Today's Law As Amended


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SB-431 Telecommunications service: backup electrical supply rules.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 776.2 is added to the Public Utilities Code, to read:

776.2.
 (a) For purposes of this section, the following definitions apply:
(1) “Access emergency information” means mobile data service sufficient to access emergency notices and access basic internet browsing for emergency notices for their customers.
(2) “Electric utility” has the same meaning as defined in Section 2868.
(3) “Minimum service” means service sufficient to access 911 emergency services, access emergency information, and to use voice communication and text messaging services.
(4) “Telecommunications service” has the same meaning as defined in Section 2892.1, but does not include voice communication provided by a provider of satellite telephone services.
(b) On or before July 1, 2021, the commission, in consultation with the Office of Emergency Services and the telecommunications industry, shall develop and implement backup power rules for telecommunications service that is provided within a commission-designated Tier 2 or Tier 3 High Fire Threat District.
(c) The backup power rules developed and implemented pursuant to subdivision (b) shall do all of the following:
(1) For mobile telephony service, require the provision of backup power where feasible to maintain minimum service for at least 72 hours, which may be achieved using best practices.
(2) For telecommunications service, other than mobile telephony service, require the provision of backup power where feasible to maintain minimum service for at least 72 hours for each of the following customers:
(A) An emergency communication dispatch center.
(B) An emergency operations center.
(C) A federally-qualified health center, as defined by Section 1396d(l)(2) of Title 42 of the United States Code.
(D) A fire station.
(E) A general acute care hospital, as defined by Section 1250 of the Health and Safety Code.
(F) A police station, California Highway Patrol office, or sheriff’s office.
(G) A rural health clinic, as defined by Section 1396d(l)(1) of Title 42 of the United States Code.
(H) A utility, including all of the following:
(i) An electrical corporation.
(ii) A local publicly owned electric utility.
(iii) An operator of a sewer system, whether operated by a sewer system corporation or a publicly owned entity.
(iv) An operator of a water system, whether operated by a water corporation or a publicly owned entity.
(I) A mobile telephony services provider to whom backhaul services are provided.
(3) Upon notification from an electric utility of a deenergization event, require a mobile telephony service provider to notify its customers that access to 911 emergency services and emergency notifications may be impacted.
(4) Require a provider of Voice over Internet Protocol to notify its customers that access to 911 emergency services and emergency notifications may be impacted by a deenergization event. This notification shall be affixed to a customer’s Voice over Internet Protocol device and be provided annually by the provider.
(d) In developing and implementing the backup power rules pursuant to subdivision (b), the commission shall establish a process whereby a telecommunications service provider can identify facilities within its network for which it is unable to comply with the 72-hour backup power requirement described in paragraph (1) or (2) of subdivision (c) because of inaccessibility, lack of permitting, infeasibility, or significant risk to life or health, or of incurring damage.
(e) The commission may waive or delay implementation of any portion of this section if the commission determines that a mobile telephony service provider or provider of Voice over Internet Protocol meets any of the following conditions:
(1) The provider’s facilities do not require 72-hour backup power to maintain overall coverage and minimum service.
(2) The provider is unable to comply with the 72-hour backup power requirement because of significant risk to life or health, or doing so would violate a specific federal, state, tribal, or local law.
(3) It is objectively impossible or infeasible for the provider to provide 72-hour backup power to a specific facility.
(4) The provider makes a good faith effort, but is unable to obtain the necessary access, permits, or other relevant approval to meet the requirements of this section.
(f) In developing and implementing backup power rules pursuant to subdivision (b), the commission shall consider current best practices and the feasibility of the rules.
SEC. 2.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.