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AB-2693 Public Utilities Commission: telecommunications service: natural disasters: reports.(2017-2018)

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Date Published: 07/03/2018 09:00 PM
AB2693:v93#DOCUMENT

Amended  IN  Senate  July 03, 2018
Amended  IN  Senate  June 20, 2018
Amended  IN  Assembly  May 25, 2018
Amended  IN  Assembly  May 01, 2018
Amended  IN  Assembly  April 11, 2018
Amended  IN  Assembly  March 21, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2693


Introduced by Assembly Member Wood

February 15, 2018


An act to add Section 910.8 to the Public Utilities Code, relating to telecommunications.


LEGISLATIVE COUNSEL'S DIGEST


AB 2693, as amended, Wood. Public Utilities Commission: telecommunications service: natural disasters: reports.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law requires the commission, in consultation with the Office of Emergency Services, to identify the need for telecommunications service systems not on customers’ premises to have backup electricity to enable telecommunications networks to function, and to enable customers to contact a public safety answering point operator during an electrical outage, to determine performance criteria for backup systems, and to determine whether specified best practices for backup systems have been implemented by telecommunications service providers operating in California. Existing law requires the commission to report certain information to the Legislature.
This bill would, upon the declaration of a for the duration of a fire- or natural disaster-related state of emergency or a local emergency declared by the Governor, require the commission to collect specified information from telecommunications service providers relating to the provider’s efforts and resources used to restore telecommunications service outages caused by, and to repair or replace related network infrastructure or facilities that were damaged as a result of, the emergency or a natural disaster. The bill would require the commission to annually submit prepare a report that summarizes the information collected, collected and the service providers’ plans for restoring telecommunication service outages caused by, or repairing or replacing related network infrastructure or facilities, as necessitated by, the emergency or natural disaster. The bill would require the report to be broken down by each emergency or natural disaster, disaster and submitted to the appropriate policy committees of the Legislature and Legislature. The bill would require the commission to post the report in a conspicuous area of its Internet Web site. The bill would also require the President of the commission to annually present a summary of the information collected to the appropriate policy committees of the Legislature. The bill would authorize the commission to require telecommunications service providers to collect and forward to the commission any relevant information for these purposes. purposes and would authorize the commission to make this information public. The bill would authorize the commission to withhold from the public information it deems would pose a security threat if publicly disclosed.
Under existing law, a violation of any provision of the Public Utilities Act or of any of the rules or orders issued under the act is a crime.
Because the provisions of this bill are within the act and require action by the commission to implement its requirements, a violation of which would be a crime, this bill would impose a state-mandated local program.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 910.8 is added to the Public Utilities Code, to read:

910.8.
 (a) For purposes of this section, “telecommunications service” has the same meaning as defined in Section 2892.1.
(b) Upon the declaration of a of, and for the duration of, a fire- or natural disaster-related state of emergency or a local emergency by the Governor pursuant to Section 8558 of the Government Code, the commission shall collect all of the following information from telecommunications service providers relating to the provider’s efforts and resources used to restore telecommunications service outages caused by, and to repair or replace related network infrastructure or facilities that were damaged as a result of, the emergency or a natural disaster:
(1) The extent of any damage to telecommunications network infrastructure or facilities caused by the emergency or natural disaster, including the type of facility and infrastructure damaged.
(2) The number of people in California who experienced a telecommunications service outage caused by the emergency or natural disaster.
(3) The duration of each telecommunications service outage caused by the emergency or natural disaster.
(4) Any specific data on 911 emergency system outages caused by the emergency or natural disaster.
(5) The types of infrastructure or facilities used to restore telecommunications service outages caused by, or to repair or replace related network infrastructure or facilities damaged by, the emergency or natural disaster.

(6)The service provider’s plans for fully restoring any telecommunications service outages or repairing or replacing any related network infrastructure or facilities, as necessitated by the emergency or natural disaster, including specifically identifying areas where wireless facilities would replace wireline facilities.

(c) Consistent with paragraph (2) of subdivision (a) of Section 920, the The commission shall annually submit prepare a report that summarizes the information collected pursuant to subdivision (b), (b) and service providers’ plans for restoring any telecommunication service outages caused by, or repairing or replacing any related network infrastructure or facilities, as necessitated by, the emergency or natural disaster, including specifically identifying areas where wireless facilities would replace wireline facilities. This report shall be broken down by each emergency or natural disaster, disaster and, consistent with paragraph (2) of subdivision (a) of Section 920, shall be submitted to the appropriate policy committees of the Legislature and post the report Legislature, and posted in a conspicuous area of its the commission’s Internet Web site.
(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. information and, pursuant to existing authority, may make this information public, except information generated or obtained pursuant to subdivision (b) that the commission deems would pose a security threat to the public if disclosed.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act, which adds Section 910.8 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 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. 2.SEC. 3.

 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.