BILL NUMBER: AB 2283 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2004
AMENDED IN ASSEMBLY APRIL 1, 2004
INTRODUCED BY Assembly Member Chu
(Principal coauthor: Assembly Member Ridley-Thomas)
FEBRUARY 19, 2004
An act to add Article 6.7 (commencing with section 53128) to
Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code,
and to add Section 2889.7 to the Public Utilities Code, relating to
telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
AB 2283, as amended, Chu. "211" telephone number system.
(1) Existing law requires local public safety agencies to maintain
a "911" emergency telephone number and among other things, sets
forth the duties of the Division of Telecommunications of the
Department of General Services in providing management oversight of
statewide telecommunications systems developments. Existing law
authorizes every local public agency, as defined, to establish a
nonemergency "311" telephone system and authorizes the Division of
Telecommunications to, among other things, aid local public agencies
in the formulation of concepts, methods, and procedures that will
improve the operation of "311" systems and to increase cooperation
among public agencies.
Under existing law, the Federal Communications Commission has
designated "211" to be the national abbreviated dialing code to be
used to access nonemergency community information and referral
providers to enable a caller to obtain information concerning social
services not currently addressed by either the "911" or "311" system.
Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including telephone corporations.
In Decision 03-02-029, the commission established guidelines and
procedures whereby the commission can certify information and
referral providers as eligible to purchase network telephone service
that will enable them to receive calls from those persons who dial
"211" and required all local exchange carriers to provide "211" call
origination services at reasonable rates in those territories that
will be serviced by "211" information and referral providers.
Decision 03-02-029 does not address the situation of wireless
carriers.
This bill would require information and referral providers
to that use the abbreviated dialing
code "211," to operate the system in a manner that is
consistent with the applicable orders of the Federal Communications
Commission and the commission, would provide immunity from
liability in a civil action for injuries or loss to persons or
property as a result of certain acts or omissions of an authorized
"211" provider or its employees, directors, officers, or agents,
would make the commission responsible for the
establishment of the system and the selection of "211"
providers, including the allocation of federal funds made
available for the system, and would authorize the Division
of Telecommunications, in consultation with the commission, to aid
information and referral providers, local exchange carriers, and
local public agencies to improve operation of, and access to, a "211"
telephone dialing system and to increase cooperation among
information and referral providers, local exchange carriers, and
public agencies. The
The bill would authorize all state agencies and other
official state organizations to provide reasonable assistance and
cooperation in carrying out the purposes of the bill, including, but
not limited to, promoting the use of "211" dialing for access to
social services.
The bill would require authorize the
commission to designate a "211" lead entity with prescribed
responsibilities and characteristics , upon determining that
this will assist in implementation of a "211" telephone dialing
system throughout the state . The bill would require
the a lead entity to allocate federal funds made
available for the development, implementation, and administration of
a "211" dialing system to accomplish specified goals.
The bill would require that if the commission designates a lead
entity, the commission establish a fund and require separate
accounting for any federal or state funds made available to the lead
entity, and require that the funds be spent consistent with federal
and state law. The lead entity would be required to report certain
information to the commission by December 31, 2005, and annually
thereafter. The bill would prohibit a lead entity from expending
more than 5% of any state funds for administrative expenses and would
prohibit funding of a lead entity by additional ratepayer surcharges
or the General Fund. The bill would authorize the commission
to adopt a plan applicable to regulated telecommunications carriers
for implementing a "211" dialing system throughout this state.
(2) Existing law makes any public utility, including a telephone
corporation, and any corporation other than a public utility, that
violates the Public Utilities Act, or who fails to comply with any
part of any order, decision, rule, direction, demand, or requirement
of the commission, guilty of a crime.
Because this bill would require a rule or decision of the
commission to implement its requirements, a violation of these
provisions would be a crime and the bill would thereby impose a
state-mandated local program by creating a new crime.
(3) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 6.7 (commencing with Section 53128) is added to
Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code,
to read:
Article 6.7. Community Social Services Telephone System
53128. (a) Information and referral providers shall
that use the abbreviated dialing code "211,"
shall operate the system in a manner that is consistent
with the applicable orders of the Federal Communications Commission
and the Public Utilities Commission.
(b) Except as specified in subdivision (c), a provider of
information and referral services that has been authorized by the
Public Utilities Commission to use the "211" abbreviated dialing
code, and its employees, directors, officers, and agents are not
liable to any person in a civil action for injuries or loss to
persons or property, as a result of an act or omission of the
authorized "211" provider or its employees, directors, officers, or
agents, in connection with any of the following:
(1) Developing, adopting, implementing, maintaining, or operating
a "211" system.
(2) Making "211" available for use by the public.
(3) Providing "211" services.
(c) Subdivision (b) is not applicable to injuries or loss
resulting from the willful or wanton misconduct of the "211" service
provider or its employees, directors, officers, or agents.
(d) The Public Utilities Commission shall , pursuant to
Section 2889.7 of the Public Utilities Code, be responsible
for the selection of 211 "211"
providers. The Division of Telecommunications of the Department of
General Services, in consultation with the Public Utilities
Commission, may aid information and referral providers, local
exchange carriers, and local public agencies to improve operation of,
and access to, a "211" telephone dialing system and to increase
cooperation among information and referral providers, local exchange
carriers, and public agencies.
(e) All state agencies and other official state organizations may
provide reasonable assistance and cooperation in carrying out the
purposes of this article, including, but not limited to, promoting
the use of "211" dialing for access to social services.
SEC. 2. Section 2889.7 is added to the Public Utilities Code, to
read:
2889.7. (a) The commission shall If the
commission determines that a lead entity will assist in the
implementation of a 211 telephone dialing system throughout the
state, the commission may designate a "211" lead entity
responsible for all of the following:
(1) Performing planning, administrative, fiscal, and reporting
functions required under any state and federal 2-1-1 funding program.
(2) Developing a plan for implementation of 2-1-1 services
throughout the state.
(3) Allocating 2-1-1 funds to entities in accordance with
applicable law.
(4) Reporting activities and progress as requested by the
Legislature or the commission.
(b) The commission shall ensure that the "211" lead entity, to the
extent practicable, conforms to the following:
(b) In designating a lead entity pursuant to subdivision (a), the
commission may consider whether the "211" lead entity conforms, to
the extent feasible, to the following:
(1) Consists of representatives from different geographic areas of
the state.
(2) Demonstrates substantial experience in
providing leadership, education and support to the information and
referral industry in California.
(3) Demonstrates substantial experience in
statewide "211" planning and implementation efforts in California.
(4) Demonstrates established relationships with information and
referral providers throughout California.
(5) Demonstrates the means to maintain established relationships
with information and referral providers throughout the state.
(6) Demonstrates established relationships with national
information and referral interests and established relationships with
information and referral interests in other states.
(7) Demonstrates the ability to provide training, technical
assistance, and service evaluation in adherence with information and
referral industry standards.
(8) Demonstrates substantial expertise with the operational
requirements of information and referral providers in California,
including, but not limited to, database resources, software
requirements, and referral practices.
(c) The A "211" lead entity shall
allocate federal funds made available for the development,
implementation, and administration of a "211" dialing system, to
accomplish each of the following:
(1) Maximize the federal funds available to local information and
referral providers using, or seeking to use, the "211" abbreviated
dialing code to provide comprehensive information and referral
services in California.
(2) Consider population and poverty rates when allocating funds.
(3) Consider developmental requirements, in addition to
operational requirements, when initially allocating funds that are
made available to local "211" providers.
(4) Include a reasonable administration fee sufficient to support
the activities of the "211" lead entity.
(5) Ensure that any fund matching requirement is met.
(d) If the commission designates a lead entity pursuant to
subdivision (a), the commission shall establish a fund and require
separate accounting for any federal or state funds made available to
the "211" lead entity and shall require that those funds be spent
consistent with this section and the requirements of federal and
state law. The commission shall require the "211" lead entity to
prepare and submit to the commission, on or before December 31, 2005,
and annually thereafter, a report on the fiscal status of the
program established pursuant to this section. The report shall
include all of the following:
(1) A statement of any funds made available to the "211" lead
entity through federal or state funding sources.
(2) An accounting of all federal or state funding allocated or
expended by the lead entity in the previous year.
(3) A summary of all requests for funding that were approved or
denied by the lead entity with an explanation why the particular
action was taken.
(e) The lead entity may not expend more than 5 percent of any
state funds made available for the administrative expenses of the
lead entity.
(f) A lead entity shall not be funded by additional ratepayer
surcharges or the General Fund.
(g) The commission may adopt a plan applicable to regulated
telecommunications carriers for implementing a "211" dialing system
throughout this state.
SEC. 3. 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.