BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 911
                                                                  Page  1

          Date of Hearing:  June 30, 2003

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
                                 Sarah Reyes, Chair
                     SB 911 (Alpert) - As Amended:  June 26, 2003

           SENATE VOTE  :  30-3
           
          SUBJECT  :  Local emergency telephone systems:  911 Administrative  
          Board.

           SUMMARY  :  This bill creates in state government, the State 911  
          Advisory Board to advise the Telecommunications Division of the  
          Department of General Services, comprised of specified members  
          appointed by the Governor.  Specifically,  this bill  :

          1)Establishes a 11 member State 911 Advisory Board appointed by  
            the Governor and comprised of the following: 

          2)The Chief of the 911 Emergency Communications Office (to serve  
            as a nonvoting Chair of the board)

          3)One representative from the California Highway Patrol

          4)Two representatives from the California Police Chief's  
            Association

          5)Two representatives from the California Sheriff's Association

          6)Two representatives from the California Fire Chief's  
            Association

          7)Two representatives from the California Chapter of the  
            National Emergency Number Association Executive Board

          8)One representative on the joint recommendation of the  
            Executive Board of the California Chapters of the Association  
            of Public Safety Communication Officials-International, Inc.

          9)Specifies that recommending authorities shall give great  
            weight and consideration to knowledge, training, and expertise  
            of the appointee with respect to their experience within  
            California's 911 system.  Board members should have at least  
            two years of experience as a Public Safety Answering Point  
            (PSAP) manager or county coordinator, except where a specific  








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            person is designated as a member.

          10)Requires each member of the committee to serve a two-year  
            term, except as follows:

          11)The presiding chief of the California 911 Emergency  
            Communications Office shall serve for the duration of his or  
            her term.

          12)Four of the remaining members shall serve an initial term of  
            three years and board members shall not receive compensation  
            for their service on the board, but may be reimbursed for  
            travel and per diem for time spent in attending meetings of  
            the board.

          13)Requires the board to meet quarterly in public sessions in  
            accordance with the Bagley-Keene Open Meeting Act.  The  
            Telecommunications Division shall provide administrative  
            support to the board.  The board, at its first meeting, shall  
            adopt bylaws and operating procedures consistent with this  
            article and establish committees as necessary.

          14)Requires the board to advise the Telecommunications Division  
            of the Department of General Services on all of the following  
            subjects:

          15)Policies, practices, and procedures for the California 911  
            Emergency Communications Office.

          16)Technical and operational standards for the California 911  
            system consistent with the National Emergency Number  
            Association (NENA) standards.

          17)Training standards for county coordinators and PSAP managers.

          18)Budget, funding, and reimbursement decisions related to the  
            State Emergency Number Account.

          19)Proposed projects and studies conducted or funded by the  
            State Emergency Number Account.

          20)Expediting the rollout of Enhanced 911 Phase II technology.

          21)Specifies that upon request of a local public agency, the  
            board is to conduct a hearing on any conflict between a local  








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            public agency and the Telecommunications Division regarding a  
            final plan that has not been approved by the  
            Telecommunications Division pursuant to Section 53114 of the  
            Government Code.  The board shall meet within 30 days  
            following the request, and shall make a recommendation to  
            resolve the conflict to the Telecommunications Division within  
            90 days following the initial hearing by the board pursuant to  
            the request.

           EXISTING LAW  :

          1)Establishes the Warren 911 Emergency Services Act to be  
            administered by the Department of General Services for the  
            purpose of developing a network of public safety answering  
            points to respond to 911 emergency assistance calls.

          2)Establishes the Emergency Telephone Users Surcharge Act to  
            fund the development and maintenance of the public safety  
            answering points through a surcharge on all intrastate phone  
            numbers issued by the California Public Utilities Commission.

          3)Specifies that the Department of General Services has  
            administrative responsibility over the range of the surcharge,  
            subject to the approval by the Board of Equalization, as well  
            as reimbursements for expenditures submitted by PSAPs and  
            telephone carriers.  DGS is required to annually report to the  
            Board of Equalization on what the surcharge should be set at  
            to fund future year obligations.

           FISCAL EFFECT  :  Unknown.

           COMMENTS  :

           Brief history of state involvement in 911 system.   Since its  
          inception in the mid-1970's, DGS's Telecommunications Division  
          (DGS-TD) has administered the state's 911 program.  This  
          includes evaluating local 911 systems, reviewing, approving, and  
          reimbursing local public safety agencies for the necessary and  
          reasonable costs associated with the planning, implementation,  
          and maintenance of a state-approved 911 system.

          The state 911 program is funded through a surcharge on telephone  
          service.  That surcharge is statutorily capped at 0.75% of a  
          customer's phone bill, but right now is set at 0.72% by DGS-TD  
          and hasn't been increased since 1995.  The surcharge raises  








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          about $130 million annually, with about half of the money going  
          to pay for database services, where the incoming 911 call is  
          identified with a telephone number and street address.  One  
          quarter goes to pay for carrying the telephone call, and one  
          quarter pays for the telephones and computers housed in the  
          public safety dispatch centers.

          As cellular telephone location information becomes available,  
          the 911 system will need to be upgraded.  The California Highway  
          Patrol (CHP) is the first responder for most all cellular 911  
          calls.  Funds have been reserved to pay for the CHP upgrades.

           The purpose of the bill  is to establish a state 911 Advisory  
          Board appointed by the Governor and composed of practitioners.   
          The 911 Advisory Board is authorized to advise the  
          Telecommunications Division of the Department of General  
          Services on the following:

          1)Policies, practices, and procedures;

          2)Technical and operational standards for the 911 system  
            consistent with National Emergency Number Association  
            standards;

          3)Training standards for county coordinators and Public Safety  
            Answering Point managers;

          4)Budget, funding, and reimbursement decisions related to the  
            State Emergency Number Account;

          5)Expediting the development of Phase II technology for Enhanced  
            911.

          The Advisory Board is required to hold a hearing on any conflict  
          between a local public agency and the Telecommunications  
          Division regarding approval of final plans.  The board will be  
          required to meet within 30 days following the request, and shall  
          make recommendations to resolve the conflict to the  
          Telecommunications Division within 90 days following the initial  
          hearing.  The supporters believe that a the non-binding appeals  
          process is necessary as a result of the Telecommunication  
          Division not paying for an adequate number of 911 stations,  
          inflexibility of the Telecommunication Division to understand  
          the needs of PSAP's, and no process for PSAP's to provide input  
          in the process.








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          While it is natural that some disagreements exist between local  
          PSAP's and the Telecommunication Division over adequate funding  
          levels the main issue regarding whether local PSAP's have a  
          voice in the process and provide meaningful input is something  
          that needs to be resolved.  Having an appointed board selected  
          by practitioners will likely ease some of the tensions that have  
          existed with the current board structure.  The current board was  
          created under the former director of the Department of General  
          Services and the board makeup was not voted on by any 911-user  
          association but instead was determined through an application  
          that was sent out by the Telecommunication Division to PSAP's.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California State Sheriffs' Association
          California Police Chiefs Association
          California State Association of Counties
          California Fire Chiefs Association
          California Fire Districts Association
          City of San Diego
          League of California Cities
          City of Corona Fire Department
          City of Big Bear Community Services District
          Gary Penrod, Sheriff, San Bernardino County
          Edward Bonner, Sheriff-Coronor-Marshal, Placer County
          Arroyo Grande Fire Department
          San Bernardino City Fire Department
          Los Angeles Deputy Sheriffs Association
          California Chapter of the National Emergency Number Assoc.
          California Emergency Services Advisory Board
          Association of Public-Safety Communications Officials -  
          International, Inc.
          Orange County Fire Department

           Opposition 
           
          None on file.

           
          Analysis Prepared by  :    Daniel Kim / U. & C. / (916) 319-2083