BILL ANALYSIS                                                                                                                                                                                                    �          1





                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                                 ALEX PADILLA, CHAIR
          

          AB 2459 -  Torres                                 Hearing Date:  
          June 19, 2012              A
          As Introduced: February 24, 2012        FISCAL           B

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                                      DESCRIPTION
           
           Current law  requires every local public agency to establish and 
          operate an emergency telephone system using the digits 911 and 
          requires the Public Safety Communications Office (Office) within 
          the California Technology Agency to administer the state 911 
          system with funding from the State Emergency Telephone Network 
          Account (SETNA) derived from a surcharge on telephone customers.

           This bill  would require the Office to develop and implement a 
          public education campaign to instruct the public on appropriate 
          and inappropriate uses of the 911 emergency telephone number 
          system.  

                                      BACKGROUND
           
          The Warren 911 Emergency Assistance Act requires every local 
          public agency to establish and operate an emergency telephone 
          system using the digits 911.  The purpose of the Act is to 
          ensure an efficient statewide system for delivery of 911 calls 
          to the appropriate local agency Public Safety Answering Points 
          (PSAPs) that answer and respond to requests for emergency 
          assistance.  The Act also authorizes the state to oversee the 
          development and operation of the 911 system.  

          Responsibility for administering the state's 911 system was 
          transferred from the Department of General Services 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.  The Governor has 











          proposed reorganizing the California Technology Agency.

          Funding for the State 911 Office is from a surcharge collected 
          from customers of California landline, wireless, and Voice Over 
          Internet Protocol (VoIP) service providers as a percentage 
          (one-half to three-quarters of 1 percent) of intrastate calling 
          charges.  These fees are deposited into the SETNA in the state 
          Treasury.  The funds are used to reimburse local agencies for 
          911 system costs, 911 telephone network and database services, 
          call taking equipment at each PSAP, and other PSAP 911 special 
          projects, including some local public education campaigns 
          related to 911 telephone service.  
          Wireless 911 - About 70 percent of all 911 calls are from a 
          mobile device.  That number will increase as the mobile, 
          wireless market continues to expand. Nearly 33 million 
          Californians, or about 89 percent of the statewide population, 
          subscribe to wireless service.

          For many people, the ability to call 911 in an emergency is one 
          of the main reasons they own a wireless phone.  But wireless 
          phones also pose a special challenge to the 911 system because 
          calls from these devices do not include location information 
          with the same accuracy as landline telephones, which can 
          sometimes lead to a delay in routing calls to the PSAP closest 
          to the site of the emergency.  The Federal Communications 
          Commission has established benchmarks that wireless providers 
          must meet over a period of years to meet improved location 
          accuracy requirements.

          Next Generation 911 - A major challenge facing the Office in the 
          coming years is to migrate the current analog, voice-centric 911 
          system to "Next Generation 911," the Internet Protocol-based 
          emergency services model that enables a wide range of voice, 
          video, and data applications on fixed and mobile platforms. The 
          Office has developed a statewide Next Gen 911 strategy, 
          currently is implementing pilot projects, holding public 
          hearings, and coordinating efforts with federal Next Gen 911 
          efforts.  

          Prior Legislation - AB 424 (Torres 2010) was nearly identical to 
          this bill in requiring a public education campaign, but it also 
          provided that the campaign be paid for with SETNA funds and 
          specified subjects that could be included in the campaign, 
          including the need for callers from wireless phones needing to 










          be prepared to provide the PSAP dispatcher location information. 
           Governor Schwarzenegger vetoed the bill with the following veto 
          message:

                "I am returning Assembly Bill 424 without my signature.

               This bill would require the Office of the Chief 
               Information Officer (OCIO) to develop and implement a 
               public education campaign regarding the appropriate and 
               inappropriate uses of the 911 emergency telephone 
               system.  This measure is unnecessary inasmuch as the 
               OCIO already has the authority to establish a statewide 
               education program.  More importantly, however, is that 
               I cannot condone the estimated expenditure of $2.1 
               million dollars on a public awareness campaign that is 
               duplicative of other efforts in a time of fiscal 
               crisis.

               For these reasons, I am unable to sign this bill."

                                       COMMENTS

             1.   Author's Purpose  .  According to the author, who has 18 
               years of experience as a 911 dispatcher, the purpose of 
               this bill is to improve the ability of the public to make 
               informed and effective use of the 911 telephone system and 
               thereby improve public agency response to emergencies. The 
               author states that experts believe up to 80 percent of 911 
               calls may not involve genuine emergencies, these 
               non-emergency calls overburden the 911 system, and PSAP 
               performance could be improved with better public 
               understanding of when and how to make a 911 call. 

              2.   What is the Message  ?  According to the author, the 
               National Emergency Number Association suggests five ideas 
               that every member of the public should understand:  (1) 
               when to call 911; (2) when not to call 911; (3) the 
               capabilities of the calling device; (3) caller location; 
               and (4) need to stay calm and never hang up.  However, the 
               bill does not specify these or any other elements that 
               should be in the public education campaign this bill 
               requires.  The author's 2010 version of this bill specified 
               such elements, including information about the need for 
               wireless callers to be prepared to provide location 










               information to a dispatcher.  If public funds are for a 
               public education campaign about 911, the message of that 
               campaign should be focused on the most relevant issues -- 
               the unique public safety issues associated with 911 calls 
               from wireless phones, and the migration to Next Gen 911.

              3.   Ratepayer Impact  .  If SETNA funds are used for the 
               public education campaign this bill requires, that could 
               result in fewer funds available for operating and 
               administering the state's 911 system, which could lead to 
               an increase of the ratepayer surcharge that generates SETNA 
               funds.

                                    ASSEMBLY VOTES
           
          Assembly Floor                     (56-21)
          Assembly Appropriations Committee  (12-5)
          Assembly Utilities and Commerce Committee                      
          (14-0)

                                       POSITIONS
           
           Sponsor:
           
          Author

           Support:
           
          None on file

           Oppose:
           
          None on file








          Jacqueline Kinney 
          AB 2459 Analysis
          Hearing Date:  June 19, 2012