BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           912 (Torres)
          
          Hearing Date:  8/17/2009        Amended: 8/17/2009
          Consultant:  Bob Franzoia       Policy Vote: E,U&C 9-2
          _________________________________________________________________ 
          ____
          BILL SUMMARY: AB 423 would specify that a minimum of 0.50  
          percent of the charges for intrastate telephone communications  
          services and Voice over Internet Protocol (VoIP) service to  
          which an existing surcharge applies, be spent for the costs of  
          administering, operating, and maintaining the state 911  
          emergency telephone number system, including, until December 31,  
          2011, a maximum of 0.25 percent of the charges for intrastate  
          telephone communications services and VoIP service to which the  
          surcharge applies for a one time payment to primary Public  
          Safety Answering Points (PSAPs) for personnel costs.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11      2011-12     Fund
           Requirement to allocate set       No costs or savings; sets  
          minimum appro-         Special*
          percentage of funds    priation at a level estimated to be lower
                                 than actual surcharge level

          One time revenue       $0 to up to $2,826 to $4,710 through  
          Special*
          availability           December 2011
                                                        
          One time administration of        Unknown, potentially  
          significant            Special*
          payments to PSAPs
                                                                  
          * State Emergency Telephone Number Account (1760-0022)
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: 
          
          Chapter 443/1976 provides for a surcharge on intrastate  
          communications services to be deposited in the State Emergency  
          Telephone Number Account.   This account was created to fund the  










          costs of planning and implementing a uniform three digit  
          telephone number through which emergency services can be  
          obtained.  Revenue and Taxation Code 41030 provides that the  
          Department of General Services (DGS) shall determine annually a  
          surcharge rate that it estimates will produce sufficient revenue  
          to fund the current fiscal year's 911 system costs, though in no  
          event shall such a surcharge rate in any year be greater than  
          three fourths of one percent (0.75) nor less than one half of  
          one percent (0.5).  This bill would substitute the Office of the  
          Chief Information Officer (OCIO) as the entity responsible for  
          the system.  This is conforming statutes as the OCIO has already  
          assumed staff and functions previously administered by DGS.

          PSAPs are entities which have the responsibility of answering  
          calls placed to 911 and for ensuring that emergency assistance  
          is dispatched expeditiously.  It is estimated that approximately  
          90 percent of PSAP costs, generally staffing and facilities, are  
          borne by 

          Page 2
          AB 912 (Torres)

          the local agency.  The allocation of the 911 network, database,  
          and call taking equipment to the PSAPs represents the remaining  
          10 percent, which is paid by the state.  There are 384 PSAPs  
          with all but 34 PSAPs, including Long Beach, Oakland, and  
          Sacramento, answering wireless 911 calls.  PSAPs would submit  
          claims for reimbursement of costs necessary to recruit and train  
          safety personnel to accept wireless enhanced 911 calls.  The  
          OCIO would incur costs to confirm the claims.

          This account has a 2009-10 fund balance estimated at $95,253,000  
          after total expenditures of $127,741,000 on total resources of  
          $222,994,000.  Total revenue is estimated at $94,200,000 (0.5  
          percent).  (Revenue in 2008-09 was $98,900,000.)  This bill  
          would make available up to 0.25 percent of the surcharge revenue  
          from within the existing cap.  While this could make available  
          up to an estimated $47,000,000, in practice it would be up to an  
          estimated $2,826,000 (0.03 percent) to $4,710,000 (0.05 percent)  
          above the minimum one time for a two year period, upon  
          appropriation.

          As noted by the fund balance that is approximately equal to the  
          revenue in 2008-09 and 2009-10 and the overappropriation, the  
          surcharge is collecting more than is needed to be appropriated  
          for the installation and ongoing expenses of the 911 system.