BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 510


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          ASSEMBLY THIRD READING


          AB  
          510 (Rodriguez and Williams)


          As Introduced  February 23, 2015


          Majority vote


           ------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                |Noes                  |
          |                |      |                    |                      |
          |                |      |                    |                      |
          |----------------+------+--------------------+----------------------|
          |Governmental    |21-0  |Gray, Linder,       |                      |
          |Organization    |      |Achadjian, Alejo,   |                      |
          |                |      |Bigelow, Campos,    |                      |
          |                |      |Cooley, Cooper,     |                      |
          |                |      |Daly, Cristina      |                      |
          |                |      |Garcia,             |                      |
          |                |      |                    |                      |
          |                |      |                    |                      |
          |                |      |Eduardo Garcia,     |                      |
          |                |      |Gipson, Roger       |                      |
          |                |      |Hernández,          |                      |
          |                |      |                    |                      |
          |                |      |                    |                      |
          |                |      |Jones-Sawyer,       |                      |
          |                |      |Levine, Mayes,      |                      |
          |                |      |Perea, Salas,       |                      |
          |                |      |Steinorth, Waldron, |                      |
          |                |      |Wilk                |                      |
          |                |      |                    |                      |
          |----------------+------+--------------------+----------------------|
          |Appropriations  |17-0  |Gomez, Bigelow,     |                      |








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          |                |      |Bonta, Calderon,    |                      |
          |                |      |Chang, Daly,        |                      |
          |                |      |Eggman, Gallagher,  |                      |
          |                |      |                    |                      |
          |                |      |                    |                      |
          |                |      |Eduardo Garcia,     |                      |
          |                |      |Gordon, Holden,     |                      |
          |                |      |Jones, Quirk,       |                      |
          |                |      |Rendon, Wagner,     |                      |
          |                |      |Weber, Wood         |                      |
          |                |      |                    |                      |
          |                |      |                    |                      |
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          SUMMARY:  Requires the Office of Emergency Services (Cal OES) to  
          conduct, by January 1, 2017, a comprehensive review of the state's  
          911 emergency communications system, including all public safety  
          answering points (PSAP), available technology, funding needs,  
          telephone and equipment limitations, and the accuracy of calls  
          made by mobile devices, and provide a report on its findings and  
          recommendations to the Legislature.  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 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.










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          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 of 1976,  
            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.


          3)Requires Cal OES to administer the state's 911 emergency  
            telephone system, including local dispatch centers known as  
            PSAP, 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. 








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          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. 


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, minor and absorbable costs to Cal OES as a similar  
          report has already been commissioned.


          COMMENTS:  


          Purpose of the bill:  According to the author, there are two  
          primary problems with the state's current 911 emergency call  
          system resulting from the widespread use of mobile phones:  1)  
          calls are misrouted to the incorrect public safety answering  
          point, sometimes in another city or county; and 2) caller location  
          information provided to the public safety answering point is often  
          inaccurate.  The author claims approximately 70% to 80% of 911  
          calls are now made by wireless devices.  These calls are typically  
          forwarded to the California Highway Patrol, which ascertains the  
          location of the call and transfers the caller to the appropriate  
          local dispatch center, often causing delays in emergency response  
          services.


          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 2013,  
          this office was transferred from the California Technology Agency  
          to Cal OES as part of budget action.  The California Emergency  
          Number Association represents the state's PSAPs and provides  








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          research, planning, and training to support 911 dispatchers and  
          the state 911 system.  A state 911 Advisory Board advises Cal 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% 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% from 2007 through  
          2013, but in October 2014, Cal OES increased the surcharge to  
          0.75% 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.  


          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  








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








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          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 emergency communication system, including text to  
          911 service, throughout California, as specified.  Next Generation  
          911 is an upgrade to allow texting as an option for requesting  
          emergency assistance.  


          SB 1597 (Denham), Chapter 73, 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 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 2003.  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.




          Analysis Prepared by:                                               
          Eric Johnson / G.O. / (916) 319-2531  FN: 0000659















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