizations receive a 50% discount off the  
          best rate they can negotiate from competing telecommunication  
          providers.  Many schools use the funding to establish Internet  
          access for students in the classroom.

          The California State Library is California's agency for the  
          National Library Service of the Library of Congress, which  










          provides recorded library materials to people with reading  
          disabilities in the United States.  Today, seven California  
          centers - two in Sacramento, two in Los Angeles, and one each in  
          San Diego, San Francisco and Fresno - serve an estimated 47,819  
          print disabled Californians.  

          Telephonic reading systems are computerized systems that let  
          people listen to newspapers, transit schedules and other printed  
          materials, which are read either by a recorded human voice or a  
          computer generated voice, depending on the system.  Users are  
          given a password and an access code to enter the system and  
          select from a variety of reading materials. 

          In California, there are two different types of telephonic  
          reading systems - Newsline for the Blind (which is used in  
          Sacramento, Los Angeles, San Diego, San Francisco and Fresno)  
          and Telephone Reader (which is used at separate sites in  
          Sacramento and Los Angeles).  The Newsline for the Blind system  
          allows callers to have any newspaper they choose read to them by  
          a synthesized computer voice.  Newsline is a 24-line system and  
          is accessible 24 hours a day.  The Telephone Reader system uses  
          human voice recordings and local newspapers provide digital  
          files of the entire contents of current day that are  
          computer-ready for application to the system.  The Telephone  
          Reader system is under the full control of the telephonic  
          reading site operator who determines what material will be  
          recorded manually and the centers rely on volunteer readers to  
          record these materials.

          The seven existing programs received federal funding through  
          September 30, 2000.  State funding was made available for these  
          sites for October 1, 2000, through September 30, 2001, through a  
          $245,000 General Fund appropriation in the 2000-01 State Budget,  
          which represents one year of operational costs for the seven  
          centers as follows: 
          
           ----------------------------------------------------------- 
          |Site                |Service            |Annual Operating  |
          |                    |                   |Cost              |
          |--------------------+-------------------+------------------|
          |Sacramento          |Newsline           |           $25,000|
          |--------------------+-------------------+------------------|
          |Sacramento          |Telephone Reader   |           $60,000|
          |--------------------+-------------------+------------------|










          |San Francisco       |Newsline           |           $25,000|
          |--------------------+-------------------+------------------|
          |Fresno              |Newsline           |           $25,000|
          |--------------------+-------------------+------------------|
          |Los Angeles         |Newsline           |           $25,000|
          |--------------------+-------------------+------------------|
          |Los Angeles         |Telephone Reader   |           $60,000|
          |--------------------+-------------------+------------------|
          |San Diego           |Newsline           |           $25,000|
          |--------------------+-------------------+------------------|
          |Total               |                   |$245,000          |
           ----------------------------------------------------------- 
          
          The seven telephonic reading centers in California are located  
          in densely populated areas which make these materials readily  
          available to many users who live in the estimated 12-mile local  
          calling area radius.  People who use these systems are literally  
          being read a newspaper over the telephone, meaning calls can  
          last up to an hour.  For those who live outside the local  
          calling area, the long-distance telephone costs to have a  
          newspaper read to them could be prohibitive - even at 7 cents  
          per minute, an hour-long call would cost a person $4.20.  For  
          this reason, the current system isn't used often by people who  
          would have to make a long-distance call in order to have a  
          newspaper read to them. 

          This bill authorizes the State Librarian to establish and  
          operate a new toll-free access line, which would allow people  
          with print disabilities who don't live near a telephonic reading  
          center to call from their homes without paying long-distance  
          telephone charges.  According the State Library, the estimated  
          annual cost for statewide toll-free telephone service to  
          telephonic reading centers under this bill would be in the range  
          of $492,000 to $830,000.  (Estimated one-time costs for  
          establishing the toll-free access line are nominal.)

          Finally, the bill authorizes the State Librarian to establish  
          and operate new telephonic reading centers.  According to the  
          State Library, the costs for establishing a new center are as  
          follows:

          
           ----------------------------------------------------------- 
          |One-Time Set Up     |     Newsline      | Telephone Reader |










          |Costs               |                   |                  |
          |--------------------+-------------------+------------------|
          |Computer system     |                   |                  |
          |purchase            |            $30,000|$28,000           |
          |(24-line telephone  |                   |                  |
          |capacity)           |                   |                  |
          |--------------------+-------------------+------------------|
          |Installation of     |                   |                  |
          |phone lines         |             $4,000|            $4,000|
          |(24-line trunk)     |                   |                  |
          |--------------------+-------------------+------------------|
          |Setup for newspaper |             $5,000|                --|
          |not already         |                   |                  |
          |available           |                   |                  |
          |--------------------+-------------------+------------------|
          |Synthetic Speech    |                 --|            $7,200|
          |Module              |                   |                  |
          |--------------------+-------------------+------------------|
          |Construction of     |                   |                  |
          |studio, including   |                 --|           $20,000|
          |recording booths    |                   |                  |
          |--------------------+-------------------+------------------|
          |Office equipment,   |                   |                  |
          |including recording |                   |           $15,000|
          |headsets            |                   |                  |
          |--------------------+-------------------+------------------|
          |Totals              |            $39,000|$74,200           |
          |                    |                   |                  |
           ----------------------------------------------------------- 
          
          While this bill proposes to use CTF funds for the telephonic  
          reading programs, last year this committee approved a similar  
          measure, AB 2757 (Utilities & Commerce Committee), which would  
          have required the CPUC to establish a similar program using  
          funds from the CPUC's Deaf and Disabled Telecommunications  
          Program (DDTP).  In addition, AB 2757 proposed to extend the  
          sunset of the DDTP from January 1, 2001, to January 1, 2005.   
          However, the bill was vetoed by the Governor, who noted in his  
          veto message that the program could negatively impact funding  
          for other programs within the Deaf and Disabled  
          Telecommunications Program (DDTP).

                                       COMMENTS











          1)Appropriate Use of The Surcharge  .  Current law allows the CPUC  
               to place a surcharge on each California phone bill in order  
               to fund the CTF.  Currently, the surcharge is 0.185% and it  
               raises about $50 million annually to subsidize telephone  
               services for schools, libraries, hospitals and other  
               organizations.  The CPUC has the authority to adjust the  
               surcharge depending on how many organizations are eligible  
               to receive funding.  The CTF is limited under current law  
               to be used for the installation of phone lines and for  
               discounts on basic phone services.  

            This bill allows $2 million from the CTF to be used, on or  
            before July 1, 2002, to fund telephonic reading centers and  
            potentially a new toll-free service to telephonic reading  
            centers for print disabled Californians.   The author and  
            committee may wish to consider  whether this is an appropriate  
            use of CTF funds and whether this bill may lead to a surcharge  
            increase for all telephone customers in California in order to  
            recover the funding provided in this bill.

            AB 219 (Utilities & Commerce Committee), which is pending on  
            the Assembly Floor awaiting a concurrence vote, extends until  
            January 1, 2006, the surcharge on intrastate telephone service  
            used to pay for the DDTP, which provides telecommunications  
            devices and services for the  deaf and hearing impaired, and  
            for the disabled.  Funding for the DDTP is limited to 0.5  
            percent of all in-state telephone bills.   The author and the  
            committee may which to consider  whether the DDTP fund may be a  
            more appropriate source of funds for the type of programs in  
            this bill, should AB 219 be approved by the Legislature and  
            signed by the Governor. 

           2)All Aboard?   Section 5 of this bill specifically proposes to  
               allocate $2 million from the CTF to the State Library,  
               which may then encumber the funds by July 1, 2002, for the  
               purpose of providing one-time and potentially multi-year  
               funding for telephonic reading centers in Los Angeles, San  
               Diego, Fresno, San Francisco, and Sacramento noted above.  

            However, Sections 3 and 4 of this bill give the State  
            Librarian the authority to operate its own reading centers, to  
            fund centers operated by others and to create a new statewide  
            toll-free access number to telephonic reading systems.  It is  
            unclear whether the $2 million in funding from the CTF is  










            intended for  all  of these purposes or simply for the continued  
            operation of the seven existing telephonic reading centers in  
            California.   The author and the committee may wish to consider   
            whether the bill should clarify how the funds are to be spent  
            by the State Library.

           3)One-Time vs. Ongoing Funds.   This bill provides a one-time  
               allocation of $2 million to the State Library to operate  
               telephonic reading services for the print disabled.  While  
               it may be possible for the State Library to enter into  
               multi-year contracts for either telephonic reading centers  
               or toll-free access to those centers, or both, using the  
               funding provided, this bill does not achieve a permanent  
               funding source for these programs.  








































            If the State Library used the $2 million for operating the  
            existing seven centers ($245,000), statewide toll-free access  
            to those centers (up to $800,000), and one new Telephone  
            Reader center (ca. $75,000), it would be able to cover the  
            costs of those programs for less than two years.

            In light of the fact that the existing telephonic reading  
            centers in California will have no state or federal funding  
            source after September 30, 2001,  the author and committee may  
            wish to consider  whether establishing new programs which have  
            no ongoing funding source is an appropriate use of this  
            funding. 

           4)Designating the funds for telephonic services only  .   This  
               bill allows the State Librarian to add new publications to  
               telephonic reading services and to conduct outreach,  
               including direct mailings, direct telephone contact, and  
               public service announcements.   The author and the committee  
               may wish to consider  whether these are appropriate uses of  
               the funding or whether the bill should specify that the  
               funding in this bill should not be used for new  
               publications or for outreach.  In addition,  the author and  
               the committee may wish to consider  whether the bill should  
               specify that in establishing new telephonic reading centers  
               or toll-free services, the State Librarian may only use the  
               CTF funds to cover the cost of the telephone lines and  
               telephone services associated with those services. 

                                    ASSEMBLY VOTES
          
          Assembly Floor                     (73-0)
          Assembly Appropriations Committee  (21-0)                      
          Assembly Utilities and Commerce Committee                       
          (17-0)

                                       POSITIONS
           
           Sponsor
           
          Author

           Support:
           
          California Council of the Blind










          California Newspaper Publishers Association
          California Optometric Association
          San Francisco Public Library

           Oppose:
           
          None on file.

          
          Jennie Bretschneider 
          AB 1723 Analysis
          Hearing Date:  July 10, 2001