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



Current Version: 04/30/19 - Amended Senate         Compare Versions information image


SB46:v97#DOCUMENT

Amended  IN  Senate  April 30, 2019
Amended  IN  Senate  March 05, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 46


Introduced by Senator Jackson
(Coauthor: Senator Coauthors: Senators Galgiani and Nielsen)
(Coauthors: Assembly Members Gallagher and Limón)

December 03, 2018


An act to amend Sections 8593.3 and 8593.4 of, and to add Section 8593.5 to, the Government Code, and to add Section 910.9 to the Public Utilities Code, relating to state government.


LEGISLATIVE COUNSEL'S DIGEST


SB 46, as amended, Jackson. Emergency services: telecommunications.
The California Emergency Services Act establishes the Office of Emergency Services in the office of the Governor and provides that the office is responsible for the state’s emergency and disaster response services for natural, technological, or manmade disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property.
Existing law authorizes each county, including a city and county, to enter into an agreement to access the contact information of resident accountholders through the records of a public utility or other agency responsible for water service, waste and recycling services, or other property-related services for the sole purpose of enrolling county residents in a county-operated public emergency warning system. Existing law requires any county that enters into such an agreement to 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 resident’s contact information. Existing law prohibits the use of the information gathered for any purpose other than for emergency notification.
This bill would expand these provisions to authorize a city to enter into an agreement to access the contact information of resident accountholders through the records of a public utility, as specified. The bill would also expand the types of public utilities that can enter into these agreements by defining public utility to include, among others, a local publicly owned electric utility, wireless mobile telephony services, a public water agency, and an agency responsible for solid waste or recycling services. The bill would require a local government that enters into an agreement to access information of resident accountholders to, upon receipt of that information, notify residents that they have been entered into the public emergency warning system. The bill would require a local government that enters into an agreement to access information to 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. The bill would also authorize the governing bodies of the California State University, the University of California, and each community college district to use their own enrollment, registration, and personnel records to access the contact information of students and employees for the sole purpose of enrolling students and employees in a university- or college-operated public emergency warning system.
Existing law requires a county, upon the next update to its emergency plan, to 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 emergency communications, emergency evacuation for individuals who are dependent on public transportation, and accessible emergency sheltering.
Existing law permits an authorized employee of a county social services department to disclose the name and residential address of elderly or disabled clients to police, fire, or paramedical personnel, or other designated emergency services personnel, in the event of a public safety emergency that necessitates the possible evacuation of the area in which those elderly or disabled clients reside. Existing law requires the Director of Social Services to seek any federal approval necessary to implement these provisions, and prohibits these provisions from being implemented unless the director executes a declaration stating that any required federal approval has been obtained, and only for the duration of that approval. Existing law defines “public safety emergency” for these purposes to include, but not be limited to, specified events that jeopardize the immediate physical safety of county residents.
This bill would authorize a local government to enter into an agreement with a, or to 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 city-and-county-operated public emergency warning system, as specified. The bill would require a local government that enters into an agreement to access information of resident accountholders or designated emergency contacts to, upon receipt of that information, notify residents that they have been entered into the public emergency warning system. The bill would require a local government that enters into an agreement to access information to include procedures to enable any resident or designated emergency contact to opt out of the warning system and a process to terminate the receiving agency’s access to the contact information of the resident or designated emergency contact from a county social services department.
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 the 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 require the commission to collect specified information from telecommunications service providers relating to the performance of telecommunication-based city-, county-, or city-operated, county-operated, or city-and-county-operated public emergency warning systems, including comprehensive reporting on messaging performance and the impact on messaging performance due to damage to telecommunications network infrastructure caused by an emergency or natural disaster. The bill would require the commission to annually prepare a report that summarizes the information collected. The bill would 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. The bill would authorize the commission to make this information to be disclosed to the public, except information it deems would pose a security threat if publicly disclosed. as specified.
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 implementing action by the commission, 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 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 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 may 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.

(d)

(e) For purposes of this section:
(1) “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 local government may enter into an agreement to access the contact information of resident accountholders through the records of a public utility for the sole purpose of enrolling residents of that local government in a city-, county-, city-operated, county-operated, or city-and-county-operated public emergency warning system.
(b) A local government that enters into an agreement to access 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. 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) 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.

(c)

(d) Notwithstanding any other law, a public utility 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 local government under this section, including, without limitation, for any deficiencies or inaccuracies of the contact information provided.

(d)

(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, 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 numbers, 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-, county-, or city and county-operated city-operated, county-operated, or city-and-county-operated public emergency warning systems. 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 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. 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.