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



Current Version: 07/27/20 - Amended Assembly         Compare Versions information image


SB431:v96#DOCUMENT

Amended  IN  Assembly  July 27, 2020
Amended  IN  Assembly  February 10, 2020
Amended  IN  Assembly  June 12, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 431


Introduced by Senators McGuire and Glazer
(Principal coauthor: Senator Stern)
(Coauthors: Senators Beall, Caballero, Dahle, Dodd, Lena Gonzalez, Hill, Monning, Nielsen, Wieckowski, and Wilk)
(Coauthors: Assembly Members Bauer-Kahan, Levine, Blanca Rubio, and Wood)

February 21, 2019


An act to add Section 776.2 to the Public Utilities Code, relating to communications.


LEGISLATIVE COUNSEL'S DIGEST


SB 431, as amended, McGuire. Mobile telephony service base transceiver station towers: communications infrastructure: performance reliability standards. Telecommunications service: backup electrical supply rules.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law requires the commission to develop and implement performance reliability standards for backup power systems installed on the property of residential and small commercial customers by a facilities-based provider of telephony services upon determining that the benefits of the standards exceed the costs.
This bill would require the commission, in consultation with the Office of Emergency Services, Services and the telecommunications industry, by July 1, 2021, to develop and implement performance reliability standards, backup electrical supply rules, as specified, for all mobile telephony service base transceiver station towers, commonly known as “cell towers,” and for all infrastructure for providing mobile telephony service, Voice over Internet Protocol service, Internet Protocol enabled service, and cable television service that is located telecommunications service, as defined, that is provided within a commission-designated Tier 2 or Tier 3 High Fire Threat District, or that affects those towers or that infrastructure within such a district. District.
Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because the provisions of this bill would be a part of the act and because a violation of an order or decision of the a commission action implementing its the bill’s requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime. program.
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 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.

(a)By

(b) On or before July 1, 2021, the commission, in consultation with the Office of Emergency Services, Services and the telecommunications industry, shall develop and implement performance reliability standards for all mobile telephony service base transceiver station towers and other infrastructure for providing mobile telephony service, Voice over Internet Protocol service, Internet Protocol enabled service, and cable television backup power rules for telecommunications service that is located provided within a commission-designated Tier 2 or Tier 3 High Fire Threat District, or that is located outside such a district, but that affects those towers or that infrastructure within such a district. Those standards shall do both of the following: 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.

(1)Establish a minimum operating life for backup power systems of no less than 72 hours, unless the commission determines that the mobile telephony service base transceiver station tower or communications infrastructure is incapable of a minimum operating life of not less than 72 hours of backup, in which case, the commission shall determine and require a minimum operating life pursuant to subdivision (b).

(2)Establish means to warn a customer when the backup power system is low and the customer’s access can no longer be supported by the backup power system.

(b)

(f) In developing and implementing any standards backup power rules pursuant to subdivision (a), (b), the commission shall consider current best practices and technical the feasibility for establishing backup power system requirements. of the rules.

(c)The commission shall collect data necessary to identify the mobile telephony service base transceiver station infrastructure and infrastructure for providing mobile telephony service, Voice over Internet Protocol service, Internet Protocol enabled service, and cable television service that shall be subject to the performance reliability standards adopted pursuant to subdivision (a).

(d)The commission may require a mobile telephony services provider to collect and forward to the commission any relevant information that may be useful to the commission’s development or implementation of performance reliability standards pursuant to this section.

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.