BILL ANALYSIS Ó SB 1211 Page 1 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 ----------------------------------------------------------------- |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 | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Gatto, Bigelow, | | | | |Bocanegra, Bradford, Ian | | | | |Calderon, Campos, | | | | |Donnelly, Eggman, Gomez, | | | | |Holden, Jones, Linder, | | | | |Pan, Quirk, | | | | |Ridley-Thomas, Wagner, | | | | |Weber | | | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- 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 SB 1211 Page 2 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. SB 1211 Page 3 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 SB 1211 Page 4 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 SB 1211 Page 5 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 FN: 0004915