Existing law establishes in state government, within the office of the Governor, the Office of Emergency Services. Existing law requires the office to be responsible for the states 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, the Warren-911-Emergency Assistance Act, requires every local public agency, as defined, to have an emergency communication system and requires the digits 911 to be the primary emergency telephone number within the system. Existing law also requires the office to develop a plan and timeline of target dates for the testing, implementation, and operation of a Next Generation 911 emergency communication system, including text to 911 service, throughout the state. Existing law creates in state government the State 911 Advisory Board, which advises the office on, among other things, policies, practices, and procedures for the California 911 Emergency Communications Office.

This bill would require the office, in consultation with relevant experts and stakeholders, to develop a plan and timeline of target dates for the testing, implementation, and operation of a statewide system, consistent with the requirements of this bill, complete a study, as provided, to determine the feasibility of developing a statewide system that would enable all Californians, including older adults, individuals with disabilities, and other at-risk persons, to voluntarily provide vital health and safety information, with an encrypted connection, to be made available to all first responders in an emergency if a 911 call is placed. The bill would make information submitted through the statewide system confidential and not a public record. require the office to submit the results of the study in a report to the Legislature and the State 911 Advisory Board and make that report available to the public by January 1, 2021. The bill would also require the office to determine an estimate of the funding necessary to plan, test, implement, operate, and maintain the statewide system on an annual basis and to include the funding estimate in the report.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 911

Author:(Rodriguez)

As Amended Ver:August 30, 2019

Majority vote

SUMMARY:

Requires the Office of Emergency Services (OES) to complete a study to determine the feasibility of developing a statewide system that would enable all Californians to voluntarily provide vital health and safety information, with an encrypted connection, to be made available to all first responders in an emergency if a "911" call is placed.

The Senate Amendments:

Strikes the requirement for OES to develop a plan and timeline, and instead requires OES to conduct a study on the feasibility of developing a statewide system, as specified, and submit a report of the results to the Legislature and the State 911 Advisory Board by January 1, 2021.

COMMENTS:

9-1-1: The Warren-911 Emergency Assistance Act established California's 911 emergency telephone response system in 1973. California has one of the nation's largest 911 system with over 442 call center to handle its 911 calls. When the Warren-911 Act was enacted, 911 emergency calls were made primarily on landlines. A call would be routed to a public safety answering point (PSAP) and the dispatcher would dispatch emergency services to the location accordingly. When a 911 call is made from a mobile phone, the call is routed to an antenna on a cell tower. Calls are then queried until their location is determined by the California Highway Patrol and then transferred to a local dispatch center. This process can often lead to delays due to the inability to identify a caller's exact location in a timely manner.

Next Generation 911: Next Generation 911 is an Internet Protocol based two way communications system that will allow digital information, such as voice, photos, videos, and text messages, to flow between 911 callers and PSAPs. Next Generation 911 will build upon, and eventually replace, the existing 911 system and lay the groundwork for a new communications system for our first responders that has the capabilities to support advancing technologies and uses.

Smart 911 Systems: According to the author, a person with disability is more likely to interact with public safety personnel. Often times law enforcement officers arriving at the scene is tasked with de-escalating potentially dangerous situations. When such incidents involve a person with a disability, the challenges are amplified due potentially to an individual's inability to respond to commands. In recent years, cities have been experimenting with systems that would create a database of personal information that would be transmitted to first responders during an emergency. These smart 911 systems seek to create safety profiles of individuals in order to pass information to first responders in the field for a faster and more detailed response. The success of these systems have been unclear due to low enrollment and inconsistent adoption across regions.

According to the Author:

Law enforcement officers are often the emergency personnel arriving to a situation. One of their primary duties is to de-escalate the situation at hand. To effectively do that, officers must assess a person's behavior and response to commands. This can be challenging in scenarios where a person with a disability is involved, as officers could misinterpret an erratic gesture from a person with a disability as threating or non-compliant, and may result to use-of-force. In order for law enforcement to de-escalate situations to the best of their ability, and to reduce the risk of injury to disabled and elderly persons, we must provide officers with as much information as possible before they arrive on scene.

Arguments in Support:

According to UDW/AFSCME, a co-sponsor of the bill, "[OES] is currently tasked with transitioning from an analog 911 system to Next Generation 911, an upgraded digital system with location services and dynamic call routing. Although these are significant improvements to the current system, the state's 911 system should also be updated to meet the unique needs of persons with cognitive, intellectual, developmental, and/or mental health disabilities who may be unable to clearly communicate to first responders during emergencies. AB 911 would allow individuals to make available such personal information as the type of disability, signals of distress, calming strategies, special medical conditions, emergency contacts, and photographs, all in advance of an emergency. This will save precious time and assist first responders to make informed decisions about the best course of action."

Arguments in Opposition:

None on file.

FISCAL COMMENTS:

According to the Senate Appropriations Committee, this bill would have potentially significant costs for OES to conduct a feasibility study and compile a report.

VOTES:

ASM COMMUNICATIONS AND CONVEYANCE: 13-0-0

YES: Santiago, Obernolte, Boerner Horvath, Bonta, Brough, Cervantes, Ting, Holden, Kamlager-Dove, Low, Patterson, Quirk-Silva, Rodriguez

ASM GOVERNMENTAL ORGANIZATION: 18-0-3

YES: Gray, Bigelow, Aguiar-Curry, Berman, Bonta, Brough, Cooley, Daly, Gipson, Jones‑Sawyer, Lackey, Low, Mathis, Melendez, Quirk-Silva, Robert Rivas, Blanca Rubio, Salas

ABS, ABST OR NV: Cooper, Gallagher, Eduardo Garcia

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

ASSEMBLY FLOOR: 76-0-4

YES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Obernolte, Patterson, Petrie‑Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

ABS, ABST OR NV: Choi, Cooley, Eduardo Garcia, Gray

SENATE FLOOR: 39-0-1

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Wieckowski, Wiener, Wilk

ABS, ABST OR NV: Umberg

UPDATED:

VERSION: August 30, 2019

CONSULTANT: Edmond Cheung / C. & C. / (916) 319-2637 FN: 0001950

 THIRD READING  

Bill No: AB 911

Author: Rodriguez (D)

Amended: 8/30/19 in Senate

Vote: 21

SENATE GOVERNMENTAL ORG. COMMITTEE: 14-1, 6/25/19

AYES: Dodd, Wilk, Allen, Archuleta, Bradford, Chang, Galgiani, Glazer, Hill, Hueso, Jones, Portantino, Rubio, Wiener

NOES: Nielsen

NO VOTE RECORDED: Borgeas

SENATE ENERGY, U. & C. COMMITTEE: 11-0, 7/2/19

AYES: Hueso, Bradford, Dodd, Hertzberg, Hill, McGuire, Rubio, Skinner, Stern, Stone, Wiener

NO VOTE RECORDED: Moorlach, Chang

SENATE JUDICIARY COMMITTEE: 8-0, 7/9/19

AYES: Jackson, Durazo, Lena Gonzalez, Jones, Monning, Stern, Umberg, Wieckowski

NO VOTE RECORDED: Borgeas

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/30/19

AYES: Portantino, Bates, Bradford, Durazo, Hill, Jones, Wieckowski

ASSEMBLY FLOOR: 76-0, 5/24/19 - See last page for vote

SUBJECT: Office of Emergency Services: emergency information: study

SOURCES: AFSCME, AFL-CIO

The Arc and United Cerebral Palsy California Collaboration

UDW/AFSCME Local 3930

DIGEST:

This bill requires the Office of Emergency Services (OES) to complete a study, as specified, to determine the feasibility of developing a statewide system that would enable all Californians to voluntarily provide vital health and safety information to be made available to all first responders in an emergency if a 911 call is placed; and, provides that information submitted through the statewide system shall be confidential and is not a public record.

ANALYSIS:

Existing law:

1. Requires, pursuant to the Warren-911-Emergency Assistance Act (Warren-911 Act), every local public agency to have an emergency communication system, and; requires OES to coordinate the implementation of 911 systems and support local agencies in the operation and improvement of 911 systems, as specified.
2. Requires OES to develop a plan and timeline of target dates for the testing, implementation, and operations of a Next Generation (NG) 911 emergency communication system, including text to 911 service, throughout the state.
3. Establishes the State 911 Advisory Board, which advises OES on, among other things, policies, practices, and procedures for the California 911 Emergency Communications Office.
4. Governs the disclosure of information collected and maintained by public agencies pursuant to the California Public Records Act (CPRA).

This bill:

1. Requires OES, in consultation with any persons that the office determines are relevant experts and stakeholders, to complete a study to determine the feasibility of developing a statewide system that would enable all Californians to voluntarily provide vital health and safety information, with an encrypted connection, to be made available to all first responders in an emergency if a 911 call is placed.
2. Requires OES, in considering the feasibility of the statewide system, to consider, among other things, that information submitted through the system is confidential and no a public record; that the technology used requires the person submitting the information to confirm the accuracy of that information; and, in order to maximize efficiency and contain costs, that the statewide system incorporate shared infrastructure and elements of other public safety and emergency communication networks, as specified.
3. Requires OES to determine an estimate of the funding necessary to plan, test, implement, operate, and maintain the statewide system on an annual basis.
4. Requires OES to submit the results of the study in a report to the Legislature and the State 911 Advisory Board, and make that report available to the public, by January 1, 2021.
5. Declares that it is the intent of the Legislature, among other things, to explore the establishment of a statewide system under the management of OES, as specified.

Background

Warren-911-Emergency Assistance Act. The Warren-911 Act established California’s 911 emergency telephone response system in 1973. California has one of the nation’s largest 911 system with over 442 call centers to handle its 911 calls. The Warren-911 Act provided a single, primary three-digit emergency number through which emergency service could quickly and efficiently be obtained. California’s 911 system was built on an infrastructure of analog, circuit-switched network technology known as Public Safety Answering Points (PSAPs) which were designed mostly to support voice and limited data services.

The OES Public Safety Communication Division is tasked with administering the State’s 911 emergency system which includes reviewing local PSAP equipment and operation, and administration and oversight of the State Emergency Telephone Number Account (SETNA) used to fund 911 services in California.

Next Generation 911. As more California’s move away from landlines to more Internet Protocol (IP) based systems, such as wireless and Voice over Internet Protocol (VoIP), ensuring that the state’s emergency communications network capabilities can support this transition is critical to public safety. NG 911 is an IP-based two way communications system that will allow digital information, such as voice, photos, videos, and text messages, to flow between 911 callers and PSAPs. NG 911 will build upon, and eventually replace, the existing 911 system and lay the groundwork for a new communications system for our first responders that has the capabilities to support advancing technologies and uses. The transition to NG 911 will require significant planning, training and funding to upgrade the State’s PSAPs to an IP-based platform.

Smart 911 Systems. Law enforcement officers arriving at a scene are often tasked with de-escalating potentially dangerous situations. When such incidents involve a person with a disability, the challenges are amplified due to an individual’s inability to respond to commands. In recent years, cities have been experimenting with systems to create a database of personal information that would be transmitted to first responders during an emergency. These smart 911 systems seek to create safety profiles of individuals in order to pass information to first responders in the field for a faster and more detailed response. The success of these systems have been unclear due to low enrollment and inconsistent adoption across regions.

This bill requires OES, in consultation with any persons that OES determines are relevant experts and stakeholders, to complete a study to determine the feasibility of developing a statewide system that would enable all Californians, including older adults, individuals with disabilities, and other at-risk persons, to voluntarily provide vital health and safety information, with an encrypted connection, to be made available to all first responders in an emergency if a 911 call is placed.

Confidentiality and the California Public Records Act. The CPRA was enacted to balance the privacy rights of individuals and the right of the people to know about the conduct of public business. A public record is defined as any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. Certain records and information are prohibited from being disclosed pursuant to the CPRA, while other records are permissively exempt from disclosure.

In order to ensure that the public will feel confident that sensitive medical information they voluntarily provide to OES will be kept confidential, this bill requires OES, in considering the feasibility of the statewide system, to consider that information submitted is confidential and not a public record, therefore making that information no disclosable under the CPRA. The bill further provides that OES must consider that OES and any third-party contractor or agent that assists with or administers the statewide system is prohibited from disclosing or otherwise communicating any information it receives from any person orally, in writing, or by electronic or any other means to a third party except to inform law enforcement, fire department, and emergency medical service personnel at the scene of an emergency.

Related/Prior Legislation

SB 96 (Committee on Budget and Fiscal Review, Chapter 54, Statutes of 2019) among other things, authorized the amounts deposited into the SETNA, upon appropriation by the Legislature, to be spent on 911 systems, which include, but are not limited to, NG 911, and the subsequent technologies, and interfaces needed to deliver 911 voice and data information from the 911 caller to the emergency responder.

AB 1168 (Mullin, 2019) requires each PSAP to deploy text to 911 services by January 1, 2021, as specified. (Pending on the Governor’s desk)

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, potentially significant costs for OES to conduct a feasibility study and compile a report.

SUPPORT: (Verified 8/30/19)

AFSCME, AFL-CIO (co-source)

The Arc and United Cerebral Palsy California Collaboration (co-source)

UDW/AFSCME Local 3930 (co-source)

California Association of Public Authorities for IHSS

California Fire Chiefs Association

California In-Home Supportive Services Consumer Alliance

California State Retirees

City of Thousand Oaks

City of Ventura

Community Emergency Response Volunteers of the Monterey Peninsula

Congress of California Seniors

Disability Rights California

Fire Districts Association of California

Multipurpose Senior Services Program Site Association

Several Individuals

OPPOSITION: (Verified 8/30/19)

None received

ARGUMENTS IN SUPPORT: According to the sponsors of the bill, “California has almost 8 million people who are either elderly and/or immobile; or, have intellectual, developmental or health disabilities. It is important that we include and consider this population in the upgraded emergency response system because this group is expected to grow significantly in the next decade. This population has unique needs and it is essential for first responders to have this type of basic information when they enter a crisis situation in order to respond safely and adequately. AB 911 will establish a Smart 911-type system, to enable individuals to voluntarily provide personal health information, available to first responders.”

ASSEMBLY FLOOR: 76-0, 5/24/19

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Choi, Cooley, Eduardo Garcia, Gray

Prepared by: Brian Duke / G.O. / (916) 651-1530

9/3/19 8:55:27

**** END ****

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

AB 911 (Rodriguez) - Office of Emergency Services: emergency information system

Bill Summary:

AB 911 would require the Office of Emergency Services (Cal OES) to develop a plan and timeline of target dates for the testing, implementation, and operation of a statewide system that would enable all Californians to voluntarily provide vital health and safety information to be made available to all first responders in an emergency if a 911 call is placed, as provided. The bill would also provide that information submitted through the statewide system be confidential and not a public record.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 30, 2019

Fiscal Impact:

• Potentially significant costs for Cal OES to conduct a feasibility study and compile a report.

Author Amendments:

• Strike the requirement for Cal OES to develop a plan and timeline.
• Require Cal OES to conduct a study on the feasibility of developing a statewide system and submit a report of the results to the Legislature and the State 911 Advisory Board by January 1, 2021.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

AB 911 (Rodriguez) - Office of Emergency Services: emergency information system

Bill Summary:

AB 911 would require the Office of Emergency Services (Cal OES) to develop a plan and timeline of target dates for the testing, implementation, and operation of a statewide system that would enable all Californians to voluntarily provide vital health and safety information to be made available to all first responders in an emergency if a 911 call is placed, as provided. The bill would also provide that information submitted through the statewide system be confidential and not a public record.

Fiscal Impact:

• Minor costs for the Public Safety and Communications Division of Cal OES to plan, develop, create testing and implementation timelines, and estimate the funding necessary for the system.
• Significant cost pressure likely in the tens of millions of dollars annually for Cal OES to manage the system integration with Next Generation 911 and Call Processing Equipment, to manage the day-to-day deployment and implementation of the statewide system, and for software resources. (GF)

Background:

The Warren-911 Act established California’s 911 emergency telephone response system in 1973. California has one of the nation’s largest 911 systems with over 442 call centers to handle its 911 calls. California’s 911 system was built on an infrastructure of analog, circuit-switched network technology known as Public Safety Answering Points (PSAPs) which were designed mostly to support voice and limited data services. The OES Public Safety Communication Division is tasked with administering the State’s 911 emergency system which includes reviewing local PSAP equipment and operation, and administration and oversight of the State Emergency Telephone Number Account (SETNA) used to fund 911 services in California.

Next Generation (NG) 911 is an IP-based two way communications system that will allow digital information, such as voice, photos, videos, and text messages, to flow between 911 callers and PSAPs. NG 911 will build upon, and eventually replace, the existing 911 system and lay the groundwork for a new communications system for our first responders that has the capabilities to support advancing technologies and uses. Existing law requires Cal OES to develop a plan and timeline of target dates for the testing, implementation, and operations of a NG 911 emergency communication system, including text to 911 service, throughout the state.

In recent years, cities have been experimenting with systems to create a database of personal information that would be transmitted to first responders during an emergency. These “Smart 911” systems seek to create safety profiles of individuals in order to pass information to first responders in the field for a faster and more detailed response. When an individual calls 9-1-1, their Smart911 Safety Profile displays on the 9-1-1 dispatcher’s screen displaying the person’s addresses, medical information, home information, description of pets and vehicles, and emergency contacts. Smart911 is a national service and an individual’s profile is visible to any participating 9-1-1 center nationwide. Kern County and the City of Elk Grove currently utilize Smart911.

Proposed Law:

This bill would establish the Manny Alert Act requiring Cal OES to develop a plan and timeline of target dates for the testing, implementation, and operation of a statewide emergency information system. Specifically, this bill would:

• Require Cal OES, to consult with relevant experts and stakeholders, in developing the plan and timeline of a statewide system that would enable all Californians, to voluntarily provide vital health and safety information, with an encrypted connection, to be made available to all first responders in an emergency if a “911” call is placed;
• Require information submitted through the statewide system to be confidential and not a public record;
• Require Cal OES to ensure verification of the identity of the person submitting information through the statewide system and the accuracy of the information submitted;
• Require Cal OES to determine an estimate of the funding necessary to plan, test, implement, operate, and maintain the statewide system on an annual basis and include the funding estimate in their report to the Legislature;
• Require the statewide system, if Cal OES determines it is consistent with public safety and is technologically feasible, to incorporate shared infrastructure and elements of other public safety and emergency communication networks;
• Require Cal OES, by January 1, 2021, to submit the plan and timeline of target dates in a report to the Legislature and the State 911 Advisory Board and make that report available to the public.

Related Legislation:

SB 96 (Committee on Budget and Fiscal Review, Chapter 54, Statutes of 2019) among other things, authorizes the amounts deposited into the SETNA, upon appropriation by the Legislature, to be spent on 911 systems, which include, but are not limited to, NG 911, and the subsequent technologies, and interfaces needed to deliver 911 voice and data information from the 911 caller to the emergency responder.

AB 1168 (Mullin, 2019) would require each PSAP to deploy text to 911 services by January 1, 2021, as specified. The measure is pending on the Senate Floor.

AB 437 (Rodriguez, 2017) would have required the Attorney General to establish and maintain the Voluntary Online At-Risk Community Network, which would provide information to first responders to prevent harmful interactions between seniors and persons with disabilities. The measure was held in the Assembly Appropriations Committee.

SB 1211 (Padilla, Chapter 926, Statutes of 2014) required Cal OES to develop a plan and timeline of target dates for testing, implementing, and operating the NG 911 emergency communication system, including text to 911 service, throughout California, as specified.

-- END --

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2019-2020 Regular Session

Bill No: AB 911 (Author:Rodriguez)

Version: May 17, 2019

Hearing Date: July 9, 2019

Fiscal: Yes

Urgency: No

Consultant: AM

SUBJECT

Office of Emergency Services: emergency information system

DIGEST

This bill requires the Office of Emergency Services (OES) to develop a plan and timeline of target dates for the testing, implementation, and operation of a statewide system that would enable all Californians to voluntarily provide vital health and safety information to be made available to all first responders in an emergency if a 911 call is placed, as provided. The bill provides that information submitted through the statewide system shall be confidential and is not a public record.

EXECUTIVE SUMMARY

In order to ensure that first responders are equipped with important information before arriving on the scene of an emergency 911 call, the bill requires OES to develop a plan and timeline of target dates for the testing, implementation, and operation of a statewide system that would enable all Californians, including older adults, individuals with disabilities, and other at-risk persons, to voluntarily provide vital health and safety information to be made available to all first responders in an emergency if a 911 call is placed. The bill makes the information confidential and not a public record, and therefore not subject to disclosure under the California Public Records Act (CPRA).

The bill is sponsored by AFSCME, AFL-CIO, The Arc and United Cerebral Palsy California Collaboration, and UDW/AFSCME Local 3930. The bill is supported by various organizations representing seniors, persons with disabilities, retirees, in home support service provides, fire chiefs and districts, and is supported by the Cities of Thousand Oaks and Ventura. There is no known opposition. The bill passed Senate Governmental Organization Committee on a vote of 14-1, and passed the Senate Energy, Utilities and Communications Committee on a vote of 11-0.

PROPOSED CHANGES TO THE LAW

Existing law:

1. Establishes OES, within the Office of the Governor, and requires the office to be responsible for the State’s emergency and disaster response services for natural, technological, or manmade disasters and emergencies, as specified. (Gov. Code §§ 8550 et. seq.)
2. Requires OES to develop a plan and timeline of target dates for the testing, implementation, and operations of a Next Generation 911 emergency communication system, including text to 911 service, throughout the state. (Gov. Code § 53121.)
3. Provides, pursuant to the California Constitution, that the people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies are required to be open to public scrutiny. (Cal. Const. art. I, § 3(b)(1).)
   1. Requires a statute to be broadly construed if it furthers the people’s right of access, and narrowly construed if it limits the right of access. (Cal. Const. art. I, §3(b)(1).)
   2. Requires a statute that limits the public’s right of access to be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. (Cal. Const. art. I, §3(b)(1).)
4. Governs the disclosure of information collected and maintained by public agencies pursuant to the CPRA. (Gov. Code §§ 6250 et seq.)
   1. Provides that all public records are accessible to the public upon request, unless the record requested is exempt from public disclosure. (Gov. Code § 6253.)
   2. Defines “public records” as any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. (Gov. Code § 6252(e).)
   3. Defines “public agency” as any state or local agency. (Gov. Code § 6252(d).)

This bill:

1. Requires OES to develop a plan and timeline of target dates for the testing, implementation, and operation of a statewide system that is consistent with the requirements of this article that would enable all Californians, including older adults, individuals with disabilities, and other at-risk persons, to voluntarily provide vital health and safety information to be made available to all first responders in an emergency if a 911 call is placed, as provided.
2. Provides that information submitted through the statewide system shall be confidential and is not a public record.
3. Prohibits the OES and any third-party contractor or agent that assists with or administers the statewide system from disclosing or otherwise communicating any or all information it receives from any person under these provisions orally, in writing, or by electronic or any other means to a third party except to inform law enforcement, fire department, and emergency medical service personnel at the scene of an emergency.
4. Requires OES to ensure verification of the identity of the person submitting information through the statewide system described and the accuracy of the information submitted.
5. Requires OES to submit the plan and timeline of target dates to the Legislature and the State 911 Advisory Board and to make that report available to the public.
6. Finds and declares that protecting the personal information of people who may use the statewide emergency system implemented by the bill outweighs the public interest in having access to this information.

COMMENTS

1. Stated need for the bill

The author writes:

Law enforcement officers are often the emergency personnel arriving to a situation. One of their primary duties is to de-escalate the situation at hand. To effectively do that, officers must assess a person’s behavior and response to commands. This can be challenging in scenarios where a person with a disability is involved, as officers could misinterpret an erratic gesture from a person with a disability as threating or non-compliant, and may result to use-of-force. In order for law enforcement to de-escalate situations to the best of their ability, and to reduce the risk of injury to disabled and elderly persons, we must provide officers with as much information as possible before they arrive on scene.

2. Confidentiality and the CPRA

The CPRA was enacted to balance the privacy rights of individuals and the right of the people to know about the conduct of public business.^[1] A public record is defined as any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. (Gov. Code § 6252(e).) Certain records and information are prohibited from being disclosed pursuant to the CPRA,^[2] while other records are permissively exempt from disclosure. There are several general categories of documents or information that are permissively exempt from disclosure under the CPRA, essentially due to the character of the information. The exempt information can be withheld by the public agency with custody of the information, but it also may be disclosed if it is shown that the public’s interest in disclosure outweighs the public’s interest in non-disclosure of the information.^[3] (Gov. Code § 6254.) The California Constitution requires a statute to be broadly construed if it furthers the people’s right of access, and narrowly construed if it limits the right of access, and requires a statute that limits the public’s right of access to be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. (Cal. Const. art. I, § 3(b)(1).)

In order to ensure that the public will feel confident that sensitive medical information they voluntarily provide to OES will be kept confidential, this bill makes that information confidential and provides that it is not a public record, which therefore means it would not be disclosable under the CPRA. The bill further provides that OES and any third-party contractor or agent that assists with or administers the statewide system is prohibited from disclosing or otherwise communicating any information it receives from any person orally, in writing, or by electronic or any other means to a third party except to inform law enforcement, fire department, and emergency medical service personnel at the scene of an emergency. The bill finds and declares that protecting the personal information of people who may use the statewide emergency system implemented by the bill outweighs the public interest in having access to this information.

3. Proposed amendments

Though not in opposition of the bill, the ACLU raised concerns about the bill. Specifically, the ACLU is concerned there is no encryption required for the data and that bill would give individuals the option of reporting race and ethnicity information for inclusion in the database of vital health and safety information. To address these concerns, the author has proposed to amend the bill as follows:

Amendment 1

On page 3, in line 21, strike out “(1)”

Amendment 2

On page 3, in line 28, strike out “information” and insert:

Information, with an encrypted connection,

Amendment 3

On page 3, strike out lines 30 to 36, inclusive

4. Statements in support

The sponsors of the bill write:

California has almost 8 million people who are either elderly and/or immobile; or, have intellectual, developmental or health disabilities. It is important that we include and consider this population in the upgraded emergency response system because this group is expected to grow significantly in the next decade. This population has unique needs and it is essential for first responders to have this type of basic information when they enter a crisis situation in order to respond safely and adequately. AB 911 will establish a Smart 911-type system, to enable individuals to voluntarily provide personal health information, available to first responders.

SUPPORT

AFSCME, AFL-CIO (co-sponsor)

The Arc and United Cerebral Palsy California Collaboration (co-sponsor)

UDW/AFSCME Local 3930 (so-sponsor)

California Association of Public Authorities for IHSS

California Fire Chiefs Association

California State Retirees

City of Thousand Oaks

City of Ventura

Congress of California Seniors

Disability Rights California

Fire Districts Association of California

Multipurpose Senior Services Program Site Association

OPPOSITION

None known

RELATED LEGISLATION

Pending Legislation:

SB 46 (Jackson, 2019) among other things would Authorize local governments to enter into an agreement with a social services department, or may use the records of its own, to access the contact information of persons from the access and functional needs population and their respective emergency contacts for the sole purpose of enrolling those individuals in a city-operated, county-operated, or city-and-county-operated public emergency warning system. The bill was held in the Senate appropriations committee.

SB 96 (Committee on Budget and Fiscal Review, 2019) among other things, authorizes the amounts deposited into the State Emergency Telephone Number Account, upon appropriation by the Legislature, to be spent on 911 systems, which include, but are not limited to, Next Generation 911, and the subsequent technologies, and interfaces needed to deliver 911 voice and data information from the 911 caller to the emergency responder. The bill is pending on the Senate Floor.

AB 1168 (Mullin, 2019) requires each Public Safety Answering Points to deploy text to 911 services by January 1, 2021, as specified. The bill is pending in the Senate Appropriations Committee.

Prior Legislation:

AB 437 (Rodriguez, 2017) would have required the Attorney General to establish and maintain the Voluntary Online At-Risk Community Network, which would provide information to first responders to prevent harmful interactions between seniors and persons with disabilities. The bill was held in the Assembly Appropriations Committee.

SB 1211 (Padilla, Ch. 926, Stats. 2014) required OES to develop a plan and timeline of target dates for testing, implementing, and operating the Next Generation 911 emergency communication system, including text to 911 service, throughout California, as specified.

PRIOR VOTES:

Senate Energy, Utilities and Communications Com (Ayes 11, Noes 0)

Senate Governmental Organization Committee (Ayes 14, Noes 1)

Assembly Floor (Ayes 76, Noes 0)

Assembly Appropriations Committee (Ayes 18, Noes 0)

Assembly Governmental Organization Committee (Ayes 18, Noes 0)

Assembly Communications and Conveyance Committee (Ayes 13, Noes 0)

**************

1. N.Y. Times v. Superior Court (1990) 218 Cal. App. 3d 1579, at 1584. ↑

2. See e.g. § 8592.45 of the Government Code: “any public records relating to any communication made pursuant to, or in furtherance of the purposes of, subdivision (c) of Section 8592.40 are confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1).” ↑

3. CBS, Inc. v. Block (1986) 42 Cal.3d 646, at 652 (hereafter CBS) (“Two exceptions to the general policy of disclosure are set forth in the [CPRA]. Section 6254 lists 19 categories of disclosure-exempt material. These exemptions are permissive, not mandatory. The [CPRA] endows the agency with discretionary authority to override the statutory exceptions when a dominating public interest favors disclosure.). ↑

SENATE COMMITTEE ON ENERGY, UTILITIES AND COMMUNICATIONS

Senator Ben Hueso, Chair

2019 - 2020 Regular

Bill No: AB 911 Hearing Date: 7/2/2019

SUBJECT: Office of Emergency Services: emergency information system

DIGEST: This bill requires the Office of Emergency Services (OES) to develop a testing and implementation plan and timeline for a statewide system that would allow Californians to voluntarily provide health and safety information that would be provided to first responders in the event of a 911 call.

ANALYSIS:

Existing law:

1. Establishes California’s 911 telecommunications service, requires every local public agency operating firefighting, police, ambulance, medical, or other emergency services to establish and operate a 911 service, and requires OES to coordinate the implementation of 911 systems and support local agencies in the operation and improvement of 911 systems. (Government Code §53100 et. seq./ Warren 911 Emergency Assistance Act)
2. Requires OES to develop a plan and timeline for the testing, implementation and operation of a Next Generation 911 (NG 911) emergency communication system, including text to 911 service, throughout California. (Government Code §53121)

This bill:

1. Requires OES to consult with stakeholder to develop a testing and implementation plan and timeline for a statewide system that would enable all Californians to voluntarily provide vital health and safety information, which would be made available to first responders in the event that a 911 call is placed.
2. Specifies that the voluntarily reported vital health and safety information may include the following:
   1. Types of disabilities and existing medical conditions, signs of distress, and other critical conditions.
   2. Emergency contact and family member information.
   3. Race or ethnicity of the individual.
   4. Primary language spoken by the individual.
3. Specifies that the information collected by OES is confidential and not a public record. OES and any third party contractor administering the system is prohibited from disclosing or communicating any of the information collected for the system, except to inform law enforcement, fire department or emergency medical personnel at the scene of an emergency.
4. Requires OES to verify the identity of the person submitting the information and the accuracy of the information.

Background

The 911 system. Under existing law, OES is the state agency primarily responsible for policies governing the state’s 911 system. However, California’s 911 system is also comprised of many local government agencies that operate over 440 public safety answering points (PSAPs) that relay 911 calls to the appropriate first response agencies. When a call is routed, some information may be verified against a directory and relayed with the call. For example, a 911 call from a landline telephone generally includes the address at which the landline phone is registered because the address is included in a database that is automatically searched when the call is transferred to the PSAP.

This bill requires to OES to develop a timeline and plan for implementing a database capable of allowing Californians to voluntarily provide vital health and safety information. Voluntarily reported information may include information about specific health conditions and physical limitation that may provide first responders with greater specificity about the caller’s needs. This bill does not specify that PSAPs will automatically search this database, and the ability to automatically include vital health and safety information will partly depend on whether that information is linked to the phone number from which the call is placed.

OES’s 911 authority. This bill adds provisions to sections of the Government Code that are not within the Warren 911 Act. As a result, OES may have more limited authority to enforce the requirements of this bill to the extent that its implementation is related to Voice over Internet Protocol (VoIP) or IP-based telecommunications. Existing law (Public Utilities Code §710) limits government agencies’ ability to establish requirements for VoIP and IP-based services. While existing law exempts the Warren 911 Act from these limitations, it does not exempt all 911 services. Any 911 services established outside the Warren 911 Act are not clearly exempt from prohibitions on state requirements. As currently written, this bill would require OES to develop a plan and timeline for a database, which may not be pre-empted by limitations on setting requirements for VoIP and IP-based services.

Demographic information. As currently written, this bill would give individuals the option of reporting race and ethnicity information for inclusion in the database of vital health and safety information. When a 911 call is placed, dispatchers may ask for descriptive information about the subject of a call. However, it is not clear how this information will be used when relayed to first responders. While the American Civil Liberties Union (ACLU) is not opposed to this bill, it has expressed concern about the voluntary inclusion of race and ethnicity information in the database because it is unclear how the information can be considered vital health and safety information needed to inform emergency response in the event of a 911 call.

Triple referral. This bill passed out of the Senate Committee on Governmental Organization June 25^th on a vote of 14-1. Should this bill be approve by this committee, it will be re-referred to the Senate Committee on Judiciary for their consideration.

Prior/Related Legislation

AB 1169 (Mullin, 2019) would require implementation of a text to 911 service that supports Short Message Service and Real Time Text messages by January 1, 2021. The bill is pending in the Senate Committee on Appropriations.

AB 1121 (Padilla, Chapter 926, Statutes of 2014) required OES to develop a plan and timeline to test and implement a NG 911 system.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT:

AFSCME, AFL-CIO (Co-Sponsor)

The Arc and United Cerebral Palsy California Collaboration (Co-Sponsor)

UDW/AFSCME Local 3930 (Co-Sponsor)

California Association of Public Authorities for IHSS

California Fire Chiefs Association

California In-Home Supportive Services Consumer Alliance

California State Retirees

City of Thousand Oaks

City of Ventura

Congress of California Seniors

Disability Rights California

Fire Districts Association of California

Multipurpose Senior Services Program Site Association

OPPOSITION:

None received

ARGUMENTS IN SUPPORT: According to the author:

Law enforcement officers are often the emergency personnel arriving to a situation. One of their primary duties is to de-escalate the situation at hand. To effectively do that, officers must assess a person’s behavior and response to commands. This can be challenging in scenarios where a person with a disability is involved, as officers could misinterpret an erratic gesture from a person with a disability as threating or non-compliant, and may result to use-of-force. In order for law enforcement to de-escalate situations to the best of their ability, and to reduce the risk of injury to disabled and elderly persons, we must provide officers with as much information as possible before they arrive on scene.

-- END --

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Bill Dodd

Chair

2019 - 2020 Regular

Bill No: 911 Hearing Date: 6/25/2019

SUBJECT: Office of Emergency Services: emergency information system

DIGEST: This bill requires the Office of Emergency Services (OES), in consultation with relevant experts and stakeholders, to develop a plan and timeline of target dates for the testing, implementation, and operation of a statewide system that would enable all Californians to voluntarily provide vital health and safety information to be made available to first responders in an emergency if a 911 call is placed, as specified.

ANALYSIS:

Existing law:

1. Establishes OES, within the office of the Governor, and requires the office to be responsible for the State’s emergency and disaster response services for natural, technological, or manmade disasters and emergencies, as specified.
2. The Warren-911-Emergency Assistance Act (Warren-911 Act) requires every local public agency to have an emergency communication system, as specified.
3. Requires OES to develop a plan and timeline of target dates for the testing, implementation, and operations of a Next Generation (NG) 911 emergency communication system, including text to 911 service, throughout the state.
4. Establishes the State 911 Advisory Board, which advises OES on, among other things, policies, practices, and procedures for the California 911 Emergency Communications Office.
5. Requires that any report required or requested by law to be submitted by a state or local agency to the Members of either house of the Legislature to be submitted as a printed copy to the Secretary of the Senate, as an electronic copy to the Chief Clerk of the Assembly, and as an electronic or printed copy to the Legislative Counsel.

This bill:

1. Requires OES, in consultation with any persons that the office determines are relevant experts and stakeholders, to develop a plan and timeline of target dates for the testing, implementation, and operation of a statewide system that would enable all Californians to voluntarily provide vital health and safety information to be made available to all first responders in an emergency if a 911 call is placed, as specified.
2. Specifies that the vital health and safety information provided may include, but not be limited to, all of the following:
   1. Types of disabilities and existing medical conditions, signals of distress, and other critical conditions.
   2. Emergency contact and family member information.
   3. Race or ethnicity of the individual.
   4. Primary language spoken by the individual.
3. Requires the information submitted through the statewide system to be confidential, and provides that it is not a public record.
4. Prohibits OES or any third-party contractor that assists with or administers the statewide system from disclosing or otherwise communicating any or all information it receives from any person for the purposes of the statewide system, except to inform law enforcement, fire departments, and emergency medical service personnel at the scene of an emergency.
5. Requires OES to ensure verification of the identity of the person submitting information through the statewide system and the accuracy of the information submitted.
6. Requires OES to determine an estimate of the funding necessary to plan, test, implement, operate, and maintain the statewide system on an annual basis.
7. Requires that the statewide system incorporate, if OES determines it is consistent with public safety and technologically feasible, shared infrastructure and elements of other public safety and emergency communication networks, as specified.
8. Requires OES to submit the plan and timeline of target dates in a report to the Legislature and the State 911 Advisory Board by January 1, 2021, as specified.
9. Provides that it is the intent of the Legislature to establish a statewide system that would enable all Californians, including older adults, individuals with disabilities, and other at-risk persons, to voluntarily provide vital health and safety information to inform law enforcement, fire departments, and emergency medical service personnel, with crucial information necessary for interacting with all Californians.

Background

Purpose of the bill. According to the author’s office, “law enforcement officers are often the emergency personnel arriving to a situation. One of their primary duties is to de-escalate the situation at hand. To effectively do that, officers must assess a person’s behavior and response to commands. This can be challenging in scenarios where a person with a disability is involved, as officers could misinterpret an erratic gesture from a person with a disability as threating or non-compliant, and may result to use-of-force. In order for law enforcement to de-escalate situations to the best of their ability, and to reduce the risk of injury to disabled and elderly persons, we must provide officers with as much information as possible before they arrive on scene.”

Warren-911-Emergency Assistance Act. The Warren-911 Act established California’s 911 emergency telephone response system in 1973. California has one of the nation’s largest 911 system with over 442 call centers to handle its 911 calls. The Warren-911 Act provided a single, primary three-digit emergency number through which emergency service could quickly and efficiently be obtained. California’s 911 system was built on an infrastructure of analog, circuit-switched network technology known as Public Safety Answering Points (PSAPs) which were designed mostly to support voice and limited data services.

The OES Public Safety Communication Division is tasked with administering the State’s 911 emergency system which includes reviewing local PSAP equipment and operation, and administration and oversight of the State Emergency Telephone Number Account (SETNA) used to fund 911 services in California.

Next Generation 911. As more California’s move away from landlines to more Internet Protocol (IP) based systems, such as wireless and Voice over Internet Protocol (VoIP), ensuring that the state’s emergency communications network capabilities can support this transition is critical to public safety. NG 911 is an IP-based two way communications system that will allow digital information, such as voice, photos, videos, and text messages, to flow between 911 callers and PSAPs. NG 911 will build upon, and eventually replace, the existing 911 system and lay the groundwork for a new communications system for our first responders that has the capabilities to support advancing technologies and uses. The transition to NG 911 will require significant planning, training and funding to upgrade the State’s PSAPs to an IP-based platform.

Smart 911 Systems. According to the author’s office, a person with a disability is more likely to interact with public safety personnel. Law enforcement officers arriving at a scene are often tasked with de-escalating potentially dangerous situations. When such incidents involve a person with a disability, the challenges are amplified due to an individual’s inability to respond to commands. In recent years, cities have been experimenting with systems to create a database of personal information that would be transmitted to first responders during an emergency. These smart 911 systems seek to create safety profiles of individuals in order to pass information to first responders in the field for a faster and more detailed response. The success of these systems have been unclear due to low enrollment and inconsistent adoption across regions.

This bill requires OES to establish a system that would allow individuals to voluntarily share information about themselves which would be transmitted to first responders during an emergency. Supporters believe that creating a system in which individuals can provide information to first responders ahead of time would better help first responders prepare for a situation before they arrive to the scene. This could have a potentially lifesaving impact on many individuals especially among those in the senior or disabled communities.

Creating such a new system would require significant funding, training, equipment, and oversight to ensure that the system would provide accurate and updated information, while also ensuring that the personal information submitted to the system are protected and kept private and confidential. In addition, such a system would be dependent on OES’ ability to fund and implement a new IP-based system, such as NG 911, in order to have the infrastructure and network capabilities to allow for the transfer of such data over the network to first responders.

Prior/Related Legislation

SB 96 (Committee on Budget and Fiscal Review, 2019) among other things, authorizes the amounts deposited into the SETNA, upon appropriation by the Legislature, to be spent on 911 systems, which include, but are not limited to, NG 911, and the subsequent technologies, and interfaces needed to deliver 911 voice and data information from the 911 caller to the emergency responder. (Pending on the Senate Floor)

AB 1168 (Mullin, 2019) requires each PSAP to deploy text to 911 services by January 1, 2021, as specified. (Pending in the Senate Governmental Organization Committee)

AB 437 (Rodriguez, 2017) would have required the Attorney General to establish and maintain the Voluntary Online At-Risk Community Network, which would provide information to first responders to prevent harmful interactions between seniors and persons with disabilities. (Held in Assembly Appropriations Committee)

SB 1211 (Padilla, Chapter 926, Statutes of 2014) required OES to develop a plan and timeline of target dates for testing, implementing, and operating the NG 911 emergency communication system, including text to 911 service, throughout California, as specified.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT:

AFSCME, AFL-CIO (Co-Sponsor)

The Arc and United Cerebral Palsy California Collaboration (Co-Sponsor)

UDW/AFSCME Local 3930 (Co-Sponsor)

California Association of Public Authorities for IHSS

California Fire Chiefs Association

California In-Home Supportive Services Consumer Alliance

California State Retirees

City of Thousand Oaks

City of Ventura

Community Emergency Response Volunteers of the Monterey Peninsula

Congress of California Seniors

Disability Rights California

Fire Districts Association of California

Multipurpose Senior Services Program Site Association

Several Individuals

OPPOSITION:

None received

ARGUMENTS IN SUPPORT: According to the sponsors of the bill, “California has almost 8 million people who are either elderly and/or immobile; or, have intellectual, developmental or health disabilities. It is important that we include and consider this population in the upgraded emergency response system because this group is expected to grow significantly in the next decade. This population has unique needs and it is essential for first responders to have this type of basic information when they enter a crisis situation in order to respond safely and adequately. AB 911 will establish a Smart 911-type system, to enable individuals to voluntarily provide personal health information, available to first responders.”

TRIPLE REFERRAL: Senate Governmental Organization Committee, Senate Energy, Utilities & Communications Committee and Senate Judiciary Committee

ASSEMBLY THIRD READING

ATR Bill Id:AB 911

Author:(Rodriguez)

As Amended Ver:May 17, 2019

Majority vote

SUMMARY:

Requires the Governor's Office of Emergency Services (Cal OES) to establish a statewide system that would enable all Californians to voluntarily provide vital health and safety information to be made available to all first responders in an emergency if a "911" call is placed. Specifies that vital health and safety information may include the following and to be confidential and not a public record: a) types of disabilities and existing medical conditions, signals of distress, and other critical conditions; b) emergency contact and family member information; c) race or ethnicity of the individual; and d) primary language spoken by the individual.

COMMENTS:

9-1-1: The Warren-911 Emergency Assistance Act established California's 911 emergency telephone response system in 1973. California has one of the nation's largest 911 system with over 442 call center to handle its 911 calls. When the Warren-911 Act was enacted, 911 emergency calls were made primarily on landlines. A call would be routed to a public safety answering point (PSAP) and the dispatcher would dispatch emergency services to the location accordingly. When a 911 call is made from a mobile phone, the call is routed to an antenna on a cell tower. Calls are then queried until their location is determined by the California Highway Patrol and then transferred to a local dispatch center. This process can often lead to delays due to the inability to identify a caller's exact location in a timely manner.

Next Generation 911: Next Generation 911 is an Internet Protocol based two way communications system that will allow digital information, such as voice, photos, videos, and text messages, to flow between 911 callers and PSAPs. Next Generation 911 will build upon, and eventually replace, the existing 911 system and lay the groundwork for a new communications system for our first responders that has the capabilities to support advancing technologies and uses.

Smart 911 Systems: According to the author, a person with disability is more likely to interact with public safety personnel. Often times law enforcement officers arriving at the scene is tasked with de-escalating potentially dangerous situations. When such incidents involve a person with a disability, the challenges are amplified due potentially to an individual's inability to respond to commands. In recent years, cities have been experimenting with systems that would create a database of personal information that would be transmitted to first responders during an emergency. These smart 911 systems seek to create safety profiles of individuals in order to pass information to first responders in the field for a faster and more detailed response. The success of these systems have been unclear due to low enrollment and inconsistent adoption across regions.

According to the Author:

Law enforcement officers are often the emergency personnel arriving to a situation. One of their primary duties is to de-escalate the situation at hand. To effectively do that, officers must assess a person's behavior and response to commands. This can be challenging in scenarios where a person with a disability is involved, as officers could misinterpret an erratic gesture from a person with a disability as threating or non-compliant, and may result to use-of-force. In order for law enforcement to de-escalate situations to the best of their ability, and to reduce the risk of injury to disabled and elderly persons, we must provide officers with as much information as possible before they arrive on scene.

Arguments in Support:

According to UDW/AFSCME, a co-sponsor of the bill, "Cal OES is currently tasked with transitioning from an analog 911 system to Next Generation 911, an upgraded digital system with location services and dynamic call routing. Although these are significant improvements to the current system, the state's 911 system should also be updated to meet the unique needs of persons with cognitive, intellectual, developmental, and/or mental health disabilities who may be unable to clearly communicate to first responders during emergencies. AB 911 would allow individuals to make available such personal information as the type of disability, signals of distress, calming strategies, special medical conditions, emergency contacts, and photographs, all in advance of an emergency. This will save precious time and assist first responders to make informed decisions about the best course of action."

Arguments in Opposition:

None on file.

FISCAL COMMENTS:

According to the Assembly Appropriations Committee, exact costs are unknown.  However, development of the plan will likely entail hundreds of thousands of dollars, one-time, for Cal OES.

VOTES:

ASM COMMUNICATIONS AND CONVEYANCE: 13-0-0

YES: Santiago, Obernolte, Boerner Horvath, Bonta, Brough, Cervantes, Ting, Holden, Kamlager-Dove, Low, Patterson, Quirk-Silva, Rodriguez

ASM GOVERNMENTAL ORGANIZATION: 18-0-3

YES: Gray, Bigelow, Aguiar-Curry, Berman, Bonta, Brough, Cooley, Daly, Gipson, Jones-Sawyer, Lackey, Low, Mathis, Melendez, Quirk-Silva, Robert Rivas, Blanca Rubio, Salas

ABS, ABST OR NV: Cooper, Gallagher, Eduardo Garcia

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

UPDATED:

VERSION: May 17, 2019

CONSULTANT: Edmond Cheung / C. & C. / (916) 319-2637 FN: 0000947

Date of Hearing: May 8, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 911

Author:(Rodriguez) – As Amended Ver:April 29, 2019

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill seeks to enact the Manny Alert Act to establish a statewide system administered by the Office of Emergency Services (OES) through which Californians may provide vital health and safety information for use by first responders during an emergency.

The bill defines the vital health and safety information to include the following and to be confidential and not a public record: (a) types of disabilities and existing medical conditions, signals of distress and other critical conditions; (b) emergency contact and family member information; (c) race or ethnicity; and (d) primary language spoken.

The bill requires OES to:

1. Work in consultation with any experts and stakeholders it deems relevant, develop a plan and a timeline of target dates for the testing, implementation and operation of a statewide system to allow all Californians to voluntary provide vital health and safety information to be made available to all first responders in an emergency if a 911 call is made.
2. Ensure verification of the identity of the person submitting the information and its accuracy.
3. Estimate of the funding necessary to plan, test, implement, operate and maintain the statewide system.
4. Submit the plan and timeline, by January 1, 2021, to the Legislature and the State 911 Advisory Board and make it available to the public.
5. Implement the statewide system by January 1, 2023, contingent upon an appropriation or availability of necessary funding.

FISCAL EFFECT:

Exact costs are unknown. However, development of the plan will likely entail hundreds of thousands of dollars, one-time, for OES. Costs to implement the plan, and determination of to whom those costs will fall, will depend on the details of the plan, but they will likely be substantial, well in excess of $150,000 to OES.

COMMENTS:

1. Purpose. According to the author:

Law enforcement officers are often the emergency personnel arriving to a situation. One of their primary duties is to de-escalate the situation at hand. To effectively do that, officers must assess a person’s behavior and response to commands. This can be challenging in scenarios where a person with a disability is involved, as officers could misinterpret an erratic gesture from a person with a disability as threating or non-compliant, and may result to use-of-force. In order for law enforcement to de-escalate situations to the best of their ability, and to reduce the risk of injury to disabled and elderly persons, we must provide officers with as much information as possible before they arrive on scene.

1. Background. Statute tasks the California Office of Emergency Services (Cal OES) with coordinating the overall state response to disasters, which includes oversight of the 911 system. This also includes annually estimating a surcharge rate on telephone customers for intrastate voice communications that OES estimates will produce sufficient revenue to fund the fiscal year’s 911 costs.

California has operated a 911 system for decades. The system operates on an analogue system of hundreds of public safety answering points (PSAP). The PSAP system is coordinated to work with wireless phone calls through relay protocol that assigns each wireless call to a PSAP. However, the system supports voice service and a limited amount of data service.

The state government and law recognize many Californians are moving, or have moved, away from traditional landline telephone service to internet protocol-enabled (IP-enabled) service. Pursuant to existing statute, Cal OES is working to implement “Next Gen 911,” an IP-based two-way communications system that will allow digital information, such as voice, photos, videos and text messages, to flow between 911 callers and PSAPs. (See AB 1211 (Padilla), Chapter 926, Statutes of 2014.) Cal OES expects to fully implement Next Gen 911 by the end of 2022. The requirements of this bill, which are effective January 1, 2021, would seem to rely on successful implementation of Next Gen 911.

1. Related and Prior Legislation.
   1. AB 1168 (Mullin) requires, by January 1, 2021, each public safety answering point to deploy a text-to-911 service that enables an individual to text “911” for emergency services that is capable of accepting either Short Message Service messages or Real-Time Text messages. The bill is pending in this committee.
   2. AB 1366 (Gonzalez) extends indefinitely the prohibition on the California Public Utilities Commission (CPUC), or any department, agency, commission, or political subdivision of the state from exercising regulatory jurisdiction or control over Voice over Internet Protocol (VoIP) and Internet Protocol (IP) enabled services except as expressly directed to do so by statute. The bill is pending in this committee.

Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081

Date of Hearing: April 24, 2019

ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION

Adam Gray, Chair

ABPCA Bill Id:AB 911 (

Author:Rodriguez) – As Amended Ver:March 21, 2019

SUBJECT: Office of Emergency Services: 911 Emergency Communication System

SUMMARY: Requires the California Office of Emergency Services (Cal OES) to establish a statewide 911 Emergency Communication System that enables all Californians to voluntarily share information about themselves to first responders during an emergency. Specifically, this bill:

1. Requires Cal OES to establish a statewide 911 Emergency Communication System, by January 1, 2022, as specified.
2. Requires the specified system to enable all Californians, including older adults, individuals with disabilities, and other at-risk persons, to voluntarily share important, accurate, and up-to-date information about themselves, via a secure internet website, which then may be automatically delivered to public safety answering points that can provide the information to all first responders during an emergency where a “911” call is placed. The information may include, but need not be limited to, all of the following:
   1. Types of disabilities and existing medical conditions, signals of distress, and other critical conditions;
   2. Location services, including home and work addresses;
   3. Emergency contact and family member information; or,
   4. Photographs, floor plans, and information relating to key personnel.
3. Requires Cal OES to assist participating local governments in the adoption of the appropriate technology to implement the specified system in order to safely store information.
4. Requires Cal OES to assist participating local governments in determining both of the following for purposes of this bill:
   1. How best to acquire, store, and safeguard the specified information and to make that information directly available to first responders at, or on the way to, the scene of an emergency; and,
   2. Which information shall remain confidential under state or federal law.

EXISTING LAW:

1) Requires Cal OES to develop a plan and timeline of target dates for the testing, implementation, and operation of a Next Generation 911 emergency communication system, including text to 911 service, throughout California.

2) Establishes the 911 Emergency Assistance Act, which establishes the number “911” as the primary emergency telephone number for use in this state for any person calling the telephone number “911” seeking police, fire, medical, and other emergency services.

FISCAL EFFECT: Unknown.

COMMENTS:

Purpose of the bill: According to the author, “Law enforcement officers are often the emergency personnel arriving to a situation. One of their primary duties is to de-escalate the situation at hand. To effectively do that, officers must assess a person’s behavior and response to commands. This can be challenging in scenarios where a person with a disability is involved, as officers could misinterpret an erratic gesture from a person with a disability as threating or non-compliant, and may result to use-of-force. In order for law enforcement to de-escalate situations to the best of their ability, and to reduce the risk of injury to disabled and elderly persons, we must provide officers with as much information as possible before they arrive on scene.”

According to the author, a person with disability is more likely to interact with public safety personnel. Often times law enforcement officers arriving at the scene is tasked with de-escalating potentially dangerous situations. When such incidents involve a person with a disability, the challenges are amplified due potentially to an individual’s inability to respond to commands.

This bill requires Cal OES to establish a system that would allow individuals to voluntarily share information about themselves which would be transmitted to first responders during an emergency. Creating such a new system would require significant funding, training, equipment, and oversight to ensure that the system would provide accurate and updated information, while also ensuring that the personal information submitted to the system are protected and kept private and confidential.

Background: California has one of the nation’s largest 911 system with over 442 call centers to handle its 911 calls. Cal OES’s Public Safety Communication Division is responsible for administering the state’s 911 emergency system.

Calling 911: Prior to the widespread adoption of mobile phones, 911 emergency calls were made primarily on landlines. Calls from landlines would be routed to a PSAP and the dispatcher would dispatch emergency services to the location accordingly. As mobile phones were introduced, mobile 911 calls were routed to a California Highway Patrol (CHP) dispatch because most early mobile phones were in cars and the assumption was that calls being made from a mobile phone were primarily to report issues on roadways. As mobile phones became more common, and the use of landlines decreased, more 911 calls were being made from mobile phones then landlines.

According to the National Emergency Number Association, an estimated 240 million 911 calls are made nationally each year, with many areas having at least 80 percent of the calls made from a wireless device. Calls made from a wireless device are routed to a cell tower that determines the appropriate PSAP.

Next Generation 911 (NG911): Since most 911 systems were originally built using analog rather than digital technologies, public safety answering points (PSAPs) across the country need to be upgraded to a digital or Internet Protocol (IP)-based 911 system, commonly referred to as Next Generation 911 (NG911). The success and reliability of 911 will be greatly improved with the implementation of NG911, as it will enhance emergency number services to create a faster, more resilient system that allows voice, photos, videos and text messages to flow seamlessly from the public to the 911 network.

NG911 will also improve PSAP ability to help manage call overload, natural disasters, and transferring of 911 calls and proper jurisdictional responses based on location tracking.

While the technology to implement these new IP-based 911 systems is available now, the transition to NG911 will involve much more than just new computer hardware and software. Implementing NG911 in states and counties nationwide will require the coordination of a variety of emergency communication, public safety, legislative and governing entities.

Arguments in support: According to the United Domestic Workers of America, “Cal OES is currently tasked with transitioning from an analog 911 system to Next Generation 911, an upgraded digital system with location services and dynamic call routing. Although these are significant improvements to the current system, the state’s 911 system should also be updated to meet the unique needs of persons with cognitive, intellectual, developmental, and/or mental health disabilities who may be unable to clearly communicate to first responders during emergencies. AB 911 would allow individuals to make available such personal information as the type of disability, signals of distress, calming strategies, special medical conditions, emergency contacts, and photographs, all in advance of an emergency. This will save precious time and assist first responders to make informed decisions about the best course of action.”

Committee Amendments: According to the author’s staff and based on input from Cal OES, the original deadline proposed in this bill to develop a statewide 911 Communications System may be too ambitious given the technological and governance issues involved. Therefore Committee staff, in consultation with the author, is recommending the following amendments:

1. Direct Cal OES, in consultation with relevant experts and stakeholders, to develop a plan and timeline of target dates for the testing, implementation, operation and estimation of funding necessary for a statewide 911 system as specified in this bill.
2. Require Cal OES to deliver a report on the implementation plan to the Legislature and the State 911 Advisory Board by January 1, 2021.
3. Identify the vital health and safety information consistent with those identified in this bill and specify that information submitted through a statewide system be confidential and is not a public record.

Double-referral: This bill was double referred, and passed by the Assembly Committee on Communications and Conveyance on April 10, 2019.

Related legislation: AB 1168 (Mullin) of this Session. Would require each public safety answering point to deploy a text to 911 service by January 1, 2021. (Assembly Committee on Communications and Conveyance.)

Prior legislation: AB 437 (Rodriguez) of the 2017-2018 Session. Would have required the Attorney General to establish a Voluntary Online At-Risk Community Network, which would provide information to first responders to prevent harmful interactions between seniors and persons with disabilities. (Held in the Assembly Committee on Appropriations.)

AB 1211 (Padilla, Chapter 926, Statutes of 2014). Required Cal OES to develop a plan and timeline for testing, implementation, and operation of a Next Generation 911 emergency communications system.

REGISTERED SUPPORT / OPPOSITION:

Support

United Domestic Workers of America

American Federation of State, County and Municipal Employees, AFL-CIO

The Arc and United Cerebral Palsy California Collaboration

California Fire Chiefs Association

Fire Districts Association of California

Opposition

None on file.

Analysis Prepared by: Mike Dayton / G.O. / (916) 319-2531

Date of Hearing: April 10, 2019

ASSEMBLY COMMITTEE ON COMMUNICATIONS AND CONVEYANCE

Miguel Santiago, Chair

ABPCA Bill Id:AB 911 (

Author:Rodriguez) – As Amended Ver:March 21, 2019

SUBJECT: Office of Emergency Services: 911 Emergency Communication System

SUMMARY: Requires the Office of Emergency Services (Cal OES) to establish a statewide 911 Emergency Communication System that enables all Californians to voluntarily share information about themselves to first responders during an emergency. Specifically, this bill:

1. Requires Cal OES to establish a statewide 911 Emergency Communication System, by January 1, 2022, as specified.
2. Requires the specified system to enable all Californians, including older adults, individuals with disabilities, and other at-risk persons, to voluntarily share important, accurate, and up-to-date information about themselves, via a secure internet website, which then may be automatically delivered to public safety answering points that can provide the information to all first responders during an emergency where a “911” call is placed. The information may include, but need not be limited to, all of the following:
   1. Types of disabilities and existing medical conditions, signals of distress, and other critical conditions;
   2. Location services, including home and work addresses;
   3. Emergency contact and family member information; or,
   4. Photographs, floor plans, and information relating to key personnel.
3. Requires Cal OES to assist participating local governments in the adoption of the appropriate technology to implement the specified system in order to safely store information.
4. Requires Cal OES to assist participating local governments in determining both of the following for purposes of this bill:
   1. How best to acquire, store, and safeguard the specified information and to make that information directly available to first responders at, or on the way to, the scene of an emergency; and,
   2. Which information shall remain confidential under state or federal law.

EXISTING LAW:

1. Establishes the Warren-911 Emergency Assistance Act, which establishes the number “911” as the primary emergency telephone number for use in this state and to encourage units of local government and combinations of such units to develop and improve emergency communication procedures and facilities in such a manner as to be able to quickly respond to any person calling the telephone number “911” seeking police, fire, medical, rescue, and other emergency services. (Government Code (GOV) Section 53100, et seq.)
2. Requires a provider of commercial mobile radio service, to provide access for end users of that service to the local emergency telephone systems described in the Warren-911-Emergency Assistance Act, as specified. (Public Utilities Code Section 2896.1)
3. Imposes a 911 surcharge on intrastate telephone communication services and/or VoIP service that provides access to the 911 emergency system. (Revenue and Taxation Code (RTC) Section 41020)
4. Requires Cal OES to determine annually, on or before October 1, to be effective on January 1 of the following year, a specified surcharge rate that it estimates will produced sufficient revenue to fund the current fiscal year’s 911 costs. (RTC Section 41030)
5. Requires the Cal OES to develop a plan and timeline of target dates for the testing, implementation, and operation of a Next Generation 911 emergency communication system, including text to 911 service, throughout California. (GOV Section 53121)

FISCAL EFFECT: Unknown. This bill has been keyed fiscal by the Legislative Counsel.

COMMENTS:

1. Authors Statement: According to the author, “Law enforcement officers are often the emergency personnel arriving to a situation. One of their primary duties is to de-escalate the situation at hand. To effectively do that, officers must assess a person’s behavior and response to commands. This can be challenging in scenarios where a person with a disability is involved, as officers could misinterpret an erratic gesture from a person with a disability as threating or non-compliant, and may result to use-of-force. In order for law enforcement to de-escalate situations to the best of their ability, and to reduce the risk of injury to disabled and elderly persons, we must provide officers with as much information as possible before they arrive on scene.”
2. Background: The Warren-911 Emergency Assistance Act established California’s 911 emergency telephone response system in 1973. California has one of the nation’s largest 911 system with over 442 call center to handle its 911 calls. The Warren-911 Act provided a single, primary three-digit emergency number through which emergency service could quickly and efficiently be obtained. California’s 911 system was building on an infrastructure of analog, circuit-switched network technology known as Public Safety Answering Points (PSAP) which is designed mostly to support voice and limited data services.

The Cal OES Public Safety Communication Division is tasked with administering the states 911 emergency system which includes reviewing local PSAP equipment and operation, and administration and oversight of the State Emergency Telephone Number Account (SETNA) used to fund 911 services in California.

1. 911 Routing: When the Warren-911 Act was enacted, 911 emergency calls were made primarily on landlines. A call would be routed to a PSAP and the dispatcher would dispatch emergency services to the location accordingly. As mobile phones were introduced, mobile 911 calls were routed to a California Highway Patrol (CHP) dispatch because most early mobile phones were in cars and the assumption was that calls being made from a mobile phone were primarily to report issues on roadways. As mobile phones became more common, and the use of landlines decreased, more 911 calls were being made from mobile phones then landlines. Today, when a 911 call is made from a mobile phone, the call is routed to an antenna on a cell tower. Each antenna is assigned an Emergency Service Number which determines the PSAP that will handle the call. Calls are then queried until their location is determined by CHP and then transferred to a local dispatch center. This process can often lead to delays due to the inability to identify a caller’s exact location in a timely manner.
2. Next Generation 911: As more California’s move away from landlines to more Internet Protocol (IP) based systems, such as wireless and Voice over Internet Protocol, ensuring that the state’s emergency communications network capabilities can support this transition is critical to public safety. Next Generation 911 (NG911) is an IP based two way communications system that will allow digital information, such as voice, photos, videos, and text messages, to flow between 911 callers and PSAPs. NG911 will build upon, and eventually replace, the existing 911 system and lay the groundwork for a new communications system for our first responders that has the capabilities to support advancing technologies and uses. The transition to NG911 will require significant planning, training and funding to upgrade the states PSAPs to an IP-based platform.
3. Smart 911 Systems: According to the author, a person with disability is more likely to interact with public safety personnel. Often times law enforcement officers arriving at the scene is tasked with de-escalating potentially dangerous situations. When such incidents involve a person with a disability, the challenges are amplified due potentially to an individual’s inability to respond to commands. In recent years, cities have been experimenting with systems that would create a database of personal information that would be transmitted to first responders during an emergency. These smart 911 systems seek to create safety profiles of individuals in order to pass information to first responders in the field for a faster and more detailed response. The success of these systems have been unclear due to low enrollment and inconsistent adoption across regions.

This bill requires Cal OES to establish a system that would allow individuals to voluntarily share information about themselves which would be transmitted to first responders during an emergency. Creating a system in which individuals can provide information to first responders ahead of time would better help first responders prepare for a situation before they arrive to the scene. This could have a potentially lifesaving impact on many individuals especially among those in the senior or disabled communities.

The author may wish to consider an amendment removing the name of the system to avoid confusion with the current 911 system, and modify the suggested criteria’s of information that may be included in the system.

Creating such a new system would require significant funding, training, equipment, and oversight to ensure that the system would provide accurate and updated information, while also ensuring that the personal information submitted to the system are protected and kept private and confidential. In addition, such a system would be dependent on Cal OES’ ability to fund and implement a new IP-based system, such as NG911, in order to have the infrastructure and network capabilities to allow for the transfer of such data over the network to first responders.

1. Suggested Amendment:

8592.20. (b) It is the intent of the Legislature to establish a statewide 911 Emergency Communication System under the California Office of Emergency Services that would enable all Californians, including older adults, individuals with disabilities, and other at-risk persons to voluntarily provide vital health and safety information to enable first responders to better assist them during an accident or emergency.

8592.21. (b) “System” means the statewide 911 Emergency Communication System established pursuant to this article.

8592.22. (a) By January 1, 2022, the office shall establish a statewide 911 Emergency Communication System, described in this article.

(b) The system shall that enable all Californians, including older adults, individuals with disabilities, and other at-risk persons, to voluntarily share important, accurate, and up-to-date information about themselves, via a secure internet website, which then may be automatically delivered to public safety answering points that can provide the information to all first responders during an emergency where a “911” call is placed. The information may include, but need not be limited to, all of the following:

(1) Types of disabilities and existing medical conditions, signals of distress, and other critical conditions.

(2) Location services, including home and work addresses.

(3) (2) Emergency contact and family member information.

(4) Photographs, floor plans, and information relating to key personnel.

(3) Race or ethnicity of the individual.

(4) Primary language spoken by the individual.

1. Arguments in Support: According to UDW/AFSCME, a co-sponsor of the bill, “Cal OES is currently tasked with transitioning from an analog 911 system to Next Generation 911, an upgraded digital system with location services and dynamic call routing. Although these are significant improvements to the current system, the state’s 911 system should also be updated to meet the unique needs of persons with cognitive, intellectual, developmental, and/or mental health disabilities who may be unable to clearly communicate to first responders during emergencies. AB 911 would allow individuals to make available such personal information as the type of disability, signals of distress, calming strategies, special medical conditions, emergency contacts, and photographs, all in advance of an emergency. This will save precious time and assist first responders to make informed decisions about the best course of action.”
2. Related Legislation: AB 1168 (Mullin) of 2019 requires each public safety answering point to deploy a text to 911 service by January 1, 2021. Status: Pending in the Assembly Committee on Communications and Conveyance.
3. Prior Legislation: AB 437 (Rodriguez) of 2017 required the Attorney General to establish a Voluntary Online At-Risk Community Network, which would provide information to first responders to prevent harmful interactions between seniors and persons with disabilities. Status: Died in the Assembly Committee on Appropriations.

AB 1211 (Padilla) of 2014 required Cal OES to develop a plan and timeline for testing, implementation, and operation of a Next Generation 911 emergency communications system. Status: Chaptered by the Secretary of State – Chapter 926, Statutes of 2014.

1. Double-referral: This bill is double referred, and if passed by this Committee, will be referred to the Assembly Committee on Governmental Organization.

REGISTERED SUPPORT / OPPOSITION:

Support

The Arc of California (co-sponsor)
UDW/AFSCME Local 3930 (co-sponsor)

American Federation of State, County and Municipal Employees, AFL-CIO
California Fire Chiefs Association
Fire Districts Association of California

Opposition

None on file.

Analysis Prepared by: Edmond Cheung / C. & C. / (916) 319-2637