BILL NUMBER: AB 1197	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2009

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 amended, 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 equipment or systems
purchased are able to function with 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.
   (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 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 Military Department.
   (14) The Department of Finance.
   (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.
   (e) "Open architecture" means a system that can accommodate
equipment from various vendors because it is  standards
based.   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 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. The committee shall recommend the purchase of
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 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. Cal EMA may recommend the
purchase of, 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  or systems 
purchased complies with applicable provisions of the following:
   (1) 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
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) 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 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 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.