BILL ANALYSIS Ó
AB 136
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CONCURRENCE IN SENATE AMENDMENTS
AB 136 (Beall)
As Amended September 2, 2011
Majority vote
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|ASSEMBLY: |77-1 |(May 31, 2011) |SENATE: |38-0 |(September 8, |
| | | | | |2011) |
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Original Committee Reference: U. & C.
SUMMARY : Expands the California Public Utilities Commission
(PUC) Deaf and Disabled Telecommunications Program (DDTP) to
include assistance to individuals with speech disabilities.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Require PUC to expand DDTP to include assistance to
individuals with speech disabilities, including assistance to
purchase speech-generating devices, accessories, mounting
systems, and specialized telecommunications equipment,
including infrared telephones, speaker phones, and telephone
interface devices, are funded through the program.
2)Require PUC to prescribe eligibility standards for the
expanded program. PUC shall ensure that only individuals who
are both residents of the state and speech impaired as
certified by a licensed physician, licensed speech-language
pathologist, or qualified state or federal agency are
eligible.
3)State PUC shall provide to each eligible applicant the
appropriate equipment consistent with the recommendation of a
licensed speech-language pathologist.
4)Require PUC to ensure that the equipment provided is
consistent with the economy, efficiency, and quality of
equipment that is available for purchase in the state.
5)Allow PUC to adopt rules to implement the program by January
1, 2014.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
AB 136
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to the version passed by the Senate.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, PUC indicates it would require a contract to provide
advice regarding speech-generating devices, since PUC lacks
expertise in this area, which involves specialized medical
equipment that sometimes incorporates a telecommunications
component. PUC would also have to amend its existing DDTP
administrative contract to encompass this work. The first-year
personnel and contract costs would be in the range of $500,000,
with ongoing costs of around $400,000.
In addition, the costs to provide equipment would depend on the
number of applicants for assistance, which is unknown. Assuming
equipment is provided for 1,000 applicants each year at an
average cost of $11,000, annual costs would be $11 million.
The DDTP Administrative Committee Fund is projected to have a
balance of $10.9 million as of June 30, 2012. Additional costs
at a level described above would likely require an increase in
DDTP surcharge rate that funds this program.
COMMENTS : According to the author, this bill will further not
only the intent of the Deaf and Disabled Telecommunications
Program (DDTP), but also state and federal antidiscrimination
laws, including the Americans with Disabilities Act, which is
intended to ensure that people with disabilities have access to
auxiliary aids and services necessary to ensure effective
communication. The author states that "no individual should be
prevented from making or receiving a telephone call now that the
technology exists to make it possible through the state program
established to ensure that very access".
Background : The Deaf and Disabled Telecommunications Program
(DDTP) is administered
by PUC, and provides Californians who are deaf and disabled with
equipment and relay services through the California Telephone
Access Program (CTAP) and the California Relay Service (CRS).
DDTP and CTAP provide a telecommunications device capable of
serving the needs of individuals who are deaf or hearing
impaired, together with a single party line, at no charge
additional to the basic exchange rate. Any subscriber who is
certified as an individual who is deaf or hearing impaired by a
licensed physician, surgeon, audiologist, or qualified state or
federal agency, as determined by PUC, and any subscriber that is
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an organization representing individuals who are deaf or hearing
impaired may receive such a telecommunications device.
Issue : This bill would require PUC to expand DDTP to include
assistance to individuals with speech disabilities. DDTP has
been expanded over the years to include people with disabilities
other than deafness and hearing impairments, including those
with speech disabilities. While most people with speech
disabilities can utilize either the Relay Service or basic
technology used by people who are deaf or hearing impaired,
there are individuals who cannot use such devices and require
more sophisticated technology, such as those individuals with
advanced Amyotrophic Lateral Sclerosis (ALS).
Analysis Prepared by : DaVina Flemings / U. & C. / (916)
319-2083
FN: 0002753