BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair


          AB 2281 (Torres) - Emergencies: State 911 Advisory Board
          
          Amended: June 27, 2012          Policy Vote: 9-4
          Urgency: No                     Mandate: No
          Hearing Date: July 2, 2012      Consultant: Bob Franzoia
          
          This bill meets the criteria for referral to the Suspense File.


          Bill Summary: AB 2281 would add two members selected by the 
          Legislature to the State 911 Advisory Board (board).  This bill 
          would also require the board, upon request of a local public 
          agency, to conduct a hearing on any conflict between a local 
          public agency and the Public Safety Communications Division 
          regarding that agency's 911 emergency telephone system and cost 
          reimbursement decisions.

          Fiscal Impact: Minor costs to add two board members.
              Unknown, likely significant costs annually to the State 
              Emergency Telephone Number Account to conduct hearings and 
              make recommendations.
              Cost pressure on the State Emergency Telephone Number 
              Account to the extent board recommendations lead to 
              increased reimbursements.

          Background: Under current law, the California 911 Emergency 
          Communications Office (office) within the California Technology 
          Agency develops and updates technical and operational standards 
          for 911 emergency telephone systems.  Local public agencies are 
          required to comply with the technical and operational standards 
          developed by the office.  The board advises the office on issues 
          relating to the state's 911 emergency telephone system. 

          Proposed Law: The State 911 Advisory Board has 11 members, with 
          the chief of the office as the nonvoting chair and the following 
          voting members:

          - One representative from the Department of the California 
          Highway Patrol.
          - Two representatives on the recommendation of the California 
          Police Chiefs Association.
          - Two representatives on the recommendation of the California 








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          State Sheriffs' Association.
          - Two representatives on the recommendation of the California 
          Fire Chiefs Association.
          - Two representatives on the recommendation of the CalNENA 
          Executive Board. 
          - One representative on the joint recommendation of the 
          executive boards of the state chapters of the Association of 
          Public-Safety Communications Officials-International, Inc.

          Current law provides that the recommended members should have at 
          least two years of experience as a public safety answering point 
          manager or county coordinator.  All board members serve at the 
          pleasure of the Governor for two-year terms and are limited to 
          two consecutive terms.  The board is required to meet at least 
          quarterly in open session.  Board members are not paid but may 
          be reimbursed for travel and per diem.

          Government Code 53115.2 requires the board to (1) advise the 
          office on policies and procedures, technical and operational 
          standards for the 911 emergency telephone system, training 
          standards for county coordinators and public safety answering 
          point managers, the State Emergency Telephone Number Account 
          budget and local agency reimbursement decisions, and rollout of 
          Enhanced 911 technology and (2) to conduct hearings.

          Upon request of a local public agency, the board shall conduct a 
          hearing on any conflict between a local public agency and the 
          division regarding a final plan that has not been approved by 
          the division pursuant to Government Code 53114. The board shall 
          meet within 30 days following the request, and shall make a 
          recommendation to resolve the conflict to the division within 90 
          days following the initial hearing by the board pursuant to the 
          request.

          Government Code 53114 has no language about approval of a 911 
          plan.  It appears only one such hearing has ever held.  

          Related Legislation: AB 2459 (Torres) would require the 
          California 911 Emergency Communications Office to develop and 
          implement a public education campaign to instruct the public on 
          appropriate and inappropriate uses of the 911 emergency 
          telephone system.  That bill is on today's file.

          Staff Comments: There are 462 local public agencies representing 








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          cities, counties, joint powers agencies, special districts and 
          state agencies (CalFire and the California Highway Patrol).

          This bill provides to local public agencies the ability to 
          contest any cost reimbursement decision in a final plan and not, 
          as currently permitted, only a disclaimed cost reimbursement.  
          Presumably, cost reimbursement decisions would be any costs 
          related to the establishment of a local emergency telephone 
          system as set forth in Government Code 53108.1.

          This analysis estimates travel and per diem costs of $20,000 to 
          $25,000 per board meeting.  Because the board must meet within 
          30 days following a request, this analysis estimates an 
          additional four meeting annually ($80,000 to $100,000) and 
          office staff costs of $1,000 to $5,000 to review and analyze a 
          request and make a recommendation to resolve the conflict.  If 
          ten percent of the 462 local public agencies submit requests 
          annually, costs would range between $46,000 and $230,000.  A 
          recommendation by the board to increase cost reimbursements 
          would result in cost pressure as bill does not require the 
          division to accept, or reject, the recommendation.

          Staff notes that according to the governor's budget proposal, 
          expenditures in the State Emergency Telephone Number Account are 
          projected to total about $123.5 million in 2011-12, while 
          revenues will total only $81.2 million.  This operating 
          shortfall is covered by a $15.3 million carryover balance in the 
          account plus repayment of a $28 million loan made from the 
          account to the General Fund as part of the 2010-11 Budget Act.  
          The account is projected to have a balance of only $1 million as 
          of June 30, 2013.  Some increase in the surcharge rate will 
          likely be necessary to address the apparent structural imbalance 
          in the fund in addition to funding the costs of this bill. 

          This bill contains provisions similar to AB 770 (Torres) 2011 
          which is on the Suspense File.