BILL NUMBER: AB 2757 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 11, 2000
AMENDED IN ASSEMBLY MARCH 29, 2000
INTRODUCED BY Committee on Utilities and Commerce (Wright (Chair),
Pescetti (Vice Chair), Calderon, Campbell, Mazzoni, Vincent, and
Wesson)
(Coauthors: Assembly Members Cardenas, Maddox, Papan, and
Reyes)
FEBRUARY 25, 2000
An act to amend Sections 278 and 2881 of the Public Utilities
Code, relating to public utilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 2757, as amended, Committee on Utilities and Commerce. Public
utilities: telephonic reading system.
(1) Existing law requires the Public Utilities Commission to
establish a rate recovery mechanism through a surcharge on intrastate
telephone service to recover the costs for providing
telecommunications devices capable of serving the needs of the deaf,
hearing impaired, and disabled. The Public Utilities Act established
the Deaf and Disabled Telecommunications Program Administrative
Committee to advise the commission regarding the development,
implementation, and administration of these programs and the Deaf and
Disabled Telecommunications Program Administrative Committee Fund as
a repository for the funds collected by the surcharge.
This bill would require the commission to design and implement, on
or before July 1, 2001, a program to provide free access to
telephonic reading systems, as defined, for individuals with print
disabilities. The bill would authorize specified entities to apply
to the commission for funding to establish a new telephonic reading
system, and for the operation of such a system. The bill would
require the commission to reimburse any authorized operational
expenses paid or incurred by a telephonic reading system on or after
January 1, 2001, and to make any retroactive payments to a telephonic
reading system after the implementation by the commission of the
program. The bill would authorize a maximum of 20 percent
20% of the maximum amount that is subject to
collection under the telephone surcharge to be spent on this program.
The bill would require the committee to review the guidelines and
administration of existing telephonic reading systems in this state
and issue recommendations to the commission relating to the
establishment of new protocols and guidelines. The bill would
require the commission to establish new protocols and guidelines for
telephonic reading systems. The bill would make related findings and
declarations. Because, under the act a violation of its provisions
would be a crime, this bill would impose a state-mandated local
program.
(2) 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. The Legislature finds and declares all of the
following:
(a) Thousands of California citizens have disabilities that
prevent them from directly accessing conventional print material due
to visual impairments, dyslexia, and orthopedic disabilities, which
prevent the physical manipulation of such print materials.
(b) For decades there have been governmental and nonprofit
organizations dedicated to providing access to reading materials on a
wide variety of subjects by way of Braille, large print, or audio
tape recordings.
(c) Access to time sensitive or local or regional publications, or
both, is not feasible to produce through these traditional means and
formats.
(d) Lack of direct and prompt access to these materials, such as
newspapers, magazines, newsletters, broadcast media schedules, and
other time sensitive materials has a detrimental effect on the
educational opportunities, literacy, and opportunity for full
participation in governmental and community forums by people with
such print disabilities.
(e) The California State Library, through the leadership of State
Librarian Dr. Kevin Starr, has caused to be established in five
sites locations throughout California
high technology systems that provide access to such previously
inaccessible material by use of a standard telephone.
(f) These telephonic reading systems are currently underutilized
because they are capable of serving many more people than can call
without incurring long distance telephone charges.
(g) It is not cost effective to establish the hundreds of
sites locations necessary to give print
disabled Californians local telephone call access to such
sites those locations .
(h) Toll-free access to current and future telephonic reading
systems operated by governmental or nonprofit organizations in
California will provide meaningful access to this important print
material for all Californians with print disabilities.
SEC. 2. This bill may be known and shall be cited as the Kevin
Starr Access to Information Act of 2000.
SEC. 3. Section 278 of the Public Utilities Code is amended to
read:
278. (a) (1) There is hereby created the Deaf and Disabled
Telecommunications Program Administrative Committee, which is an
advisory board to advise the commission regarding the development,
implementation, and administration of programs to provide specified
telecommunications services and equipment to persons in this state
who are deaf, disabled, or print disabled, as provided for in
Sections 2881, 2881.1, and 2881.2, and to carry out the programs
pursuant to the commission's direction, control, and approval.
(2) In addition to the membership qualifications established by
the commission pursuant to subdivision (a) of Section 271, the
commission shall establish qualifications for persons to serve as
members of the Deaf and Disabled Telecommunications Program
Administrative Committee to achieve appropriate representation by the
consumers of telecommunications services for the deaf and disabled.
(b) All revenues collected by telephone corporations in rates
authorized by the commission to fund the programs specified in
subdivision (a) shall be submitted to the commission pursuant to a
schedule established by the commission. The commission shall
transfer the moneys received to the Controller for deposit in the
Deaf and Disabled Telecommunications Program Administrative Committee
Fund. All interest earned by moneys in the fund shall be deposited
in the fund. Any unexpended revenues collected prior to the
operative date of this section shall be submitted to the commission,
and the commission shall transfer those moneys to the Controller for
deposit in the Deaf and Disabled Telecommunications Program
Administrative Committee Fund. In addition, those revenues that are
collected pursuant to subdivision (d) of Section 2881 shall be
accounted for separately, as required by subdivision (b) of Section
2881.2, and deposited in the fund created by the commission pursuant
to subdivision (b) of Section 2881.2.
(c) Moneys appropriated from the Deaf and Disabled
Telecommunications Program Administrative Committee Fund to the
commission shall be utilized exclusively by the commission for the
program specified in subdivision (a), including all costs of the
board and the commission associated with the administration and
oversight of the program and the fund.
SEC. 4. Section 2881 of the Public Utilities Code is amended to
read:
2881. (a) The commission shall design and implement a program to
provide a telecommunications device capable of serving the needs of
individuals who are deaf or hearing impaired, together with a single
party line, at no charge additional to the basic exchange rate, to
any subscriber who is certified as an individual who is deaf or
hearing impaired by a licensed physician and surgeon, audiologist, or
a qualified state or federal agency, as determined by the
commission, and to any subscriber that is an organization
representing individuals who are deaf or hearing impaired, as
determined and specified by the commission pursuant to subdivision
(e). A licensed hearing aid dispenser may certify the need of an
individual to participate in the program if that individual has been
previously fitted with an amplified device by the dispenser and the
dispenser has the individual's hearing records on file prior to
certification.
(b) The commission shall also design and implement a program to
provide a dual-party relay system, using third-party intervention to
connect individuals who are deaf or hearing impaired and offices of
organizations representing individuals who are deaf or hearing
impaired, as determined and specified by the commission pursuant to
subdivision (e), with persons of normal hearing by way of
intercommunications devices for individuals who are deaf or hearing
impaired and the telephone system, making available reasonable access
of all phases of public telephone service to telephone subscribers
who are deaf or hearing impaired. In order to make a dual-party
relay system that will meet the requirements of individuals who are
deaf or hearing impaired available at a reasonable cost, the
commission shall initiate an investigation, conduct public hearings
to determine the most cost-effective method of providing dual-party
relay service to the deaf or hearing impaired when using a
telecommunications device, and solicit the advice, counsel, and
physical assistance of statewide nonprofit consumer organizations of
the deaf, during the development and implementation of the system.
The commission shall phase in this program, on a geographical basis,
over a three-year period ending on January 1, 1987. The commission
shall apply for certification of this program under rules adopted by
the Federal Communications Commission pursuant to Section 401 of the
Americans with Disabilities Act of 1990 (Public Law 101-336).
(c) The commission shall also design and implement a program
whereby specialized or supplemental telephone communications
equipment may be provided to subscribers who are certified to be
disabled at no charge additional to the basic exchange rate. The
certification, including a statement of medical need for specialized
telecommunications equipment, shall be provided by a licensed
physician and surgeon acting within the scope of practice of his or
her license, or by a qualified state or federal agency as determined
by the commission. The commission shall, in this connection, study
the feasibility of, and implement, if determined to be feasible,
personal income criteria, in addition to the certification of
disability, for determining a subscriber's eligibility under this
subdivision.
(d) The commission shall establish a rate recovery mechanism
through a surcharge not to exceed one-half of 1 percent uniformly
applied to a subscriber's intrastate telephone service, other than
one-way radio paging service and universal telephone service, both
within a service area and between service areas, to allow providers
of the equipment and service specified in subdivisions (a), (b), and
(c), to recover costs as they are incurred under this section. The
surcharge shall be in effect until January 1, 2001. The commission
shall require that the programs implemented under this section be
identified on subscribers' bills, and shall establish a fund and
require separate accounting for each of the programs implemented
under this section.
(e) The commission shall determine and specify those statewide
organizations representing the deaf or hearing impaired that shall
receive a telecommunications device pursuant to subdivision (a) or a
dual-party relay system pursuant to subdivision (b), or both, and in
which offices the equipment shall be installed in the case of an
organization having more than one office.
(f) The commission may direct any telephone corporation subject to
its jurisdiction to comply with its determinations and
specifications pursuant to this section.
(g) The commission shall annually review the surcharge level and
the balances in the funds established pursuant to subdivision (d).
Until January 1, 2001, the commission shall be authorized to make,
within the limits set by subdivision (d), any necessary adjustments
to the surcharge to ensure that the programs supported thereby are
adequately funded and that the fund balances are not excessive. A
fund balance which is projected to exceed six months' worth of
projected expenses at the end of the fiscal year is excessive.
(h) The commission shall prepare and submit to the Legislature, on
or before December 31, 1988, and annually thereafter, a report on
the fiscal status of the programs established and funded pursuant to
this section and Sections 2881.1 and 2881.2. The report shall
include a statement of the surcharge level established pursuant to
subdivision (d) and revenues produced by the surcharge, an accounting
of program expenses, and an evaluation of options for controlling
those expenses and increasing program efficiency, including, but not
limited to, all of the following proposals:
(1) The establishment of a means test for persons to qualify for
program equipment or free or reduced charges for the use of
telecommunication services.
(2) If, and to the extent not prohibited under Section 401 of the
Americans with Disabilities Act of 1990 (Public Law 101-336), the
imposition of limits or other restrictions on maximum usage levels
for the relay service, which shall include the development of a
program to provide basic communications requirements to all relay
users at discounted rates, including discounted toll call rates, and,
for usage in excess of those basic requirements, at rates which
recover the full costs of service.
(3) More efficient means for obtaining and distributing equipment
to qualified subscribers.
(4) The establishment of quality standards for increasing the
efficiency of the relay system.
(i) In order to continue to meet the access needs of individuals
with functional limitations of hearing, vision, movement,
manipulation, speech and interpretation of information, the
commission shall perform ongoing assessment of, and if appropriate,
expand the scope of the program to allow for additional access
capability consistent with evolving telecommunications technology.
(j) (1) The commission shall also design and implement, on or
before July 1, 2001, a program to provide toll-free access throughout
California to telephonic reading systems for citizens with print
disabilities, at no charge additional to the basic exchange rate.
The commission shall establish a system whereby a single toll-free
telephone number is used to access all telephonic reading systems,
with the caller selecting the desired system by choosing among menu
items provided at the beginning of each call. Each telephonic
reading system shall provide access with the use of individual
passwords issued only to persons who are eligible under the criteria
established by the National Library Service for the Blind and
Physically Handicapped, Library of Congress, as authorized by Section
135a of Title 2 of the United States Code, and as described in
Section 701.10 of Title 36 of the Code of Federal Regulations. The
operator of each telephonic reading system shall provide for the
issuance of passwords to those individuals who meet the criteria
described in this paragraph.
(2) For purposes of this subdivision "telephonic reading system"
means a system operated by, or under the control or sponsorship of
any agency, instrumentality, or political subdivision of the State of
California, or by any nonprofit organization doing business in this
state, whereby the caller can hear the reading of material such as
newspapers, magazines, newsletters, broadcast media schedules,
transit route and schedule information, and other reference or time
sensitive materials as determined by the operator of the system.
(3) Any agency, instrumentality, or political subdivision of this
state, or any nonprofit organization doing business in this state,
may apply to the commission for funding to establish a new telephonic
reading system, and for the operation of such a system. The
commission shall reimburse any operational expenses paid or incurred
by a telephonic reading system authorized by the commission on or
after January 1, 2001, and the commission shall make any retroactive
payments to a telephone reading system after the implementation by
the commission of the program described in paragraph (1).
(4) Expenditures under this subdivision may not exceed 20 percent
of maximum revenues authorized by subdivision (d).
(5) Nothing in this subdivision is intended to limit the
establishment by the commission of other programs or services under
subdivision (i).
(6) The Deaf and Disabled Telecommunications Program
Administrative Committee shall review the guidelines and
administration of existing telephonic reading systems in this state
and issue recommendations to the commission relating to the
establishment of new protocols and guidelines.
(7) The commission shall establish new protocols and guidelines
for telephonic reading systems.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.