BILL NUMBER: SB 1211	CHAPTERED
	BILL TEXT

	CHAPTER  926
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2014
	PASSED THE SENATE  AUGUST 27, 2014
	PASSED THE ASSEMBLY  AUGUST 26, 2014
	AMENDED IN ASSEMBLY  AUGUST 22, 2014
	AMENDED IN SENATE  MAY 27, 2014
	AMENDED IN SENATE  APRIL 29, 2014

INTRODUCED BY   Senator Padilla

                        FEBRUARY 20, 2014

   An act to add Section 53121 to the Government Code, and to amend
Section 41030 of the Revenue and Taxation Code, relating to emergency
services.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1211, Padilla. Emergency services: Next Generation 911.
   Existing law requires the Office of Emergency Services to
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, as specified.
   This bill would require the office to develop a plan and timeline
of target dates for testing, implementing, and operating a Next
Generation 911 emergency communication system, including text to 911
service, throughout California. The bill would require the office, in
determining the surcharge rate, to additionally include costs it
expects to incur, consistent with the plan and timeline, to plan,
test, implement, and operate Next Generation 911 technology and
services, including text to 911 service. The bill would require the
office, at least one month before determining the surcharge rate, to
prepare a summary of the calculation of the proposed surcharge and
make it available to the Legislature and the 911 Advisory Board, and
on the office's Internet Web site. This bill would incorporate
additional changes in Section 41030 of the Revenue and Taxation Code,
proposed by AB 1717, to be operative only if AB 1717 and this bill
are both chaptered and become effective on or before January 1, 2015,
and this bill is chaptered last.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 53121 is added to the Government Code, to read:

   53121.  (a) The Office of Emergency Services shall develop a plan
and timeline of target dates for the testing, implementation, and
operation of a Next Generation 911 emergency communication system,
including text to 911 service, throughout California.
   (b) In order to maximize efficiency and contain costs, the Next
Generation 911 emergency communication system shall incorporate,
where consistent with public safety and technologically feasible,
shared infrastructure and elements of other public safety and
emergency communications networks, including, but not limited to, all
of the following:
   (1) Public safety communications identified in the annual plan
required by subdivision (b) of Section 15277.
   (2) Local and regional public safety broadband networks authorized
by the federal American Recovery and Reinvestment Act of 2009
(Public Law 111-5).
   (3) Public safety broadband networks authorized by the federal
Middle Class Tax Relief and Job Creation Act of 2012 (Public Law
112-96).
   (4) Public safety radio and communications facilities used for the
purpose of public warnings pursuant to Section 15254.
  SEC. 2.  Section 41030 of the Revenue and Taxation Code is amended
to read:
   41030.  (a) The Office of Emergency Services shall determine
annually, on or before October 1, a surcharge rate that it estimates
will produce sufficient revenue to fund the current fiscal year's 911
costs. The surcharge rate shall be determined by dividing the costs
(including incremental costs) the Office of Emergency Services
estimates for the current fiscal year of 911 costs approved pursuant
to Article 6 (commencing with Section 53100) of Chapter 1 of Part 1
of Division 2 of Title 5 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 the surcharge
rate in any year be greater than three-quarters of 1 percent nor less
than one-half of 1 percent.
   (b) When determining the surcharge rate, the office shall include
the costs it expects to incur to plan, test, implement, and operate
Next Generation 911 technology and services, including text to 911
service, consistent with the plan and timeline required by Section
53121 of the Government Code.
   (c) At least one month before determining the surcharge rate
pursuant to subdivision (a), the office shall prepare a summary of
the calculation of the proposed surcharge and make it available to
the Legislature and the 911 Advisory Board, and on the office's
Internet Web site.
  SEC. 2.5.  Section 41030 of the Revenue and Taxation Code is
amended to read:
   41030.  (a) The Office of Emergency Services shall determine
annually, on or before October 1, to be effective on January 1 of the
following year, a surcharge rate pursuant to subdivision (b) that it
estimates will produce sufficient revenue to fund the current fiscal
year's 911 costs.
   (b) (1) The surcharge rate shall be determined by dividing the
costs (including incremental costs) the Office of Emergency Services
estimates for the current fiscal year of 911 costs approved pursuant
to Article 6 (commencing with Section 53100) of Chapter 1 of Part 1
of Division 2 of Title 5 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, 2015, to December 31, inclusive,
of the next succeeding calendar year, but in no event shall the
surcharge rate in any year be greater than three-quarters of 1
percent nor less than one-half of 1 percent.
   (2) Commencing with the calculation made October 1, 2015, to be
effective January 1, 2016, the surcharge shall be determined by
dividing the costs (including incremental costs) the Office of
Emergency Services estimates for the current fiscal year of 911 costs
approved pursuant to Article 6 (commencing with Section 53100) of
Chapter 1 of Part 1 of Division 2 of Title 5 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, the intrastate portion
of prepaid mobile telephony 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 the surcharge rate in any year be greater than three-quarters
of 1 percent or less than one-half of 1 percent. In making its
computation of the charges that are applicable to the intrastate
portion of prepaid mobile telephony services, the Office of Emergency
Services shall use the computation method developed by the Public
Utilities Commission and reported to the Office of Emergency Services
pursuant to subdivisions (a) and (b) of Section 319 of the Public
Utilities Code.
   (c) When determining the surcharge rates pursuant to this section,
the office shall include the costs it expects to incur to plan,
test, implement, and operate Next Generation 911 technology and
services, including text to 911 service, consistent with the plan and
timeline required by Section 53121 of the Government Code.
   (d) The office shall notify the board of the surcharge rate
determined pursuant to this section and the surcharge rate applicable
to prepaid mobile telephony services by October 15 of each year.
   (e) At least 30 days prior to determining the surcharge pursuant
to subdivision (a), the Office of Emergency Services shall prepare a
summary of the calculation of the proposed surcharge and make it
available to the public, the Legislature, the 911 Advisory Board, and
on its Internet Web site. The summary shall contain all of the
following:
   (1) The prior year revenues to fund 911 costs, including, but not
limited to, revenues from prepaid service.
   (2) Projected expenses and revenues from all sources, including,
but not limited to, prepaid service to fund 911 costs.
   (3) The rationale for adjustment to the surcharge determined
pursuant to subdivision (b), including, but not limited to, all
impacts from the surcharge collected pursuant to Part 21 (commencing
with Section 42001).
   (f) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
  SEC. 2.7.  Section 41030 is added to the Revenue and Taxation Code,
to read:
   41030.  (a) The Office of Emergency Services shall determine
annually, on or before October 1, a surcharge rate that it estimates
will produce sufficient revenue to fund the current fiscal year's 911
costs. The surcharge rate shall be determined by dividing the costs
(including incremental costs) the Office of Emergency Services
estimates for the current fiscal year of 911 costs approved pursuant
to Article 6 (commencing with Section 53100) of Chapter 1 of Part 1
of Division 2 of Title 5 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 the surcharge
rate in any year be greater than three-quarters of 1 percent nor less
than one-half of 1 percent.
   (b) When determining the surcharge rate, the office shall include
the costs it expects to incur to plan, test, implement, and operate
Next Generation 911 technology and services, including text to 911
service, consistent with the plan and timeline required by Section
53121 of the Government Code.
   (c) At least one month before determining the surcharge rate
pursuant to subdivision (a), the office shall prepare a summary of
the calculation of the proposed surcharge and make it available to
the Legislature and the 911 Advisory Board, and on the office's
Internet Web site.
   (d) This section shall become operative on January 1, 2020.
  SEC. 3.  (a) Section 2.5 of this bill incorporates amendments to
Section 41030 of the Revenue and Taxation Code proposed by both this
bill and Assembly Bill 1717. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2015, (2) each bill amends Section 41030 of the Revenue and Taxation
Code, and (3) this bill is enacted after Assembly Bill 1717, in which
case Section 41030 of the Revenue and Taxation Code, as amended by
Section 2 of this bill shall not become operative.
   (b) Section 2.5 of this bill would amend Section 41030 of the
Revenue and Taxation Code to make all of the amendments to that
section proposed by Section 2 of this bill and Section 7 of Assembly
Bill 1717, including the repeal of that section on January 1, 2020.
Section 2.7 of this bill would, as of that repeal date, add Section
41030 to the Revenue and Taxation Code to read as that section is
amended by Section 2 of this bill. Section 2.7 shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2015, (2) each bill amends Section 41030 of the
Revenue and Taxation Code, and (3) this bill is enacted after
Assembly Bill 1717.