BILL NUMBER: SB 486	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator McGuire

                        FEBRUARY 26, 2015

   An act to  amend Section 16075   amend,
renumber, and add Section 2889.8  of the Public Utilities Code,
relating to  public utility districts. 
telecommunications. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 486, as amended, McGuire.  Public Utility Districts:
ordinances.   Telecommunications: reliability standards:
911 emergency service.  
   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.  
   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.  
   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.  
   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.
 
   Under existing law, a violation of any order, decision, rule,
direction, demand, or requirement of the commission is a crime. 

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

   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. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION   1.    This act shall be known, and
may be cited, as the 911 Emergency Reliability and Public Safety
Act. 
   SEC.   2.    Section 2889.8 of the 
 Public Utilities Code   is amended and renumbered to
  read: 
    2889.8.   2889.7.   The commission
periodically shall assess the reliability of the public
telecommunications network and, if necessary, develop recommendations
for improvement. The assessment shall include, but not be limited
to, all of the following:
   (a) An analysis of those factors that pose a risk to network
reliability, including the adequacy of independent sources of reserve
power.
   (b) Consideration as to whether development of reliability
standards is appropriate.  The commission shall consider the need
for reliability 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, which is a loss of service that resulted in an
inability of customers to access emergency services by dialing 911,
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.
   (c) Consideration as to whether procedures should be developed to
notify customers about accessing other telecommunications companies
in the event of a service disruption.
   SEC.   3.    Section 2889.8 is added to the
  Public Utilities Code   , to read:  
   2889.8.  The commission shall 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 commission shall set a threshold requiring the
reporting of any outage involving 90,000 user minutes or 3,000
customers. The commission may set a more stringent threshold
reporting requirement that ensures the timely reporting of outages
impacting customers in sparsely populated areas of the state. 
   SEC.   4.    No reimbursement is required by
this act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    Section 16075 of the Public
Utilities Code is amended to read:
   16075.  No ordinance passed by the board takes effect less than 45
days after its passage. At least one week before the expiration of
the 45-day period, copies of the ordinance shall be posted by the
clerk at three public places in the district, and if there is a
newspaper of general circulation printed and published in the
district, the ordinance shall be published in the newspaper pursuant
to Section 6061 of the Government Code.