BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1211| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 1211 Author: Padilla (D) Amended: 5/27/14 Vote: 21 SENATE ENERGY, UTILITIES & COMMUNICATIONS COMM : 9-0, 4/1/14 AYES: Padilla, Fuller, Cannella, Corbett, DeSaulnier, Hill, Knight, Pavley, Wolk NO VOTE RECORDED: Block, De León SENATE GOVERNANCE & FINANCE COMMITTEE : 6-0, 4/24/14 AYES: Wolk, Beall, DeSaulnier, Hernandez, Liu, Walters NO VOTE RECORDED: Knight SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/14 AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg SUBJECT : Emergency services: Next Generation 911 SOURCE : Author DIGEST : This bill requires the Office of Emergency Services (OES) to develop a plan and timeline of target dates for testing, implementing, and operating a Next Generation 911(Next Gen 911) emergency communication system, including text to 911 service, throughout California, as specified. ANALYSIS : Existing law: 1.Requires OES to administer the state's 911 emergency telephone CONTINUED SB 1211 Page 2 system, including local dispatch centers known as Public Safety Answering Points (PSAPs), with funds from a 911 customer surcharge on intrastate communication service. 2.Requires OES to determine annually, on or before October 1, the customer surcharge rate to fund the subsequent year's costs of the state 911 system. Current decisions of the Federal Communications Commission (FCC) establish May 15, 2014, as the date for large wireless service providers to enable customers to text to 911 to any PSAP that is "technically ready" and require carriers to send a "bounce-back" message if the PSAP is not ready to receive texts. Current federal law designates up to $7 billion from FCC spectrum auctions to fund a nationwide public safety broadband network known as FirstNet and directs that this network integrate 911 PSAPs. This bill: 1.Requires that the OES plan for deploying Next Gen 911 incorporate, where consistent with public safety and technologically feasible, shared infrastructure and elements of FirstNet and other public safety communications networks that receive state and federal funding. 2.Requires OES, at least one month before finalizing the 911 surcharge rate, to prepare a summary of the calculation of the proposed surcharge, include the costs it expects to incur consistent with the plan to deploy text to 911 and Next Gen 911, and make this information available to the Legislature and the 911 Advisory Board, and on the office's Internet Web site. Background OES Administers Statewide 911 System . California's existing 911 system, established pursuant to the Warren 911 Emergency Assistance Act of 1976, includes 458 PSAPs that receive about 25 million 911 voice calls per year. These calls are dispatched to local first responders including police, ambulance, fire, medical and other emergency service providers. About 75 percent of all 911 calls are from wireless devices. CONTINUED SB 1211 Page 3 The Public Safety Communications Office within OES administers the state 911 system, reviews local PSAPs' 911 equipment and operations, and reimburses their reasonable costs for planning, implementation, and maintenance of approved 911 systems. In 2013, this office was transferred from the California Technology Agency to OES as part of budget action. The California Emergency Number Association represents the state's PSAPs and provides research, planning, and training to support 911 dispatchers and the state 911 system. A state 911 Advisory Board advises OES on operation, funding, and long-range planning for PSAPs and the state 911 system. 911 Funded By Customer Surcharge . The 911 program costs are paid from the State Emergency Telephone Number Account funds, which are derived from a statewide 911 surcharge on telephone customer bills, including landline, wireless and Voice over Internet Protocol services. OES is required to determine the surcharge rate annually up to a statutory maximum of 0.75 percent of intrastate service charges. The State Emergency Telephone Number Account has been in a structural deficit for years, with annual surcharge revenue declining from about $133 million in 2005-06 to about $80 million in 2012-13. The rate was set at 0.50 percent from 2007 through 2013, but in October OES increased the surcharge to 0.75 percent effective January 1, 2014, with projected total revenue of $108 million for 2014-15. Next Gen 911Planning Underway . Next Gen 911 refers to an Internet Protocol (IP)-based, two-way communications system that will enable real-time transmission of emergency-related voice, text, data, photos, and video between the public and public safety agencies. Next Gen 911 will build upon, and eventually replace, the existing 911 voice system that operates on the legacy switched telephone network. Implementing Next Gen 911 will require substantial funding for PSAP upgrades to an IP-based platform. OES (the California Technology Agency prior to July 2013) published a roadmap in 2010, conducted public stakeholder meetings in 2011, and now is conducting several pilot projects with vendors and PSAPs. A "Rough Order Magnitude Cost Estimate" reported in 2013 was $885 million for total hardware and software costs to deploy conceptual Next Gen 911 design while also running the existing 9-1-1 system. OES states that this is an estimated $375 million additional investment over five years on top of the $510 million to operate the CONTINUED SB 1211 Page 4 existing system over that same five years. But, because of a 50 percent margin of error in that estimate, OES states that it will have refined cost estimates at the completion of the pilot projects in mid-2015. Text to 911 Requires PSAP Readiness . No later than May 15, 2014, the four major wireless carriers, AT&T, Verizon, Sprint, and T-Mobile, will offer all subscribers the ability to text to 911, pursuant to a voluntary commitment to the FCC. A proposed FCC rule would require all wireless and Internet-based text providers to offer text-to-911 capability by December 31, 2014. Short Message Service texting technology is an acceptable interim solution prior to full deployment of Next Gen 911 infrastructure. While a voice call to 911 is still preferred, text to 911 offers public safety advantages for persons with disabilities, in a hostage situation or home break-in when a voice call can be dangerous, and when network congestion from high usage during a crisis makes voice connections unavailable or slow. But despite these 2014 carrier obligations, text to 911 will not be fully operational until PSAPs are "technically ready" and authorized by a state or local 911 agency to receive 911 text messages. PSAPs require equipment upgrades, and likely additional staff and training. As stated by FCC Chairman Wheeler: "Of course, as the saying goes, it takes two to tango. Providers will deliver the information, but it will mean little if PSAPs and state and local governments do not take the necessary steps ? to ensure that PSAPs have sufficient funding to deploy the necessary technologies and, ultimately, make the migration to NG911." To date, OES has not specified plans to fund PSAP upgrades to receive texts, but reports that it is conducting pilots to verify the operation of each form of text to provide the PSAPs with a basis to determine which, if any, form of text they want to receive. (OES also reports that all PSAPs currently have the ability to receive Short Message Service to teletype texts, devices used by the hearing-impaired.) In the meantime, carriers currently are required to send a "bounce-back" auto-reply message to alert subscribers who attempt to text to 911 that the service is not available and that they should place CONTINUED SB 1211 Page 5 a voice call instead. Comments According to the author, this bill will enhance public safety and achieve costs savings in two ways. First, it will increase transparency and accountability for establishing the state 911 surcharge, which will help ensure that the fee is adequate to fund upgrades necessary for text to 911 and Next Gen 911. The bill does not increase the surcharge. Second, it requires coordinated planning of Next Gen 911 infrastructure with FirstNet and other public safety communications systems, which will help leverage federal funds and achieve maximum efficiency through shared infrastructure where technologically feasible and consistent with public safety. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee, one-time costs of approximately $250,000 from the State Emergency Telephone Number Account (special)/General Fund for two years to develop a plan and timeline for the deployment of a Next Gen 911 system. SUPPORT : (Verified 5/27/14) AT&T California's Independent Telecommunications Companies California Police Chiefs Association CALNENA Frontier Office of Ratepayer Advoates The Utility Reform Network Sprint Verizon JG:nl 5/27/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED SB 1211 Page 6 CONTINUED