BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 136
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 136 (Beall)
          As Amended  April 26, 2011
          Majority vote 

           UTILITIES & COMMERCE            15-0                
          APPROPRIATIONS      17-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Bradford, Fletcher,       |Ayes:|Fuentes, Harkey,          |
          |     |Buchanan, Fong, Fuentes,  |     |Blumenfield, Bradford,    |
          |     |Furutani, Garrick,        |     |Charles Calderon, Campos, |
          |     |Roger Hern�ndez, Huffman, |     |Davis, Donnelly, Gatto,   |
          |     |Knight, Ma, Nestande,     |     |Hall, Hill, Lara,         |
          |     |Carter, Swanson, Valadao  |     |Mitchell, Nielsen, Norby, |
          |     |                          |     |Solorio, Wagner           |
           ----------------------------------------------------------------- 
           SUMMARY  :  Expands the California Public Utilities Commission 
          (PUC) Deaf and Disabled Telecommunications Program (DDTP) to 
          include assistance to individuals with speech disabilities.  
          Specifically,  this bill  :  

          1)Requires PUC to expand the Deaf and Disabled 
            Telecommunications Program to include assistance to 
            individuals with speech disabilities, including assistance to 
            purchase speech-generating devices, accessories, mounting 
            systems, and specialized telecommunications equipment, 
            including infrared telephones, speaker phones, and telephone 
            interface devices, are funded through the program.

          2)Requires PUC to prescribe eligibility standards for the 
            expanded program.  PUC shall ensure that only individuals who 
            are both residents of the state and speech impaired as 
            certified by a licensed physician, licensed speech-language 
            pathologist, or qualified state or federal agency are 
            eligible.

          3)States PUC shall provide to each eligible applicant the 
            appropriate equipment consistent with the recommendation of a 
            licensed speech-language pathologist.

          4)Requires PUC to ensure that the equipment provided is 
            consistent with the economy, efficiency, and quality of 
            equipment that is available for purchase in the state.








                                                                  AB 136
                                                                  Page  2



          5)Allows PUC to adopt further rules for the purposes of 
            implementing the provisions in this bill.

           FISCAL EFFECT  :   According to the Assembly Appropriations 
          Committee, the PUC indicates it would require a contract to 
          provide advice regarding speech-generating devices, since the 
          PUC lacks expertise in this area, which involves specialized 
          medical equipment that sometimes incorporates a 
          telecommunications component.  The PUC would also have to amend 
          its existing DDTP administrative contract to encompass this 
          work. The first-year personnel and contract costs would be in 
          the range of $500,000, with ongoing costs of around $400,000. 

          In addition, the costs to provide equipment would depend on the 
          number of applicants for assistance, which is unknown.  Assuming 
          equipment is provided for 1,000 applicants each year at an 
          average cost of $11,000, annual costs would be $11 million. 

          The Deaf and Disabled Telecommunications Program Administrative 
          Committee Fund is projected to have a balance of $10.9 million 
          as of June 30, 2012.  Additional costs at a level described 
          above would likely require an increase in the DDTP surcharge 
          rate that funds this program.

           COMMENTS  :   According to the author, this bill will further not 
          only the intent of the Deaf and Disabled Telecommunications 
          Program (DDTP), but also state and federal antidiscrimination 
          laws, including the Americans with Disabilities Act, which is 
          intended to ensure that people with disabilities have access to 
          auxiliary aids and services necessary to ensure effective 
          communication.  The author states that "no individual should be 
          prevented from making or receiving a telephone call now that the 
          technology exists to make it possible through the state program 
          established to ensure that very access".  

           Background  :  The Deaf and Disabled Telecommunications Program 
          (DDTP) is administered 
          by PUC, and provides Californians who are deaf and disabled with 
          equipment and relay services through the California Telephone 
          Access Program (CTAP) and the California Relay Service (CRS).  
          DDTP and CTAP provide a telecommunications device capable of 
          serving the needs of individuals who are deaf or hearing 
          impaired, together with a single party line, at no charge 








                                                                  AB 136
                                                                  Page  3


          additional to the basic exchange rate.  Any subscriber who is 
          certified as an individual who is deaf or hearing impaired by a 
          licensed physician, surgeon, audiologist, or qualified state or 
          federal agency, as determined by PUC, and any subscriber that is 
          an organization representing individuals who are deaf or hearing 
          impaired may receive such a telecommunications device.  

           Issue  :  This bill would require PUC to expand DDTP to include 
          assistance to individuals with speech disabilities.  DDTP has 
          been expanded over the years to include people with disabilities 
          other than deafness and hearing impairments, including those 
          with speech disabilities.  While most people with speech 
          disabilities can utilize either the Relay Service or basic 
          technology used by people who are deaf or hearing impaired, 
          there are individuals who cannot use such devices and require 
          more sophisticated technology, such as those individuals with 
          advanced Amyotrophic Lateral Sclerosis (ALS).  


           Analysis Prepared by  :    DaVina Flemings / U. & C. / (916) 
          319-2083 


                                                                FN: 0001093