BILL ANALYSIS AB 914 Page 1 Date of Hearing: May 8, 2003 ASSEMBLY COMMITTEE ON REVENUE AND TAXATION Ed Chavez, Chair AB 914 (Reyes) - As Amended: May 6, 2003 Majority vote. Fiscal Committee. SUBJECT : Emergency Telephone Users Surcharge: Rate Increase SUMMARY : Requires local public safety agencies, telecommunications providers, and the Department of General Services (DGS) to expand the capabilities of California's 911 emergency system and allows DGS to reimburse local public safety agencies and telecommunications providers for the upgrades. Specifically, this bill : 1)Contains findings and declarations regarding the need to update the 911 emergency reporting system to incorporate various forms of telecommunications technologies. 2)States that the purpose of this bill is to establish the telecommunications emergency response system as the primary emergency telecommunications system for use in California, and to encourage units of local government and combinations of these units to develop and improve emergency communication procedures and facilities in order to quickly respond to persons calling "911" seeking emergency services. 3)Renames the "Warren 911 Emergency Assistance Act" the "Telecommunications Emergency Response System Act" (the Act). Makes substantive changes to the Warren 911 Emergency Assistance Act, as follows: a) Defines "public safety answering point" (PSAP) as a telecommunications center capable of receiving requests for emergency services by means of multiple telecommunications sources including 911 circuits and dispatching the necessary emergency services resources in response to a request. b) Defines "reporting system" as a telecommunications service that automatically connects a person who uses another telecommunications service, including 911 circuits, AB 914 Page 2 to an established PSAP through telecommunications service facilities and is capable of automatically identifying the caller's number, automatically locating the caller, holding the incoming call, reconnecting on the same telephone line, clearing a telephone line, automatically call routing, or any combination of these capabilities. c) Provides for the establishment of the 911 Committee and specifies that this committee shall include one representative from the California Chapter of the National Emergency Numbering Association, one representative from the California State Sheriff's Association, one representative from the California Police Chief's Association, and one representative from the California Fire Chief's Association. d) Requires every local public agency to establish and have in operation a reporting system and connectivity to the telecommunications emergency response system, or to be part of the telecommunications emergency response system. All reporting systems must be approved by the 911 Committee. Requires all PSAPs to have access to operators who speak languages other than English. e) Requires the Telecommunications Division within DGS, with the advice and assistance of the Attorney General, to provide funding to local public agencies to establish and maintain a telecommunications emergency response system. f) Provides that the 911 Committee shall, among its other duties, be responsible for evaluating requests from local agencies for state assistance and making recommendations to the Chief of the Telecommunications Division within DGS regarding local agency reimbursement. g) Requires the 911 Committee to establish and review technical and operational standards for the telecommunications emergency response system by December 31, 2004. h) Provides that the National Emergency Number Association (NENA) Standards for Recommended Formats and Protocols For Data Exchange and NENA Recommended Standards for Local Exchange Carriers, ALI Service Providers, and 911 Service Jurisdictions shall be adopted by reference and required AB 914 Page 3 for all agencies, vendors, and telecommunications service providers having any connectivity to the telecommunications emergency response system. No funds may be provided to any agency, vendor, or service provider that the 911 Committee determines is noncompliant. i) Requires the 911 Committee to review and update technical and operational standards for public agency systems on a continuous basis. j) Requires the 911 Committee to report annually to the Legislature regarding the progress made in implementing the systems required by the Act. These reports are required to contain the 911 Committee's recommendations for additional legislation and funding. 4)Renames the "Emergency Telephone Users' Surcharge Act" the "Emergency Telecommunications Surcharge Act". Makes substantive changes to the Emergency Telephone Users' Surcharge Act, as follows: a) Updates the uses to which revenue in the State Emergency Telephone Number Account may be put to include a geographically-referenced statewide base mapping system, a regionalized master street address guide, and an automatic location identification database client server system. These uses replace current law references to a basic system with telephone central office identification and a system employing automatic call routing. b) Provides that the surcharge is a fee (rather than a tax) levied by the state. EXISTING LAW provides for an Emergency Telephone Users' Surcharge to fund local governments' costs to implement and operate the 911 emergency telephone system. The surcharge, which is applied to intrastate calls, varies between a rate of 0.5% and 0.75%, depending on funding needs. On or before each September 1, DGS determines the rate it estimates will produce sufficient revenue to fund the current fiscal year's costs. Charges for lifeline services and for services from public coin-operated telephones are exempt from the surcharge. The surcharge is collected from consumers by telephone companies and is remitted to the Board of Equalization. The Communications Division within DGS establishes minimum technical and AB 914 Page 4 operational standards for local systems and approves the funding necessary to implement and operate each system. FISCAL EFFECT : None. The Emergency Telephone Users' Surcharge is set at a rate necessary to fully fund the 911 program. COMMENTS : 1)This comprehensive measure is intended to update the Warren 911 Emergency Services Act and the Emergency Telephone Users Surcharge Act to clarify that the existing 911 system, which is based on calls being directed to PSAPs by the public switch telephone network, is part of a telecommunications network rather than simply a call termination point. This bill requires the creation of a client-server network that will allow PSAPs to access geo-reference maps, overlay them with location information from wireless carriers, and pinpoint the location of 911 calls made from cellular phones. This bill would provide funding for these upgrades through the existing Emergency Telephone Users' Surcharge. 2)In 1972, the Legislature passed the Warren 911 Emergency Assistance Act, which provided a single, three-digit emergency telephone number through which emergency services could be obtained, regardless of jurisdictional boundaries. In time, the original system was enhanced to allow a caller's address to be displayed at the call answering point. The Warren 911 Emergency Assistance Act provided funding to local agencies for the necessary hardware to handle emergency calls and to the telephone service providers for building and maintaining the emergency reporting network. While the enhanced system was a tremendous improvement to emergency reporting in its time, it has grown increasingly inadequate. Currently, the 911 system is able to locate a caller from a landline phone by pulling up that caller's vital information. This information is transmitted to one of over 500 PSAPs by way of an Automatic Number Identification (ANI) and Automatic Location Identification (ALI). The ANI/ALI information is provided over the regular phone network. However, as cell phone usage and technological improvements in wireless communication have grown over the last three decades, the 911 system has, for the most part, remained unchanged. Currently, only the Torrance Police Department has the ability AB 914 Page 5 to locate wireless 911 calls. All other jurisdictions are unable to locate calls made from cellular phones, because either the receiving entity or the transmitting entity cannot send ANI/ALI information. This problem is further compounded by the fact that while an emergency can move rapidly throughout multiple jurisdictions, California's PSAPs have no common communications capability. Today in the United States there are more than 90 million wireless phone users who make more than 115,000 emergency calls a day. A February 2003 Consumers Report survey noted that one in three people who own a cellular phone say they bought it mainly for safety reasons. The report also highlighted that out of 11,500 nationwide subscribers contacted in the fall of 2002, 1,880 said they tried to call 911 using a cell phone. One-third of Consumer Reports California respondents said they encountered some difficulty getting through to 911. Individuals in California had the highest percentage of unsuccessful calls to 911 (12%). 3)This bill requires every local public agency to establish and have in operation a reporting system and connectivity to the telecommunications emergency response system, or to be part of the telecommunications emergency response system. However, this bill lacks a definition for the term "telecommunications emergency response system". 4)This measure was heard by the Assembly Utilities and Commerce Committee on May 5, 2003 and passed by a vote of 13-0. REGISTERED SUPPORT / OPPOSITION : Support California Chapter of the National Emergency Number Association California State Sheriff's Association Opposition None on file Analysis Prepared by : Eileen Roush / REV. & TAX. / (916) 319-2098