BILL NUMBER: AB 2408	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 16, 2010
	AMENDED IN SENATE  AUGUST 5, 2010
	AMENDED IN SENATE  AUGUST 3, 2010
	AMENDED IN SENATE  JUNE 29, 2010
	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, 11548.5, 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 Section 11549.2 of, and to repeal 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 extend the repeal of the provisions establishing
the office of the State Chief Information Officer to January 1, 2015.
This bill would rename the office of the State Chief Information
Officer as the California Technology Agency and the position of the
State Chief Information Officer as 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  , as defined  .
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 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 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 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 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 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 Secretary of California Technology.
   (e) Unless the context clearly requires otherwise, the Office of
Technology Services and the 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 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 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 submittal of the
annual financial statements.
   (b) The 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 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 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
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 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 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 California Technology Agency.
   (4) The property of any office, agency, or department related 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 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 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 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 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 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 purposes of this chapter.
   (2) Any other moneys that may be made available to the California
Technology Agency from any other source, including the return from
investments of moneys by the Treasurer.
   (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 California
Technology Agency. The Secretary of California Technology shall be
appointed by, and serve at the pleasure of, the Governor, subject to
Senate confirmation. The 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 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 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 the promotion of 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 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 agency in the development of this
plan, as required by the Secretary of California Technology.
   (1) Upon establishment of the information technology strategic
plan, the 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 of every
year.
   (d) The 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 agency
shall establish those policies and procedures required to improve the
performance of the state's information technology program.
   (1) The 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 agency will utilize to
assess the performance of the state's information technology
program. The 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 agency and shall report their progress to
the agency on a quarterly basis.
   (3) The information technology performance report shall be
submitted to the Joint Legislative Budget Committee by January 15 of
every year. To enhance transparency, the agency shall post
performance targets and progress toward these targets on its public
Internet Web site.
   (4) The 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 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 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 authority for state agencies to
initiate information technology projects or acquire information
technology or telecommunications goods or services.
   (b) The 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 within the executive branch, including
all departments, boards, bureaus, commissions, councils, and offices,
that is not a state agency, as defined by subdivision (e), 

    (b)     (1)     Each
state entity  shall have a chief information officer who is
appointed by the head of the state entity.
   (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 within the executive branch, including all
departments, boards, bureaus, commissions, councils, and offices,
that is not a state agency, as defined by subdivision (e), shall have

    (d)     Each state entity shall have 
an information security officer who is appointed by the head of the
state entity. 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)  (1)    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. 
   (2) For purposes of this section, "state entity" means an entity
within the executive branch that is under the direct authority of the
Governor, including, but not limited to, all departments, boards,
bureaus, commissions, councils, and offices that are not defined as a
"state agency" pursuant to paragraph (1).  
   (f) A state entity that is not defined under subdivision (e) may
voluntarily comply with any of the requirements of Sections 11546.2
and 11546.3 and may request assistance from the California Technology
Agency to do so. 
  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 and state entity subject to Section 11546.1, 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 of the
officer's agency or entity, as the case  maybe, 
 may be,  in support of the statewide effort to reduce
energy consumption 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 the agency or entity, as the case may
be, in support of the statewide effort to reduce energy consumption
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) Be in migration 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) Be in migration 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. 22.  Section 11546.5 of the Government Code is amended to
read:
   11546.5.  Notwithstanding any other provision of law, all
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 employees of the Public Safety Communications Division
who are not otherwise excluded from collective bargaining.
  SEC. 23.  Section 11548.5 of the Government Code is amended to
read:
   11548.5.  This chapter shall remain in effect only until January
1, 2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
  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. 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. 26.  Section 11549 of the Government Code is amended to read:
   11549.  (a) There is in state government, in the 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 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. 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. 28.  Section 11549.2 of the Government Code is repealed.
  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) An information security officer appointed pursuant to Section
11546.1 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) Comply with filing requirements and incident notification by
providing timely information and reports as required by policy or
directives of the office.
   (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.
   (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.
   (e) The office shall report to the California Technology Agency
any state agency found to be noncompliant with information security
program requirements.
  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. 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 informational and educational programs and materials
to foster public understanding and recognition of the purposes of
this article.
   (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.
   (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. 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. 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. 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. 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. 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. 38.  Section 15251 of the Government Code is amended to read:
   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. 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 agency control of programs or
broadcasts intended for the general public.
  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 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 agency may prescribe.
  SEC. 41.  Section 15275 of the Government Code is amended to read:
   15275.  The 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. 42.  Section 15277 of the Government Code is amended to read:
   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. 43.  Section 53108.5 of the Government Code is amended to
read:
   53108.5.  "Division," as used in this article, means the Public
Safety Communications Division within the California Technology
Agency.
  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
division, with the advice and assistance of the Attorney General,
shall secure compliance by public agencies as provided in this
article.
  SEC. 45.  Section 53114 of the Government Code is amended to read:
   53114.  The 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 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. 46.  Section 53114.1 of the Government Code is amended to
read:
   53114.1.  To accomplish the responsibilities specified in this
article, the 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
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 division to enable it to perform its duties specified in this
article.
  SEC. 47.  Section 53114.2 of the Government Code is amended to
read:
   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 division shall review and update technical and
operational standards for public agency systems.
  SEC. 48.  Section 53115 of the Government Code is amended to read:
   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 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. 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 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. 50.  Section 53115.2 of the Government Code is amended to
read:
   53115.2.  (a) The State 911 Advisory Board shall advise the
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
division regarding a final plan that has not been approved by the
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 division within 90 days following the
initial hearing by the board pursuant to the request.
  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
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
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 division. Any public agency
wishing to request review pursuant to this section shall file its
request with the division within 30 days of filing of the final plan
for which review is sought.
  SEC. 52.  Section 53116 of the Government Code is amended to read:
   53116.  The Attorney General may, on behalf of the 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. 53.  Section 53119 of the Government Code is amended to read:
   53119.  Any telephone corporation serving rural telephone areas
that cannot currently provide enhanced "911" emergency telephone
service capable of selective routing, automatic number
identification, or automatic location identification shall present to
the division a comprehensive plan detailing a schedule by which
those facilities will be converted to be compatible with the enhanced
emergency telephone system.
  SEC. 54.  Section 53120 of the Government Code is amended to read:
   53120.  The 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. 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. 56.  Section 53127 of the Government Code is amended to read:
   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. 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. 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 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. 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 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. 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 procedures and methods that
shall be used by the department when seeking to obtain bids for the
acquisition of information technology.
   (2) Revisions to the manual must be publicly announced, including,
but not limited to, postings on the department's Internet homepage.
   (b) The department, in consultation with the California Technology
Agency, shall develop, implement, and maintain standardized methods
for the development of information technology requests for proposals.

   (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. 61.  Section 12105 of the Public Contract Code is amended to
read:
   12105.  The Department of General Services and the California
Technology Agency shall coordinate in the development of policies and
procedures that implement the intent 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. 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 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
agency shall have responsibility for the establishment of policy and
procedures for telecommunications. The agency shall have
responsibility for the establishment of tactical policy and
procedures for 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
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 agency an opportunity to bid whenever the
university or the college system solicits bids for telecommunications
goods and services.
  SEC. 63.  Section 12121 of the Public Contract Code is amended to
read:
   12121.  As used in this chapter:
   (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 California
Emergency Management Agency and the 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
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 California Emergency
Management Agency and the 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. 67.  Section 41030 of the Revenue and Taxation Code is amended
to read:
   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 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. 68.  Section 41031 of the Revenue and Taxation Code is amended
to read:
   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. 69.  Section 41032 of the Revenue and Taxation Code is amended
to read:
   41032.  Immediately upon notification by the 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. 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 California Technology Agency, even if the
projects have not yet commenced.
  SEC. 71.  Section 41137 of the Revenue and Taxation Code is amended
to read:
   41137.  The 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
California Technology Agency.
  SEC. 72.  Section 41137.1 of the Revenue and Taxation Code is
amended to read:
   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 California Technology
Agency for approval on or before October 1, 1978, as provided in
Section 53115 of the Government Code.
  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 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 California Technology Agency shall pay
those bills as provided in Section 41137 only under the following
conditions:
   (1) The 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 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 California Technology Agency.
Extraordinary circumstances may warrant spending in excess of the
established rate, but shall be preapproved by the California
Technology Agency. In determining the reimbursement rate, the
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
California Technology Agency. Agencies shall be encouraged to procure
equipment on a competitive basis. Any amount in excess of the
pricing approved by the California Technology Agency shall not be
reimbursed.
  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 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 California Technology Agency which
the California Technology Agency has approved.
  SEC. 75.  Section 41140 of the Revenue and Taxation Code is amended
to read:
   41140.  The 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 telephone
number, provided local agency plans had been approved by the
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. 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 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. 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 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. 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.