BILL NUMBER: AB 2757 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY AUGUST 21, 2000
PASSED THE SENATE AUGUST 18, 2000
AMENDED IN SENATE JUNE 21, 2000
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, 2881, and 2881.2 of, and to repeal
Section 2881.01 of, of the Public Utilities Code, relating to public
utilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 2757, 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 surcharges on intrastate
telephone service, until January 1, 2001, to recover the costs for
providing telecommunications devices capable of serving the needs of
the deaf, hearing impaired, and disabled, as prescribed. 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 extend the requirement for those telephone
surcharges until January 1, 2005, and delete an obsolete provision.
The bill would require the commission to design and implement, on
or before July 1, 2002, 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 this 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% of the maximum amount that
is subject to collection under a specified 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.
The bill would state the intent of the Legislature that $185,000
of the amount appropriated in a specified item of the Budget Act of
2000 be used by the California State Library to fund the operations
of telephonic reading centers in certain cities, from October 1,
2000, until September 30, 2001, in implementation of the bill.
The bill would result in a change in state taxes for the purpose
of increasing state revenues within the meaning of Section 3 of
Article XIIIA of the California Constitution, and thus would require
for passage the approval of 2/3 of the membership of each house of
the Legislature.
(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.
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
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
locations necessary to give print disabled Californians local
telephone call access to 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, 2005. 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, 2005, 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, 2002, 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. Any agency,
instrumentality, or political subdivision of this state may apply to
the commission for the reimbursement of operational costs incurred
or expended between January 1, 2001, and July 1, 2002, for the
operation of a telephonic reading system. The commission may not
authorize reimbursement for operational costs that the telephonic
reading system paid or could have paid from grants or donations that
the telephonic reading system received and which grants or donations
the grantor specified exclusively to fund the expenses for the
telephonic reading system.
(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. The protocols should consider the
cost-effectiveness of supporting a particular telephonic reading
center and the value of its services to Californians. The protocols
should also consider whether the publications the centers make
available meet local, regional, and foreign language needs of
Californians.
(8) For purposes of this section, any agency, instrumentality, or
political subdivision of this state, or any nonprofit organization
doing business in this state, that operates a telephonic reading
center shall provide the commission with access to their books,
records, documents, and reports pursuant to Sections 312 to 314,
inclusive, and Sections 581 to 587, inclusive. Any agency,
instrumentality, or political subdivision of this state, or nonprofit
organization doing business in this state, that operates a
telephonic reading center shall also be subject to the commission's
authority pursuant to subdivisions (a) and (b) of Section 311.
(9) The commission may enforce Chapter 11 (commencing with Section
2101) of Part 1 regarding violations against any agency,
instrumentality, or political subdivision of this state, or any
nonprofit organization doing business in this state that operates a
telephonic reading center as if that entity were a public utility.
Notwithstanding the above, nothing in this section shall be construed
to grant the commission jurisdiction to regulate any agency,
instrumentality, or political subdivision of this state, or any
nonprofit organization doing business in this state, that operates a
telephonic reading system other than as specifically set forth in
this part.
(10) The commission shall incur no liability for the content of
information provided by a telephonic reading system participating in
the provision of information pursuant to this section.
SEC. 5. Section 2881.01 of the Public Utilities Code is repealed.
SEC. 6. Section 2881.2 of the Public Utilities Code is amended to
read:
2881.2. (a) In addition to the requirements of Section 2881, the
commission shall design and implement a program that shall provide
for publicly available telecommunications devices capable of
servicing the needs of the deaf or hearing impaired in existing
buildings, structures, facilities, and public accommodations of the
type specified in Section 4450 of the Government Code and Sections
19955.5 and 19956 of the Health and Safety Code, making available
reasonable access of all phases of public telephone service to
individuals who are deaf or hearing impaired. The commission shall
direct the appropriate committee under its control to determine and
specify locations within existing buildings, structures, facilities,
and public accommodations in need of a telecommunications device and
to contract for the procurement, installation, and maintenance of
these devices. In the letting of the contract, the commission shall
direct the committee to ensure consideration of for-profit and
nonprofit corporations, including nonprofit corporations with
demonstrated service to individuals who are deaf or hearing impaired
and whose boards of directors and staff are made up of a majority of
those individuals. The commission shall also direct the committee to
seek the cooperation of the owners, managers, and tenants of the
existing buildings, structures, facilities, and public accommodations
that have been determined to be in need of a telecommunications
device with regard to its installation and maintenance. The
commission shall phase in this program over a reasonable period of
time, beginning no later than January 1, 1998, giving priority to
those existing buildings, structures, facilities, and public
accommodations determined by the commission, with the advice and
counsel of statewide nonprofit consumer organizations for the deaf,
to be of most importance and usefulness to the deaf or hearing
impaired.
(b) The commission shall ensure that costs are recovered as they
are incurred under this section, including any costs incurred by the
owners, managers, or tenants of existing buildings, structures,
facilities, and public accommodations, and shall utilize for this
purpose the rate recovery mechanism established pursuant to
subdivision (d) of Section 2881. The commission shall also establish
a fund and require separate accounting for the program implemented
under this section and, in addition, shall require that the surcharge
utilized to fund the program not exceed two-hundredths of 1 percent,
that it be combined with the surcharge required by subdivision (d)
of Section 2881, and that it count toward the limits set by that
subdivision. This surcharge shall be in effect until January 1,
2005.
(c) "Existing buildings, structures, facilities, and public
accommodations," for the purposes of this section, means those
buildings, structures, facilities, and public accommodations or parts
thereof that were constructed or altered prior to January 26, 1993,
or are otherwise not required by Section 303 of the federal Americans
with Disabilities Act of 1990 (Public Law 101-336) (42 U.S.C. Sec.
12183) or any other section of that act and its implementing
regulations and guidelines, to have a publicly available
telecommunications device capable of serving the needs of the deaf or
hearing impaired.
SEC. 7. It is the intent of the Legislature that one hundred
eighty-five thousand dollars ($185,000) of the amount appropriated in
Item 6120-140-0001 of Section 2.00 of the Budget Act of 2000, for
local assistance, California State Library, Public Library Projects,
be used by the library to fund the operations of a telephonic reading
center in San Diego, Fresno, and San Francisco, and two in
Sacramento, from October 1, 2000 until September 30, 2001, in
implementation of the Kevin Starr Access to Information Act of 2000,
set forth in Sections 278 and 2881 of the Public Utilities Code.
SEC. 8. 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.