BILL ANALYSIS Ó AB 510 Page 1 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 AB 510 Page 2 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. AB 510 Page 3 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. AB 510 Page 4 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. AB 510 Page 5 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 AB 510 Page 6 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. AB 510 Page 7 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, AB 510 Page 8 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. AB 510 Page 9 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 AB 510 Page 10 None on file Analysis Prepared by:Eric Johnson / G.O. / (916) 319-2531