BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1211
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          SENATE THIRD READING
          SB 1211 (Padilla)
          As Amended  May 27, 2014
          Majority vote 

           SENATE VOTE  :37-0  
           
           UTILITIES & COMMERCE             14-0               GOVERNMENTAL  
          ORGANIZATION     16-0           
           
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          |Ayes:|Patterson, Bonilla,       |Ayes:|Hall, Achadjian, Campos,  |
          |     |Buchanan, Chávez, Dahle,  |     |Chesbro, Cooley,          |
          |     |Fong, Beth Gaines,        |     |Dababneh, Gray,           |
          |     |Garcia, Roger Hernández,  |     |Roger Hernández, Jones,   |
          |     |Jones, Mullin, Quirk,     |     |Jones-Sawyer, Levine,     |
          |     |Rendon, Skinner           |     |Medina,                   |
          |     |                          |     |V. Manuel Pérez, Salas,   |
          |     |                          |     |Waldron, Wilk             |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
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           APPROPRIATIONS      17-0                                        
           
           ----------------------------------------------------------------- 
          |Ayes:|Gatto, Bigelow,           |     |                          |
          |     |Bocanegra, Bradford, Ian  |     |                          |
          |     |Calderon, Campos,         |     |                          |
          |     |Donnelly, Eggman, Gomez,  |     |                          |
          |     |Holden, Jones, Linder,    |     |                          |
          |     |Pan, Quirk,               |     |                          |
          |     |Ridley-Thomas, Wagner,    |     |                          |
          |     |Weber                     |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
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           SUMMARY  :  Requires the Office of Emergency Services (OES) to  
          develop a plan and timeline for testing, implementation, and  
          operation of a Next Generation 9-1-1 (NG9-1-1) emergency  
          communication system throughout California, and also requires  
          OES to include NG9-1-1 costs in its annual calculation of the  
          9-1-1 surcharge rate.  Specifically,  this bill  :   

          1)Requires the NG9-1-1 system to incorporate, where consistent  








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            with public safety and technologically feasible, shared  
            infrastructure and elements of other public safety and  
            emergency communications networks.

          2)Requires OES, when annually determining the surcharge rate  
            needed to fund the fiscal year's 9-1-1 costs, to include  
            planning, testing, implementation, and operating costs  
            consistent with the established plan and timeline for the  
            NG9-1-1 system.

          3)Requires OES, at least one month before finalizing the  
            surcharge rate, to report a calculation of the proposed 9-1-1  
            surcharge to the Legislature and the 9-1-1 Advisory Board and  
            also post it on its Internet Web site. 

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee:

          1)One-time costs of approximately $250,000 from the State  
            Emergency Telephone Number Account (SETNA) for two years for  
            OES to develop the plan and timeline (State Emergency  
            Telephone 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 General Fund 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 declining over the last eight  
          years because texting and other communication technologies have  
          been replacing intrastate voice service.   









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          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  
            deployed with state and federal funds. 
           
           2)California's 9-1-1 System.  The state's 9-1-1 system has been  
            in place since 1979, pursuant to the Warren-9-1-1-Emergency  
            Assistance Act of 1972.  Within the Public Safety  
            Communications Office at OES, the 9-1-1 Emergency  
            Communications Branch is responsible for administration and  
            funding of equipment and network services related to routing  
            and answering of 9-1-1 calls at approximately 460 local  
            dispatch centers (Public Safety Answering Points - "PSAPs").   
            This office was transferred from the California Technology  
            Agency to OES in 2013 as part of budget action.  

            In 2013, 25.7 million 9-1-1 calls were placed in California  
            (more than 71,000/day), with about 75% from wireless devices.   
            Incoming calls from landline customers include automatic  
            number and location information, whereas calls from wireless  
            devices identify location by longitude and latitude (or by  
            cell tower location on some older systems).
           
           3)The 9-1-1 surcharge. 9-1-1 services are funded by a surcharge  
            paid on every intrastate telephone communication and Voice  








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            over Internet Protocol (VoIP) phone bill.  As defined in  
            statute, the surcharge must be no less than 0.5% and no  
            greater than 0.75%, with the current 2014 calendar year  
            surcharge rate set at 0.75%.  The surcharge is collected from  
            consumers by each telephone service supplier and remitted to  
            the State Board of Equalization, which deposits the funds into  
            the State Emergency Telephone Number Account.
             
             SETNA's annual surcharge revenue has been declining - from  
            about $133 million in 2005-06 to about $80 million in 2012-13.  
             By increasing the surcharge to 0.75% in 2014 (the rate was  
            0.50% from 2007-2013), total revenue is projected to increase  
            to $108 million in 2014-15.

          4)Next Generation 9-1-1 (NG9-1-1). NG9-1-1 is an Internet  
            Protocol (IP)-based two-way communications system that will  
            allow digital information (such as voice, photos, videos, text  
            messages) to flow from the public through the 9-1-1 network  
            and on to emergency responders. NG9-1-1 will build upon, and  
            eventually replace, the existing 9-1-1 voice system that  
            operates on the legacy switched telephone network.  

             The transition to NG9-1-1 will require significant planning,  
            training, and funding (e.g., for PSAP upgrades to an IP-based  
            platform).  The California Technology Agency (predecessor to  
            OES) published a proposed California NG9-1-1 Roadmap in  
            December 2010, broadly laying out the actions needed to deploy  
            NG9-1-1. Public stakeholder meetings were conducted in 2011,  
            and the 9-1-1 Branch is now in the midst of several pilot  
            projects.  

             Over the next five years, OES estimates the upgrade to NG9-1-1  
            may cost $375 million on top of the $110 million yearly costs  
            already needed to operate the existing 9-1-1 system.  Due to a  
            50% margin of error in the current estimate, OES states it  
            will refine cost estimates upon completion of the pilot  
            projects in mid-2015.  
           
          5)NG911 planning already underway.  Before the end of 2014, OES  
            intends to release a request for proposals (RFP) for system  
            needs and the development of a transition plan to NG9-1-1,  
            which include a detailed list of requirements and timelines. 

            This bill would require OES to "develop a plan and timeline  








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            for testing, implementation, and operation" of NG9-1-1.  OES  
            is already undertaking these activities without statutory  
            obligations. Passage of this bill would make these tasks  
            mandatory. 

          6)Including NG9-1-1 costs in the calculation of surcharge rates.  
             This bill requires NG9-1-1 planning and implementation costs  
            to be considered during OES' calculation of the annual 9-1-1  
            surcharge.  As mentioned previously, 9-1-1 program (SETNA)  
            revenue has been declining.  It seems unlikely that, even at  
            the maximum allowable surcharge rate of 0.75%, OES will be  
            able to fund the current 9-1-1 operation and the transition to  
            NG9-1-1.  However, addressing the larger structural deficit  
            issues with SETNA is beyond the scope of this bill.  

           
           Analysis Prepared by  :    Brandon Gaytan / U. & C. / (916)  
          319-2083 


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