BILL ANALYSIS 1
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SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
DEBRA BOWEN, CHAIRWOMAN
AB 1734 - Assembly Utilities & Commerce
Hearing Date: April 9, 2002 A
As Amended: April 2, 2002
FISCAL/URGENCY B
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DESCRIPTION
Current law establishes programs to enable and subsidize
telecommunications service for the deaf, hearing impaired, and
handicapped. The Deaf and Disabled Telecommunications Program
Administrative Committee (DDTPAC) advises the California Public
Utilities Commission (CPUC) on the administration of this
program.
Current law establishes a fund in the state treasury to receive
monies in support of this program and to disburse monies to pay
for this program. The CPUC is required to transfer funding for
these programs from a CPUC-administered account to this account
by July 1, 2002.
This bill authorizes the CPUC to contract with others to operate
the telecommunications programs for the deaf, hearing impaired,
and handicapped, and makes supportive findings.
This bill renames the DDTPAC as the Telecommunications Access
for Deaf and Disabled Administrative Committee (TADDAC) and
requires that not less than two-thirds of the committee
membership be deaf or disabled.
This bill delays the transfer of program funds from the CPUC to
the TADDAC account in the treasury until July 1, 2003 by which
time the TADDAC must develop a transition plan for program
administration and governance and submit it to the CPUC.
This bill requires the CPUC to employ staff overseeing the deaf
and disabled telecommunications program who, to the extent
feasible and consistent with state civil service requirements,
are members of the deaf and disabled community.
BACKGROUND
Since the 1980's, the CPUC has administered programs to assist
the deaf and disabled in using telephone service. The programs
provide specialized telecommunications equipment, discounted
telephone rates, and a telecommunications translator service,
known as a dual-party relay service, through which the deaf can
communicate with others. Funding for these programs is provided
by a surcharge on telecommunications service, which has been
kept in accounts administered by the CPUC. Aggregate program
costs are about $50 million annually. These programs are
currently contracted out, with the DDTPAC providing advice and
program administration to the CPUC.
SB 669 (Polanco), Chapter 677, Statutes of 1999, was enacted to
move this account, as well as all specially funded
telecommunications accounts, from the CPUC into the state
treasury. The transfer of funds into the state treasury meant
that fund administrators and programmatic employees could no
longer be contracted out without legislative authorization, a
restriction affecting 94 employees. Consequently, SB 669 also
required the CPUC to develop a plan to have the programs
administered by state employees instead of being contracted out.
The CPUC's transition plan suggested three approaches to
changing the current system:
Option 1 makes the administrative and programmatic employees
into CPUC state employees.
Option 2 obtains contracting out authority.
Option 3 transfers the employees to another state agency serving
the disabled.
This bill chooses Option 2.
COMMENTS
1.Transfer deadline . Of the specially funded telecommunications
accounts, only the account for the deaf and disabled
telecommunications program has not been transferred to the
state treasury. The delay is the result of concerns about
program administration by the deaf and disabled community.
The community is concerned it may lose influence over the
programs once control is transferred to a state agency or the
program administration is put out to bid. This bill addresses
those concerns by assuring that the deaf and disabled
community continues to have a voice through its membership on
the TADDAC, requiring the TADDAC to provide a recommendation
for program administration, and articulating legislative
findings that the program expand outreach through continued
consultation with, and participation by, the deaf and disabled
community. This bill extends the deadline for transfer by an
additional year. However, the bill provides for fund transfer
commencing July 1, 2003. Given that the transfer of this
program lags that of the other telecommunications funds, the
author and committee may wish to consider requiring that the
transfer occur not later than June 30, 2003.
2.Changing representation . Current law requires the DDTPAC to
have "appropriate representation" from the deaf and disabled
community. The bill requires that at least two-thirds of the
membership of the re-named TADDAC be deaf or disabled.
Currently there are 12 members on the DDTPAC of which 7 (58%)
come from the deaf and disabled community. Only those 7 may
vote.
While it's clearly important for the CPUC to hear from the
community it serves, requiring such a large portion of the
membership to be deaf or disabled may deny the CPUC input from
others who can contribute to ensuring the program efficiently
delivers the services it was set up to provide.
It's important to note that the purpose of the TADDAC is much
broader than simply providing the CPUC with expertise on the
targeted community. Rather, the purpose of this committee is
to advise the CPUC on program administration, which calls for
expertise in program operation and structure. The CPUC has
historically relied on its administrative committee for broad
ranging program advice, as the CPUC lacks internal expertise
on program administration. The author and committee may wish
to consider whether a membership that is required to be at
least half from the deaf or disabled community would strike a
better balance than the 2/3 requirement currently in the bill.
3. Technical amendments . The author will offer technical
amendments in committee to clarify language and correct
drafting errors.
ASSEMBLY VOTES
Assembly Floor (51-0) (unrelated version)
Assembly Utilities and Commerce Committee
(11-0) (unrelated version)
POSITIONS
Sponsor:
California Public Utilities Commission
Support:
California Coalition of Agencies serving Deaf and Hard of
Hearing, Inc.
Deaf Community Services of San Diego, Inc.
Greater Los Angeles Council on Deafness, Inc.
Office of Ratepayer Advocates
Orange County Deaf Equal Access Foundation
Self Help for Hard of Hearing People
6 individuals
Oppose:
None on file
Randy Chinn
AB 1734 Analysis
Hearing Date: April 9, 2002