BILL ANALYSIS
AB 2757
Page 1
GOVERNOR'S VETO
AB 2757 (Utilities Committee)
As Amended June 21, 2000
2/3 vote
ASSEMBLY: 77-0 (May 30, 2000) SENATE: 32-0 (August 18,
2000)
ASSEMBLY: 73-3 (August 21, 2000)
Original Committee Reference: U. & C.
SUMMARY : Requires the California Public Utilities Commission
(CPUC) to establish and implement a toll-free number to access
telephonic reading systems for individuals with print
disabilities, and authorizes specified entities to apply to CPUC
for funds to establish and operate new telephonic reading
systems.
The Senate amendments:
1)Extend the sunset date for the Deaf and Disabled
Telecommunications Program (DDTP) to January 1, 2005,
requiring a 2/3 vote for passage; extend the date to July 1,
,2002 for CPUC to design and implement the program.
2)Provide that any agency operating a telephonic reading system
may apply to CPUC between January 1, 2001 and July 1, 2002,
for reimbursement of operational costs not paid for from funds
provided exclusively for the telephonic reading system; expand
the protocols and guidelines for telephonic reading systems.
3)Provide CPUC with authority to audit any agency or group
operating a telephonic reading center receiving DDTP funds.
4)Restrict the liability regarding content that CPUC can incur
for funding a telephonic reading center.
5)Add intent language for an $185,000 Budget appropriation for
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operation of five telephonic reading centers from October 1,
2000 until September 30, 2001.
EXISTING LAW :
1)Requires CPUC 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, known as
DDTP Fund.
2)Establishes the DDTP Administrative Committee to advise CPUC
regarding the development, implementation, and administrations
of these programs, and the DDTP Fund as repository for the
funds collected by the surcharge.
AS PASSED BY THE ASSEMBLY , this bill:
1)Expanded the scope of the advisory functions of the DDTP
Administrative Committee to encompass programs for people who
are print disabled.
2)Directed CPUC to design and implement a program to provide
toll-free access to telephonic reading systems for California
residents with print disabilities by July 1, 2001, using a
single toll-free number and authorized specified entities to
apply to CPUC for funding to establish a new telephonic
reading system.
3)Defined a telephonic reading system to be a system where a
caller can hear print material such as newspapers, magazines,
newsletters, broadcast media schedules, and other time
sensitive materials read to them which are operated by either
divisions of the State of California or nonprofit
organizations.
4)Limited expenditures to fund the program to 20% of the maximum
funds collected by the DDTP Administrative Committee Fund.
5)Required CPUC to reimburse any authorized operational expenses
that telephonic reading systems may occur after January 1,
2001, and make retroactive payments to a system after the
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implementation of the measure. Made various findings and
declarations regarding the telephonic reading system and cites
the legislation as the Kevin Starr Access to Information Act
of 2000.
FISCAL EFFECT : CPUC estimates special fund costs for two staff
positions of $82,462 during the first year and $140,924 annually
thereafter. CPUC would incur special fund costs of about
$100,000 to develop protocols and to implement the program.
Equipment start-up costs (special fund) are estimated at
$70,000, and annual operating costs (special fund) are estimated
at $60,000 for each operator of a system. The total number of
system operators is unknown, but annual costs for the six
existing systems would be over $300,000.
COMMENTS : Within the state, there are six telephonic reading
systems. Persons calling from outside the calling area of the
site's location (local calling areas are generally limited to a
radius of approximately 12 miles) cannot use the service without
incurring long distance telephone charges. This has resulted in
a significant underusage of the program by the print disabled in
this state.
DDTP was established by the Legislature SB 1782 (Rains), Chapter
454, Statutes of 1982, to provide telecommunications devices to
the disabled. DDTP currently funds three programs for deaf,
hearing impaired, and disabled people. The ceiling for DDTP
surcharge is set by statute at 0.5%. For 2000, CPUC is
assessing the surcharge at 0.28%, less than the authorized
amount, for a total budget of $57.4 million. This bill will not
increase the statutory cap.
Senate amendments extend the sunset date for DDTP to from
January 1, 2001 to January 1, 2005 and make other technical
changes to this bill. The amendments were at the request of
CPUC, in order to address technical issues with this bill, such
as incorporating the normal 18 month timeframe for CPUC to
conduct the necessary proceeding and meet various hearing and
due process requirements, jurisdiction and liability concerns,
retroactive payment of operational costs, and the extension of
the DDTP sunset date to continue the existing program.
Extension of the sunset date resulted in increasing the vote
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requirement to 2/3 from a simple majority.
GOVERNOR'S VETO MESSAGE :
This measure would expand funding for
telecommunications programs aimed at providing
toll-free access and operational costs for the
establishment of telephonic reading systems for
individuals who are visually impaired.
I am concerned that implementation of this program
could negatively affect funding for other important
activities within the Deaf and Disabled
Telecommunications Program (DDTP). In addition,
spending caps within the DDTP could be impacted by the
implementation of a telephonic reading system,
particularly when there are no complete estimates of
the level of use anticipated for these systems. I
believe it is premature to enact this measure without
the data sufficient to estimate the impact of the
program.
I do, however, support actions that enhance the
quality of life for blind Californians. Last year, my
budget included more than $70,000 for recreational
therapists, $200,000 for three additional teachers and
provided $200,000 for Braille transcription at the
California Special School for the Blind. I also
signed a bill last year that allowed for publishers of
instructional materials to provide software for
transcription into Braille.
I would be open to a bill next year that would allow
the Public Utilities Commission (PUC) to determine,
after appropriate review, how the blind could be
further accommodated by this fund.
Analysis Prepared by : Jonathan Buttle / U. & C. / (916)
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319-2083
FN: 0007564