BILL ANALYSIS Ó
AB 2453
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Date of Hearing: March 30, 2016
ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
Mike Gatto, Chair
AB 2453
(Rodriguez) - As Introduced February 19, 2016
SUBJECT: Emergency services: State 911 Advisory Board
SUMMARY: Increases the membership of the State 911 Advisory
Board from 11 members to 15 members. Specifically, this bill:
1)Adds four additional member to the State 911 Advisory Board
from each of the following categories:
a) The California Emergency Medical Services Authority;
b) The communications industry;
c) The telecommunications and cellular technology field;
and
d) The public safety communications field.
EXISTING LAW:
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1)Establishes the State 911 Advisory Board comprised of the
following members who are appointed by the Governor:
a) The Chief of the Public Safety Communications Division,
who serves as a nonvoting chair of the board;
b) One representative from the California Highway Patrol;
c) Two representatives recommended by the California Police
Chiefs Association;
d) Two representatives recommended by the California State
Sheriff's Association;
e) Two representatives recommended by the California Fire
Chiefs Association;
f) Two representatives recommended by the California
Chapter of the National Emergency Number Association
Executive Board; and
g) One representative on the joint recommendation of the
executive boards of the state chapters of the Association
of Public-Safety Communications Officials-International,
Inc. (Government Section Code 53115.1)
2)Requires the State 911 Advisory Board to advise the Office of
Emergency Services (CalOES) on policies, practices, and
procedures for the California 911 Emergency Communications
Office, technical and operational standards for the California
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911 system consistent with the National Emergency Number
Association (NENA) standards, budget, funding, and
reimbursement decisions related to the State Emergency Number
Account, and expediting rollout of the Enhanced 911 Phase II
technology, among other things. (Government Code Section
53115.2)
3)Establishes the Warren-911-Emergency Assistance Act
(Warren-911 Act), which creates a uniform, statewide 911
emergency number, and improves statewide emergency
communications procedures and facilities, as specified.
(Government Code Section 53100)
4)Requires every local public agency to establish and operate a
basic 911 emergency response system, or be a part of such a
system. (Government Code Section 53109)
5)Defines "public agency" as any city, county, municipal
corporation, public district, or public authority within the
state which provides or has the authority to provide
firefighting, police, ambulance, medical, or other emergency
services. (Government Code Section 53110)
6)States 911 Advisory board members shall not be compensated for
their service on the board, but can be reimbursed for travel
and per diem for time spent in attendance of quarterly board
meetings. (Government Code Section 53115.1(e))
7)Requires the CalOES to develop a plan and timeline of target
dates for the testing, implementation, and operation of a Next
Generation 911 emergency communication system which will
enable real-time transmission of emergency-related voice,
text, data, photos, and video between the public and public
safety agencies. (Government Code Section 53120)
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FISCAL EFFECT: Unknown.
COMMENTS:
1)Author's Statement: "AB 2453 revises the makeup of the State
911 Advisory Board to provide valuable expertise and technical
input on the future of the 911 system. In the 911 system new
and developing technologies, software and equipment are being
created and are increasingly complex. Having a more diverse
and knowledgeable Board will create a better 911 system. The
OES description of the State 911 Advisory Board states that it
'? advises the California 911 Emergency Communications Branch
on policies, practices and procedures; technical and
operational standards for the California 911 system. The Board
was established by statute in 2005.' Better and more
comprehensive technical expertise on the board is needed."
2)Background: In 1973, the Legislature passed the Warren-911
Act, which established the state's 911 emergency telephone
response system. Before the Act, the state had thousands of
different emergency phone numbers, and its telephone exchange
boundaries and central office service areas were not designed
to consider public safety and political boundaries. The
Warren-911 Act provided for a single, primary three-digit
emergency number through which emergency service could be
quickly and efficiently obtained making it less difficult for
law enforcement and other public service personnel to locate
and provide emergency services.
In 2014, the Legislature passed SB 1211 (Padilla), Chapter
926, Statutes of 2014, requiring CalOES to develop a plan and
timeline of target dates for testing, implementing, and
operating a Next Generation 911(Next Gen 911) emergency
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communication system, including text to 911 service. Next Gen
911 is 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 state 911
voice system that operates on the legacy switched telephone
network. The system is aimed at updating the 911 service
infrastructure to improve public emergency communications
services in a growingly wireless mobile society.
CalOES oversees and coordinates the emergency preparedness,
response, and recovery activities within the state. The CalOES
Public Safety Communication Office is tasked with
administering the states 911 emergency system which includes
reviewing local public safety answering point equipment and
operations. The 911 Advisory Board advises CalOES on the
operation, funding, and planning for the State 911 system.
3)State 911 Advisory Board: The State 911 Advisory Board makes
recommendations to the 911 Emergency Communications Branch
within CalOES on policies, practices, procedures, and
technical and operational standards for the state 911 system.
The current Board consists of 11 members:
a) The Chief of the Public Safety Communications Division,
who serves as a nonvoting chair of the board;
b) One representative from the California Highway Patrol;
c) Two representatives recommended by the California Police
Chiefs Association;
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d) Two representatives recommended by the California State
Sheriffs' Association;
e) Two representatives recommended by the California Fire
Chiefs Association;
f) Two representatives recommended by the California
Chapter of the National Emergency Number Association
Executive Board; and
g) One representative who is jointly recommended by the
executive boards of the state chapters of the Association
of Public-Safety Communications Officials-International,
Inc.
This bill would increase the membership of the Board from 11
members to 15 by adding one member to the Board from each of
the following four categories:
a) The California Emergency Medical Services Authority;
b) A representative from the communications industry;
c) A representative from the telecommunications and
cellular technology field; and
d) A representative from the public safety communications
field.
4)California Emergency Medical Services Authority: Emergency
Medical Service (EMS) centers provide emergency and disaster
medical services through a network of first responders,
Emergency Medical Technicians (EMTs), nurses, and physicians.
According to the Warren-911 Act, medical services must be
provided via the 911 emergency response system. Although most
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EMS centers are consolidated within law enforcement and fire
public safety answering points (PSAPs), the current membership
of the 911 Advisory Board does not include a member who is
identified primarily as a medical professional on the CalOES
Web site.
According to a study conducted by the Department of Emergency
Medicine at SUNY Upstate Medical University, a primary barrier
to the deployment of emergency 911 services is getting
stakeholders together to agree on an implementation strategy.
Researchers found that physicians, nurses, EMS providers and
others in the medical community can play an important
leadership role in the development of a wireless emergency 911
(WE-911) implementation plan. Furthermore, researchers state,
"there is a need to educate the medical community not only on
the issues, but also on how it can move from a reactive
(retrospective) to a proactive role and have a positive impact
on WE-911 implementation."
5)Communications Industry and Public Safety Communications: As
911 emergency services technology develops, it is important to
consult with the communications industry to develop strategies
for educating the public on their options for contacting
emergency service providers. In addition to calling 911 from a
phone, Next Gen 911 will enable the public to transmit text,
images, video and data to a 911 center. Next Gen 911 also
envisions additional types of emergency communications and
data transfer and is intended to replace the current system
over time.
It is important that the public understands how to access the
911 emergency response system. Many wireless phone users do
not understand that their emergency call may not provide a
dispatcher with the caller's location automatically and that
they will have to provide their location by voice. Knowing
the capability of the phone service to provide location
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automatically is crucial, often life-saving information for
the caller and for the dispatcher. Educating the public on
ways they can and cannot contact emergency services using
modern technology will only become more critical as Next Gen
911 develops additional types of emergency communications
capabilities.
6)Telecommunications/ Cellular Technology Expert: The Warren-911
Act identifies the importance of technology, and telephone
technologies in particular, to the functionality of the state
911 emergency response system. Existing law establishes a
clear connection between efficiency in the emergency response
system and reducing emergency response times. Incorporating
telecommunications and cellular technology expertise in the
development of the 911 emergency response system is important
to ensure emergency response technologies continue to become
more efficient as modern communications technologies develop.
7)Conflict of Interest: This bill seeks to add a representative
from the Board coming from the California Emergency Medical
Services Authority, the communications industry, the
telecommunications and cellular technology field, and the
public safety communications field to the State 911. However,
adding Board members from these industries may result in the
addition of Board members with substantial conflicts of
interest. The State 911 Advisory Board advises CalOES on
policies, practices, and procedures for the 911 Emergency
Communications Office as well as budget, funding, and
reimbursement decisions related to the State Emergency Number
Account. It is possible that members of the Board from these
professional fields and industries may be making substantial
financial decisions on issues that may benefit for-profit
companies in the professional fields and industries they
represent.
The author may wish to consider an amendment to ensure these
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additional Board members do not have a conflict of interest
with the State 911 Advisory Board.
8)Arguments in Support: According to the California Cable &
Telecommunications Association (CCTA), "Given the important
role of the Board amid rapidly changing technology, new
products, and services related to emergency communications,
CCTA welcomes the addition of board members who have
technical, communications industry expertise, and are able to
share that knowledge. In particular, with the advent of
Next-Gen 911 emerging technologies, the additional board
representatives prescribed by AB 2453 would enable the board
to make fully informed and timely procurement decisions."
9)Arguments in Opposition: According to the California Fire
Chiefs Association and the Fire Districts Association of
California, "The proposed additional positions, as outlined in
AB 2453, are already represented by the current Board. As
currently designed, each representative of the 911 Advisory
Board was chosen to represent multiple stakeholder groups,
both as subject matter experts within the public safety
industry and as representatives of their respective groups.
Presently, technical experts have the opportunity to provide
guidance and bring their concerns before the 911 Advisory
Board and Long Range Planning Community; expanding the Board
to include members of the commercial community may create a
conflict of interest."
10)Suggested Amendments:
Add the following sections to the Government Code:
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Government Code Section --- : No representative from the
California Emergency Medical Services Authority,
communications industry, cellular technology or
telecommunications industry, or public safety communications
field shall be a member of the Board who, during the two years
prior to appointment on the Board, received any substantial
portion of his or her income directly or indirectly from a
professional category or industry listed above. A
representative from the California Emergency Medical Services
Authority, communications industry, cellular technology or
telecommunications industry, or public safety communications
field shall not be employed within a professional category or
industry listed above within two years after he or she ceases
to be a member of the Board.
Government Code Section --- : A person who is a member of the
Board shall not participate personally and substantially as a
member of the Board, through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or
otherwise, in a determination, contract, claim, controversy,
study, plan, or other particular matter in which, to his or
her knowledge, he or she, his or her spouse, minor child, or
partner, or any organization, except a governmental agency or
educational or research institution qualifying as a nonprofit
organization under state or federal income tax law, in which
he or she is serving, or has served as officer, director,
trustee, partner, or employee while serving as a member of the
Board or within two years prior to his or her appointment as a
member of the Board, has a direct or indirect financial
interest.
Government Code Section --- : A person who is a member of the
Board shall not act as an attorney, agent, or employee for any
person other than the state in connection with any judicial or
other proceeding, hearing, application, request for a ruling,
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or other determination, contract, claim, controversy, study,
plan, or other particular matter in which the Board is a party
or has a direct and substantial interest.
11)Related Legislation:
AB 1564 (Williams) 2016: Requires CalOES, the California
Highway Patrol, and county coordinators to review the states
routing of 911 calls, as specified. Pending in the Assembly
Utilities and Commerce Committee.
AB 510 (Rodriguez) 2015: Requires CalOES, by January 1, 2017,
to conduct a comprehensive review of California's 911
emergency communication systems, as specified. Pending in the
Senate Energy, Utilities and Communications Committee.
12)Prior Legislation:
SB 1211 (Padilla), Chapter 926, Statutes of 2014: Requires
CalOES to develop a plan and timeline of target dates for
testing, implementing, and operating a Next Gen 911 emergency
communication system, including text to 911 service,
throughout California, as specified.
SB 911 (Alpert), Chapter 631, Statutes of 2004: Created the
State 911 Advisory Board to advise the Telecommunications
Division of the Department of General Services, with
membership appointed by the Governor.
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REGISTERED SUPPORT / OPPOSITION:
Support
California Cable & Telecommunications Association
Opposition
California Fire Chiefs Association
Fire Districts Association of California
Analysis Prepared by:Darion Johnston / U. & C. / (916) 319-2083
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