BILL ANALYSIS                                                                                                                                                                                                    �          1





                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                                 ALEX PADILLA, CHAIR
          

          AB 770 -  Torres                                  Hearing Date:  
          July 5, 2011               A
          As Amended:         June 1, 2011             FISCAL       B
                                                                        
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                                      DESCRIPTION
           
           Current law  establishes the Public Safety Communications Office 
          (Office), formerly the Public Safety Communications Division, 
          within the California Technology Agency to administer the state 
          911 emergency telephone system with funding from the State 
          Emergency Telephone Network Account (SETNA) derived from a 
          surcharge on telephone customers.

           Current law  requires the Office, on a biennial basis, to review 
          and update technical and operational standards for public safety 
          911 systems in consultation with the State 911 Advisory Board.

           Current law  creates the California Commission on Peace Officer 
          Standards and Training (POST) to establish minimum standards for 
          public safety dispatchers.

           This bill  would require that the technical and operational 
          standards the Office is required to review and update include 
          standards for the training of public safety dispatchers.

           Current law  establishes the State 911 Advisory Board with 
          specified members appointed by the Governor and requires the 
          board to advise the Office on, among other things, training 
          standards for county coordinators and public safety answering 
          point (PSAP) managers.

           Current law  establishes the Office of the State Fire Marshall in 
          the Department of Forestry and Fire Protection with duties to 
          foster, promote and develop ways and means of protecting life 
          and property against fire and panic.












           This bill  would add one representative from POST and one 
          representative from the Office of the State Fire Marshal to the 
          State 911 Advisory Board.
           
           Current law  requires that, in communities where 5 percent or 
          more of the population speaks a language other than English, 911 
          system operators who speak those other languages must be 
          available for emergency calls.

           This bill  would require the State 911 Advisory Board to advise 
          the Office on issues related to 911 calls from non-English 
          speaking callers, the need to recruit multilingual dispatchers, 
          and the need to create standardized basic and advanced training 
          programs for all dispatchers. 

           This bill  would make conforming changes to designate that the 
          Public Safety Communications Division within the California 
          Technology Agency has been renamed the Public Safety 
          Communications Office.

                                      BACKGROUND
           
          The Warren 911 Emergency Assistance Act - In 1976, the Warren 
          911 Emergency Assistance Act was enacted in order to reduce the 
          time required for a citizen to request and receive emergency 
          aid. The Act gave Department of General Services (DGS) oversight 
          responsibilities for the state's 911 system and required local 
          public agencies to establish 911 systems.  A state 911 Advisory 
          Board was created to advise DGS on, among other things, 
          technical and operational standards for the 911 system and 
          training standards for county coordinators and dispatch center 
          managers.

          Responsibility for administering the state's 911 system was 
          transferred from DGS to the Office of the State Chief 
          Information Officer in 2009. This office was renamed the 
          California Technology Agency by AB 2408 (Smyth, 2010), and 911 
          duties now reside in the Public Safety Communications Office 
          within that agency.

          State 9-1-1 Manual - Current law requires the Office, on a 
          biennial basis, to review and update technical and operational 
          standards for public safety 911 systems, which are compiled in 
          the 9-1-1 Operations Manual and labeled "mandatory."  According 










          to the California Technology Agency, local 911 systems are 
          expected to comply with these standards, although no statute 
          designates them as mandatory and they are not adopted as 
          official regulations.  

          Standardized Training - In 1959, the Legislature established 
          POST to set minimum selection and training standards for 
          California law enforcement.  Currently, POST offers a 120-hour 
          course for public safety dispatchers and various courses for 
          upgrading skills.   Some PSAPs, such as the Los Angeles Police 
          Department, have their own training for dispatchers, which has 
          been certified by POST.  According to the author, other dispatch 
          centers provide no training at all.

          911 Systems and Multi-lingual Callers - One of the most critical 
          aspects of the 911 response system is the handling of a 
          telephone request for emergency services.  The dispatcher needs 
          to understand the nature of the emergency in order to ensure 
          that they can dispatch the appropriate responders.  California 
          has the highest percentage of non-English speaking households in 
          the nation, making multi-lingual 911 dispatchers essential.  
          Current law requires that PSAPs serving areas where 5 percent or 
          more of the population speaks a primary language other than 
          English must have operators who speak that language available on 
          duty or through a telephone conference at all times.  To comply 
          with this requirement, translators are available to any public 
          agency 911 system under a statewide contract the Office entered 
          into and paid for with SETNA funds.  Any public agency 911 
          system also can enter its own contract for translators and be 
          reimbursed from SETNA.  
























                                       COMMENTS
           
              1.   Author's Purpose  .  According to the author, this bill 
               addresses potential improvements in the procedures for 
               recruiting, training, and ongoing skill development for 911 
               dispatchers who perform a crucial function in the public 
               safety system.  Their job is high stress and demands 
               precise performance in order to effectively relay calls to 
               the appropriate response entity.  Due to the nature of 911 
               dispatching, recruitment and job retention is a problem in 
               this line of work.

              2.   Expanding 911 Advisory Board  .  This bill would add two 
               new members to the State 911 Advisory Board - a 
               representative of POST and the Office of the State Fire 
               Marshall.  Both of these have expertise related to the 
               state's 911 system.  Current law requires the Office to 
               "consult at regular intervals" with the State Fire Marshall 
               and other specified emergency and public safety agencies. 

              3.   Need for More Multi-lingual Dispatchers  .  This bill 
               requires the State 911 Advisory Board to advise the Office 
               on the need to recruit multilingual dispatchers.  As stated 
               previously, it is critical for a 911 dispatcher to 
               understand the emergency in order to expedite emergency 
               response.  California has the most diverse population in 
               the nation with many non-English speakers.  The author 
               states that recruitment hurdles and high rates of turnover 
               make filling all dispatcher positions challenging.  It is 
               unclear, however, if translators available under the 
               statewide contract are not currently meeting the need to 
               answer 911 calls from non-English speaking callers.

              4.   Need for Standardized Training  .  This bill requires the 
               State 911 Advisory Board to advise the Office on the "need 
               to create standardized basic and advanced training programs 
               for all dispatchers assigned part time or full time to a 
               public safety access point."  The bill also requires the 
               Office to include "standards for the training of public 
               safety dispatchers" in the 9-1-1 Operations Manual in order 
               to make standardized training available statewide.  This 
               requirement to establish training standards appears to 
               preclude the possibility that the State 911 Advisory Board 
               may advise the Office that standardized training standards 










               are not needed.  Thus, in order to avoid prejudging the 
               advice that this bill requires the State 911 Advisory Board 
               to give the Office, the author and committee may wish to 
               consider amending the bill to delete the requirement to 
               establish training standards until it receives advice from 
               the board on whether those training standards are actually 
               needed.

              5.   Standards Mandatory or Recommended  ?  The California 
               Chapter of the National Emergency Number Association 
               objects to the Office establishing mandatory training 
               standards, citing the need for public safety 911 systems to 
               tailor training to meet local needs. The author states that 
               the intent of the bill is to give the California Technology 
               Agency the discretion to determine whether the standards 
               are mandatory or recommended. However, the California 
               Technology Agency represents that it generally views 
               standards in the 9-1-1 Operations Manual as mandatory.  
               Thus, if the bill retains the requirement that the Office 
               establish standards, the author and committee may wish to 
               consider amending the bill to clarify whether the training 
               standards the Office is required to establish are mandatory 
               or recommended.

              6.   Ratepayer Impact  .  The operations of the Office are 
               generally paid with SETNA funds, which are derived from a 
               statewide 911 surcharge on telephone customer bills.  To 
               the extent that this bill imposes new duties on the Office, 
               the 911 surcharge may need to be increased.

              7.   Prior Legislation  .  This bill is substantially similar 
               to AB 423 (Torres, 2009), which Governor Schwarzenegger 
               vetoed with the following message:

               "This bill would make additions to the membership of the 
               911 Advisory Board as well as expand the scope of its 
               mission in the areas of dispatcher recruitment, training, 
               and addressing the needs of non-English speaking callers.  
               While I support the goals of this legislation, this measure 
               would lead to the duplication of efforts that cannot be 
               justified during these difficult financial times.  Numerous 
               national organizations, including the Commission on Peace 
               Officer Standards and Training, already offer training for 
               dispatchers.  Given the additional costs associated with 










               this measure, I am unable to sign this bill."

                                    ASSEMBLY VOTES
           
          Assembly Floor                     (53-23)
          Assembly Appropriations Committee  (12-5)
          Assembly Utilities and Commerce Committee                      
          (11-3)

                                       POSITIONS
           
           Sponsor:
           
          Author

           Support:
           
          Commission on Peace Officer Standards and Training
          Peace Officers Research Association of California

           Oppose:
           
          California Chapter of the National Emergency Number Association 
          (unless amended)

          




          Jacqueline Kinney 
          AB 770 Analysis
          Hearing Date:  July 5, 2011