BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
712 (Padilla)
Hearing Date: 5/28/2009 Amended: 5/5/2009
Consultant: Bob Franzoia Policy Vote: Energy 10-0
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BILL SUMMARY: SB 712 would require an information and referral
service provider to operate a "211" system in a manner that is
consistent with the applicable orders of the Federal
Communications Commission (FCC) and the Public Utilities
Commission (PUC). This bill would designate the California
Health and Human Services Agency (CHHSA) as the state's lead
entity. This bill would provide that an information and
referral services provider and its employees, directors,
officers, and agents are not liable to any person in a civil
action for injuries or losses to persons or property, as a
result of an act or omission, unless the act or omission
constituted willful or wanton misconduct.
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Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
CHHSA planning, develop- Unknown, up to $500 initially,
decreasing General/
ment and resource allocation in future years
Federal/
Special*
Federal matching funds Unknown, major cost pressure
Non General
requirement
* Fees
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STAFF COMMENTS: SUSPENSE FILE. AS PROPOSED TO BE AMENDED.
According to the bill, there are 21 counties with established
211 systems serving 86 percent of the state's population. The
PUC anticipates applications in 2009 from
Kings, Santa Cruz, San Benito, and Shasta Counties.
Under FCC -delegated authority, the PUC, which established
procedures for 211 dialing in California under authority
delegated by the FCC and under its state law authority to
regulate public utilities, currently evaluates requests for and
authorizes the use of the 211 dialing code under rules
established by the PUC. This bill is consistent with PUC
programs, practice, and policies, and would have no significant
impact fiscal or administrative impact on PUC programs or
practices.
The CHHSA shall be the lead agency, and shall be responsible for
all of the following:
- Performing planning, administrative, fiscal, and reporting
functions required under any state and federal 211 funding
program.
- Developing a plan for implementation of 211 services
throughout the state.
- Allocating 211 funds to entities.
Page 2
SB 712 (Padilla)
Staff notes that the role and funding of the lead agency, as set
forth in this bill, is unclear. For example, this bill requires
the lead agency to allocate federal and state funds made
available for the development, implementation and administration
of the 211 system, to maximize the federal funds available to
information and referral providers, to include a reasonable
administration fee sufficient to support the activities of the
lead agency, and to ensure any fund-matching requirement is met.
However, the next code section, Government Code 53128.3, as
added by the bill, indicates the lead agency may be funded by
federal funds, upon appropriation by the Legislature, and by
other public and private sources. Will the lead agency use the
administrative fee to support its activities and forego General
Fund support? Does the lead agency have the authority to levy a
fee on, presumably, 211 providers? How will the lead agency
match the federal funds with General Funds and for what purpose?
It is unclear from the language in the bill if the funds could
be used to assist 211 providers with their operating costs.
Staff recommends the bill be amended to clarify the role of the
lead agency and the funding provisions.
This bill is similar to AB 2283 (Chu) 2004 which was vetoed by
the Governor with the following message:
Ensuring that persons have access to information and referral to
social services is of great importance to me. However, it is
premature to enact legislation that requires federal funding
that has yet to be passed by Congress.
The California Public Utilities Commission has begun the process
of implementing 211 and can continue with its work in this area
until the Congressional bill is enacted.
The proposed amendments would do the following:
- Provide that the responsibilities of the lead agency shall be
contingent upon the availability of federal funds.
- The CHHSA shall require 211 call centers to abide by the
national Alliance of Information and Referral Systems Standards
for Professional Information and Referral. These standards
shall be adopted by the lead agency as the operational quality
standards.
- Clarify that the CHHSA has the endorsement of information and
referral service providers, providing 211 services, to act as
the lead agency.
- Clarify immunity provisions for public or non profit agencies
who supply information to 211 systems.
- Specify that General Funds shall not be used for the purposes
of the bill.