Bill Text: CA SB828 | 2009-2010 | Regular Session | Amended

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Bill Title: Public safety communication.

Spectrum: Slight Partisan Bill (Democrat 9-4)

Status: (Engrossed - Dead) 2009-09-04 - Read third time. Amended. (Page 3037.) Re-referred to Com. On G.O. pursuant to Assembly Rule 77.2. [SB828 Detail]

Download: California-2009-SB828-Amended.html

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BILL NUMBER: SB 828	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  SEPTEMBER 4, 2009

INTRODUCED BY   Committee on Governmental Organization (Senators
Wright (Chair), Benoit, Calderon, Denham, Florez, Harman, Negrete
McLeod, Oropeza, Padilla, Romero, Wiggins, Wyland, and Yee)

                        MARCH 19, 2009

    An act to amend Section 8592.1 of the Government Code,
relating   An act to amend Sections 8592.1, 8592.3,
8592.4, 8592.5, and   8592.7 of, to add Sections 8592.01 and
8592.8 to, and to repeal and add Sections 8592.2 and 8592.6 to, the
Government Code, relating  to public safety communication.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 828, as amended, Committee on Governmental Organization. Public
safety communication. 
   Existing law, the Public Safety Communication Act of 2002,
provides that the Public Safety Radio Strategic Planning Committee
shall have primary responsibility in state government to develop and
implement a statewide integrated public safety communication system
that facilitates interoperability among state public safety
departments and other first response agencies and to coordinate other
shared uses of the public safety spectrum. It requires the committee
to make recommendations for state agency purchase of public safety
radio subscriber equipment that will enable those agencies to
commence conforming to industry and governmental interoperability
standards. The act defines various terms for these purposes. 

   This bill would recast various provisions of the act. The bill
would revise and add to the act's definitions and rename the
committee the State Emergency Communications Council. The bill would
modify the responsibilities of the committee for purposes of the act
and require the committee to establish guidelines for the purchase of
public safety communications equipment. The bill would require the
California Emergency Management Agency to submit specified updates
and addenda relating to the California Statewide Communications
Interoperability Plan to the Legislature and would require the office
of the State Chief Information Officer to produce a Public Safety
Communications Strategic Plan on or before June 1, 2010, and every 5
years thereafter, as specified.  
   Existing law, the Public Safety Communication Act of 2002, defines
terms for its purposes and establishes the Public Safety Radio
Strategic Planning Committee.  
   This bill would revise and add to these definitions and rename the
committee as the Public Safety Emergency Communications Strategic
Planning Committee. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 8592.01 is added to the 
 Government Code  , to read:  
   8592.01.  (a) The purpose of this act is to ensure that California
realize its vision, as outlined in the California Statewide
Communications Interoperability Plan, that all local, regional,
tribal, state, and federal public safety agencies and designated
public service organizations operating within California are able to
communicate in real time, across disciplines and jurisdictions, to
respond more effectively during day-to-day operations and major
incidents.
   (b) It is the intent of the Legislature that statewide emergency
interoperable communications will be developed as quickly as
possible, consistent with the milestones and timeframes articulated
in the California Statewide Communications Interoperability Plan.

   SECTION 1.   SEC. 2.   Section 8592.1 of
the Government Code is amended to read:
   8592.1.  For purposes of this article, the following terms have
the following meanings:
   (a) "Backward compatibility" means that the equipment is able to
function with older, existing equipment. 
   (b) "California Statewide Interoperability Executive Committee"
means the committee established under the Communications and
Technology Development Branch of the California Emergency Management
Agency.  
   (c) "Committee" means the Public Safety Emergency Communications
Strategic Planning Committee established in December 1994 in
recognition of the need to improve existing public radio systems and
develop interoperability among  
   (b) "California Statewide Interoperability Executive Committee"
means the committee established under the California Emergency
Management Agency that does all of the following:  
   (1) Provides guidance and consensus for agreements that define the
use and management of spectrum allocated for purposes of enabling
interoperability within California.  
   (2) Consists of representatives from local, tribal, state, and
federal public safety agencies within California.  
   (3) Has adopted a governing charter that has been approved by the
California Emergency Management Agency.  
   (c) "California Statewide Communications Interoperability Plan"
means the statewide communications interoperability plan required by
the United States Department of Homeland Security to be developed by
each state by the end of 2007 as a stipulation for receiving future
homeland security grant funds for communications interoperability
initiatives. The plan is the primary guiding document for statewide
communications interoperability planning within California and guides
California in achieving its goal of statewide interoperable
emergency communications. 
    (d)     "Committee" means the State
Emergency Communications Council, established to develop
communications interoperability among the state's  public safety
departments and between state public safety departments and local or
federal entities, and that consists of representatives of the
following state entities:
   (1) The California Emergency Management Agency, whose
representative shall serve as chairperson.
   (2) The Department of the California Highway Patrol.
   (3) The Department of Transportation.
   (4) The Department of Corrections and Rehabilitation.
   (5) The Department of Parks and Recreation.
   (6) The Department of Fish and Game.
   (7) The Department of Forestry and Fire Protection.
   (8) The Department of Justice.
   (9) The Department of Water Resources.
   (10) The State Department of Public Health.
   (11) The Emergency Medical Services Authority. 
   (12) The Department of General Services.  
   (12) Office of the State Chief Information Officer. 
   (13) The Military Department.
   (14) The Department of Finance. 
   (d) 
    (e   )  "First response agencies" means public
agencies that, in the early  states   stages
 of an incident, are responsible for, among other things, the
protection and preservation of life, property, evidence, and the
environment, including, but not limited to, state fire agencies,
state and local emergency medical services agencies, local sheriffs'
departments, municipal police departments, county and city fire
departments, and police and fire protection districts. 
   (f) "Interoperability" means the ability of emergency response
officials to share information via voice and data signals on demand,
in real time, as necessary and as authorized.  
   (e) 
    (g)  "Nonproprietary equipment or systems" means
equipment or systems that are able to function with another
manufacturer's equipment or system regardless of type or design.

   (f) "Open architecture" means a system that can accommodate
equipment from various vendors because it is not a proprietary
system.  
   (g) "Public safety radio subscriber" means the ultimate end user.

    (h)     "Public safety radio subscriber
equipment" means the ultimate end user equipment.  Subscribers
include individuals or organizations, including, for example, local
police departments, fire departments, and other operators of a public
safety radio system. Typical subscriber  equipment includes
end instruments, including mobile radios, hand-held radios, mobile
repeaters, fixed repeaters, transmitters, or receivers that are
interconnected to utilize assigned public safety communications
frequencies.   equipment includes mobile and hand-held
radios that utilize assigned public safety communications
frequencies.  
   (h) 
    (i)  "Public safety spectrum" means the spectrum
allocated by the Federal Communications Commission for operation of
interoperable and general use radio communication systems for public
safety purposes.
   SEC. 3.    Section 8592.2 of the  
Government Code   is repealed.  
   8592.2.  (a) The committee shall have primary responsibility in
state government for both of the following:
   (1) Developing and implementing a statewide integrated public
safety communication system that facilitates interoperability among
state public safety departments listed in subdivision (b) of Section
8592.1 and other first response agencies, as the committee deems
appropriate.
   (2) Coordinating other shared uses of the public safety spectrum
consistent with decisions and regulations of the Federal
Communications Commission.
   (b) In order to facilitate effective use of the public safety
spectrum, the committee shall consult with any regional planning
committee or other federal, state, or local entity with
responsibility for developing, operating, or monitoring
interoperability of the public safety spectrum.
   (c) The committee shall meet at least twice a year, of which one
meeting shall be a joint meeting with the California Statewide
Interoperability Executive Committee to enhance coordination and
cooperation at all organizational levels and a cohesive approach to
communications interoperability. 
   SEC. 4.    Section 8592.2 is added to the  
Government Code   , to read:  
   8592.2.  (a) The California Emergency Management Agency shall have
responsibility for the daily operations of California's
interoperability efforts, including coordinating and managing the use
of the interoperability spectrum, and the planning, implementation,
and oversight of the initiatives outlined in the California Statewide
Communications Interoperability Plan.
   (b) The Office of the State Chief Information Officer, in
collaboration with California Emergency Management Agency, shall have
responsibility for developing policies, standards, and public safety
communications technology solutions that satisfy California's
interoperability needs based upon the operational requirements
developed and documented by the California Statewide Interoperability
Executive Committee and the committee.
   (c) The California Statewide Interoperability Executive Committee
shall advise the California Emergency Management Agency and the
Office of the State Chief Information Officer on the development of
technical and operational policies for the use of the
interoperability communications spectrum.
   (1) In order to facilitate effective use of the public safety
communication spectrum, the California Statewide Interoperability
Executive Committee may consult with any regional planning committee
or other federal, state, or local entity with responsibility for
developing, operating, or monitoring interoperability of the public
safety spectrum.
   (2) The California Statewide Interoperability Executive Committee
shall advise the California Emergency Management Agency regarding the
development of agreements, including, but not limited to, model
memoranda of understanding, for interoperability or other shared use
of the public safety spectrum.
   (d) In order to be eligible for state and federal public safety
radio communications grant funds, local agencies shall participate
in, and be signatory to, a tactical interoperability communication
plan as approved by California Statewide Interoperability Executive
Committee.
   (e) The committee shall have responsibility for both of the
following:
   (1) Developing an integrated public safety strategy that
facilitates interoperability among the state public safety agencies
listed in subdivision (d) of Section 8592.1. In the development of
the integrated public safety strategy, the committee shall coordinate
with California Statewide Interoperability Executive Committee and
ensure that state systems interoperate with local government systems
where authorized and where applicable.
   (2) Coordinating shared use of the public safety spectrum
allocated to the state by the Federal Communications Commission to
maximize its effective use by the state public safety organizations
listed in subdivision (d) of Section 8592.1 consistent with the
decisions and regulations of the Federal Communications Commission,
the guidelines for interoperability established by California
Emergency Management Agency and California Statewide Interoperability
Executive Committee, and the requirements of the California
Statewide Communications Interoperability Plan.
   (f) The committee shall meet at least twice a year, of which one
meeting shall be a joint meeting with the California Statewide
Interoperability Executive Committee to enhance coordination and
cooperation at all organizational levels and a cohesive approach to
communications interoperability. 
   SEC. 5.    Section 8592.3 of the  
Government Code   is amended to read: 
   8592.3.  (a) The committee  shall   may 
consult with the following organizations and entities:
   (1) California State Peace Officers Association.
   (2) California Police Chiefs Association.
   (3) California State Sheriffs' Association.
   (4) California Professional Firefighters.
   (5) California Fire Chiefs Association.
   (6) California State Association of Counties.
   (7) League of California Cities.
   (8) California State Firefighters Association.
   (9) California Coalition of Law Enforcement Associations.
   (10) California Correctional Peace Officers Association.
   (11) CDF Firefighters.
   (12) California  Union of Safety Employees  
Statewide Law Enforcement Association  . 
   (13) Tribal government representatives.  
   (14) Manufacturers and vendors of public safety communications
equipment and systems.  
   (15) Association of Public Safety Communications Officials
International and similar professional organizations. 
   (b) Each organization or entity listed in subdivision (a) may
designate a representative to work with the committee to develop
agreements for interoperability  ,   including for the
shared use of resources or infrastructure,  or other shared use
of the public safety spectrum between the state public safety
departments listed in subdivision  (b)   (d)
 of Section 8592.1 and local or federal agencies that operate a
communication system on the public safety spectrum and that have
capacity and technical ability for interoperability or other shared
use. 
   (c) The committee shall develop a model memorandum of
understanding that sets forth general terms for interoperability or
other shared uses among jurisdictions, which may be modified as
necessary for a particular agreement entered into pursuant to
subdivision (b). 

    (c) (1) A meeting or portion of a meeting convened for the
sole purpose of reviewing communications protocols or technology
where disclosure of features, components, or systems could impact the
security of public safety communications, or the disclosure
proprietary information or trade secrets of technology providers may
be exempt from Article 9 (commencing with Section 11120) of Chapter 1
of Part 1 of Division 3. Any exemptions shall be noticed in
accordance with the requirements for noticing public meetings. 
    (2) Paragraph (1) shall not affect any other provision of
existing law relative to the procurement of technology or technology
services. 
    (3) Subsequent to any closed meeting conducted pursuant to
paragraph (1), a list of presenters, including names and
affiliations, and general subject matter discussed shall be published
as part of the minutes of the next meeting.  
   (d) A local agency may not be required to adopt the model
memorandum of understanding developed pursuant to subdivision (c).

   SEC. 6.    Section 8592.4 of the  
Government Code   is amended to read: 
   8592.4.  (a) The committee shall  determine which state
public safety departments listed in subdivision (b) of Section 8592.1
need new or upgraded communication equipment and shall establish a
program for equipment purchase   establish guidelines
for the purchase of public safety communications equipment  . In
establishing  this program   these guidelines
 , the committee shall recommend the purchase of public safety
radio subscriber equipment that will enable state agencies to
 commence conforming   conform  to industry
and governmental standards for interoperability as set forth in
Section 8592.5. As technology continues to evolve, the committee
shall recommend the purchase of nonproprietary equipment or systems
that  are standards-based and  have  open
architecture and  backward compatibility  with existing
equipment and systems, as appropriate  , and that are in
compliance with paragraphs (1) and (2) of subdivision (a) of Section
8592.5.
   (b) The committee may recommend to any other federal, state,
regional, or local entity with responsibility for developing,
operating, or monitoring interoperability of the public safety
spectrum, the purchase of public safety radio subscriber equipment
that will enable  first response   public safety
 agencies to  commence conforming  
conform  to industry and governmental standards for
interoperability as set forth in paragraphs (1) and (2) of
subdivision (a) of Section 8592.5.  As technology continues
to evolve, the committee may recommend the purchase of nonproprietary
equipment or systems that have open architecture and backward
compatibility, and that are in compliance with paragraphs (1) and (2)
of subdivision (a) of Section 8592.5. 
   (c) This section does not mandate that a state or local
governmental agency affected by this section is required to
compromise its immediate mission or ability to function and carry out
its existing responsibilities.
   SEC. 7.    Section 8592.5 of the  
Government Code   is amended to read: 
   8592.5.  (a) Except as provided in subdivision (c), a state
 department   agency  that purchases public
safety radio communication equipment shall ensure that the equipment
purchased complies with applicable provisions of the following:
   (1) The common system standards for digital public safety radio
communications commonly referred to as the "Project 25 Standard," as
 that standard may be amended, revised, or added to in the
future jointly by the Associated Public-Safety Communications
Officials, Inc., National Association of State Telecommunications
Directors and agencies of the federal government, commonly referred
to as "APCO/NASTD/FED."     defined in the
Telecommunications Industry Association Series 102 series of
standards, and as that series may be amended or revised in the
future. 
   (2) The operational and functional requirements delineated in the
Statement of Requirements for Public Safety Wireless Communications
and Interoperability developed by the SAFECOM Program under the
United States Department of Homeland Security.
   (b) Except as provided in subdivision  (c)  
(d)  , a local  first response   public
safety  agency that purchases public safety radio communication
equipment, in whole or in part, with state funds or federal funds
administered by the state, shall ensure that the equipment purchased
complies with paragraphs (1) and (2) of subdivision (a).
   (c) Subdivision (a)  or (b)  shall not apply to
either of the following:
   (1) Purchases of equipment to operate with existing state 
or local  communications systems where the latest
applicable standard will not  be compatible, as verified by
the Telecommunications Division of the Department of General Services
  serve to enhance interoperability between the agency
making the purchase and any other agency, as verified by the Office
of the State Chief Info   rmation Officer  .
   (2) Purchases of equipment for existing statewide low-band public
safety communications systems.
    (d) Subdivision (b) shall not apply to purchases of equipment
to operate with existing local communications systems where the
latest applicable standard will not serve to enhance interoperability
between the agency making the purchase and any other agency, as
verified by the California Emergency Management Agency, of the funds
used to acquire that equipment.  
   (d) 
    (e)  This section may not be construed to require an
affected state or local governmental agency to compromise its
immediate mission or ability to function and carry out its existing
responsibilities.
   SEC. 8.    Section 8592.6 of the  
Government Code   is repealed. 
   8592.6.  (a) The committee shall report to the Legislature by
January 1 of each year on the committee's progress in implementing
this article.
   (b) (1) The annual report shall serve as the state's strategic
plan to establish a statewide integrated, interoperable public safety
communications network. The report shall include, but not be limited
to, implementation strategies and timelines to achieve the goals and
objectives set forth in the report. The implementation strategies
and timelines may include identification of resource needs, including
data formats, possible funding sources, prioritization of
expenditures, and the development of common protocols that build upon
industry and governmental standards for interoperability as set
forth in paragraphs (1) and (2) of subdivision (a) of Section 8592.5
that will advance the integration of local, regional, and statewide
interoperable public safety communication networks. The report shall
be updated annually, as strategies, timelines, goals, and objectives
are accomplished or changed.
   (2) In developing the report, the committee, at its discretion,
shall consult with any other local, regional, state, or federal
entity with responsibility for developing, operating, or monitoring
interoperability of the public safety spectrum, and other first
response agencies. The report may include recommendations for local,
regional, state, or federal entities to coordinate resources and the
development of common protocols to advance the integration of local,
regional, and statewide interoperable public safety communication
networks.
   (c) The report will include a complete listing of purchases by
state departments of public safety radio communications equipment,
for which a waiver of subdivision (a) of Section 8592.5 was granted
by the committee. 
   SEC. 9.    Section 8592.6 is added to the  
Government Code   , to read:  
   8592.6.  Concurrent with its submission of updates to the
California Statewide Interoperability Plan to the federal government,
the California Emergency Management Agency shall submit all of the
following to the Legislature:
   (a) Plan updates.
   (b) An addendum to the plan that includes aggregate budget
projections for the state to meet the strategic milestones for
statewide interoperability, as outlined in the plan.
   (c) A list of waivers, included in the addendum, issued pursuant
to subdivisions (a) and (b) of Section 8592.5 in the prior two years.

   SEC. 10.    Section 8592.7 of the  
Government Code   is amended to read: 
   8592.7.  (a) A  budget proposal  
communications systems plan  submitted by a state agency for
support of a new or modified radio  or data communications 
system shall be accompanied by a technical project plan that includes
all of the following:
   (1) The scope of the project.
   (2) Alternatives considered.
   (3) Justification for the proposed solution.
   (4) A project implementation plan.
   (5) A proposed timeline.
   (6) Estimated costs by fiscal year.
   (b) The committee shall review the plans submitted pursuant to
subdivision (a) for consistency with the  statewide
integrated public safety communication strategic plan included in the
annual report required pursuant to Section 8592.6  
requirements of the California Statewide Communications
Interoperability Plan and the interoperability guidelines published
by the California Statewide Interoperabilit   y Executive
Committee  .
   (c) The  Telecommunications Division of the Department of
General Services   office of the State Chief Information
Officer  shall review the plans submitted pursuant to
subdivision (a) for consistency with the technical requirements of
the  statewide integrated public safety communication
strategic plan included in the annual report required pursuant to
Section 8592.6   California Statewide Communications
Interoperability Plan and the interoperability guidelines published
by the California Statewide Interoperability Executive Committee and
committee  .
   SEC. 11.    Section 8592.8 is added to the  
Government Code  , to read:  
   8592.8.  (a) The office of the State Chief Information Officer
shall produce a Public Safety Communication Strategic Plan in
accordance with subdivision (d) that shall guide the acquisition of
information technology for public safety communications. State
agencies shall cooperate in the development of this plan, as required
by the State Chief Information Officer. The plan shall support the
California Statewide Communications Interoperability Plan.
   (b) Upon establishment of the information technology strategic
plan, the office of the State Chief Information Officer shall take
all appropriate and necessary steps to implement the plan, subject to
any modification and adjustments deemed necessary and reasonable.
   (c) The office shall review and make minor adjustments if
necessary to the communications strategic plan in each year during
the five-year cycle.
   (d) The plan shall be submitted to the Joint Legislative Budget
Committee on or before June 1, 2010, and annually thereafter until
June 1, 2015, if the plan is adjusted.