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 SB 1211 Page 2 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 SB 1211 Page 3 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 SB 1211 Page 4 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