BILL ANALYSIS
AB 1197
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Date of Hearing: April 22, 2009
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Curren D. Price, Chairman
AB 1197 (Torrico) - As Amended: April 14, 2009
SUBJECT : Public safety: radio communications
SUMMARY : Modifies the Public Safety Communication Act to allow
additional technology to be considered for improved public
safety interoperability. Specifically, this bill :
1) Redefines "backward capability" to mean that equipment
or systems purchased are able to function with prior
versions of the equipment or systems or to interoperate
with legacy equipment or systems [Government
Code Section 8592.1 (a)].
2) Defines the "California Emergency Management Agency"
(Cal EMA) as the executive branch entity responsible for
emergency management and includes the California Statewide
Interoperability Executive Committee established under its
direction with duties that include advising on the
technical and operational policies for all current State
Mutual Aid Radio frequencies administered by the office
[Government Code Section 8592.1 (b)].
3) Creates a definition for "Standards-based equipment or
systems" as equipment or systems that are built to a
voluntary, consensus-based industry standard or a
governmentally recognized industry standard to enable the
equipment or system to function with another manufacturer's
equipment or system [Governmental Code Section 8521.1 (h)].
4) Replaces references to "nonproprietary equipment or
systems" with "standards-based equipment or systems."
5) Requires the Public Safety Radio Strategic Planning
Committee (PSRSPC) to ensure that its recommendations for
radio or other technology are consistent and compatible
with recommendations and standards established by the
United States Department of Homeland Security
or the Federal Communications Commission, or both
[Governmental Code Section 8592.4 (a)].
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6) Replaces the PSRSPC with the Cal EMA as the responsible
entity authorized to make recommendations to any other
federal, state, regional, or local entities with the
responsibility for developing, operating, or monitoring
interoperability of the public safety spectrum
[Government Code Section 8592.4 (b)].
EXISTING LAW
1) Provides that the PSRSPC has the primary responsibility
in state government to develop and implement a statewide
integrated public safety communication system that
facilities interoperability among state public safety
departments and other response agencies and to coordinate
other shared uses of the public safety spectrum.
2) Requires the PSRSPC to make recommendations for state
agency purchase of public safety radio subscriber equipment
that will enable those agencies to commence conforming to
industry and governmental interoperability standards.
3) Authorizes the PSRSPC to, as technology evolves,
recommend the purchase of nonproprietary equipment or
systems that have open architecture and backward
capability.
4) Authorizes the PSRSPC to also make similar equipment
recommendations to any other federal, state, regional, or
local entity with responsibility for developing, operating,
or monitoring interoperability of the public safety
spectrum.
FISCAL EFFECT : Unknown
COMMENTS : The Public Safety Communication Act of 2002 was
enacted to enable state, regional and local agencies with the
means to better communicate with one another in the event of an
emergency. During an emergency, the interoperability of
communication systems is vital for responding public safety
departments to coordinate their resources and work effectively
together. Conversely, if the communications were to
fail, the emergency could be met with breakdowns in service,
misunderstandings, lack of information, and the possible loss of
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life and property.
To prevent potential breakdowns, AB 2116 (Cohn, Chapter 903,
2006 Statutes) was signed into law to improve upon the Act.
While the PSRSPC had the primary responsibility for developing
and implementing a statewide radio system that allows for
interoperability among all of the state's public safety
departments, it did not have the authority to make
recommendations to local agencies or to require them to purchase
certain types of equipment. Without specific recommendations,
public agencies could be purchasing new communications that were
not compatible and would do nothing to promote interoperability
between agencies. AB 2116 corrected this problem by granting
the PSRSPC with the necessary authority to ensure
interoperability and requiring that any communication equipment
recommended for purchase by the PRSPC meet specific criteria for
interoperability.
According to AB 1197's author, AB 2116 was a "good first attempt
to focus California agencies on a cooperative, regional model
for public safety interoperability. However, at that time,
interoperability solutions identified by public safety were
limited to one technology: a private land mobile radio, also
known as "narrowband & wideband" or "Project 25" radio systems.
Due to this background, the law was not technology
neutral and failed to reflect recent technological
developments."
The author points out that "federal agencies now recognize
Internet-protocol (IP) -based interoperability solutions as a
crucial part of the needed solution. New Federal Communication
Commission (FCC) rules will result in the nationwide
build out of a new public-private wireless broadband network
that will be available to serve public safety agencies
nationwide on one, interoperable technology
standard."
In light of the new federal rules and the developing technology,
this bill would allow other types of technological solutions,
such as IP-based systems, to be considered for improved
interoperability.
Prior legislation . AB 1848 (Bermudez, Chapter 728, 2006
Statutes) specified that the PSRSPC annual report to the
Legislature shall serve as the state's strategic plan for
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establishing a statewide integrated, interoperable public safety
communications network. It also required PSRSPC to include
specified information in the report and to update the report,
annually. Authorizes PRSPC to consult with and make
recommendations to federal, state and local agencies
to advance the integration of local, regional, and statewide
public safety communication networks.
AB 1559 (Gordon, 2005 Legislative Session, Held in Senate
Appropriations) required PSRSPC and the California Statewide
Interoperability Committee to work together and provide to the
Legislature a report that recommends a performance standard for
public safety communications systems interoperability and
devices to be used statewide, provides a timeline for
implementing the system, determines which state or local
entities need new communications equipment, and identifies
funding for the system.
AB 211 (Cohn, 2005 Legislative Session) specified the types of
equipment that PSRSPC can recommend for purchase by state public
safety departments. This bill was eventually completely
amended into an unrelated issue.
SB 1654 (McPherson, Chapter 669, 2004 Statutes) stipulated that
any state agency that purchases public safety radio
communication equipment must comply with the recommendations of
the Public Safety Radio Strategic Planning Committee, added the
Governor's Office of Homeland Security to the Committee, and
added the Military Department to the list entities to which the
Committee must consult.
AB 1831 (Bermudez, 2004 Legislative Session, Died in Conference
Committee) required the Governor's Office of Homeland Security,
in consultation with the California Statewide
Interoperability Executive Committee in the Office of Emergency
Services and the Public Safety Radio Strategic Planning
Committee to develop a plan for the funding of a statewide
interoperable public safety radio communication network.
AB 1211 (Nakano, Chapter 314, 2003 Statutes) authorized a state
body, until January 1, 2006, to hold closed sessions to discuss
security matters, as specified, where disclosure could
compromise or impede the state body's security infrastructure.
It required the state body to reconvene in open session prior to
adjournment and report the general nature of the matters
AB 1197
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considered and whether any action was taken in closed
session.
AB 2018 (Nakano, Chapter 1091, 2002 Statutes) established the
Public Safety Communications Act of 2002 for the purpose of
developing and implementing a statewide integrated public safety
communication system and empowers the existing Public
Safety Radio Strategic Planning Committee to have primary
responsibility.
REGISTERED SUPPORT / OPPOSITION :
Support
California Professional Firefighters
Opposition
None on file
Analysis Prepared by : Rod Brewer / G. O. / (916) 319-2531