Amended in Senate April 6, 2015

Senate BillNo. 486


Introduced by Senator McGuire

February 26, 2015


An act tobegin delete amend Section 16075end deletebegin insert amend, renumber, and add Section 2889.8end insert of the Public Utilities Code, relating tobegin delete public utility districts.end deletebegin insert telecommunications.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 486, as amended, McGuire. begin deletePublic Utility Districts: ordinances. end deletebegin insertTelecommunications: reliability standards: 911 emergency service.end insert

begin insert

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law requires the commission to periodically assess the reliability of the public telecommunications network and, if necessary, to develop recommendations for improvement. The assessment is required to include (1) an analysis of those factors that pose a risk to network reliability, including the adequacy of independent sources of reserve power, (2) consideration as to whether development of reliability standards is appropriate, and (3) consideration as to whether procedures should be developed to notify customers about accessing other telecommunications companies in the event of a service disruption.

end insert
begin insert

This bill would require the commission, when considering the need for reliability standards, to consider standards governing the construction, operation, and maintenance of utility boxes, serving area interfaces, cross-connect facilities, cabinets, vaults, pedestals, and similar equipment located outside telephone corporation plant environments, particularly in areas that have previously experienced damage that caused a 911 outage, where the equipment is located in areas of high risk of vandalism or accidental damage and in areas lacking redundancy for backup of the main network facilities serving the area.

end insert
begin insert

The Warren-911-Emergency Assistance Act establishes the number “911” as the primary emergency telephone number for use in the state and requires the providing of enhanced service capable of selective routing, automatic number identification, or automatic location identification for all calls.

end insert
begin insert

This bill would require the commission to establish service outage reporting and response requirements applicable to 911 network service providers and all facilities-based local exchange carriers, including requirements addressing outages impacting access to 911 emergency call centers. The bill would require the commission to set a threshold for reporting outages that requires the reporting of any outage involving 90,000 user minutes or 3,000 customers. The bill would authorize the commission to establish a more stringent threshold reporting requirement that ensures the timely reporting of outages impacting customers in sparsely populated areas of the state.

end insert
begin insert

Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime.

end insert
begin insert

Because this bill requires the commission to implement service outage reporting and response requirements, a violation of which would be a crime, the bill would impose a state-mandated local program by creating a new crime.

end insert
begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin delete

The Public Utility District Act authorizes the formation of public utility districts and authorizes a district to acquire, construct, own, operate, or control works for supplying its inhabitants with light, water, power, heat, transportation, telephone service or other means of communication, or means for the disposition of garbage, sewage, or refuse matter. The act provides for the election of a board of directors to govern each district and authorizes a board to act only by ordinance, resolution, or motion. The act provides that no ordinance passed by the board takes effect less than 30 days after its passage and requires that, at least one week before the expiration of this 30-day period, copies of the ordinance be posted by the clerk of the district at 3 public places in the district and, if there is a newspaper of general circulation, requires that the ordinance be published in the newspaper, as specified.

end delete
begin delete

This bill would require that no ordinance passed by the board take effect less than 45 days after its passage and would make conforming changes to the posting and publishing requirements.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION end insertbegin insert1.end insert  

end insert

begin insertThis act shall be known, and may be cited, as the
2911 Emergency Reliability and Public Safety Act.end insert

3begin insert

begin insertSEC. end insertbegin insert2.end insert  

end insert

begin insertSection 2889.8 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
4and renumbered to read:end insert

5

begin delete2889.8.end delete
6begin insert2889.7.end insert  

The commission periodically shall assess the reliability
7of the public telecommunications network and, if necessary,
8develop recommendations for improvement. The assessment shall
9include, but not be limited to, all of the following:

10(a) An analysis of those factors that pose a risk to network
11reliability, including the adequacy of independent sources of
12reserve power.

13(b) Consideration as to whether development of reliability
14standards is appropriate.begin insert The commission shall consider the need
15for reliability standards governing the construction, operation,
16and maintenance of utility boxes, serving area interfaces,
17cross-connect facilities, cabinets, vaults, pedestals, and similar
18equipment located outside telephone corporation plant
19environments, particularly in areas that have previously
20experienced damage that caused a 911 outage, which is a loss of
21service that resulted in an inability of customers to access
22emergency services by dialing 911, where the equipment is located
23in areas of high risk of vandalism or accidental damage and in
24areas lacking redundancy for backup of the main network facilities
25serving the area.end insert

26(c) Consideration as to whether procedures should be developed
27to notify customers about accessing other telecommunications
28companies in the event of a service disruption.

P4    1begin insert

begin insertSEC. end insertbegin insert3.end insert  

end insert

begin insertSection 2889.8 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert,
2to read:end insert

begin insert
3

begin insert2889.8.end insert  

The commission shall establish service outage
4reporting and response requirements applicable to 911 network
5service providers and all facilities-based local exchange carriers,
6including requirements addressing outages impacting access to
7911 emergency call centers. The commission shall set a threshold
8requiring the reporting of any outage involving 90,000 user minutes
9or 3,000 customers. The commission may set a more stringent
10threshold reporting requirement that ensures the timely reporting
11of outages impacting customers in sparsely populated areas of the
12state.

end insert
13begin insert

begin insertSEC. end insertbegin insert4.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
14Section 6 of Article XIII B of the California Constitution because
15the only costs that may be incurred by a local agency or school
16district will be incurred because this act creates a new crime or
17infraction, eliminates a crime or infraction, or changes the penalty
18for a crime or infraction, within the meaning of Section 17556 of
19the Government Code, or changes the definition of a crime within
20the meaning of Section 6 of Article XIII B of the California
21Constitution.

end insert
begin delete
22

SECTION 1.  

Section 16075 of the Public Utilities Code is
23amended to read:

24

16075.  

No ordinance passed by the board takes effect less than
2545 days after its passage. At least one week before the expiration
26of the 45-day period, copies of the ordinance shall be posted by
27the clerk at three public places in the district, and if there is a
28newspaper of general circulation printed and published in the
29district, the ordinance shall be published in the newspaper pursuant
30to Section 6061 of the Government Code.

end delete


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