Amended in Assembly August 22, 2014

Amended in Senate May 27, 2014

Amended in Senate April 29, 2014

Senate Bill No. 1211

Introduced by Senator Padilla

February 20, 2014

An act to add Section 53121 to the Government Code, and to amend Section 41030 of the Revenue and Taxation Code, relating to emergency services.

LEGISLATIVE COUNSEL’S DIGEST

SB 1211, as amended, Padilla. Emergency services: Next Generation 911.

Existing law requires the Office of Emergency Services to determine annually, on or before October 1, a surcharge rate that it estimates will produce sufficient revenue to fund the current fiscal year’s 911 costs, as specified.

This bill would require the office to develop a plan and timeline of target dates for testing, implementing, and operating a Next Generation 911 emergency communication system, including text to 911 service, throughout California. The bill would require the office, in determining the surcharge rate, to additionally include costs it expects to incur, consistent with the plan and timeline, to plan, test, implement, and operate Next Generation 911 technology and services, including text to 911 service. The bill would require the office, at least one month before determining the surcharge rate, to prepare a summary of the calculation of the proposed surcharge and make it available to the Legislature and the 911 Advisory Board, and on the office’s Internet Web site. begin insert This bill would incorporate additional changes in Section 41030 of the Revenue and Taxation Code, proposed by AB 1717, to be operative only if AB 1717 and this bill are both chaptered and become effective on or before January 1, 2015, and this bill is chaptered last. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 53121 is added to the Government Code,
to read:

53121.  

(a) The Office of Emergency Services shall develop a
plan and timeline of target dates for the testing, implementation,
and operation of a Next Generation 911 emergency communication
system, including text to 911 service, throughout California.

(b) In order to maximize efficiency and contain costs, the Next
Generation 911 emergency communication system shall
incorporate, where consistent with public safety and technologically
feasible, shared infrastructure and elements of other public safety
and emergency communications networks, including, but not
limited to, all of the following:

(1) Public safety communications identified in the annual plan
required by subdivision (b) of Section 15277.

(2) Local and regional public safety broadband networks
authorized by the federal American Recovery and Reinvestment
Act of 2009 (Public Law 111-5).

(3) Public safety broadband networks authorized by the federal
Middle Class Tax Relief and Job Creation Act of 2012 (Public
Law 112-96).

(4) Public safety radio and communications facilities used for
the purpose of public warnings pursuant to Section 15254.

SEC. 2.  

Section 41030 of the Revenue and Taxation Code is
amended to read:

41030.  

(a) The Office of Emergency Services shall determine
annually, on or before October 1, a surcharge rate that it estimates
will produce sufficient revenue to fund the current fiscal year’s
911 costs. The surcharge rate shall be determined by dividing the
costs (including incremental costs) the Office of Emergency
Services estimates for the current fiscal year of 911 costs approved
pursuant to Article 6 (commencing with Section 53100) of Chapter
1 of Part 1 of Division 2 of Title 5 of the Government Code, less
the available balance in the State Emergency Telephone Number
Account in the General Fund, by its estimate of the charges for
intrastate telephone communications services and VoIP service to
which the surcharge will apply for the period of January 1 to
December 31, inclusive, of the next succeeding calendar year, but
in no event shall begin delete such end delete begin insert the end insert surcharge rate in any year be greater
than three-quarters of 1 percent nor less than one-half of 1 percent.

(b) When determining the surcharge rate, the office shall include
the costs it expects to incur to plan, test, implement, and operate
Next Generation 911 technology and services, including text to
911 service, consistent with the plan and timeline required by
Section 53121 of the Government Code.

(c) At least one month before determining the surcharge rate
pursuant to subdivision (a), the office shall prepare a summary of
the calculation of the proposed surcharge and make it available to
the Legislature and the 911 Advisory Board, and on the office’s
Internet Web site.

begin insert

begin insert SEC. 2.5. end insert   

end insert

begin insert Section 41030 of the end insert begin insert Revenue and Taxation Code end insert begin insert is
amended to read: end insert

41030.  

begin insert (a) end insert begin insert   end insert The Office of Emergency Services shall determine
annually, on or before October 1, begin insert to be effective on January 1 of
the following year, end insert a surcharge rate begin insert pursuant to subdivision (b) end insert
that it estimates will produce sufficient revenue to fund the current
fiscal year’s 911 costs. begin delete The end delete

begin insert (b) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert The end insert surcharge rate shall be determined by dividing the
costs (including incremental costs) the Office of Emergency
Services estimates for the current fiscal year of 911 begin delete plans end delete begin insert costs end insert
approved pursuant to begin delete Section 53115 end delete begin insert Article 6 (commencing with
Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 end insert of
the Government Code, less the available balance in the State
Emergency Telephone Number Account in the General Fund, by
its estimate of the charges for intrastate telephone communications
services and VoIP service to which the surcharge will apply for
the period of January begin delete 1 end delete begin insert 1, 2015, end insert to December 31, inclusive, of the
next succeeding calendar year, but in no event shall begin delete such end delete begin insert the end insert
surcharge rate in any year be greater than three-quarters of 1
percent nor less than one-half of 1 percent.

begin insert

(2) Commencing with the calculation made October 1, 2015,
to be effective January 1, 2016, the surcharge shall be determined
by dividing the costs (including incremental costs) the Office of
Emergency Services estimates for the current fiscal year of 911
costs approved pursuant to Article 6 (commencing with Section
53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the
Government Code, less the available balance in the State
Emergency Telephone Number Account in the General Fund, by
its estimate of the charges for intrastate telephone communications
services, the intrastate portion of prepaid mobile telephony
services, and VoIP service to which the surcharge will apply for
the period of January 1 to December 31, inclusive, of the next
succeeding calendar year, but in no event shall the surcharge rate
in any year be greater than three-quarters of 1 percent or less than
one-half of 1 percent. In making its computation of the charges
that are applicable to the intrastate portion of prepaid mobile
telephony services, the Office of Emergency Services shall use the
computation method developed by the Public Utilities Commission
and reported to the Office of Emergency Services pursuant to
subdivisions (a) and (b) of Section 319 of the Public Utilities Code.

end insert begin insert

(c) When determining the surcharge rates pursuant to this
section, the office shall include the costs it expects to incur to plan,
test, implement, and operate Next Generation 911 technology and
services, including text to 911 service, consistent with the plan
and timeline required by Section 53121 of the Government Code.

end insert begin insert

(d) The office shall notify the board of the surcharge rate
determined pursuant to this section and the surcharge rate
applicable to prepaid mobile telephony services by October 15 of
each year.

end insert begin insert

(e) At least 30 days prior to determining the surcharge pursuant
to subdivision (a), the Office of Emergency Services shall prepare
a summary of the calculation of the proposed surcharge and make
it available to the public, the Legislature, the 911 Advisory Board,
and on its Internet Web site. The summary shall contain all of the
following:

end insert begin insert

(1) The prior year revenues to fund 911 costs, including, but
not limited to, revenues from prepaid service.

end insert begin insert

(2) Projected expenses and revenues from all sources, including,
but not limited to, prepaid service to fund 911 costs.

end insert begin insert

(3) The rationale for adjustment to the surcharge determined
pursuant to subdivision (b), including, but not limited to, all
impacts from the surcharge collected pursuant to Part 21
(commencing with Section 42001).

end insert begin insert

(f) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

end insert

begin insert

begin insert SEC. 2.7. end insert   

end insert

begin insert Section 41030 is added to the end insert begin insert Revenue and Taxation
Code end insert begin insert , to read: end insert

begin insert

begin insert 41030. end insert   

(a) The Office of Emergency Services shall determine
annually, on or before October 1, a surcharge rate that it estimates
will produce sufficient revenue to fund the current fiscal year’s
911 costs. The surcharge rate shall be determined by dividing the
costs (including incremental costs) the Office of Emergency
Services estimates for the current fiscal year of 911 costs approved
pursuant to Article 6 (commencing with Section 53100) of Chapter
1 of Part 1 of Division 2 of Title 5 of the Government Code, less
the available balance in the State Emergency Telephone Number
Account in the General Fund, by its estimate of the charges for
intrastate telephone communications services and VoIP service
to which the surcharge will apply for the period of January 1 to
December 31, inclusive, of the next succeeding calendar year, but
in no event shall the surcharge rate in any year be greater than
three-quarters of 1 percent nor less than one-half of 1 percent.

(b) When determining the surcharge rate, the office shall include
the costs it expects to incur to plan, test, implement, and operate
Next Generation 911 technology and services, including text to
911 service, consistent with the plan and timeline required by
Section 53121 of the Government Code.

(c) At least one month before determining the surcharge rate
pursuant to subdivision (a), the office shall prepare a summary of
the calculation of the proposed surcharge and make it available
to the Legislature and the 911 Advisory Board, and on the office’s
Internet Web site.

(d) This section shall become operative on January 1, 2020.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

(a) Section 2.5 of this bill incorporates amendments
to Section 41030 of the Revenue and Taxation Code proposed by
both this bill and Assembly Bill 1717. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2015, (2) each bill amends Section 41030 of the
Revenue and Taxation Code, and (3) this bill is enacted after
Assembly Bill 1717, in which case Section 41030 of the Revenue
and Taxation Code, as amended by Section 2 of this bill shall not
become operative.

end insert begin insert

(b) Section 2.5 of this bill would amend Section 41030 of the
Revenue and Taxation Code to make all of the amendments to that
section proposed by Section 2 of this bill and Section 7 of Assembly
Bill 1717, including the repeal of that section on January 1, 2020.
Section 2.7 of this bill would, as of that repeal date, add Section
41030 to the Revenue and Taxation Code to read as that section
is amended by Section 2 of this bill. Section 2.7 shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2015, (2) each bill amends Section 41030 of the
Revenue and Taxation Code, and (3) this bill is enacted after
Assembly Bill 1717.

end insert