BILL NUMBER: AB 1197 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Torrico
FEBRUARY 27, 2009
An act to amend Sections 8592.1, 8592.4, and 8592.5 of the
Government Code, relating to public safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 1197, as introduced, Torrico. Public safety: radio
communications.
Existing law, the Public Safety Communication Act of 2002,
provides that the Public Safety Radio Strategic Planning Committee
shall have primary responsibility in state government to develop and
implement a statewide integrated public safety communication system
that facilitates interoperability among state public safety
departments and other first response agencies and to coordinate other
shared uses of the public safety spectrum. It requires the committee
to make recommendations for state agency purchase of public safety
radio subscriber equipment that will enable those agencies to
commence conforming to industry and governmental interoperability
standards. Existing law specifies that, as technology evolves, the
committee shall recommend the purchase of nonproprietary equipment or
systems that have open architecture and backward compatibility. The
act defines "nonproprietary equipment or systems," "open
architecture," "backward compatibility," and other related terms for
these purposes.
This bill would delete references in these provisions to
"nonproprietary" equipment or systems and instead specify
standards-based equipment or systems, defined to mean equipment or
systems that are built to a voluntary, consensus-based industry
standard or a governmentally recognized standard, as applicable, to
enable the equipment or system to function with another manufacturer'
s equipment or system. It would recast the definition of "backward
compatibility" to mean equipment or systems that are able to function
with prior versions of the equipment or systems or to operate with
legacy equipment or systems. It also would require that the committee
ensure that its recommendations for radio or other technology are
consistent and compatible with recommendations and standards
established by the United States Department of Homeland Security or
the Federal Communications Commission, or both, as applicable.
The act authorizes, but does not require, the committee to make
similar equipment recommendations to any other federal, state,
regional, or local entity with responsibility for developing,
operating, or monitoring interoperability of the public safety
spectrum.
This bill would authorize the California Emergency Management
Agency, rather than the committee, to recommend equipment to these
other entities. It would also recast other provisions specifying
certain industry standards and make conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
AB 1197, as introduced, Torrico. Public safety: radio
communications.
Existing law, the Public Safety Communication Act of 2002,
provides that the Public Safety Radio Strategic Planning Committee
shall have primary responsibility in state government to develop and
implement a statewide integrated public safety communication system
that facilitates interoperability among state public safety
departments and other first response agencies and to coordinate other
shared uses of the public safety spectrum. It requires the committee
to make recommendations for state agency purchase of public safety
radio subscriber equipment that will enable those agencies to
commence conforming to industry and governmental interoperability
standards. Existing law specifies that, as technology evolves, the
committee shall recommend the purchase of nonproprietary equipment or
systems that have open architecture and backward compatibility. The
act defines "nonproprietary equipment or systems," "open
architecture," "backward compatibility," and other related terms for
these purposes.
This bill would delete references in these provisions to
"nonproprietary" equipment or systems and instead specify
standards-based equipment or systems, defined to mean equipment or
systems that are built to a voluntary, consensus-based industry
standard or a governmentally recognized standard, as applicable, to
enable the equipment or system to function with another manufacturer'
s equipment or system. It would recast the definition of "backward
compatibility" to mean equipment or systems that are able to function
with prior versions of the equipment or systems or to operate with
legacy equipment or systems. It also would require that the committee
ensure that its recommendations for radio or other technology are
consistent and compatible with recommendations and standards
established by the United States Department of Homeland Security or
the Federal Communications Commission, or both, as applicable.
The act authorizes, but does not require, the committee to make
similar equipment recommendations to any other federal, state,
regional, or local entity with responsibility for developing,
operating, or monitoring interoperability of the public safety
spectrum.
This bill would authorize the California Emergency Management
Agency, rather than the committee, to recommend equipment to these
other entities. It would also recast other provisions specifying
certain industry standards and make conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The need to enhance the ability of public safety agencies from
neighboring cities, adjacent counties, and across the state to
communicate with one another during emergencies has become more
evident and essential since the terrorist attacks on September 11,
2001. The events of September 11, as well as recent federally
declared natural disasters, clearly demonstrated the need for law
enforcement, firefighters, emergency medical services personnel, and
related public and private agencies that have public safety
responsibilities to be able to effectively communicate in times of
need so resources can be properly utilized and lives can be saved.
(b) Currently, it is largely impossible for public safety agencies
in this state to communicate with each other because of all the
different communications systems and frequencies being utilized by
these agencies. This problem has been examined by the California
Statewide Interoperability Executive Committee, the Public Safety
Radio Strategic Planning Committee, and the Legislature.
(c) As the state moves to develop regional narrowband or wideband
"Project 25" communications systems, the governance of the systems
will be the key to success. There are some basic elements that must
be included for any regional system to work effectively, including
the following:
(1) Regional systems should be established taking into
consideration topography, contiguous urban areas, and operational
efficiency with respect to response agreements with local public
safety agencies and, at minimum, should serve a county and be capable
of interlinking with other systems simultaneously in real time.
(2) Regional systems must be compliant with current and applicable
standards.
(3) Regional systems should be developed based on a shared
governance model, with the use of a joint powers agreement being one
workable model. The governance board responsibilities would include,
but not be limited to, establishing advisory committees to develop
recommendations on system operational issues, technical upgrades, and
system financial planning.
(4) Regional systems should be developed using costing models that
include subscriber fees that cover system operational costs,
personnel needed to manage the network, technical upgrades or
enhancements, and system replacement costs.
(5) Regional spectrum-based interoperability systems should be
sized to include sufficient frequency capacity to serve all public
interests including state, county, local government, and special
districts.
(d) In addition to "Project 25" systems, public safety agencies
are expected to continue to use legacy radio systems and, in the
future, to participate in the national broadband public safety
network authorized by the Federal Communications Commission.
Interoperability planning must consider all such systems and further
one or more of the following goals in conjunction with ongoing
regional and statewide planning efforts:
(1) To ensure interoperable functionality of wireless network
devices in support of mutual aid.
(2) To ensure the ability of public safety agencies to communicate
with each other within the region and outside the region in support,
and with state, county, local government, and special districts as
applicable.
(3) To ensure interoperability with legacy public safety systems
operating in the region.
(4) To enable interoperable broadband communications systems in
support of data, sensor, and video technology.
SEC. 2. Section 8592.1 of the Government Code is amended to read:
8592.1. For purposes of this article, the following terms have
the following meanings:
(a) "Backward compatibility" means that the
equipment is or systems purchased are
able to function with older, existing prior
versions of the equipment or systems, or to operate with
legacy equipment or systems .
(b) "California Emergency Management Agency" or "Cal EMA" means
the executive branch entity, or its successor, responsible for
emergency management of state entities.
(b)
(c) "Committee" means the Public Safety Radio Strategic
Planning Committee, which was established in December 1994 in
recognition of the need to improve existing public radio systems and
to develop interoperability among public safety departments and
between state public safety departments and local or federal
entities, and which consists of representatives of the following
state entities:
(1) The Office of Emergency Services
California Emergency Management Agency , who shall serve as
chairperson.
(2) The Department of the California Highway Patrol.
(3) The Department of Transportation.
(4) The Department of Corrections and Rehabilitation.
(5) The Department of Parks and Recreation.
(6) The Department of Fish and Game.
(7) The Department of Forestry and Fire Protection.
(8) The Department of Justice.
(9) The Department of Water Resources.
(10) The State Department of Public Health.
(11) The Emergency Medical Services Authority.
(12) The Department of General Services.
(13) The Office of Homeland Security.
(14)
(13) The Military Department.
(15)
(14) The Department of Finance.
(c)
(d) "First response agencies" means public agencies
that, in the early states of an incident, are responsible for, among
other things, the protection and preservation of life, property,
evidence, and the environment, including, but not limited to, state
fire agencies, state and local emergency medical services agencies,
local sheriffs' departments, municipal police departments, county and
city fire departments, and police and fire protection districts.
(d) "Nonproprietary equipment or systems" means equipment or
systems that are able to function with another manufacturer's
equipment or system regardless of type or design.
(e) "Open architecture" means a system that can accommodate
equipment from various vendors because it is not a
proprietary system standards based .
(f) "Public safety radio subscriber" means the ultimate end user.
Subscribers include individuals or organizations, including, for
example, local police departments, fire departments, and other
operators of a public safety radio system. Typical subscriber
equipment includes end instruments, including
client devices, mobile radios, hand-held radios, mobile
repeaters, fixed repeaters, transmitters, or receivers that are
interconnected to utilize assigned public safety communications
frequencies.
(g) "Public safety spectrum" means the spectrum allocated by the
Federal Communications Commission for operation of interoperable and
general use radio communication systems for public safety purposes
within the state.
(h) "Standards-based equipment or systems" means equipment or
systems that are built to a voluntary, consensus-based industry
standard or a governmentally recognized industry standard, as
applicable, to enable the equipment or system to function with
another manufacturer's equipment or system.
SEC. 3. Section 8592.4 of the Government Code is amended to read:
8592.4. (a) The committee shall determine which state public
safety departments listed in subdivision (b) of Section 8592.1 need
new or upgraded communication equipment and shall establish a program
for equipment purchase. In establishing this program, the committee
shall recommend the purchase of public safety radio subscriber
equipment that will enable state agencies to commence conforming to
industry and governmental standards for interoperability as set forth
in Section 8592.5. As technology continues to evolve, the
The committee shall recommend the purchase of
nonproprietary standards-based
equipment or systems that have open architecture and backward
compatibility whenever possible , and that are in
compliance with paragraphs (1) and (2) of subdivision (a) of Section
8592.5. The committee shall ensure that its recommendations for
radio or other technology are consistent and compatible with those
recommendations and standards established by the United States
Department of Homeland Security or the Federal Communications
Commission, or both, as applicable.
(b) The committee California Emergency
Management Agency may recommend to any other
federal, state, regional, or local entity with responsibility for
developing, operating, or monitoring interoperability of the public
safety spectrum, the purchase of public safety radio subscriber
equipment that will enable first response agencies to commence
conforming to industry and governmental standards for
interoperability as set forth in paragraphs (1) and (2) of
subdivision (a) of Section 8592.5. As technology continues
to evolve, the committee Cal EMA may recommend
the purchase of nonproprietary equipment or systems that
have open architecture and backward compatibility, and that are
, in addition to standards-based radio
subscriber equipment, other standards-based equipment or systems that
are backward compatible. Recommended radio systems shall be in
compliance with paragraphs (1) and (2) of subdivision (a) of Section
8592.5.
(c) This section does not mandate that a state or local
governmental agency affected by this section is required to
compromise its immediate mission or ability to function and carry out
its existing responsibilities.
SEC. 4. Section 8592.5 of the Government Code is amended to read:
8592.5. (a) Except as provided in subdivision (c), a state
department that purchases public safety radio communication equipment
or systems shall ensure that the equipment purchased
complies with applicable provisions of the following:
(1) The For radio-based technology, the
common system standards for digital public safety radio
communications commonly referred to as the "Project 25 Standard,"
or ANSI/TIA-102 series of standards, as that
standard those standards may be amended,
revised, or added to in the future jointly by the Associated
Public-Safety Communications Officials, Inc., National Association of
State Telecommunications Directors , and agencies of the
federal government, commonly referred to as "APCO/NASTD/FED."
(2) The For radio-based technology, the
operational and functional requirements delineated in the
Statement of Requirements for Public Safety Wireless Communications
and Interoperability developed by the SAFECOM Program under the
United States Department of Homeland Security.
(3) For radio-based technology, voluntary consensus-based standard
technology that will be used in the construction of the
FCC-authorized national public safety broadband network.
(4) For IP interoperability solutions, use a standards-based
equipment or systems.
(b) Except as provided in subdivision (c), a local first response
agency that purchases public safety radio communication equipment, in
whole or in part, with state funds or federal funds administered by
the state, shall ensure that the equipment purchased complies with
paragraphs (1) and (2) of subdivision (a).
(c) Subdivision (a) or (b) shall not apply to either
any of the following:
(1) Purchases of equipment to operate with existing state or local
communications systems where the latest applicable standard will not
be compatible, as verified by the Telecommunications Division of the
Department of General Services.
(2) Purchases of equipment for existing statewide low-band public
safety communications systems.
(3) Purchases of standards-based IP interoperability solutions or
systems that link radio systems together.
(d) This section may shall not be
construed to require an affected state or local governmental agency
to compromise its immediate mission or ability to function and carry
out its existing responsibilities.
SECTION 1. The Legislature finds and declares all of the
following:
(a) The need to enhance the ability of public safety agencies from
neighboring cities, adjacent counties, and across the state to
communicate with one another during emergencies has become more
evident and essential since the terrorist attacks on September 11,
2001. The events of September 11, as well as recent federally
declared natural disasters, clearly demonstrated the need for law
enforcement, firefighters, emergency medical services personnel, and
related public and private agencies that have public safety
responsibilities to be able to effectively communicate in times of
need so resources can be properly utilized and lives can be saved.
(b) Currently, it is largely impossible for public safety agencies
in this state to communicate with each other because of all the
different communications systems and frequencies being utilized by
these agencies. This problem has been examined by the California
Statewide Interoperability Executive Committee, the Public Safety
Radio Strategic Planning Committee, and the Legislature.
(c) As the state moves to develop regional narrowband or wideband
"Project 25" communications systems, the governance of the systems
will be the key to success. There are some basic elements that must
be included for any regional system to work effectively, including
the following:
(1) Regional systems should be established taking into
consideration topography, contiguous urban areas, and operational
efficiency with respect to response agreements with local public
safety agencies and, at minimum, should serve a county and be capable
of interlinking with other systems simultaneously in real time.
(2) Regional systems must be compliant with current and applicable
standards.
(3) Regional systems should be developed based on a shared
governance model, with the use of a joint powers agreement being one
workable model. The governance board responsibilities would include,
but not be limited to, establishing advisory committees to develop
recommendations on system operational issues, technical upgrades, and
system financial planning.
(4) Regional systems should be developed using costing models that
include subscriber fees that cover system operational costs,
personnel needed to manage the network, technical upgrades or
enhancements, and system replacement costs.
(5) Regional spectrum-based interoperability systems should be
sized to include sufficient frequency capacity to serve all public
interests including state, county, local government, and special
districts.
(d) In addition to "Project 25" systems, public safety agencies
are expected to continue to use legacy radio systems and, in the
future, to participate in the national broadband public safety
network authorized by the Federal Communications Commission.
Interoperability planning must consider all such systems and further
one or more of the following goals in conjunction with ongoing
regional and statewide planning efforts:
(1) To ensure interoperable functionality of wireless network
devices in support of mutual aid.
(2) To ensure the ability of public safety agencies to communicate
with each other within the region and outside the region in support,
and with state, county, local government, and special districts as
applicable.
(3) To ensure interoperability with legacy public safety systems
operating in the region.
(4) To enable interoperable broadband communications systems in
support of data, sensor, and video technology.
SEC. 2. Section 8592.1 of the Government Code is amended to read:
8592.1. For purposes of this article, the following terms have
the following meanings:
(a) "Backward compatibility" means that the
equipment is or systems purchased are
able to function with older, existing prior
versions of the equipment or systems, or to operate with
legacy equipment or systems .
(b) "California Emergency Management Agency" or "Cal EMA" means
the executive branch entity, or its successor, responsible for
emergency management of state entities.
(b)
(c) "Committee" means the Public Safety Radio Strategic
Planning Committee, which was established in December 1994 in
recognition of the need to improve existing public radio systems and
to develop interoperability among public safety departments and
between state public safety departments and local or federal
entities, and which consists of representatives of the following
state entities:
(1) The Office of Emergency Services
California Emergency Management Agency , who shall serve as
chairperson.
(2) The Department of the California Highway Patrol.
(3) The Department of Transportation.
(4) The Department of Corrections and Rehabilitation.
(5) The Department of Parks and Recreation.
(6) The Department of Fish and Game.
(7) The Department of Forestry and Fire Protection.
(8) The Department of Justice.
(9) The Department of Water Resources.
(10) The State Department of Public Health.
(11) The Emergency Medical Services Authority.
(12) The Department of General Services.
(13) The Office of Homeland Security.
(14)
(13) The Military Department.
(15)
(14) The Department of Finance.
(c)
(d) "First response agencies" means public agencies
that, in the early states of an incident, are responsible for, among
other things, the protection and preservation of life, property,
evidence, and the environment, including, but not limited to, state
fire agencies, state and local emergency medical services agencies,
local sheriffs' departments, municipal police departments, county and
city fire departments, and police and fire protection districts.
(d) "Nonproprietary equipment or systems" means equipment or
systems that are able to function with another manufacturer's
equipment or system regardless of type or design.
(e) "Open architecture" means a system that can accommodate
equipment from various vendors because it is not a
proprietary system standards based .
(f) "Public safety radio subscriber" means the ultimate end user.
Subscribers include individuals or organizations, including, for
example, local police departments, fire departments, and other
operators of a public safety radio system. Typical subscriber
equipment includes end instruments, including
client devices, mobile radios, hand-held radios, mobile
repeaters, fixed repeaters, transmitters, or receivers that are
interconnected to utilize assigned public safety communications
frequencies.
(g) "Public safety spectrum" means the spectrum allocated by the
Federal Communications Commission for operation of interoperable and
general use radio communication systems for public safety purposes
within the state.
(h) "Standards-based equipment or systems" means equipment or
systems that are built to a voluntary, consensus-based industry
standard or a governmentally recognized industry standard, as
applicable, to enable the equipment or system to function with
another manufacturer's equipment or system.
SEC. 3. Section 8592.4 of the Government Code is amended to read:
8592.4. (a) The committee shall determine which state public
safety departments listed in subdivision (b) of Section 8592.1 need
new or upgraded communication equipment and shall establish a program
for equipment purchase. In establishing this program, the committee
shall recommend the purchase of public safety radio subscriber
equipment that will enable state agencies to commence conforming to
industry and governmental standards for interoperability as set forth
in Section 8592.5. As technology continues to evolve, the
The committee shall recommend the purchase of
nonproprietary standards-based
equipment or systems that have open architecture and backward
compatibility whenever possible , and that are in
compliance with paragraphs (1) and (2) of subdivision (a) of Section
8592.5. The committee shall ensure that its recommendations for
radio or other technology are consistent and compatible with those
recommendations and standards established by the United States
Department of Homeland Security or the Federal Communications
Commission, or both, as applicable.
(b) The committee California Emergency
Management Agency may recommend to any other
federal, state, regional, or local entity with responsibility for
developing, operating, or monitoring interoperability of the public
safety spectrum, the purchase of public safety radio subscriber
equipment that will enable first response agencies to commence
conforming to industry and governmental standards for
interoperability as set forth in paragraphs (1) and (2) of
subdivision (a) of Section 8592.5. As technology continues
to evolve, the committee Cal EMA may recommend
the purchase of nonproprietary equipment or systems that
have open architecture and backward compatibility, and that are
, in addition to standards-based radio
subscriber equipment, other standards-based equipment or systems that
are backward compatible. Recommended radio systems shall be in
compliance with paragraphs (1) and (2) of subdivision (a) of Section
8592.5.
(c) This section does not mandate that a state or local
governmental agency affected by this section is required to
compromise its immediate mission or ability to function and carry out
its existing responsibilities.
SEC. 4. Section 8592.5 of the Government Code is amended to read:
8592.5. (a) Except as provided in subdivision (c), a state
department that purchases public safety radio communication equipment
or systems shall ensure that the equipment purchased
complies with applicable provisions of the following:
(1) The For radio-based technology, the
common system standards for digital public safety radio
communications commonly referred to as the "Project 25 Standard,"
or ANSI/TIA-102 series of standards, as that
standard those standards may be amended,
revised, or added to in the future jointly by the Associated
Public-Safety Communications Officials, Inc., National Association of
State Telecommunications Directors , and agencies of the
federal government, commonly referred to as "APCO/NASTD/FED."
(2) The For radio-based technology, the
operational and functional requirements delineated in the
Statement of Requirements for Public Safety Wireless Communications
and Interoperability developed by the SAFECOM Program under the
United States Department of Homeland Security.
(3) For radio-based technology, voluntary consensus-based standard
technology that will be used in the construction of the
FCC-authorized national public safety broadband network.
(4) For IP interoperability solutions, use a standards-based
equipment or systems.
(b) Except as provided in subdivision (c), a local first response
agency that purchases public safety radio communication equipment, in
whole or in part, with state funds or federal funds administered by
the state, shall ensure that the equipment purchased complies with
paragraphs (1) and (2) of subdivision (a).
(c) Subdivision (a) or (b) shall not apply to either
any of the following:
(1) Purchases of equipment to operate with existing state or local
communications systems where the latest applicable standard will not
be compatible, as verified by the Telecommunications Division of the
Department of General Services.
(2) Purchases of equipment for existing statewide low-band public
safety communications systems.
(3) Purchases of standards-based IP interoperability solutions or
systems that link radio systems together.
(d) This section may shall not be
construed to require an affected state or local governmental agency
to compromise its immediate mission or ability to function and carry
out its existing responsibilities.