BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2453


                                                                    Page  1





          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:  









                                                                    AB 2453


                                                                    Page  2






          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  








                                                                    AB 2453


                                                                    Page  3





            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)








                                                                    AB 2453


                                                                    Page  4







          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  








                                                                    AB 2453


                                                                    Page  5





            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;










                                                                    AB 2453


                                                                    Page  6





             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  








                                                                    AB 2453


                                                                    Page  7





            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  








                                                                    AB 2453


                                                                    Page  8





            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  








                                                                    AB 2453


                                                                    Page  9





            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: 











                                                                    AB 2453


                                                                    Page  10





            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,  








                                                                    AB 2453


                                                                    Page  11





            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.










                                                                    AB 2453


                                                                    Page  12





          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   




















                                                                    AB 2453


                                                                    Page  13