BILL ANALYSIS Ó
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CONSENT
Bill No: AJR 9
Author: Cook (R) and Ma (D)
Amended: As introduced
Vote: 21
ASSEMBLY FLOOR : 78-0, 5/19/11 (Consent) - See last page
for vote
SUBJECT : Public alert and warning system
SOURCE : Author
DIGEST : This resolution urges the Congress of the United
States to expedite a solution to provide a public alert and
warning system to alert and warn the American people in
situations of war, terrorist attack, natural disaster, or
other hazards to the public safety, health, and well-being
of the American people.
ANALYSIS :
Existing law:
1. Provides that the Public Safety Communication Act of
2002 has the primary responsibility in state government
to develop and implement a statewide integrated public
safety communication system that facilities
interoperability among state public safety departments
and other response agencies and to coordinate other
shared uses of the public safety spectrum.
CONTINUED
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2. Requires the Public Safety Radio Strategic Planning
Committee (PSRSPC) to make recommendations for state
agency purchase of public safety radio subscriber
equipment that will enable those agencies to commence
conforming to industry and governmental interoperability
standards.
3. Authorizes the PSRSPC to, as technology evolves,
recommend the purchase of nonproprietary equipment or
systems that have open architecture and backward
capability.
4. Authorizes the PSRSPC to also make similar equipment
recommendations to any other federal, state, regional,
or local entity with responsibility for developing,
operating, or monitoring interoperability of the public
safety spectrum.
Background
The Public Safety Communications Act of 2002 was enacted to
enable state, regional and local agencies with the means to
better communicate with one another in the event of an
emergency. During an emergency, the interoperability of
communication systems is vital for responding public safety
departments to coordinate their resources and work
effectively together. Conversely, if the communications
were to fail, the emergency could be met with breakdowns in
service, misunderstandings, lack of information, and the
possible loss of life and property.
To prevent potential breakdowns, AB 2116 (Cohn), Chapter
903, Statutes of 2006, was signed into law to improve upon
the Act. While the PSRSPC had the primary responsibility
for developing and implementing a statewide radio system
that allows for interoperability among all of the state's
public safety departments, it did not have the authority to
make recommendations to local agencies or to require them
to purchase certain types of equipment. Without specific
recommendations, public agencies could be purchasing new
communications that were not compatible and would do
nothing to promote interoperability between agencies. AB
2116 corrected this problem by granting the PSRSPC with the
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necessary authority to ensure interoperability and
requiring that any communication equipment recommended for
purchase by the PSRSPC meet specific criteria for
interoperability.
At the federal level . In 1994, to overcome some of the
limitations of Emergency Broadcast System (EBS), the
Federal Communications Commission (FCC) replaced EBS with
the Emergency Alert System (EAS). EAS allows broadcast
stations, satellite radio, cable systems, Direct Broadcast
Satellite systems, participating satellite companies, and
other services to send and receive emergency information
quickly and automatically, even if their facilities are
unattended. EAS was designed so that if one link in the
dissemination of alert information is broken, members of
the public have multiple alternate sources of warning. EAS
equipment also provides a method for automatic interruption
of regular programming, and is able to relay emergency
messages in any language used by EAS participants.
Integrated Public Alert and Warning System (IPAWS) . In
June 2006, President Bush signed Executive Order 13407
which established as policy the requirement for the United
States to have an effective, reliable, integrated,
flexible, and comprehensive system to alert and warn the
American people. The Federal Emergency Management Agency
(FEMA) is designated within the Department of Homeland
Security to implement the policy of the United States for a
public alert and warning system as outlined in Executive
Order 13407 and has established a program office to
implement IPAWS. FEMA and its federal partners, the FCC,
the National Oceanic and Atmospheric Administration's
National Weather Service, and the Department of Homeland
Security Science and Technology Directorate are working
together to transform the national alert and warning system
to enable rapid dissemination of authenticated alert
information over as many communications channels as
possible. The mission of the system is provide integrated
services and capabilities to local, state, and federal
authorities that enable them to alert and warn their
respective communities via multiple communications methods.
Prior Legislation
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AB 1197 (Torrico), 2009-10 Session, would have modified the
Public Safety Communications Act to allow additional
technology to be considered for improved public safety
interoperability. (Held in Assembly Appropriations
Committee)
SB 2231 (Pavley), Chapter 764, Statutes of 2006, required
the Director of the Office of Emergency Services to convene
a working group to assess existing and future technologies
available in the public and private sectors in order to
expand transmission of public emergency service alerts
through public-private partnerships. Requires the Director
to report the findings of the working group to the
Legislature within one year of the date the group is
convened.
AB 1848 (Bermudez), Chapter 728, Statutes of 2006,
specified that the PSRSPC annual report to the Legislature
shall serve as the state's strategic plan for establishing
a statewide integrated, interoperable public safety
communications network. It also required the PSRSPC to
include specified information in the report and to update
the report, annually. Authorizes the PSRSPC to consult
with and make recommendations to federal, state and local
agencies to advance the integration of local, regional, and
statewide public safety communication networks.
AB 1559 (Gordon), 2005-06 Session, would have required
PSRSPC and the California Statewide Interoperability
Committee to work together and provide to the Legislature a
report that recommends a performance standard for public
safety communications systems interoperability and devices
to be used statewide, provides a timeline for implementing
the system, determines which state or local entities need
new communications equipment, and identifies funding for
the system. (Held in Senate Appropriations)
AB 211 (Cohn), 2005-06 Session, specified the types of
equipment that PSRSPC can recommend for purchase by state
public safety departments. The bill was eventually
completely amended into an unrelated issue.
SB 1654 (McPherson), Chapter 669, Statutes of 2004,
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stipulated that any state agency that purchases public
safety radio communication equipment must comply with the
recommendations of the PSRSPC, added the Governor's Office
of Homeland Security to the Committee, and added the
Military Department to the list entities to which the
Committee must consult.
AB 1831 (Bermudez), 2003-04 Session, would have required
the Governor's Office of Homeland Security, in consultation
with the California Statewide Interoperability Executive
Committee in the Office of Emergency Services and the
PSRSPC to develop a plan for the funding of a statewide
interoperable public safety radio communication network.
(Died in Conference Committee)
AB 2018 (Nakano), Chapter 1091, Statutes of 2002,
established the Public Safety Communications Act of 2002
for the purpose of developing and implementing a statewide
integrated public safety communication system and empowers
the existing PSRSPC to have primary responsibility.
FISCAL EFFECT : Fiscal Com.: No
ASSEMBLY FLOOR : 78-0, 5/19/11
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. Pérez
NO VOTE RECORDED: Alejo, Gorell
PQ:mw 6/22/11 Senate Floor Analyses
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SUPPORT/OPPOSITION: NONE RECEIVED
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