BILL NUMBER: AB 2408 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 15, 2010
AMENDED IN ASSEMBLY MAY 11, 2010
INTRODUCED BY Assembly Members Smyth and Huber
FEBRUARY 19, 2010
An act to amend Sections 8592.1, 8592.5, 8592.7, 11532, 11534,
11535, 11537, 11539, 11540, 11541, 11541.5, 11542, 11543, 11544,
11545, 11546, 11546.5, 11549, 11549.1, 11549.3, 11549.5,
12804, 14995, 15251, 15253, 15254, 15275, 15277, 53108.5, 53113,
53114, 53114.1, 53114.2, 53115, 53115.1, 53115.2, 53115.3, 53116,
53119, 53120, 53126.5, and 53127 of, to amend the headings of Article
2 (commencing with Section 11534) and Article 3 (commencing with
Section 11544) of Chapter 5.5 of Part 1 of Division 3 of Title 2 of,
to amend the heading of Chapter 5.7 (commencing with Section 11549)
of Part 1 of Division 3 of Title 2 of, to amend and renumber Section
11549.6 of, to add Sections 11546.1, 11546.2, 11546.3,
11549.7 , and 11549.8 to, to add the headings of Article 1
(commencing with Section 11549) and Article 2 (commencing with
Section 11549.5) to Chapter 5.7 of Part 1 of Division 3 of Title 2
of, and to repeal Sections 11548.5 and 11549.2
, 11549.2, and Chapter 9 (commencing with Section 14930) of Part
5.5 of Division 3 of Title 2 of, the Government Code, to amend
Sections 12100.7, 12101, 12103, 12104, 12105, 12120, and 12121 of
the Public Contract Code, to amend Sections 2872.5, 2892, and
2892.1 of the Public Utilities Code, to amend Sections 41030,
41031, 41032, 41136.1, 41137, 41137.1, 41138, 41139, 41140, 41141,
and 41142 of the Revenue and Taxation Code, and to amend Section
16501.7 of the Welfare and Institutions Code, relating to state
government information technology.
LEGISLATIVE COUNSEL'S DIGEST
AB 2408, as amended, Smyth. State government information
technology.
(1) Existing law, the Governor's Reorganization Plan No. 1 of 2009
(GRP No. 1) , transferred all the duties, functions,
employees, property, and related funding of the Division of
Telecommunications in the Department of General Services to the
office of the State Chief Information Officer. The plan also renamed
and transferred the Department of Technology Services in the State
and Consumer Services Agency to the Office of the Department of
Technology Services within the office of the State Chief Information
Officer, renamed the Department of Technology Services Revolving Fund
the Technology Services Revolving Fund, and made conforming changes.
The plan eliminated the Office of Information Security and Privacy
Protection, and instead created the Office of Information Security
within the office of the State Chief Information Officer, and the
Office of Privacy Protection within the State and Consumer Services
Agency, with a division of the duties, personnel, property, and
funding of the Office of Information Security and Privacy Protection
between the 2 offices. The plan also transferred duties relating to
the state's procurement of information technology from the Department
of Finance, the Department of General Services, and the Department
of Information Technology to the office of the State Chief
Information Officer.
Existing law requires the Legislative Counsel to prepare for
introduction not later than the next regular session of the
Legislature occurring more than 90 days after the effective date of
GRP No. 1, a bill effecting these changes in the statutes to reflect
the changes made by the plan.
This bill would make the statutory codification changes made
necessary by the plan.
(2) Existing law, until January 1, 2013, creates the office of the
State Chief Information Officer, within the Governor's cabinet, with
a State Chief Information Officer having specified duties in
creating and managing the technology policy of the state.
Existing law requires the Department of General Services to perform
certain duties related to state information technology.
This bill would delete the provision repealing the provisions
establishing the office of the State Chief Information Officer, thus
allowing those provisions to continue in effect indefinitely.
This bill would rename the office of the State Chief Information
Officer to the California Technology Agency and the position of the
State Chief Information Officer to the Secretary of California
Technology and impose additional duties on both regarding state
information technology governance and implementation. The bill would
also transfer specified state information technology-related duties
from the Department of General Services to the California Technology
Agency and create the positions of chief information officer and
information security officer in specified state agencies, as defined,
and state entities. This bill would also make technical and
conforming statutory 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. 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 able to
function with older, existing equipment.
(b) "Committee" means the Public Safety Radio Strategic Planning
Committee, that 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 that
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 office of the State Chief Information Officer.
(12) The California Technology Agency.
(13) The Military Department.
(14) The Department of Finance.
(c) "First response agencies" means public agencies that, in the
early stages 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.
(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 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.
SEC. 2. 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
shall ensure that the equipment purchased complies with applicable
provisions of the following:
(1) The common system standards for digital public safety radio
communications commonly referred to as the "Project 25 Standard," as
that standard may be amended, revised, or added to in the future
jointly by the Associated Association of
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 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.
(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 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 office of the State Chief
Information Officer. California Technology Agency.
(2) Purchases of equipment for existing statewide low-band public
safety communications systems.
(d) This section may 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.
SEC. 3. Section 8592.7 of the Government Code is amended to read:
8592.7. (a) A budget proposal submitted by a state agency for
support of a new or modified radio system shall be accompanied by a
technical project plan that includes all of the following:
(1) The scope of the project.
(2) Alternatives considered.
(3) Justification for the proposed solution.
(4) A project implementation plan.
(5) A proposed timeline.
(6) Estimated costs by fiscal year.
(b) The committee shall review the plans submitted pursuant to
subdivision (a) for consistency with the statewide integrated public
safety communication strategic plan included in the annual report
required pursuant to Section 8592.6.
(c) The office of the State Chief Information Officer
California Technology Agency shall review the
plans submitted pursuant to subdivision (a) for consistency with the
technical requirements of the statewide integrated public safety
communication strategic plan included in the annual report required
pursuant to Section 8592.6.
SEC. 4. Section 11532 of the Government Code is amended to read:
11532. For purposes of this chapter, the following terms shall
have the following meanings, unless the context requires otherwise:
(a) "Board member" means a member of the Technology Services
Board.
(b) "Board" means the Technology Services Board created pursuant
to Section 11535.
(c) "Director" means the Director of the Office of Technology
Services.
(d) "Technology" includes, but is not limited to, all electronic
technology systems and services, automated information handling,
system design and analysis, conversion of data, computer programming,
information storage and retrieval, and business telecommunications
systems and services.
(e) "Business telecommunications systems and services" includes,
but is not limited to, wireless or wired systems for transport of
voice, video, and data communications, network systems, requisite
facilities, equipment, system controls, simulation, electronic
commerce, and all related interactions between people and machines.
Public safety communications are excluded from this definition.
(f) "Public agencies" include, but are not limited to, all state
and local governmental agencies in the state, including cities,
counties, other political subdivisions of the state, state
departments, agencies, boards, and commissions, and departments,
agencies, boards, and commissions of other states and federal
agencies.
SEC. 5. The heading of Article 2 (commencing with Section 11534)
of Chapter 5.5 of Part 1 of Division 3 of Title 2 of the Government
Code is amended to read:
Article 2. Office of Technology Services
SEC. 6. Section 11534 of the Government Code is amended to read:
11534. (a) There is in state government, in the office
of the State Chief Information Officer California
Technology Agency , the Office of Technology Services.
(b) The purpose of this article is to establish a general purpose
technology services provider to serve the common technology needs of
executive branch entities with accountability to customers for
providing secure services that are responsive to client needs at a
cost representing best value to the state.
(c) The purpose of this chapter is to improve and coordinate the
use of technology and to coordinate and cooperate with all public
agencies in the state in order to eliminate duplications and to bring
about economies that could not otherwise be obtained.
(d) Unless the context clearly requires otherwise, whenever the
term "Department of Technology Services" appears in any statute,
regulation, or contract, it shall be deemed to refer to the Office of
Technology Services, and whenever the term "Director of Technology
Services" appears in statute, regulation, or contract, it shall be
deemed to refer to the State Chief Information Officer
Secretary of California Technology .
(e) Unless the context clearly requires otherwise, the Office of
Technology Services and the State Chief Information Officer
Secretary of California Technology succeed to
and are vested with all the duties, powers, purposes,
responsibilities, and jurisdiction vested in the former Department of
Technology Services and the former Director of Technology Services,
respectively.
(f) All employees serving in state civil service, other than
temporary employees, who are engaged in the performance of functions
transferred to the Office of Technology Services, are transferred to
the Office of Technology Services. The status, positions, and rights
of those persons shall not be affected by their transfer and shall
continue to be retained by them pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5), except as
to positions the duties of which are vested in a position exempt
from civil service. The personnel records of all transferred
employees shall be transferred to the Office of Technology Services.
(g) The property of any office, agency, or department related to
functions transferred to the Office of Technology Services is
transferred to the Office of Technology Services. If any doubt arises
as to where that property is transferred, the Department of General
Services shall determine where the property is transferred.
(h) All unexpended balances of appropriations and other funds
available for use in connection with any function or the
administration of any law transferred to the Office of Technology
Services shall be transferred to the Office of Technology Services
for the use and for the purpose for which the appropriation was
originally made or the funds were originally available. If there is
any doubt as to where those balances and funds are transferred, the
Department of Finance shall determine where the balances and funds
are transferred.
SEC. 7. Section 11535 of the Government Code is amended to read:
11535. (a) There is, in the Office of Technology Services, the
Technology Services Board.
(b) The board shall consist of 13 members, as follows:
(1) The State Chief Information Officer
Secretary of California Technology , who shall serve as the
chair of the board.
(2) The Director of Finance, who shall serve as vice chair of the
board.
(3) The Controller.
(4) The Secretary of Food and Agriculture, the Secretary of
Business, Transportation and Housing, the Secretary of the Department
of Corrections and Rehabilitation, the Secretary for Environmental
Protection, the Secretary of California Health and Human Services,
the Secretary of Labor and Workforce Development, the Secretary of
the Natural Resources Agency, the Secretary of State and Consumer
Services, and the Secretary of Veterans Affairs.
(5) The Secretary of California Emergency Management.
SEC. 8. Section 11537 of the Government Code is amended to read:
11537. (a) The State Chief Information Officer
Secretary of California Technology shall engage an
independent firm of certified public accountants to conduct an annual
financial audit of all accounts and transactions of the Office of
Technology Services. The audit shall be conducted in accordance with
generally accepted government auditing standards. The audited
financial statements shall be presented to the board, the Governor,
and the Legislature not more than 120 days after the close
of the fiscal year. submittal of the annual financial
statements.
(b) The State Chief Information Officer
Secretary of California Technology may arrange for other audits
as are necessary or prudent to ensure proper oversight and
management of the Office of Technology Services.
SEC. 9. Section 11539 of the Government Code is amended to read:
11539. The director shall be responsible for managing the affairs
of the Office of Technology Services and shall perform all duties,
exercise all powers and jurisdiction, and assume and discharge all
responsibilities necessary to carry out the purposes of this chapter.
The Office of Technology Services shall employ professional,
clerical, technical, and administrative personnel as necessary to
carry out this chapter.
SEC. 10. Section 11540 of the Government Code is amended to read:
11540. (a) The director shall propose for board consideration and
approval an annual budget for the Office of Technology Services'
operations.
(b) The State Chief Information Officer
Secretary of California Technology shall propose for board
consideration rates for Office of Technology Services' services based
on a formal rate methodology approved by the board. At least 60 days
before submitting proposed rates to the board, the State
Chief Information Officer Secretary of California
Technology shall submit the proposed rates to the Department of
Finance. Submittal of the rates to the Department of Finance shall
be in a format and timeframe determined by the Department of Finance.
The Department of Finance shall prepare a report for the board
evaluating the reasonableness of the proposed rates and any
significant impact the Office of Technology Services' rates are
likely to have upon the budgets of other departments.
(c) It is the intent of the Legislature that this section
supersede Section 11540 of the Government Code, as added by Section 1
of the Governor's Reorganization Plan No. 2, effective July 9, 2005.
SEC. 11. Section 11541 of the Government Code is amended to read:
11541. (a) The Office of Technology Services may acquire,
install, equip, maintain, and operate new or existing business
telecommunications systems and services. Acquisitions for information
technology goods and services shall be made pursuant to Chapter 3
(commencing with Section 12100) of Part 2 of Division 2 of the Public
Contract Code. To accomplish that purpose, the Office of Technology
Services may enter into contracts, obtain licenses, acquire personal
property, install necessary equipment and facilities, and do other
acts that will provide adequate and efficient business
telecommunications systems and services. Any system established shall
be made available to all public agencies in the state on terms that
may be agreed upon by the agency and the Office of Technology
Services.
(b) With respect to business telecommunications systems and
services, the Office of Technology Services may do all of the
following:
(1) Provide representation of public agencies before the Federal
Communications Commission in matters affecting the state and other
public agencies regarding business telecommunications systems and
services issues.
(2) Provide, upon request, advice to public agencies concerning
existing or proposed business telecommunications systems and services
between any and all public agencies.
(3) Recommend to public agencies rules, regulations, procedures,
and methods of operation that it deems necessary to effectuate the
most efficient and economical use of business telecommunications
systems and services within the state.
(4) Carry out the policies of this chapter.
(c) The Office of Technology Services has responsibilities with
respect to business telecommunications systems, services, policy, and
planning, which include, but are not limited to, all of the
following:
(1) Assessing the overall long-range business telecommunications
needs and requirements of the state considering both routine and
emergency operations for business telecommunications systems and
services, performance, cost, state-of-the-art technology, multiuser
availability, security, reliability, and other factors deemed to be
important to state needs and requirements.
(2) Developing strategic and tactical policies and plans for
business telecommunications with consideration for the systems and
requirements of public agencies.
(3) Recommending industry standards, service level agreements, and
solutions regarding business telecommunications systems and services
to ensure multiuser availability and compatibility.
(4) Providing advice and assistance in the selection of business
telecommunications equipment to ensure all of the following:
(A) Ensuring that the business telecommunications needs of state
agencies are met.
(B) Ensuring that procurement is compatible throughout state
agencies and is consistent with the state's strategic and tactical
plans for telecommunications.
(C) Ensuring that procurement is designed to leverage the buying
power of the state and encourage economies of scale.
(5) Providing management oversight of statewide business
telecommunications systems and services developments.
(6) Providing for coordination of, and comment on, plans and
policies and operational requirements from departments that utilize
business telecommunications systems and services as determined by the
Office of Technology Services.
(7) Monitoring and participating, on behalf of the state, in the
proceedings of federal and state regulatory agencies and in
congressional and state legislative deliberations that have an impact
on state governmental business telecommunications activities.
(d) The Office of Technology Services shall develop and describe
statewide policy on the use of business telecommunications systems
and services by state agencies. In the development of that policy,
the Office of Technology Services shall ensure that access to state
business information and services is improved, and that the policy is
cost effective for the state and its residents. The Office of
Technology Services shall develop guidelines that do all of the
following:
(1) Describe what types of state business information and services
may be accessed using business telecommunications systems and
services.
(2) Characterize the conditions under which a state agency may
utilize business telecommunications systems and services.
(3) Characterize the conditions under which a state agency may
charge for information and services.
(4) Specify pricing policies.
(5) Provide other guidance as may be appropriate at the discretion
of the Office of Technology Services.
(e) It is the intent of the Legislature that this section
supersede Section 11541 of the Government Code, as added by Section 1
of the Governor's Reorganization Plan No. 2, effective July 9, 2005.
SEC. 12. Section 11541.5 of the Government Code is amended to
read:
11541.5. (a) The Office of Technology Services shall create a
link to state agency Internet Web sites at the State of California
Internet portal specifically for the use of small businesses,
designed to assist entrepreneurs and small business owners in
accessing information regarding startup requirements and regulatory
compliance applicable to the particular business.
(b) For purposes of this section, "small business" has the same
meaning as set forth in Section 14837.
SEC. 13. Section 11542 of the Government Code is amended to read:
11542. (a) (1) The Stephen P. Teale Data Center and the
California Health and Human Services Agency Data Center are
consolidated within, and their functions are transferred to, the
Office of Technology Services.
(2) Except as expressly provided otherwise in this chapter, the
Office of Technology Services is the successor to, and is vested
with, all of the duties, powers, purposes, responsibilities, and
jurisdiction of the Stephen P. Teale Data Center, and the California
Health and Human Services Agency Data Center. Any reference in
statutes, regulations, or contracts to those entities with respect to
the transferred functions shall be construed to refer to the Office
of Technology Services unless the context clearly requires otherwise.
(3) No contract, lease, license, or any other agreement to which
either the Stephen P. Teale Data Center or the California Health and
Human Services Agency Data Center , is a party
shall be void or voidable by reason of this chapter, but shall
continue in full force and effect, with the Office of Technology
Services assuming all of the rights, obligations, and duties of the
Stephen P. Teale Data Center or the California Health and Human
Services Agency Data Center, respectively.
(4) Notwithstanding subdivision (e) of Section 11793 and
subdivision (e) of Section 11797, on and after the effective date of
this chapter, the balance of any funds available for expenditure by
the Stephen P. Teale Data Center and the California Health and Human
Services Agency Data Center, with respect to business
telecommunications systems and services functions in carrying out any
functions transferred to the Office of Technology Services by this
chapter, shall be transferred to the Technology Services Revolving
Fund created by Section 11544, and shall be made available for the
support and maintenance of the Office of Technology Services.
(5) All references in statutes, regulations, or contracts to the
former Stephen P. Teale Data Center Fund or the California Health and
Human Services Data Center Revolving Fund shall be construed to
refer to the Technology Services Revolving Fund unless the context
clearly requires otherwise.
(6) All books, documents, records, and property of the Stephen P.
Teale Data Center and the California Health and Human Services Agency
Data Center, excluding the Systems Integration Division, shall be
transferred to the Office of Technology Services.
(7) (A) All officers and employees of the former Stephen P. Teale
Data Center and the California Health and Human Services Agency Data
Center, are transferred to the Office of Technology Services.
(B) The status, position, and rights of any officer or employee of
the Stephen P. Teale Data Center and the California Health and Human
Services Agency Data Center, shall not be affected by the transfer
and consolidation of the functions of that officer or employee to the
Office of Technology Services.
(b) (1) All duties and functions of the Telecommunications
Division of the Department of General Services are transferred to
the office of the State Chief Information Officer.
the California Technology Agency.
(2) Unless the context clearly requires otherwise, whenever the
term "Telecommunications Division of the Department of General
Services" appears in any statute, regulation, or contract, it shall
be deemed to refer to the office of the State Chief
Information Officer California Technology Agency
.
(3) All employees serving in state civil service, other than
temporary employees, who are engaged in the performance of
functions transferred to the office of the State Chief Information
Officer, are transferred to the office of the State Chief Information
Officer. functions transferred to the California
Technology Agency, are transferred to the California Technology
Agency. The status, positions, and rights of those persons
shall not be affected by their transfer and shall continue to be
retained by them pursuant to the State Civil Service Act (Part 2
(commencing with Section 18500) of Division 5), except as to
positions the duties of which are vested in a position exempt from
civil service. The personnel records of all transferred employees
shall be transferred to the office of the State Chief
Information Officer. to the California Technology
Agency.
(4) The property of any office, agency, or department related
to functions transferred to the office of the State Chief
Information Officer is transferred to the office of the State Chief
Information Officer. to functions transferred to the
California Technology Agency, are transferred to the
California Technology Agency. If any doubt arises as to where
that property is transferred, the Department of General Services
shall determine where the property is transferred.
(5) All unexpended balances of appropriations and other funds
available for use in connection with any function or the
administration of any law transferred to the office of the
State Chief Information Officer shall be transferred to the office of
the State Chief Information Officer for the use and for the purpose
for California Technology Agency shall be transferred
to the California Technology Agency for the use and for the purpose
for which the appropriation was originally made or the funds
were originally available. If there is any doubt as to where those
balances and funds are transferred, the Department of Finance shall
determine where the balances and funds are transferred.
SEC. 14. Section 11543 of the Government Code is amended to read:
11543. (a) The State Chief Information Officer
Secretary of California Technology shall confer as
frequently as necessary or desirable, but not less than once every
quarter, with the board, on the operation and administration of the
Office of Technology Services. The State Chief Information
Officer Secretary of California Technology shall
make available for inspection by the board or any board member, upon
request, all books, records, files, and other information and
documents of the Office of Technology Services and recommend any
matters as he or she deems necessary and advisable to improve the
operation and administration of the Office of Technology Services.
(b) The State Chief Information Officer
Secretary of California Technology shall make and keep books
and records to permit preparation of financial statements in
conformity with generally accepted accounting principles and any
state policy requirements.
SEC. 15. The heading of Article 3 (commencing with Section 11544)
of Chapter 5.5 of Part 1 of Division 3 of Title 2 of the Government
Code is amended to read:
Article 3. Technology Services Revolving Fund
SEC. 16. Section 11544 of the Government Code, as added by Section
1 of Chapter 533 of the Statutes of 2006, is amended to read:
11544. (a) The Technology Services Revolving Fund, hereafter
known as the fund, is hereby created within the State Treasury. The
fund shall be administered by the State Chief Information
Officer, pursuant to the Office of Technology Services' plan of
operations, a plan of service offering as approved by the Technology
Services Board, to receive all revenues from the sale of technology
or technology services provided for in this chapter and all other
moneys properly credited to the board and the Office of Technology
Services from any other source, to pay, upon appropriation by the
Legislature, all costs arising from this chapter, including, but not
limited to, operating and other expenses of the board and the Office
of Technology Services and costs associated with approved information
technology projects, and to establish reserves. At the discretion of
the State Chief Information Officer, Secretary of
California Technology to receive all revenues from the sale of
technology or technology services, provided for in this chapter, for
other services rendered by the California Technology Agency, and all
other moneys properly credited to the California Technology Agency
from any other source, to pay, upon appropriation by the Legislature,
all costs arising from this chapter and rendering of services to
state and other public agencies, including, but not limited to,
employment and compensation of necessary personnel and expenses, such
as operating and other expenses of the board and the California
Technology Agency and costs associated with approved information
technology projects, and to establish reserves. At the discretion of
the Secretary of California Technology, segregated, dedicated
accounts within the fund may be established.
(b) The fund shall consist of all of the following:
(1) Moneys appropriated and made available by the Legislature for
the purpose purposes of this chapter.
(2) Any other moneys that may be made available to the
Office of Technology Services for the purpose of this chapter from
any California Technology Agency from any other
source, including the return from investments of moneys by the
Treasurer.
(c) The Office of Technology Services may collect payments from
public agencies for providing services to those agencies that the
agencies have contracted with the Office of Technology Services to
provide. The Office of Technology Services may require monthly
payments by client agencies for the services the agencies have
contracted the Office of Technology Services to provide. Pursuant to
Section 11255, the Controller shall transfer any amounts so
authorized by the Office of Technology Services, consistent with the
annual budget of each department, to the fund. The Office of
Technology Services shall notify each affected state agency upon
requesting the Controller to make the transfer.
(d) If the balance remaining in the fund at the end of any fiscal
year exceeds 25 percent of the Office of Technology Services' current
fiscal year budget, the excess amount shall be used to reduce the
billing rates for services rendered during the following fiscal year.
(e) It is the intent of the Legislature that this section
supersede Section 11544 of the Government Code, as added by Section 1
of the Governor's Reorganization Plan No. 2, effective July 9, 2005.
(c) The California Technology Agency may collect payments from
public agencies for providing services to those agencies that the
agencies have requested from the California Technology Agency. The
California Technology Agency may require monthly payments by client
agencies for the services the agencies have requested. Pursuant to
Section 11255, the Controller shall transfer any amounts so
authorized, consistent with the annual budget of each department, to
the fund. The California Technology Agency shall notify each affected
state agency upon requesting the Controller to make the transfer.
(d) As of the end of any fiscal year, if the balance remaining in
the fund at the end of that fiscal year exceeds 25 percent of the
portion of the California Technology Agency's current fiscal year
budget used for support of data center and other client services, the
excess amount shall be used to reduce the billing rates for services
rendered during the following fiscal year.
SEC. 17. Section 11545 of the
Government Code is amended to read:
11545. (a) (1) There is in state government
the office of the State Chief Information Officer
California Technology Agency . The State Chief
Information Officer Secretary of California Technology
shall be appointed by, and serve at the pleasure of, the
Governor, subject to Senate confirmation. The State Chief
Information Officer Secretary of California Technology
shall supervise the California Technology Agency and
be a member of the Governor's cabinet.
(2) Unless the context clearly requires otherwise, whenever the
term "office of the State Chief Information Officer" appears in any
statute, regulation, or contract, it shall be construed to refer to
the California Technology Agency, and whenever the term "State Chief
Information Officer" appears in any statute, regulation, or contract,
it shall be construed to refer to the Secretary of California
Technology.
(b) The duties of the State Chief Information Officer
Secretary of California Technology shall
include, but are not limited to, all of the following:
(1) Advising the Governor on the strategic management and
direction of the state's information technology resources.
(2) Establishing and enforcing state information technology
strategic plans, policies, standards, and enterprise architecture.
This shall include the periodic review and maintenance of the
information technology sections of the State Administrative Manual,
except for sections on information technology procurement procedures,
and information technology fiscal policy. The State Chief
Information Officer Secretary of California Technology
shall consult with the Director of General Services, the
Director of Finance, and other relevant agencies concerning policies
and standards these agencies are responsible to issue as they relate
to information technology.
(3) Minimizing overlap, redundancy, and cost in state operations
by promoting the efficient and effective use of information
technology.
(4) Providing technology direction to agency and department chief
information officers to ensure the integration of statewide
technology initiatives, compliance with information technology
policies and standards, and promote the alignment and effective
management of information technology services. Nothing in this
paragraph shall be deemed to limit the authority of a constitutional
officer, cabinet agency secretary, or department director to
establish programmatic priorities and business direction to the
respective agency or department chief information officer.
(5) Working to improve organizational maturity and capacity in the
effective management of information technology.
(6) Establishing performance management and improvement processes
to ensure state information technology systems and services are
efficient and effective.
(7) Approving, suspending, terminating, and reinstating
information technology projects.
(8) Performing enterprise information technology functions and
services, including, but not limited to, implementing Geographic
Information Systems (GIS), shared services, applications, and program
and project management activities in partnership with the owning
agency or department.
(c) The State Chief Information Officer
Secretary of California Technology shall produce an annual
information technology strategic plan that shall guide the
acquisition, management, and use of information technology. State
agencies shall cooperate with the office
agency in the development of this plan, as required by the
State Chief Information Officer Secretary of
California Technology .
(1) Upon establishment of the information technology strategic
plan, the State Chief Information Officer
Secretary of California Technology shall take all appropriate
and necessary steps to implement the plan, subject to any
modifications and adjustments deemed necessary and reasonable.
(2) The information technology strategic plan shall be submitted
to the Joint Legislative Budget Committee by January 15 ,
2009, and annually thereafter of every year .
(d) The State Chief Information Officer
Secretary of California Technology shall produce an annual
information technology performance report that shall assess and
measure the state's progress toward enhancing information technology
human capital management; reducing and avoiding costs associated with
the acquisition, development, implementation, management, and
operation of information technology assets, infrastructure, and
systems; improving energy efficiency in the use of information
technology assets; enhancing the security, reliability, and quality
of information technology networks, services, and systems; and
improving the information technology procurement process. The
office agency shall establish those
policies and procedures required to improve the performance of the
state's information technology program.
(1) The office agency shall submit
an information technology performance management framework to the
Joint Legislative Budget Committee by May 15, 2009, accompanied by
the most current baseline data for each performance measure or metric
contained in the framework. The information technology performance
management framework shall include the performance measures and
targets that the office agency will
utilize to assess the performance of the state's information
technology program. The office agency
shall provide notice to the Joint Legislative Budget Committee within
30 days of making changes to the framework. This notice shall
include the rationale for changes in specific measures or metrics.
(2) State agencies shall take all necessary steps to achieve the
targets set forth by the office agency
and shall report their progress to the office
agency on a quarterly basis.
(3) The information technology performance report shall be
submitted to the Joint Legislative Budget Committee by January 15
, 2010, and annually thereafter of every year
. To enhance transparency, the office
agency shall post performance targets and progress toward these
targets on its public Internet Web site.
(4) The office agency shall at least
annually report to the Director of Finance cost savings achieved
through improvements to the way the state acquires, develops,
implements, manages, and operates state technology assets,
infrastructure, and systems. This report shall be submitted in a
timeframe determined by the Department of Finance and shall identify
the actual savings achieved by each office, department, and agency.
SEC. 18. Section 11546 of the
Government Code is amended to read:
11546. (a) The office of the State Chief Information
Officer California Technology Agency shall be
responsible for the approval and oversight of information technology
projects, which shall include, but are not limited to, all of the
following:
(1) Establishing and maintaining a framework of policies,
procedures, and requirements for the initiation, approval,
implementation, management, oversight, and continuation of
information technology projects.
(2) Evaluating information technology projects based on the
business case justification, resources requirements, proposed
technical solution, project management, oversight and risk mitigation
approach, and compliance with statewide strategies, policies, and
procedures. Projects shall continue to be funded through the
established Budget Act process.
(3) Consulting with agencies during initial project planning to
ensure that project proposals are based on well-defined programmatic
needs, clearly identify programmatic benefits, and consider feasible
alternatives to address the identified needs and benefits consistent
with statewide strategies, policies, and procedures.
(4) Consulting with agencies prior to project initiation to review
the project governance and management framework to ensure that it is
best designed for success and will serve as a resource for agencies
throughout the project implementation.
(5) Requiring agencies to provide information on information
technology projects including, but not limited to, all of the
following:
(A) The degree to which the project is within approved scope,
cost, and schedule.
(B) Project issues, risks, and corresponding mitigation efforts.
(C) The current estimated schedule and costs for project
completion.
(6) Requiring agencies to perform remedial measures to achieve
compliance with approved project objectives. These remedial measures
may include, but are not limited to, any of the following:
(A) Independent assessments of project activities, the cost of
which shall be funded by the agency administering the project.
(B) Establishing remediation plans.
(C) Securing appropriate expertise, the cost of which shall be
funded by the agency administering the project.
(D) Requiring additional project reporting.
(E) Requiring approval to initiate any action identified in the
approved project schedule.
(7) Suspending, reinstating, or terminating information technology
projects. The office agency shall
notify the Joint Legislative Budget Committee of any project
suspension, reinstatement, and termination within 30 days of that
suspension, reinstatement, or termination.
(8) Establishing restrictions or other controls to mitigate
nonperformance by agencies, including, but not limited to, any of the
following:
(A) The restriction of future project approvals pending
demonstration of successful correction of the identified performance
failure.
(B) The revocation or reduction of delegated
authority for state agencies to initiate information technology
or telecommunications goods or services .
(b) The office of the State Chief Information Officer
California Technology Agency shall have the
authority to delegate to another agency any authority granted under
this section based on its assessment of the agency's project
management, project oversight, and project performance.
SEC. 19. Section 11546.1 is added to the
Government Code , to read:
11546.1. The California Technology Agency shall improve the
governance and implementation of information technology by
standardizing reporting relationships, roles, and responsibilities
for setting information technology priorities.
(a) (1) Each state agency shall have a chief information officer
who is appointed by the head of the state agency, or by the head's
designee, subject to the approval of the California Technology
Agency.
(2) A chief information officer appointed under this subdivision
shall do all of the following:
(A) Oversee the information technology portfolio and information
technology services within his or her state agency through the
operational oversight of information technology budgets of
departments, boards, bureaus, and offices within the state agency.
(B) Develop the enterprise architecture for his or her state
agency, subject to the review and approval of the California
Technology Agency, to rationalize, standardize, and consolidate
information technology applications, assets, infrastructure, data,
and procedures for all departments, boards, bureaus, and offices
within the state agency.
(C) Ensure that all departments, boards, bureaus, and offices
within the state agency are in compliance with the state information
technology policy.
(b) (1) Each state entity for which the Governor appoints the head
and that is not a state agency, as defined by subdivision (e), shall
have a chief information officer who is appointed by the head of the
state entity, subject to the approval of the California Technology
Agency.
(2) A chief information officer appointed under this subdivision
shall do all of the following:
(A) Supervise all information technology and telecommunications
activities within his or her state entity, including, but not limited
to, information technology, information security, and
telecommunications personnel, contractors, systems, assets, projects,
purchases, and contracts.
(B) Ensure the entity conforms with state information technology
and telecommunications policy and enterprise architecture.
(c) Each state agency shall have an information security officer
appointed by the head of the state agency, or the head's designee,
subject to the approval by the California Technology Agency. The
state agency's information security officer appointed under this
subdivision shall report to the state agency's chief information
officer.
(d) Each state entity for which the Governor appoints the head and
that is not a state agency, as defined by subdivision (e), shall
have an information security officer who is appointed by the head of
the entity, subject to the approval of the California Technology
Agency. An information security officer shall report to the chief
information officer of his or her state entity. The California
Technology Agency shall develop specific qualification criteria for
an information security officer. If a state entity cannot fund a
position for an information security officer, the entity's chief
information officer shall perform the duties assigned to the
information security officer. The chief information officer shall
coordinate with the California Technology Agency for any necessary
support.
(e) For purposes of this section, "state agency" means the
Business, Transportation and Housing Agency, Department of
Corrections and Rehabilitation, Department of Veterans Affairs, State
and Consumer Services Agency, Natural Resources Agency, California
Health and Human Services Agency, California Environmental Protection
Agency, Labor and Workforce Development Agency, and Department of
Food and Agriculture.
SEC. 20. Section 11546.2 is added to the
Government Code , to read:
11546.2. On or before February 1, 2011, and annually thereafter,
each state agency shall submit, as instructed by the California
Technology Agency, a summary of its actual and projected information
technology and telecommunications costs, including personnel, for the
immediately preceding fiscal year and current fiscal year, showing
current expenses and projected expenses for the current fiscal year,
in a format prescribed by the California Technology Agency in order
to capture statewide information technology expenditures.
SEC. 21. Section 11546.3 is added to the
Government Code , to read:
11546.3. (a) (1) A chief information officer appointed under
Section 11546.1 shall develop a plan to leverage cost-effective
strategies to reduce the total amount of energy utilized by
information technology and telecommunications equipment by 20 percent
below the 2009 baseline by July 1, 2011, and by 30 percent below the
2009 baseline by July 1, 2012.
(2) A chief information officer appointed under Section 11546.1
shall report the progress toward the energy reduction targets in
paragraph (1) to the California Technology Agency on a quarterly
basis beginning in January 2011. The California Technology Agency
shall include the quarterly reports on its Internet Web site.
(b) (1) A state agency or entity subject to Section 11546.1 shall
do all of the following:
(A) Comply with the policies of the California Technology Agency
to reduce the total amount of office square footage currently
utilized for data centers by 50 percent below the 2009 baseline by
July 2011.
(B) Host all mission critical and public-facing applications and
server refreshes in a Tier III or equivalent data center, as
designated by the California Technology Agency.
(C) Close any existing data centers or server rooms that house
nonnetwork equipment by June 2013. On or before July 2011, transition
plans, in accordance with guidance provided by the California
Technology Agency, shall be submitted to the California Technology
Agency.
(D) Migrate from its existing network services to the California
Government Network by no later than July 2011.
(E) Report to the California Technology Agency on the progress
toward the targets listed in this subdivision on a quarterly basis,
beginning in January 2011.
(2) The California Technology Agency shall include the quarterly
reports required by subparagraph (E) of paragraph (1) on its Internet
Web site.
(c) (1) A state agency or entity subject to Section 11546.1 shall
do both of the following:
(A) Migrate to the state shared e-mail solution by no later than
June 2011.
(B) Report to the California Technology Agency on the progress
toward the target listed in subparagraph (A) on a quarterly basis,
beginning in April 2011.
(2) The California Technology Agency shall include the quarterly
reports required by subparagraph (B) of paragraph (1) on its Internet
Web site.
SEC. 17. SEC. 22. Section 11546.5 of
the Government Code is amended to read:
11546.5. Notwithstanding any other provision of law, all
employees of the office of the State Chief Information Officer
employees of the California Technology Agency
shall be designated as excluded from collective bargaining pursuant
to subdivision (b) of Section 3527, except for employees of the
Office of Technology Services and the employees of
the Telecommunications Division of the Department of
General Services transferred to the office of the State Chief
Information Officer. Public Safety Communications
Division who are not otherwise excluded from collective bargaining.
SEC. 18. SEC. 23. Section 11548.5 of
the Government Code is repealed.
SEC. 19. SEC. 24. The heading of
Chapter 5.7 (commencing with Section 11549) of Part 1 of Division 3
of Title 2 of the Government Code is amended to read:
CHAPTER 5.7. OFFICE OF INFORMATION SECURITY AND OFFICE OF
PRIVACY PROTECTION
SEC. 20. SEC. 25. The heading of
Article 1 (commencing with Section 11549) is added to Chapter 5.7 of
Part 1 of Division 3 of Title 2 of the Government Code, to read:
Article 1. Office of Information Security
SEC. 21. SEC. 26. Section 11549 of
the Government Code is amended to read:
11549. (a) There is in state government, in the office
of the State Chief Information Officer California
Technology Agency , the Office of Information Security. The
purpose of the Office of Information Security is to ensure the
confidentiality, integrity, and availability of state systems and
applications, and to promote and protect privacy as part of the
development and operations of state systems and applications to
ensure the trust of the residents of this state.
(b) The office shall be under the direction of a director, who
shall be appointed by, and serve at the pleasure of, the Governor.
The director shall report to the State Chief Information
Officer Secretary of California Technology , and
shall lead the Office of Information Security in carrying out its
mission.
(c) The duties of the Office of Information Security, under the
direction of the director, shall be to provide direction for
information security and privacy to state government agencies,
departments, and offices, pursuant to Section 11549.3.
(d) (1) Unless the context clearly requires otherwise, whenever
the term "Office of Information Security and Privacy Protection"
appears in any statute, regulation, or contract, it shall be deemed
to refer to the Office of Information Security, and whenever the term
"executive director of the Office of Information Security and
Privacy Protection" appears in statute, regulation, or contract, it
shall be deemed to refer to the Director of the Office of Information
Security.
(2) All employees serving in state civil service, other than
temporary employees, who are engaged in the performance of functions
transferred from the Office of Information Security and Privacy
Protection to the Office of Information Security, are transferred to
the Office of Information Security. The status, positions, and rights
of those persons shall not be affected by their transfer and shall
continue to be retained by them pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5), except as
to positions the duties of which are vested in a position exempt
from civil service. The personnel records of all transferred
employees shall be transferred to the Office of Information Security.
(3) The property of
any office, agency, or department related to functions transferred to
the Office of Information Security is transferred to the Office of
Information Security. If any doubt arises as to where that property
is transferred, the Department of General Services shall determine
where the property is transferred.
(4) All unexpended balances of appropriations and other funds
available for use in connection with any function or the
administration of any law transferred to the Office of Information
Security shall be transferred to the Office of Information Security
for the use and for the purpose for which the appropriation was
originally made or the funds were originally available. If there is
any doubt as to where those balances and funds are transferred, the
Department of Finance shall determine where the balances and funds
are transferred.
SEC. 22. SEC. 27. Section 11549.1 of
the Government Code is amended to read:
11549.1. As used in this article, the following terms have the
following meanings:
(a) "Director" means the Director of the Office of Information
Security.
(b) "Office" means the Office of Information Security.
(c) "Program" means an information security program established
pursuant to Section 11549.3.
SEC. 23. SEC. 28. Section 11549.2 of
the Government Code is repealed.
SEC. 24. SEC. 29. Section 11549.3 of
the Government Code is amended to read:
11549.3. (a) The director shall establish an information security
program. The program responsibilities include, but are not limited
to, all of the following:
(1) The creation, updating, and publishing of information security
and privacy policies, standards, and procedures for state agencies
in the State Administrative Manual.
(2) The creation, issuance, and maintenance of policies,
standards, and procedures directing state agencies to effectively
manage security and risk for all of the following:
(A) Information technology, which includes, but is not limited to,
all electronic technology systems and services, automated
information handling, system design and analysis, conversion of data,
computer programming, information storage and retrieval,
telecommunications, requisite system controls, simulation, electronic
commerce, and all related interactions between people and machines.
(B) Information that is identified as mission critical,
confidential, sensitive, or personal, as defined and published by the
office.
(3) The creation, issuance, and maintenance of policies,
standards, and procedures directing state agencies for the
collection, tracking, and reporting of information regarding security
and privacy incidents.
(4) The creation, issuance, and maintenance of policies,
standards, and procedures directing state agencies in the
development, maintenance, testing, and filing of each agency's
disaster recovery plan.
(5) Coordination of the activities of agency information security
officers, for purposes of integrating statewide security initiatives
and ensuring compliance with information security and privacy
policies and standards.
(6) Promotion and enhancement of the state agencies' risk
management and privacy programs through education, awareness,
collaboration, and consultation.
(7) Representing the state before the federal government, other
state agencies, local government entities, and private industry on
issues that have statewide impact on information security and
privacy.
(b) (1) Every state agency, department, and office shall comply
(b) An information security officer appointed pursuant to Section
11564.1 shall implement the policies and procedures issued by the
Office of Information Security, including, but not limited to,
performing all of the following duties:
(1) Comply with the information
security and privacy policies, standards, and procedures issued
pursuant to this chapter by the Office of Information Security.
(2) Every state agency, department, and office shall comply
(2) Comply with filing
requirements and incident notification by providing timely
information and reports as required by policy or directives of the
office.
(3)
(c) The office may conduct, or require to be conducted,
independent security assessments of any state agency, department, or
office, the cost of which shall be funded by the state agency,
department, or office being assessed.
(4)
(d) The office may require an audit of information
security to ensure program compliance, the cost of which shall be
funded by the state agency, department, or office being audited.
(5)
(e) The office shall report to the office of
the State Chief Information Officer California
Technology Agency any state agency found to be noncompliant
with information security program requirements.
SEC. 25. SEC. 30. The heading of
Article 2 (commencing with Section 11549.5) is added to Chapter 5.7
of Part 1 of Division 3 of Title 2 of the Government Code, to read:
Article 2. Office of Privacy Protection
SEC. 26. SEC. 31. Section 11549.5 of
the Government Code is amended to read:
11549.5. (a) There is hereby created, in the State and Consumer
Services Agency, the Office of Privacy Protection. The purpose of the
Office of Privacy Protection shall be to protect the privacy of
individuals' personal information in a manner consistent with the
California Constitution by identifying consumer problems in the
privacy area and facilitating the development of fair information
practices in adherence with the Information Practices Act of 1977
(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of
Division 3 of the Civil Code) and to promote and protect consumer
privacy to ensure the trust of the residents of this state.
(b) The Office of Privacy Protection shall inform the public of
potential options for protecting the privacy of, and avoiding the
misuse of, personal information.
(c) The Office of Privacy Protection shall make recommendations to
organizations for privacy policies and practices that promote and
protect the interests of the consumers of this state.
(d) The Office of Privacy Protection may promote voluntary and
mutually agreed upon nonbinding arbitration and mediation of
privacy-related disputes where appropriate.
(e) The Office of Privacy Protection shall do all of the
following:
(1) Receive complaints from individuals concerning a person
obtaining, compiling, maintaining, using, disclosing, or disposing of
personal information in a manner that may be potentially unlawful or
violate a stated privacy policy relating to that individual, and
provide advice, information, and referral, where available.
(2) Provide information to consumers on effective ways of handling
complaints that involve violations of privacy-related laws,
including identity theft and identity fraud. If appropriate local,
state, or federal agencies are available to assist consumers with
those complaints, the office shall refer those complaints to those
agencies.
(3) Develop information informational
and educational programs and materials to foster public
understanding and recognition of the purposes of this article.
(4) Investigate and assist in the prosecution of identity theft
and other privacy-related crimes, and, as necessary, coordinate with
local, state, and federal law enforcement agencies in the
investigation of similar crimes.
(5)
(4) Assist and coordinate in the training of local,
state, and federal law enforcement agencies regarding identity theft
and other privacy-related crimes, as appropriate.
(6)
(5) The authority of the Office of Privacy Protection
to adopt regulations under this article shall be limited exclusively
to those regulations necessary and appropriate to implement
subdivisions (b), (c), (d), and (e).
SEC. 27. SEC. 32. Section 11549.6 of
the Government Code is amended and renumbered to read:
11549.10. This chapter shall not apply to the State Compensation
Insurance Fund, the Legislature, or the Legislative Data Center in
the Legislative Counsel Bureau.
SEC. 28. SEC. 33. Section 11549.7 is
added to the Government Code, to read:
11549.7. The Office of Privacy Protection shall be under the
direction of a director who shall report to the Secretary of State
and Consumer Services and lead the Office of Privacy Protection in
carrying out its mission.
SEC. 29. SEC. 34. Section 11549.8 is
added to the Government Code, to read:
11549.8. As used in this article, the following terms have the
following meanings:
(a) "Director" means the Director of the Office of Privacy
Protection.
(b) "Office" means the Office of Privacy Protection.
SEC. 30. SEC. 35. Section 12804 of
the Government Code is amended to read:
12804. The Agriculture and Services Agency is hereby renamed the
State and Consumer Services Agency.
The State and Consumer Services Agency consists of the following:
the Department of General Services; the Department of Consumer
Affairs; the Franchise Tax Board; the Public Employees' Retirement
System; the State Teachers' Retirement System; the Department of Fair
Employment and Housing; the Fair Employment and Housing Commission;
the California Science Center; the California Victim Compensation and
Government Claims Board; the California African American Museum; the
California Building and Standards Commission; the Alfred E. Alquist
Seismic Safety Commission; and the Office of Privacy Protection.
SEC. 36. Chapter 9 (commencing with Section 14930)
of Part 5.5 of Division 3 of Title 2 of the Government
Code is repealed.
SEC. 31. SEC. 37. Section 14995 of
the Government Code is amended to read:
14995. (a) The Electronic Funds Transfer Task Force is hereby
established in state government.
(b) The Electronic Funds Transfer Task Force shall consist of one
representative from each of the following agencies, boards,
departments, and offices, appointed by the corresponding agency,
board, department, or office head, as follows:
(1) State Board of Equalization.
(2) Franchise Tax Board.
(3) Employment Development Department.
(4) Treasurer.
(5) Controller.
(6) Department of Finance.
(7) Department of General Services.
(8) Office of Technology Services.
(c) The Electronic Funds Transfer Task Force shall study and
report to the Legislature, on or before April 1, 2008, a plan for the
development and implementation of a payment disbursal system
utilizing electronic funds transfer technology. The plan shall
include, but not be limited to, all of the following:
(1) An examination of all payments disbursed by the state and the
methods currently used to transfer these funds.
(2) A recommendation on which payments should be included in a new
electronic payment disbursal system.
(3) An examination of the cost of developing and utilizing a
comprehensive electronic payment disbursal system, including, but not
limited to, all of the following:
(A) Costs and savings related to float time.
(B) Costs and savings related to transaction process time.
(C) Costs and savings related to paperless transactions.
(D) Costs and savings related to system development and
implementation of a new electronic payment disbursal system.
(E) Costs and savings related to administration of a new
electronic payment disbursal system.
(4) A recommendation on how a comprehensive electronic payment
disbursal system should be developed, including, but not limited to,
recommendations on whether the state should contract for private
administration of an electronic payment disbursal system, develop a
system within state government, or use any other means available.
(5) An examination of the costs and benefits of using a
user-friendly, single online portal interface for the disbursal of
funds through an electronic payment disbursal system.
(6) A recommendation on which state agencies, boards, and
departments should be required to use the electronic payment
disbursal system for payment of funds, and what, if any, exceptions
should be provided for these agencies, boards, and departments.
(7) An examination of and recommendation on incorporating the
disbursal of funds for localities into the electronic payment system.
(8) An examination of and recommendation on the system's
flexibility for future expansion of services.
(9) An examination of and recommendation on incorporating
electronic payment cards, or similar products, into the electronic
payment disbursal system. This shall include, but not be limited to,
the costs and savings of using electronic payment cards for social
services and unbanked customers.
(10) An examination of and recommendation on incorporating
electronic check conversion into the electronic disbursal system.
(11) A recommendation on the timely development of the electronic
payment disbursal system.
SEC. 32. SEC. 38. Section 15251 of
the Government Code is amended to read:
15251. As used in this part, "office" means office of the State
Chief Information Officer.
15251. Unless the context requires otherwise, as
used in this part, the following terms shall have the following
meanings:
(a) "Agency" means the California Technology Agency.
(b) "Division" means the Public Safety Communications Division
established by this part.
SEC. 33. SEC. 39. Section 15253 of
the Government Code is amended to read:
15253. This part shall apply only to those communications
facilities which are owned and operated by public agencies in
connection with official business of law enforcement services, fire
services, natural resources services, agricultural services, and
highway maintenance and control of the state or of cities, counties,
and other political subdivisions in this state. This part shall not
be construed as conferring upon the office
agency control of programs or broadcasts intended for the
general public.
SEC. 34. SEC. 40. Section 15254 of
the Government Code is amended to read:
15254. Radio and other communications facilities owned or
operated by the state and subject to the jurisdiction of the
office agency shall not be used for political,
sectarian, or propaganda purposes. The facilities shall not be used
for the purpose of broadcasts intended for the general public, except
for fire, flood, frost, storm, catastrophe, and other warnings and
information for the protection of the public safety as the
office agency may prescribe.
SEC. 35. SEC. 41. Section 15275 of
the Government Code is amended to read:
15275. The office agency may do all
of the following:
(a) Provide adequate representation of local and state
governmental bodies and agencies before the Federal Communications
Commission in matters affecting the state and its cities, counties,
and other public agencies regarding public safety communications
issues.
(b) Provide, upon request, adequate advice to state and local
agencies in the state concerning existing or proposed public safety
communications facilities between any and all of the following:
cities, counties, other political subdivisions of the state, state
departments, agencies, boards, and commissions, and departments,
agencies, boards, and commissions of other states and federal
agencies.
(c) Recommend to the appropriate state and local agencies rules,
regulations, procedures, and methods of operation that it deems
necessary to effectuate the most efficient and economical use of
publicly owned and operated public safety communications facilities
within this state.
(d) Provide, upon request, information and data concerning the
public safety communications facilities that are owned and operated
by public agencies in connection with official business of public
safety services.
(e) Carry out the policy of this part.
SEC. 36. SEC. 42. Section 15277 of
the Government Code is amended to read:
15277. The duties of the office shall include, but not be limited
15277. The Public Safety Communications Division
is established within the agency. The duties of the division shall
include, but not be limited to, all of the following:
(a) Assessing the overall long-range public safety communications
needs and requirements of the state considering emergency operations,
performance, cost, state-of-the-art technology, multiuser
availability, security, reliability, and other factors deemed to be
important to state needs and requirements.
(b) Developing strategic and tactical policies and plans for
public safety communications with consideration for the systems and
requirements of the state and all public agencies in this state, and
preparing an annual strategic communications plan that includes the
feasibility of interfaces with federal and other state
telecommunications networks and services.
(c) Recommending industry standards for public safety
communications systems to ensure multiuser availability and
compatibility.
(d) Providing advice and assistance in the selection of
communications equipment to ensure that the public safety
communications needs of state agencies are met and that procurements
are compatible throughout state agencies and are consistent with the
state's strategic and tactical plans for public safety
communications.
(e) Providing management oversight of statewide public safety
communications systems developments.
(f) Providing for coordination of, and comment on, plans,
policies, and operational requirements from departments that utilize
public safety communications in support of their principal function,
such as the California Emergency Management Agency, National Guard,
health and safety agencies, and others with primary public safety
communications programs.
(g) Monitoring and participating on behalf of the state in the
proceedings of federal and state regulatory agencies and in
congressional and state legislative deliberations that have an impact
on state government public safety communications activities.
(h) Developing plans regarding teleconferencing as an alternative
to state travel during emergency situations.
(i) Ensuring that all radio transmitting devices owned or operated
by state agencies and departments are licensed, installed, and
maintained in accordance with the requirements of federal law. A
request for a federally required license for a state-owned radio
transmitting device shall be sought only in the name of the "State of
California."
(j) Acquiring, installing, equipping, maintaining, and operating
new or existing public safety communications systems and facilities
for public safety agencies. To accomplish that purpose, the division
is authorized to enter into contracts, obtain licenses, acquire
property, install necessary equipment and facilities, and do other
necessary acts to provide adequate and efficient public safety
communications systems. Any systems established shall be available to
all public agencies in the state on terms that may be agreed upon by
the public agency and the division.
(k) Acquiring, installing, equipping, maintaining, and operating
all new or replacement microwave communications systems operated by
the state, except microwave equipment used exclusively for traffic
signal and signing control, traffic metering, and roadway
surveillance systems. To accomplish that purpose, the division is
authorized to enter into contracts, obtain licenses, acquire
property, install necessary equipment and facilities, and do other
necessary acts to provide adequate and efficient microwave
communications systems. Any system established shall be available to
all public safety agencies in the state on terms that may be agreed
upon by the public agency and the division.
(l) This chapter shall not apply to Department of Justice
communications operated pursuant to Chapter 2.5 (commencing with
Section 15150) of Part 6.
SEC. 37. SEC. 43. Section 53108.5 of
the Government Code is amended to read:
53108.5. "Office," as used in this article, means the office of
the State Chief Information Officer.
53108.5. "Division," as used in this article,
means the Public Safety Communications Division within the California
Technology Agency.
SEC. 38. SEC. 44. Section 53113 of
the Government Code is amended to read:
53113. The Legislature finds that, because of overlapping
jurisdiction of public agencies, public safety agencies, and
telephone service areas, a general overview or plan should be
developed prior to the establishment of any system. In order to
ensure that proper preparation and implementation of those systems is
accomplished by all public agencies by December 31, 1985, the
office division , with the advice and
assistance of the Attorney General, shall secure compliance by public
agencies as provided in this article.
SEC. 39. SEC. 45. Section 53114 of
the Government Code is amended to read:
53114. The office division , with
the advice and assistance of the Attorney General, shall coordinate
the implementation of systems established pursuant to the provisions
of this article. The office division ,
with the advice and assistance of the Attorney General, shall assist
local public agencies and local public safety agencies in obtaining
financial help to establish emergency telephone service, and shall
aid agencies in the formulation of concepts, methods, and procedures
that will improve the operation of systems required by this article
and that will increase cooperation between public safety agencies.
SEC. 40. SEC. 46. Section 53114.1 of
the Government Code is amended to read:
53114.1. To accomplish the responsibilities specified in this
article, the office division is
directed to consult at regular intervals with the State Fire Marshal,
the State Department of Public Health, the Office of Traffic Safety,
the California Emergency Management Agency, the California Council
on Criminal Justice, a local representative from a city, a local
representative from a county, the public utilities in this state
providing telephone service, the Associated Public Safety
Communications Officers Association of Public-Safety
Communications Officials , the Emergency Medical Services
Authority, the Department of the California Highway Patrol, and the
Department of Forestry and Fire Protection. These agencies shall
provide all necessary assistance and consultation to the
office division to enable it to perform its
duties specified in this article.
SEC. 41. SEC. 47. Section 53114.2 of
the Government Code is amended to read:
53114.2. Technical and operational standards for the development
of the public agency systems shall be established and reviewed by the
office on or before December 31, 1973, after consultation with all
agencies specified in Section 53114.1. On or
53114.2. On or before December 31, 1976,
and each even-numbered year thereafter, after consultation with all
agencies specified in Section 53114.1, the office
division shall review and update technical and operational
standards for public agency systems.
SEC. 42. SEC. 48. Section 53115 of
the Government Code is amended to read:
53115. (a) On or before January 31, 1975, all public agencies
shall submit tentative plans for the establishment of a system
required by this article to the public utility or utilities providing
public telephone service within the respective jurisdiction of each
public agency. A copy of each such plan shall be filed with the
office.
(b) On or before October 1, 1978, all public agencies shall submit
final plans to the office for approval. The final plan shall
identify all planning, implementation, installation, and operating
costs the local agency feels necessary to implement the system
required by this article. On or before July 1, 1981, all public
agencies shall place a firm order as approved by the office to the
utility or utilities providing telephone service to the public
agency, and shall make arrangements with such utilities for the
implementation of the planned emergency telephone system no later
than December 31, 1985. If the Legislature fails to take action as
specified in Section 41030 of the Revenue and Taxation Code prior to
January 1, 1981, then the dates specified for ordering and
implementation of a system shall be respectively postponed by the
number of years elapsing between 1981 and the year in which the
Legislature acts.
(c) If any public agency has implemented or is a part of a system
required by this article on a deadline specified in subdivision (a)
or (b), such public agency shall submit in lieu of the tentative or
final plan a report describing the system and stating its operational
date.
(d) Plans filed pursuant to subdivisions (a) and (b) shall conform
to minimum standards established pursuant to Section 53114.2.
(e) The office
53115. The division shall monitor all
emergency telephone systems to ensure they comply with minimal
operational and technical standards as established by the division.
If any system does not comply the office
division shall notify in writing the public agency or agencies
operating the system of its deficiencies. The public agency shall
bring the system into compliance with the operational and technical
standards within 60 days of notice by the division. Failure to comply
within such time shall subject the public agency to action by the
Attorney General pursuant to Section 53116.
SEC. 43. SEC. 49. Section 53115.1 of
the Government Code is amended to read:
53115.1. (a) There is in state government the State 911 Advisory
Board.
(b) The advisory board shall be comprised of the following members
appointed by the Governor who shall serve at the pleasure of the
Governor.
(1) The Chief of the California 911 Emergency Communications
Office shall serve as the nonvoting chair of the board.
(2) One representative from the Department of the California
Highway Patrol.
(3) Two representatives on the recommendation of the California
Police Chiefs Association.
(4) Two representatives on the recommendation of the California
State Sheriffs' Association.
(5) Two representatives on the recommendation of the California
Fire Chiefs Association.
(6) Two representatives on the recommendation of the CalNENA
Executive Board.
(7) One representative on the joint recommendation of the
executive boards of the state chapters of the Association of
Public-Safety Communications Officials-International, Inc.
(c) Recommending authorities shall give great weight and
consideration to the knowledge, training, and expertise of the
appointee with respect to their experience within the California 911
system. Board members should have at least two years of experience as
a Public Safety Answering Point (PSAP) manager or county
coordinator, except where a specific person is designated as a
member.
(d) Members of the advisory board shall serve at the pleasure of
the Governor, but may not serve more than two consecutive two-year
terms, except as follows:
(1) The presiding Chief of the California 911 Emergency
Communications Office shall serve for the duration of his or her
tenure.
(2) Four of the members shall serve an initial term of three
years.
(e) Advisory board members shall not receive compensation for
their service on the board, but may be reimbursed for travel and per
diem for time spent in attending meetings of the board.
(f) The advisory board shall meet quarterly in public sessions in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 2 of Part 1 of Division 3
of Title 2). The office division shall
provide administrative support to the State 911 Advisory Board. The
State 911 Advisory Board, at its first meeting, shall adopt bylaws
and operating procedures consistent with this article and establish
committees as necessary.
(g) Notwithstanding any other provision of law, any member of the
advisory board may designate a person to act as that member in his or
her place and stead for all purposes, as though the member were
personally present.
SEC. 44. SEC. 50. Section 53115.2 of
the Government Code is amended to read:
53115.2. (a) The State 911 Advisory Board shall advise the
office division on all of the following
subjects:
(1) Policies, practices, and procedures for the California 911
Emergency Communications Office.
(2) Technical and operational standards for the California 911
system consistent with the National Emergency Number Association
(NENA) standards.
(3) Training standards for county coordinators and Public Safety
Answering Point (PSAP) managers.
(4) Budget, funding, and reimbursement decisions related to the
State Emergency Number Account.
(5) Proposed projects and studies conducted or funded by the State
Emergency Number Account.
(6) Expediting the rollout of Enhanced 911 Phase II technology.
(b) Upon request of a local public agency, the board shall conduct
a hearing on any conflict between a local public agency and the
office division regarding a final plan
that has not been approved by the office
division pursuant to Section 53114. The board shall meet within
30 days following the request, and shall make a recommendation to
resolve the conflict to the office division
within 90 days following the initial hearing by the board
pursuant to the request.
SEC. 45. SEC. 51. Section 53115.3 of
the Government Code is amended to read:
53115.3. When proposed implementation of the 911 system by a
single public agency within its jurisdiction may adversely affect the
implementation of the system by a neighboring public agency or
agencies, such neighboring public agency may request that the
office division evaluate the impact of
implementation by the proposing public agency and evaluate and weigh
that impact in its decision to approve or disapprove the proposing
public agency's final plan pursuant to Section 53115. In order to
effectuate this process, each city shall file a notice of filing of
its final plan with each adjacent city and with the county in which
the proposing public agency is located at the same time such final
plan is filed with the office division
and each county shall file a notice of filing of its final plan with
each city within the county and each adjacent county at the time the
final plan is filed with the office division
. Any public agency wishing to request review pursuant to this
section shall file its request with the office
division within 30 days of filing of the final plan for
which review is sought.
SEC. 46. SEC. 52. Section 53116 of
the Government Code is amended to read:
53116. The Attorney General may, on behalf of the office
division or on his or her own initiative,
commence judicial proceedings to enforce compliance by any public
agency or public utility providing telephone service with the
provisions of this article.
SEC. 47. SEC. 53. Section 53119 of
the Government Code is amended to read:
53119. Any telephone corporation serving rural telephone areas
which that cannot currently provide
enhanced "911" emergency telephone service capable of selective
routing, automatic number identification, or automatic location
identification shall present to the office
division a comprehensive plan detailing a schedule by which
those facilities will be converted to be compatible with the enhanced
emergency telephone system.
SEC. 48. SEC. 54. Section 53120 of
the Government Code is amended to read:
53120. The office division shall
not delay implementation of the enhanced "911" emergency telephone
system in those portions of cities or counties, or both, served by a
local telephone corporation that has equipment compatible with the
enhanced "911" emergency telephone system.
SEC. 49. SEC. 55. Section 53126.5 of
the Government Code is amended to read:
53126.5. For purposes of this article, the following definitions
apply:
(a) "Local public agency" means a city, county, city and county,
and joint powers authority that provides a public safety answering
point (PSAP).
(b) "Nonemergency telephone system" means a system structured to
provide access to only public safety agencies such as police and
fire, or a system structured to provide access to public safety
agencies and to all other services provided by a local public agency
such as street maintenance and animal control.
(c) "Public Safety Communications Division" means the Public
Safety Communications Division within the California Technology
Agency.
SEC. 50. SEC. 56. Section 53127 of
the Government Code is amended to read:
53127. The office of the State Chief Information Officer may
53127. The Public Safety Communications Division
is authorized to aid local public agencies in the formulation
of concepts, methods, and procedures that will improve the operation
of systems authorized by this article and increase cooperation among
public agencies.
SEC. 51. SEC. 57. Section 12100.7 of
the Public Contract Code is amended to read:
12100.7. As used in this chapter:
(a) "Department" means the Department of General Services.
(b) "Director" means the Director of General Services.
(c) "Information technology" shall have the same definition as set
forth in Section 11702 of the Government Code.
(d) "Multiple award schedule" (MAS) is an agreement established
between the General Services Administration of the United States and
certain suppliers to do business under specific prices, terms, and
conditions for specified goods, information technology, and services.
(e) "Multiple award" means a contract of indefinite quantity for
one or more similar goods, information technology, or services to
more than one supplier.
(f) "Office" means the office in the department, by whatever name
it may be called, which is responsible for contracting for goods and
information technology, and is headed by the state procurement
officer.
(g) "Procedures" means the specific methods or courses of action
to implement policies for information technology procurement.
(h) For purposes of this chapter, "policies" may be defined as
setting general principles and standards for the acquisition of
information technology.
(i) For purposes of this chapter, "value-effective acquisition"
may be defined to include, but not be limited to, the following:
(1) The operational cost that the state would incur if the bid or
proposal is accepted.
(2) Quality of the product or service, or its technical
competency.
(3) Reliability of delivery and implementation schedules.
(4) The maximum facilitation of data exchange and systems
integration.
(5) Warranties, guarantees, and return policy.
(6) Supplier financial stability.
(7) Consistency of the proposed solution with the state's planning
documents and announced strategic program direction.
(8) Quality and effectiveness of business solution and approach.
(9) Industry and program experience.
(10) Prior record of supplier performance.
(11) Supplier expertise with engagements of similar scope and
complexity.
(12) Extent and quality of the proposed participation and
acceptance by all user groups.
(13) Proven development methodologies and tools.
(14) Innovative use of current technologies and quality results.
SEC. 52. SEC. 58. Section 12101 of
the Public Contract Code is amended to read:
12101. It is the intent of the Legislature that policies
developed by the office of the State Chief Information
Officer and procedures by the California Technology
Agency and procedures developed by the Department of General
Services in accordance with Section 12102 provide for the following:
(a) The expeditious and value-effective acquisition of information
technology goods and services to satisfy state requirements.
(b) The acquisition of information technology goods and services
within a competitive framework.
(c) The delegation of authority by the Department of General
Services to each state agency that has demonstrated to the department'
s satisfaction the ability to conduct value-effective information
technology goods and services acquisitions.
(d) The exclusion from state bid processes, at the state's option,
of any supplier having failed to meet prior contractual requirements
related to information technology goods and services.
(e) The review and resolution of protests submitted by any bidders
with respect to any information technology goods and services
acquisitions.
SEC. 53. SEC. 59. Section 12103 of
the Public Contract Code is amended to read:
12103. In addition to the mandatory requirements enumerated in
Section 12102, the acquisition policies developed and maintained
by the office of the State Chief Information Officer and
procedures by the California Technology Agency and
procedures developed and maintained by the Department of
General Services in accordance with this chapter may provide for the
following:
(a) Price negotiation with respect to contracts entered into in
accordance with this chapter.
(b) System or equipment component performance, or availability
standards, including an assessment of the added cost to the state to
receive contractual guarantee of a level of performance.
(c) Requirement of a bond or assessment of a cost penalty with
respect to a contract or consideration of a contract offered by a
supplier whose performance has been determined unsatisfactory in
accordance with established procedures maintained in the State
Administrative Manual as required by Section 12102.
SEC. 54. SEC. 60. Section 12104 of
the Public Contract Code is amended to read:
12104. (a) (1) Commencing on or before January 1, 2007, the State
Contracting Manual shall set forth all policies,
procedures, procedures and methods that shall be
used by the department when seeking to obtain bids for the
acquisition of information technology , including any
policies contained in the State Administrative Manual.
.
(2) Revisions to the manual must be publicly announced, including,
but not limited to, postings on the department's Internet homepage.
(b) On or before January 1, 2007, the department shall designate
(b) The California Technology Agency
shall designate a single entity within the department
agency that shall be solely responsible for the
development, implementation, and maintenance of standardized methods
for the development of information technology requests for proposals.
(c) Commencing on or before January 1, 2007, all information
technology requests for proposals shall be reviewed by the Office of
Legal Services prior to release to the public.
(d) (1) On or before January 1, 2007, the department, in
consultation with a representative from the Office of Technology
Services, the Department of Finance, the Senate, and the Assembly,
along with representatives from the information technology industry,
shall issue a management memorandum setting forth uniform standards
for information technology procurement. The management memorandum
shall prioritize how the technology will advance the public policy
purpose of the state program that the information technology will
serve over the department's or client's preference for a particular
information product design. Prior to issuing the management
memorandum, the department shall hold at least two public hearings on
the standards that are proposed to be included in the management
memorandum.
(2) The management memorandum issued pursuant to paragraph (1)
shall not apply to procurements necessary to meet the requirements of
the Department of Justice Hawkins Data Center.
(c) All information technology requests for proposals shall be
reviewed by the California Technology Agency and the Department of
General Services prior to release to the public.
SEC. 55. SEC. 61. Section 12105 of
the Public Contract Code is amended to read:
12105. The Department of General Services and the office
of the State Chief Information Officer California
Technology Agency shall coordinate in the development of
policies and procedures that implement the intent of this
chapter. The office of the State Chief Information Officer
of this chapter. The California Technology Agency shall
have the final authority in the determination of any general policy
and the Department of General Services shall have the final authority
in the determination of any procedures.
SEC. 56. SEC. 62. Section 12120 of
the Public Contract Code is amended to read:
12120. The Legislature finds and declares that, with the advent
of deregulation in the telecommunications industry, substantial cost
savings can be realized by the state through the specialized
evaluation and acquisition of alternative telecommunications systems.
All contracts for the acquisition of telecommunications services and
all contracts for the acquisition of telecommunications goods,
whether by lease or purchase, shall be made by, or under the
supervision of, the Department of General Services
California Technology Agency . All acquisitions shall be
accomplished in accordance with Chapter 3 (commencing with Section
12100), relating to the acquisition of information technology goods
and services, except to the extent any directive or provision is
uniquely applicable to information technology acquisitions. The
office agency shall have responsibility
for the establishment of policy and procedures for
telecommunications. The office agency
shall have responsibility for the establishment of tactical policy
and procedures for data-processing
information technology and telecommunications acquisitions
consistent with statewide strategic policy. The Trustees of the
California State University and the Board of Governors of the
California Community Colleges shall assume the functions of the
office agency with regard to
acquisition of telecommunications goods and services by the
California State University and the California Community Colleges,
respectively. The trustees and the board shall each grant to the
office agency an opportunity to bid
whenever the university or the college system solicits bids for
telecommunications goods and services.
SEC. 57. SEC. 63. Section 12121 of
the Public Contract Code is amended to read:
12121. As used in this chapter:
(a) "Office" means the office of the State Chief Information
Officer.
(a) "Agency" means the California Technology Agency.
(b) "Tactical policy" means the policies of an organization
necessary to direct operational staff in carrying out their
day-to-day activities.
(c) "Strategic policy" means policy which defines the goals and
objectives for an organization.
SEC. 64. Section 2872.5 of the Public
Utilities Code is amended to read:
2872.5. (a) The commission, in consultation with the
Office of Emergency Services California Emergency
Management Agency and the Department of General
Services California Technology Agency , shall
open an investigative proceeding to determine whether standardized
notification systems and protocol should be utilized by entities that
are authorized to use automatic dialing-announcing devices pursuant
to subdivision (e) of Section 2872, to facilitate notification of
affected members of the public of local emergencies. The commission
shall not establish standards for notification systems or standard
notification protocol unless it determines that the benefits of the
standards exceed the costs.
(b) Before January 1, 2008, the commission shall prepare and
submit to the Legislature a report on the results of the proceeding,
including recommendations for funding notification systems and any
statutory modifications needed to facilitate notification of affected
members of the public of local emergencies.
SEC. 65. Section 2892 of the Public
Utilities Code is amended to read:
2892. (a) A provider of commercial mobile radio service, as
defined in Section 216.8, shall provide access for end users of that
service to the local emergency telephone systems described in the
Warren-911-Emergency Assistance Act (Article 6 (commencing with
Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the
Government Code). "911" shall be the primary access number for those
emergency systems. A provider of commercial mobile radio service, in
accordance with all applicable Federal Communication Commission
orders, shall transmit all "911" calls from technologically
compatible commercial mobile radio service communication devices
without requiring user validation or any similar procedure. A
provider of commercial mobile radio service may not charge any
airtime, access, or similar usage charge for any "911" call placed
from a commercial mobile radio service telecommunications device to a
local emergency telephone system.
(b) A "911" call from a commercial mobile radio service
telecommunications device may be routed to a public safety answering
point other than the Department of the California Highway Patrol only
if the alternate routing meets all of the following requirements:
(1) The "911" call originates from a location other than from a
freeway, as defined in Section 23.5 of the Streets and Highways Code,
under the jurisdiction of the Department of the California Highway
Patrol.
(2) The alternate routing is economically and technologically
feasible.
(3) The alternate routing will benefit public safety and reduce
burdens on dispatchers for the Department of the California Highway
Patrol.
(4) The Department of the California Highway Patrol, the
Department of General Services California Technology
Agency , and the proposed alternate public safety answering
point, in consultation with the wireless industry, providers of "911"
selective routing service, and local law enforcement officials,
determine that it is in the best interest of the public and will
provide more effective emergency service to the public to route "911"
calls that do not originate from a freeway, as defined in Section
23.5 of the Streets and Highways Code, under the jurisdiction of the
Department of the California Highway Patrol to another public safety
answering point.
SEC. 66. Section 2892.1 of the Public
Utilities Code is amended to read:
2892.1. (a) For purposes of this section, "telecommunications
service" means voice communication provided by a telephone
corporation as defined in Section 234, voice communication provided
by a provider of satellite telephone services, voice communication
provided by a provider of mobile telephony service, as defined in
Section 2890.2, and voice communication provided by a commercially
available facilities-based provider of voice communication services
utilizing voice over Internet Protocol or any successor protocol.
(b) The commission, in consultation with the Office of
Emergency Services California Emergency Management
Agency and the Department of General Services
California Technology Agency , shall open an
investigative or other appropriate proceeding to identify the need
for telecommunications service systems not on the customer's premises
to have backup electricity to enable telecommunications networks to
function and to enable the customer to contact a public safety
answering point operator during an electrical outage, to determine
performance criteria for backup systems, and to determine whether the
best practices recommended by the Network Reliability and
Interoperability Council in December 2005, for backup systems have
been implemented by telecommunications service providers operating in
California. If the commission determines it is in the public
interest, the commission shall, consistent with subdivisions (c) and
(d), develop and implement performance reliability standards.
(c) The commission, in developing any standards pursuant to the
proceeding required by subdivision (b), shall consider current best
practices and technical feasibility for establishing battery backup
requirements.
(d) The commission shall not implement standards pursuant to the
proceeding required by subdivision (b) unless it determines that the
benefits of the standards exceed the costs.
(e) The commission shall determine the feasibility of the use of
zero greenhouse gas emission fuel cell systems to replace diesel
backup power systems.
(f) Before January 1, 2008, the commission shall prepare and
submit to the Legislature a report on the results of the proceeding.
SEC. 58. SEC. 67. Section 41030 of
the Revenue and Taxation Code is amended to read:
41030. The office of the State Chief Information Officer shall
41030. The California Technology Agency shall
determine annually, on or before October 1, a surcharge rate
that it estimates will produce sufficient revenue to fund the current
fiscal year's 911 costs. The surcharge rate shall be determined by
dividing the costs (including incremental costs) the office
of the State Chief Information Officer California
Technology Agency estimates for the current fiscal year of 911
plans approved pursuant to Section 53115 of the Government Code, less
the available balance in the State Emergency Telephone Number
Account in the General Fund, by its estimate of the charges for
intrastate telephone communications services and VoIP service to
which the surcharge will apply for the period of January 1 to
December 31, inclusive, of the next succeeding calendar year, but in
no event shall such surcharge rate in any year be greater than
three-quarters of 1 percent nor less than one-half of 1 percent.
SEC. 59. SEC. 68. Section 41031 of
the Revenue and Taxation Code is amended to read:
41031. The office of the State Chief Information Officer shall
41031. The California Technology Agency shall
make its determination of the surcharge rate each year no later
than October 1 and shall notify the board of the new rate, which
shall be fixed by the board to be effective with respect to charges
made for intrastate telephone communication services and VoIP service
on or after January 1 of the next succeeding calendar year.
SEC. 60. SEC. 69. Section 41032 of
the Revenue and Taxation Code is amended to read:
41032. Immediately upon notification by the office of
the State Chief Information Officer California
Technology Agency and fixing the surcharge rate, the board
shall each year no later than November 15 publish in its minutes the
new rate, and it shall notify by mail every service supplier
registered with it of the new rate.
SEC. 61. SEC. 70. Section 41136.1 of
the Revenue and Taxation Code is amended to read:
41136.1. For each fiscal year, moneys in the State Emergency
Telephone Number Account not appropriated for a purpose specified in
Section 41136 shall be held in trust for future appropriation for
upcoming, planned "911" emergency telephone number projects that have
been approved by the office of the State Chief Information
Officer California Technology Agency , even if
the projects have not yet commenced.
SEC. 62. SEC. 71. Section 41137 of
the Revenue and Taxation Code is amended to read:
41137. The office of the State Chief Information Officer
California Technology Agency shall pay, from
funds appropriated from the State Emergency Telephone Number Account
by the Legislature, as provided in Section 41138, bills submitted by
service suppliers or communications equipment companies for the
installation and ongoing costs of the following communication
services provided local agencies by service suppliers in connection
with the "911" emergency telephone number system:
(a) A basic system.
(b) A basic system with telephone central office identification.
(c) A system
employing automatic call routing.
(d) Approved incremental costs that have been concurred in by
the office of the State Chief Information Officer.
the California Technology Agency.
SEC. 63. SEC. 72. Section 41137.1 of
the Revenue and Taxation Code is amended to read:
41137.1. The office of the State Chief Information Officer shall
41137.1. The California Technology Agency shall
pay, from funds appropriated from the State Emergency Telephone
Number Account by the Legislature, as provided in Section 41138,
claims submitted by local agencies for approved incremental costs and
for the cost of preparation of final plans submitted to the
office of the State Chief Information Officer
California Technology Agency for approval on or before October
1, 1978, as provided in Section 53115 of the Government Code.
SEC. 64. SEC. 73. Section 41138 of
the Revenue and Taxation Code is amended to read:
41138. (a) It is the intent of the Legislature that the
reimbursement rates for "911" emergency telephone number equipment
shall not exceed specified amounts negotiated with each interested
supplier and approved by the office of the State Chief
Information Officer. The office of the State Chief Information
Officer California Technology Agency. The California
Technology Agency shall negotiate supplier pricing to ensure
cost effectiveness and the best value for the "911" emergency
telephone number system. The office of the State Chief
Information Officer California Technology Agency
shall pay those bills as provided in Section 41137 only under the
following conditions:
(1) The office of the State Chief Information Officer
California Technology Agency shall have received
the local agency's "911" emergency telephone number system plan by
July 1 of the prior fiscal year and approved the plan by October 1 of
the prior fiscal year.
(2) The Legislature has appropriated in the Budget Bill an amount
sufficient to pay those bills.
(3) The office of the State Chief Information Officer
California Technology Agency has reviewed and
approved each line item of a request for funding to ensure the
necessity of the proposed equipment or services and the eligibility
for reimbursement.
(4) The amounts to be paid do not exceed the pricing submitted by
the supplier and approved by the office of the State Chief
Information Officer California Technology Agency
. Extraordinary circumstances may warrant spending in excess of the
established rate, but shall be preapproved by the office of
the State Chief Information Officer California
Technology Agency . In determining the reimbursement rate, the
office of the State Chief Information Officer
California Technology Agency shall utilize the approved
pricing submitted by the supplier providing the equipment or service.
(b) Nothing in this section shall be construed to limit an agency'
s ability to select a supplier or procure telecommunications
equipment as long as the supplier's pricing is preapproved by the
office of the State Chief Information Officer
California Technology Agency . Agencies shall be encouraged to
procure equipment on a competitive basis. Any amount in excess of
the pricing approved by the office of the State Chief
Information Officer California Technology Agency
shall not be reimbursed.
SEC. 65. SEC. 74. Section 41139 of
the Revenue and Taxation Code is amended to read:
41139. From funds appropriated by the Legislature from the
Emergency Telephone Number Account, the office of the State
Chief Information Officer California Technology Agency
shall begin paying bills as provided in Sections 41137,
41137.1, and 41138 in the 1977-78 fiscal year for plans submitted by
local agencies by July 1, 1976, to the office of the State
Chief Information Officer which the office of the State Chief
Information Officer has approved. California
Technology Agency which the California Technology Agency has
approved.
SEC. 66. SEC. 75. Section 41140 of
the Revenue and Taxation Code is amended to read:
41140. The office of the State Chief Information Officer
California Technology Agency shall reimburse
local agencies, from funds appropriated from the Emergency Telephone
Number Account by the Legislature, for amounts not previously
compensated for by another governmental agency, which have been paid
by agencies for approved incremental costs or to service suppliers or
communication equipment companies for the following communications
services supplied in connection with the "911" emergency phone
number, provided local agency plans had been approved by the
office of the State Chief Information Officer
California Technology Agency :
(a) A basic system.
(b) A basic system with telephone central office identification.
(c) A system employing automatic call routing.
(d) Approved incremental costs.
SEC. 67. SEC. 76. Section 41141 of
the Revenue and Taxation Code is amended to read:
41141. Claims for reimbursement shall be submitted by local
agencies to the office of the State Chief Information
Officer California Technology Agency , which
shall determine payment eligibility and shall reduce the claim for
charges that exceed the approved incremental costs, approved contract
amounts, or the established tariff rates for costs. No claim shall
be paid until funds are appropriated by the Legislature.
SEC. 68. SEC. 77. Section 41142 of
the Revenue and Taxation Code is amended to read:
41142. Notwithstanding any other provision of this article, if
the Legislature fails to appropriate an amount sufficient to pay
bills submitted to the office of the State Chief Information
Officer California Technology Agency by service
suppliers or communications equipment companies for the installation
and ongoing communications services supplied local agencies in
connection with the "911" emergency telephone number system, and to
pay claims of local agencies which, prior to the effective date of
this part, paid amounts to service suppliers or communications
equipment companies for the installation and ongoing expenses in
connection with the "911" emergency telephone number system, the
obligation of service suppliers and local agencies to provide "911"
emergency telephone service shall terminate and service shall not
again be required until the Legislature has appropriated an amount
sufficient to pay those bills or claims. Nothing in this part shall
preclude local agencies from purchasing or acquiring any
communication equipment from companies other than the telephone
service suppliers.
SEC. 69. SEC. 78. Section 16501.7 of
the Welfare and Institutions Code is amended to read:
16501.7. (a) On or before December 1, 2005, the State Department
of Social Services shall develop, and provide to the Chairperson of
the Joint Legislative Budget Committee, a Child Welfare Services/Case
Management System system performance commitments plan. The plan
shall be developed in conjunction with the Office of System
Integration, the Office of Technology Services, and the County
Welfare Directors Association.
(b) (1) The plan developed as required by subdivision (a) shall
include, but not be limited to, performance standards for system
availability, application transaction time, batch processing windows,
data downloads, a process for the identification, tracking, and
response of repair service requests, data backup and recovery, help
desk responsiveness, and a process for security incidents.
(2) The plan may include print time.
(3) The plan shall describe all of the following:
(A) The mechanism for tracking system performance.
(B) Corrective action protocols.
(C) The steps that will be taken should performance fall below
standards for a specified period of time.
(c) It is the intent of the Legislature that the plan developed
pursuant to this section shall do all of the following:
(1) Appropriately assign responsibility for ensuring service
levels to the entity accountable.
(2) Prioritize implementation of components of the plan.
(3) Address implementation feasibility of the plan's components,
including any issues regarding plan implementation that need to be
addressed.