BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 510


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          Date of Hearing:  April 8, 2015 


                   ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION


                                  Adam Gray, Chair


          AB 510  
          (Rodriguez) - As Introduced February 23, 2015


          SUBJECT:  Emergency services:  911 emergency communication  
          system


          SUMMARY:  Requires Office of Emergency Services (Cal OES), by  
          January 1, 2017, to conduct a comprehensive review of  
          California's 911 emergency communications system, including all  
          public safety answering points (PSAP), available technology,  
          funding needs, and telephone and equipment limitations, and  
          provide a report on its findings to the Legislature, to include  
          specified information and recommendations.  Specifically, this  
          bill:  


          1)  Provides Cal OES shall, by January 1, 2017, conduct a  
          comprehensive review of California's 911 emergency  
          communications system, including all public safety answering  
          points, available technology, funding needs, and telephone and  
          equipment limitations, and provide a report on its findings to  
          the Legislature. 





          2)  Specifies that the report shall provide information  








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          regarding the accuracy of calls made by mobile devices made in  
          different areas of the state and shall include office  
          recommendations for future investment in services and  
          coordination with private and public groups needed to improve  
          service and accuracy.





          3)  Makes legislative findings and declarations.





          EXISTING LAW:  


          1)  Establishes Cal OES by the Governor's Reorganization Plan  
          No. 2, operative July 1, 2013. Requires Cal OES to perform a  
          variety of duties with respect to specified emergency  
          preparedness, mitigation, and response activities in the state,  
          including emergency medical services.





          2)  Provides under the Warren-911-Emergency Assistance Act, a  
          local public agency to adopt a plan to implement a 911 emergency  
          telephone response system, and establishes the State 911  
          Advisory Board to advise on specified subjects relating to the  
          state's 911 emergency telephone response system.













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          3)  Requires Cal OES to administer the state's 911 emergency  
          telephone system, including local dispatch centers known as  
          Public Safety Answering Points (PSAPs), with funds from a  
          911-customer surcharge on intrastate communication service.   
          Requires Cal 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.  





          4)  Requires Cal OES to develop a plan and timeline of target  
          dates for testing, implementing, and operating a Next Generation  
          911 emergency communication system, including text to 911  
          service, throughout this state. 





          5)  Requires Cal OES, in determining the surcharge rate, to  
          additionally include costs it expects to incur, consistent with  
          the plan and timeline, to plan, test, implement, and operate  
          Next Generation 911 technology and services, including text to  
          911 service. 





          6)  Requires Cal 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. 









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          FISCAL EFFECT:  Unknown


          COMMENTS:  


           Purpose of the bill  :   According to the author, there are gaps  
          in public safety protection. In addition, accurate caller  
          location information is vital for 911 calls and the safety of  
          Californians.  Problems with the current 911 systems include:  
          (1) misrouting a call to an entirely incorrect public safety  
          answering point (PSAP), sometimes in a different city or region,  
          and (2) delivery of inaccurate caller location information to  
          the proper PSAP.


          According to the information provided by the author, in many  
          areas, approximately 70 to 80 percent of 911 calls are made by  
          wireless devices, and in many cases, the exact location of the  
          caller is not immediately known.  Calls are generally forwarded  
          to a California Highway Patrol PSAP.  The caller is queried, the  
          location determined, and the call transferred to a local  
          dispatch center.  This often results in delays in the arrival of  
          emergency medical services responders and the provision of  
          important medical care.  On some occasions, errors in this  
          process have resulted in serious injury or death.


          The author points to a 2014 incident where a 24 year-old woman  
          was found unconscious on the floor of her family home in Santa  
          Barbara.  A family member called 911 from a cell phone; however,  
          the call was routed to Ventura, instead of Santa Barbara.  This  
          resulted in a 20-minute delay in the arrival of medical care.   
          The woman later died at a local hospital.  









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          The author states, the 911 system is technology dependent, which  
          over the years has steadily improved. There are, however,  
          significant problems with the 911 system and planning, and  
          recent developments in technology and decisions made by the  
          Federal Communications Commission (FCC) require the state to  
          reassess policies and practices.


          According to the author, it is imperative that the State of  
          California perform a review of its 911 emergency communications  
          system policies and procedures, to make changes that reflect  
          technology available now and in the near future, and to make  
          plans to improve the 911 system in order to protect lives. The  
          author states, "When someone calls 911, every second counts and  
          it is  alarming that, in an age where cell phones are so  
          prevalent in our society, our 911 systems are not able to  
          pinpoint a callers location.  We need to fix our systems so no  
          more lives are lost to senseless delays."


           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.  


          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  








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          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  
          2014, OES increased the surcharge to 0.75 percent effective  
          January 1, 2014, with projected total revenue of $108 million  
          for 2014-15.       


           Next Generation 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 Cal 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.  Cal 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.  









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          Cal OES has conducted field trials of Text-to-911 at six PSAPs  
          in California.  Cal OES is working on a contract to fund  
          service, and, upon final approval, can move forward with  
          deploying Text-to-911.  PSAPs will have the ability to select  
          how they wish to receive text (Integrated, Web, or TTY  
          emulation).  PSAPs can currently receive teletype texts (TTY,  
          devices used by the hearing impaired), but not Short Message  
          Service (SMS) unless activated through the carrier.  In the  
          meantime, carriers currently are required to send a  
          "bounce-back" auto-reply message to alert subscribers who  
          attempt to text 911 that the service is not available and that  
          they should place a voice call instead.  Many wireless providers  
          are preparing for next-generation emergency communications but  
          many PSAPs continue to operate with outdated equipment that is  
          unable to handle next-generation capabilities.


           New Federal 911 location-accuracy rules  :  On January 29, 2015,  
          the Federal Communications Commission (FCC) voted to adopt  
          updated rules to help emergency responders to better locate  
          wireless callers to 911.  This rule will require commercial  
          wireless carriers to provide improved 911 location-accuracy  
          information, including the first rules for wireless calls made  
          from inside a building or other facility.  





          According to a FCC press release, "The updated E911 rules are  
          intended to help first responders locate Americans calling for  
          help from indoors, including challenging environments such as  
          large multi-story buildings, where responders are often unable  
          to determine the floor or even the building where the 911 call  
          originated."  Under the newly approved rules, within two years,  








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          carriers will need to give an indoor position within 50 meters  
          in 40 percent of cases. Within five years, under the new rules,  
          the location will have to be accurate in 70 percent of cases.





          The FCC noted that no single technological approach will solve  
          the challenge of indoor location, and no solution can be  
          implemented overnight.  The new requirements therefore enable  
          wireless providers to choose the most effective solutions and  
          allow sufficient time for development of applicable standards,  
          establishment of testing mechanisms, and deployment of new  
          location technology.





           Prior legislation  :  SB 1211 (Padilla), Chapter 926, Statutes of  
          2014.  Requires the Cal 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.  Next Gen 911 is an upgrade to allow texting as an  
          option for requesting emergency assistance.  





          SB 1597 (Denham), Chapter73, Statutes of 2006.  Declares that  
          monies raised pursuant to the Emergency Telephone Users  
          Surcharge Act shall be held in trust for future 911 emergency  
          service projects.











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          AB 911 (Longville), Chapter   295, Statutes of 2004.  Created a  
          new infraction for using the "911" telephone system for purposes  
          other than an emergency, as defined.





          SB 911 (Alpert), Chapter 631, Statutes of 2004.  Created in  
          state government, the State 911 Advisory Board to advise the  
          Telecommunications Division of the Department of General  
          Services, comprised of specified members appointed by the  
          Governor.





          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Ambulance Association


          California American College of Emergency Physicians




          Opposition










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          None on file




          Analysis Prepared by:Eric Johnson / G.O. / (916) 319-2531