Today's Law As Amended

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SB-46 Emergency services: telecommunications.(2019-2020)



SECTION 1.

 Section 8593.3 of the Government Code is amended to read:

8593.3.
 (a) A county, including a city and county, shall, upon the next update to its emergency plan, integrate access and functional needs into its emergency plan by addressing, at a minimum, how the access and functional needs population is served by the following:
(1) Emergency communications, including the integration of interpreters, translators, and assistive technology.
(2) Emergency evacuation, including the identification of transportation resources and resources that are compliant with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) for individuals who are dependent on public transportation.
(3) Emergency sheltering, including ensuring that designated shelters are compliant with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) or can be made compliant through modification and that showers and bathrooms are fully accessible to all occupants.
(b) A local government may enter into an agreement with a, or may use the records of its own, social services department to access the contact information of persons from the access and functional needs population, and the contact information of the designated emergency contacts of those persons, if any, for the sole purpose of enrolling those individuals, who are residents of that local government, in a city-operated, county-operated, or city-and-county-operated public emergency warning system.
(c) A local government that enters into an agreement to access information pursuant to subdivision (b) shall include procedures to enable any covered resident or designated emergency contact to opt out of the warning system and a process to terminate the local government’s access to the contact information of the resident or the designated emergency contact from a county social services department. A local government or any third party contractor or agent that assists with or administers an emergency warning system shall not use the information gathered for any purpose other than for emergency notification. The local government shall ensure that the confidentiality of the contact information is protected under reasonable security procedures.
(d) A local government that enters into an agreement to access information pursuant to subdivision (b) shall, upon receipt of that information, notify residents and designated emergency contacts that they have been entered into the public emergency warning system. This notification shall include a process to opt out of the warning system and to terminate the local government’s access to the contact information of the resident or the designated emergency contact for purposes of the emergency warning system, regardless of the source of the information.
(e) For purposes of this section:
(b) (1)  For purposes of this section, the “access  “Access  and functional needs population” consists of individuals who have developmental or intellectual disabilities, physical disabilities, chronic conditions, injuries, limited English proficiency or who are non-English speaking, older adults, children, people living in institutionalized settings, or those who are low income, homeless, or transportation disadvantaged, including, but not limited to, those who are dependent on public transit or those who are pregnant.
(2) “Contact information” means a person’s name, address, telephone number, and email address.
(3) “Local government” means a city or county, including a city and county.
(f) Any contact information of a person from the access and functional needs population, or the contact information of the designated emergency contact for that person, obtained by a local government pursuant to this section shall not specify whether that person receives public benefits or any other information, besides the contact information, that would be considered personal or confidential.

SEC. 2.

 Section 8593.4 of the Government Code, as added by Chapter 615 of the Statutes of 2018, is amended to read:

8593.4.
 (a) A county, including a city and county,  local government  may enter into an agreement to access the contact information of resident accountholders through the records of a public utility or other agency, including an electrical or gas corporation, local publicly owned electric utility, public water agency, or other agency responsible for water service, waste and recycling services, or other related services for a property address, for  for  the sole purpose of enrolling county residents in a county-operated  residents of that local government in a city-operated, county-operated, or city-and-county-operated  public emergency warning system.
(b) A county, including a city and county,  local government  that enters into an agreement to access information  the records of a public utility  pursuant to subdivision (a) shall include procedures to enable any resident to opt out of the warning system and a process to terminate the receiving agency’s access to the contact information of the resident from a public utility or other agency, including an electrical or gas corporation, local publicly owned electric utility, public water agency, or other agency responsible for water service, waste and recycling services, or other related services for a property address. A county, or city and county,  utility. A local government or a third party contractor or agent that assists with or administers the emergency warning system  may not use the information gathered for any purpose other than for emergency notification. The receiving agency shall ensure that the confidentiality of the contact information is protected under reasonable security procedures.
(c) For purposes of this section, “contact information” means a person’s name, address, telephone numbers, and email address. A local government that enters into an agreement to access contact information pursuant to subdivision (a) shall, upon receipt of that information, notify residents that they have been entered into the public emergency warning system. This notification shall include a process to opt out of the warning system and to terminate the local government’s access to the contact information of the resident for purposes of the emergency warning system, regardless of the source of the information. 
(d) Notwithstanding any other law, a public utility or other agency, including an electrical or gas corporation, local publicly owned electric utility, public water agency, or other agency responsible for water service, waste and recycling services, or other related services for a property address,  shall not be subject to civil or criminal liability for the accuracy of, or any use, nonuse, or improper release of, the contact information it provides to the county  local government  under this section, including, without limitation, for any deficiencies or inaccuracies of the contact information provided.
(e) For purposes of this section:
(1) “Contact information” means a person’s name, address, telephone number, and email address.
(2) “Local government” means a city or county, including a city and county.
(3) “Public utility” has the same meaning as in subdivision (a) of Section 216 of the Public Utilities Code and also includes a local publicly owned electric utility as defined in Section 224.3 of the Public Utilities Code, a mobile telephony service as defined in subdivision (d) of Section 224.4 of the Public Utilities Code, a public water agency, and an agency responsible for solid waste or recycling services.

SEC. 3.

 Section 8593.5 is added to the Government Code, to read:

8593.5.
 (a) The governing bodies of the California State University, the University of California, and each community college district may access their own enrollment, registration, and personnel records for the sole purpose of enrolling students and employees in a university- or college-operated public emergency warning system.
(b) The governing body of the California State University, the University of California, or a community college district that operates a public emergency warning system pursuant to subdivision (a), shall include procedures to enable any student or employee to opt out of the warning system. The governing body of the California State University, the University of California, or a community college district, and any third party contractor or agent that assists with or administers the emergency warning system may not use the information gathered for any purpose other than for emergency notification. The governing bodies of the California State University, the University of California, and each community college district shall each ensure that the confidentiality of the contact information is protected under reasonable security procedures.
(c) For purposes of this section, “contact information” means a person’s name, address, telephone number, and email address.

SEC. 4.

 Section 910.9 is added to the Public Utilities Code, to read:

910.9.
 (a) For purposes of this section, “telecommunications service” has the same meaning as defined in Section 2892.1, except it does not include voice communication provided by a provider of satellite telephone services.
(b) (1) In addition to any other information collected by the commission, the commission shall also collect all of the following information from telecommunications service providers relating to the performance of telecommunications-based city-operated, county-operated, or city-and-county-operated public emergency warning systems, to the extent that information is possessed by telecommunications service providers. The information shall include comprehensive reporting on messaging performance, including throughput and error rates, and the impact on messaging performance due to damage to telecommunications network infrastructure or facilities caused by an emergency or natural disaster.
(2) The commission shall collect information pursuant to paragraph (1) at a time it determines to be prudent to avoid interfering with recovery efforts that may be occurring before the containment of the emergency or natural disaster.
(c) The commission shall annually prepare a report that summarizes the information collected pursuant to subdivision (b). Consistent with paragraph (2) of subdivision (a) of Section 920, the report shall be submitted to the appropriate policy committees of the Legislature and posted in a conspicuous area of the commission’s internet website.
(d) The president of the commission shall annually present to the appropriate policy committees of the Legislature a summary of the information collected pursuant to subdivision (b). The summary may be presented at the same time that the president presents the annual report pursuant to Section 321.6.
(e) For purposes of this section, the commission may require a telecommunications service provider to collect and forward to the commission any relevant information. Any information disclosed by the commission to the Legislature pursuant to subdivision (c) or (d), and any information that is disclosed to the public, shall only include aggregated, anonymized information and shall not include any information that would pose a security threat to the public if disclosed. Any information disclosed by the commission to the Legislature pursuant to subdivision (c) or (d), and any information that is disclosed to the public, shall not include proprietary business information.
SEC. 5.
 The Legislature finds and declares that Section 4 of this act, which adds Section 910.9 of the Public Utilities Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
The interests in withholding information from the public that, if disclosed, is deemed by the Public Utilities Commission to present a security threat to the public outweigh the benefits of public disclosure of that information.
SEC. 6.
 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.