BILL ANALYSIS                                                                                                                                                                                                    






                                                       Bill No:  SB  
          828
          
                 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                       Senator Roderick D. Wright, Chair
                           2009-2010 Regular Session
                                 Staff Analysis



          SB 828  Author:  Committee on Governmental Organization
          As Introduced:  March 19, 2009
          Hearing Date:  April 28, 2008
          Consultant:  Chris Lindstrom


                                     SUBJECT  

                          Public Safety Communication.

                                   DESCRIPTION
           
          SB 828 makes a number of minor, technical and  
          nonsubstantive changes to the Public Safety Communications  
          Act of 2002.  

          Specifically, SB 828 recognizes the California Statewide  
          Interoperability Executive Committee (CALSIEC) in state  
          law, renames the Public Safety Radio Strategic Planning  
          Committee (PSRSPC) the Public Safety Emergency  
          Communications Strategic Planning Committee, replaces  
          outdated references to the former Office of Emergency  
          Services (OES) and the former Office of Homeland Security  
          (OHS) with a reference to the newly formed California  
          Emergency Management Agency (CalEMA), and, makes other  
          technical, nonsubstantive changes.

                                   EXISTING LAW

           Existing law establishes in state government PSRSPC, a  
          multimember body with representatives of specified state  
          agencies, with duties that include developing and  
          implementing a statewide integrated public safety  
          communication system that facilitates interoperability  
          among state public safety departments and other first  
          response agencies.  




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          Existing law requires PSRSPC to meet at least twice a year,  
          of which one meeting shall be a joint meeting with CALSIEC.

                                    BACKGROUND
           
          Recognizing the California Statewide Interoperability  
          Executive Committee (CALSIEC) in law.  CALSIEC was  
          established administratively by OES in 2003 in response to  
          a Federal Communications Commission recommendation that  
          each state establish a "statewide interoperability  
          executive committee" to manage all of the  
          federally-designated interoperability spectrum in the  
          state.  CALSIEC is one of the two committees (the other is  
          PSRSPC) in state government charged with developing a  
          statewide interoperable communications network.  CALSIEC's  
          strength is in its charter, to work vertically with all  
          first response agencies at all levels of government  
          (federal, state, local and tribal) whereas PSRSPC's  
          emphasis is to work horizontally with state-level first  
          response agencies.  SB 828 will formally recognize CALSIEC  
          in law to clearly identify the committees in California  
          that are responsible for developing a statewide  
          interoperable communications network.

          Rename the Public Safety Radio Strategic Planning Committee  
          the Public Safety Emergency Communications Strategic  
          Planning Committee.  Radio communications are mission  
          critical to emergency response.  However, other  
          technologies are emerging that will be of benefit to public  
          safety departments in responding to emergencies.  Changing  
          the name of the Public Safety Radio Strategic Planning  
          Committee to the Public Safety Emergency Communications  
          Strategic Planning Committee will reflect the need to  
          consider all types of communications systems to assist  
          public safety departments in responding to emergencies, not  
          just radio.  In fact, Government Code Section 8592.6 (b)(1)  
          of the Public Safety Communications Act of 2002 was amended  
          in 2006 to recognize "data formats" as possible solutions  
          for enhancing interoperable communications. 

          Replaces references in the law to the former Office of  
          Emergency Services (OES) and the former Office of Homeland  
          Security (OHS) with a reference to the California Emergency  
          Management Agency (CalEMA).  AB 38 (Chapter 372, Statutes  
          of 2008) merged OES and OHS into the newly formed CalEMA.   




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          This bill corrects references in the Public Safety  
          Communications Act of 2002 to reflect the merger.  

                            PRIOR/RELATED LEGISLATION
           
           AB 1197 (Torrico), 2009-2010 Legislative Session  .  Similar  
          to AB 2185 (Torrico) of 2008.  Pending in Assembly  
          Governmental Organization Committee.
          
           AB 1266 (Huber), 2009-2010 Legislative Session  .  Makes  
          statutory changes consistent with the Governor's  
          Reorganization Plan #1 that consolidates all information  
          technology (IT) resources under the Office of the Chief  
          Information Officer.  Replaces references to the Department  
          of General Services Technology Division with the Office of  
          the Chief Information Officer.  Pending in Assembly  
          Business and Professions Committee.
          
           AB 2185 (Torrico), 2007-2008 Legislative Session  .  Would  
          have modified the Public Safety Communication Act of 2002  
          to allow additional technology to be considered for  
          improved public safety communication interoperability.   
          Held is Assembly Appropriations Committee.

           AB 38 (Nava), Chapter 372, Statutes of 2008  .  Merged OES  
          and OHS into the newly formed CalEMA.  

           AB 1738 (GO Committee), 2007-2008 Legislative Session  .   
          Would have defined the CALSIEC in the Public Safety  
          Communications Act of 2002.  Would have authorized PSRSPC  
          to recommend to state agencies the purchase of  
          interoperability systems, as defined, to facilitate the  
          development of a statewide integrated public safety  
          communication system.  Gutted and amended in the Senate.
          
           AB 1848 (Bermudez), Chapter 728, Statutes of 2006  .   
          Specifies that PSRSPC's annual report to the Legislature  
          shall serve as the state's strategic plan for establishing  
          a statewide integrated, interoperable public safety  
          communications network.  Requires PSRSPC to include  
          specified information in the report and to update the  
          report, annually.  Authorizes PSRSPC 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.  





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           AB 2041 (Nava), Chapter 855, Statutes of 2006  .  Modifies  
          the membership of PSRSPC by adding a representative of the  
          State Military Department, Department of Health Services,  
          and the Department of Finance, and deletes a representative  
          from the Department of the Youth Authority.  Specifies that  
          the representative of OES shall serve as the permanent  
          chair of PSRSPC.  Requires PSRSPC to meet at least twice a  
          year, of which, one meeting will be a joint meeting with  
          CALSIEC.

           AB 2116 (Cohn), Chapter 903, Statutes of 2006  .  Specifies  
          that the communications equipment recommended by PSRSPC for  
          purchase by specific state public safety departments meet  
          specified criteria.  Authorizes PSRSPC to recommend this  
          equipment to any other federal, state, regional, or local  
          entity with responsibility for developing, operating, or  
          monitoring interoperability of the public safety spectrum.   
          Requires a local first response agency that purchases  
          public safety radio communication equipment with state  
          funds or federal funds administered by the state, to ensure  
          that the equipment purchased complies with certain  
          specifications, provided the equipment will compromise  
          their mission.  

           SB 1654 (McPherson), Chapter 669, Statutes of 2004  .   
          Stipulates that any state agency that purchases public  
          safety radio communication equipment must comply with the  
          recommendations of PSRSPC, adds the Governor's Office of  
          Homeland Security to the Committee, and adds the Military  
          Department to the list of entities to which PSRSPC must  
          consult.

           AB 2018 (Nakano), Chapter 1091, Statutes of 2002  .   
          Establishes 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 PSRSPC with the primary responsibility of  
          establishing an integrated public safety communications  
          system.

           SUPPORT:   None on file as of April 24, 2009.

           OPPOSE:   None on file as of April 24, 2009.

           FISCAL COMMITTEE:   Senate Appropriations Committee





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