BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1211
                                                                  Page  1

          Date of Hearing:   August 6, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                    SB 1211 (Padilla) - As Amended:  May 27, 2014 

          Policy Committee:                             Utilities and  
          Commerce     Vote:                            16-0
                       Governmental Organization              14-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill requires the Office of Emergency Services (OES) to  
          develop a plan, including a timeline of target dates, for the  
          development of a Next Generation 911 (Next Gen 911) emergency  
          communication system.  Next Gen 911 is an upgrade to allow  
          texting as an option for requesting emergency assistance.  

          This bill requires OES, when determining the necessary 911  
          surcharge rate, to include costs to implement the Next Gen 911  
          system according to the plan.  Specifically, this bill:   

          1)Requires the Next Gen 911 system to incorporate shared  
            infrastructure and elements of other public safety and  
            emergency communications networks.

          2)Requires OES, when annually determining the surcharge rate  
            needed to fund 911 costs, to include planning, testing,  
            implementation, and operating costs consistent with the  
            established plan and timeline for the Next Gen 911 system.

          3)Requires OES, at least one month before finalizing the  
            surcharge rate, to report a calculation of the proposed 911  
            surcharge to the Legislature and the 911 Advisory Board and  
            post it on its Internet Web site. 

           FISCAL EFFECT  

          1)One-time costs of approximately $250,000 from the State  
            Emergency Telephone Number Account for two years for OES to  
            develop the plan and timeline (State Emergency Telephone  








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            Number Account).

          2)Increased cost pressures to implement Next Gen 911 estimated  
            to be $375 million during a five-year transition period, in  
            addition to $510 million to operate the current system (State  
            Emergency Telephone Number Account.)

          3)Ongoing costs to operate the Next Gen 911 system are  
            anticipated to be higher than operating the current system due  
            to increased complexity (State Emergency Telephone Number  
            Account.)

          4)Potential GF cost pressures resulting from a structural  
            imbalance in the State Emergency Telephone Number Account.)

          OES annually determines a customer surcharge rate on intrastate  
          voice communication services to provide sufficient revenues to  
          fund the 911 emergency system.  State Emergency Telephone Number  
          Account (SETNA) revenues have been sharply declining over the  
          last eight years because texting and other communication  
          technologies have been replacing intrastate voice service.   

          OES raised the surcharge to the statutory cap of  0.75% last  
          October, but the revenue decline is continuing.  Program costs  
          have exceeded revenues for several years, requiring additional  
          funds from reserves and a GF loan to cover costs.  Raising the  
          maximum surcharge amount is unlikely to provide a long-term  
          solution due to the decline is use of intrastate phone calls.

          The cost of developing a plan under this bill and the ultimate  
          implementation of Next Gen 911 will put additional pressures on  
          the SETNA.  GF revenues may be necessary to cover the costs of  
          the 911 system if the larger structural deficit issues with  
          SETNA are not addressed.

           COMMENTS  

           1)Purpose.   According to the author, California's statewide 911  
            telephone system will be upgraded to enable texting to 911 as  
            an option for requesting emergency assistance.  

            This bill establishes a process for adjusting the customer fee  
            that funds the 911 system.  It also requires coordinated  
            planning of 911 upgrades, and shared infrastructure where  
            feasible, with other public safety communications networks  








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            deployed in California with state and federal funds. 

           2)Background.   California's existing 911 emergency system was  
            established by the Warren 911 Emergency Assistance Act of 1976  
            and includes 458 Public Safety Answering Points (PSAPs). A  
            PSAP is a call center that is responsible for answering calls  
            to an emergency telephone number for police, firefighting, and  
            ambulance services. The PSAPs in California receive about 25  
            million 911 voice calls per year, 75% of which are from  
            wireless devices.  
             
             These calls are dispatched to local first responders including  
            police, ambulance, fire, medical and other emergency service  
            providers. The Public Safety Communications Office within OES  
            administers the state 911 system.  In 2013, this office was  
            transferred from the California Technology Agency (CTA) to OES  
            as part of the 2013-14 Budget Act.  

            The 911 program costs are paid from SETNA funds derived from a  
            statewide 911 surcharge on telephone customer bills. OES is  
            required to determine the surcharge rate annually up to a  
            statutory maximum of 0.75% of intrastate service charges. The  
            SETNA 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.

           3)Next Gen 911.   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.  Implementing Next Gen  
            911 will require substantial funding for PSAP upgrades to an  
            IP-based platform. A preliminary OES 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 911 system. OES states this is an estimated $375  
            million over five years on top of the $510 million to operate  
            the existing system over that same five years.  

            Under a proposed FCC rule, wireless and Internet-based text  
            providers will be required to offer text-to-911 capability by  








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            December 31, 2014. Short Message Service (SMS) texting  
            technology is an acceptable interim solution prior to full  
            deployment of Next Gen 911 infrastructure.  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. 

            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.   Carriers are required to send a "bounce  
            back" auto-reply message that the service is not available and  
            the customer should place a voice call instead.
           
           

           Analysis Prepared by  :    Jennifer Galehouse / APPR. / (916)  
          319-2081