BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                    AJR 9|
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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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