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AB-1100 Communications service: disasters: reports.(2021-2022)

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Date Published: 07/05/2021 09:00 PM
AB1100:v98#DOCUMENT

Amended  IN  Senate  July 05, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1100


Introduced by Assembly Member Aguiar-Curry

February 18, 2021


An act to add Section 914.8 to the Public Utilities Code, relating to communications.


LEGISLATIVE COUNSEL'S DIGEST


AB 1100, as amended, Aguiar-Curry. Communications service: emergencies and disasters: reports.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations, electrical corporations, and water corporations. Existing law requires the commission to establish standards for disaster and emergency preparedness plans, as specified, and requires an electrical corporation and a water company regulated by the commission to develop, adopt, and update an emergency and disaster preparedness plan, as specified. 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 that a facilities-based mobile telephony services provider undertake specified steps in preparation for receiving notifications regarding the deenergization of electrical lines. Existing law requires the commission to report certain information to the Legislature.
This bill would, following a fire- or disaster-related state of emergency or a local emergency declared by the Governor, require the commission state or local disaster for which the Governor has issued a declaration of emergency, require the commission, within 12 months of the declaration of the emergency, to collect specified information from telecommunications service providers relating to the provider’s efforts to repair restore, repair, or replace communications infrastructure that was damaged as a result of the emergency or disaster. disaster. The bill would require that the information collected from telecommunications service providers by the commission be broken down by each emergency or disaster and be submitted annually in a report by the commission to the appropriate policy committees of the Legislature, and posted in a conspicuous area on the commission’s internet website. The bill would additionally require the president of the commission to annually present a summary of the information to the appropriate policy committees of the Legislature. The bill would authorize the commission to require a telecommunications service provider to collect and forward to the commission any relevant information required to be collected by the commission and to make this information public, unless the commission determines that making the information public would present a security threat to the public, a threat to the property of the telecommunications service provider, or a threat to the employees of the telecommunications service provider. The bill would require a telecommunications service provider to identify any information the disclosure of which might present a security threat to the public, a threat to the property of the telecommunications service provider, or a threat to the employees of the telecommunications service provider, when submitting information to the commission.
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.
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 commission implementing its requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime.
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 914.8 is added to the Public Utilities Code, to read:

914.8.
 (a) For purposes of this section, the following terms have the following meanings:
(1) “Advanced telecommunications capability” has the same meaning as defined in Section 1302 of Title 47 of the United States Code.
(2) “Communications infrastructure” means the conduits, ducts, wires, lines, cables, poles, towers, instruments, appliances, fixtures, personal property, and any other equipment and facilities used to provide telecommunications service and advanced telecommunications capability.
(3) “Telecommunications service” has the same meaning as defined in Section 2892.1. service provider” means a facilities-based wireline or mobile telephony services provider that is required to file a communications resiliency plan pursuant to commission Decision 20-07-011 (July 16, 2020), Decision Adopting Wireless Provider Resiliency Strategies, or commission Decision 21-02-029 (February 11, 2021), Decision Adopting Wireline Provider Resiliency Strategies, or a successor order.
(b) Following a fire- or disaster-related state of emergency or a local emergency declared by the Governor state or local disaster for which the Governor has issued a declaration pursuant to Section 8558 of the Government Code, within 12 months of the declaration, the commission shall collect all of the following information from telecommunications service providers relating to the provider’s efforts to repair restore, repair, or replace communications infrastructure that was damaged as a result of the emergency or disaster:
(1) The extent of any damage to communications infrastructure caused by the emergency or disaster, including the type of infrastructure damaged.
(2) The types of infrastructure used to restore telecommunications service and advanced telecommunications capability following an outage caused by, or to repair or replace related communications infrastructure damaged by, the emergency or disaster.

(3)The backup electrical supply, if any, that was used to support communication network services as part of the communications infrastructure repair or replacement.

(4)

(3) The obstacles encountered by the telecommunications service provider in repairing or replacing communications infrastructure.
(c) (1) The information collected from telecommunications service providers by the commission pursuant to subdivision (b) shall be broken down by each emergency or disaster and, consistent with paragraph (2) of subdivision (a) of Section 920, and shall be submitted annually in a report by the commission to the appropriate policy committees of the Legislature, and posted in a conspicuous area on the commission’s internet website.
(2) 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.
(d) The commission may require a telecommunications service provider to collect and forward to the commission any relevant information required to be collected by the commission pursuant to subdivision (b) and, notwithstanding Section 583, and may make this information public, unless the commission determines that making the information public would present a security threat to the public, a threat to the property of the telecommunications service provider, or a threat to the employees of the telecommunications service provider. When submitting information that is requested by the commission, a telecommunications service provider shall identify any information the disclosure of which might present a security threat to the public, a threat to the property of the telecommunications service provider, or a threat to the employees of the telecommunications service provider.
(e) As part of the commission’s data collection requirements pursuant to this section, the commission shall seek to limit duplicative data requests.
(f) This section does not require the commission to revise or otherwise modify the requirements in commission Decision 20-07-011 (July 16, 2020), Decision Adopting Wireless Provider Resiliency Strategies, and commission Decision 21-02-029 (February 11, 2021), Decision Adopting Wireline Provider Resiliency Strategies.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act, which adds Section 914.8 to 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 presents a security threat to the public, to the property of a telecommunications service provider, or the employees of a telecommunications service provider outweigh that outweighs the benefits of public disclosure of that information.

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.