Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law authorizes the commission to control and regulate the use of automatic dialing-announcing devices. Existing law prohibits a person from operating an automatic dialing-announcing device except as specified. Existing law expressly provides that the use of automatic dialing-announcing devices by law enforcement agencies, fire protection agencies, public health agencies, public environmental health agencies, city or county emergency services planning agencies, or any private for-profit agency operating under contract with, and at the direction of, one or more of these agencies, for specified purposes relating to public safety and emergencies is not prohibited.

This bill would expressly provide that the use of automatic dialing-announcing devices by those entities to test all modes of 911 emergency telephone systems, including basic 911 telephone services, enhanced 911 emergency telephone services, Next Generation 911 emergency communication systems, and similar 911 technologies, for data accuracy and emergency alert notification system capabilities is also not prohibited.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 956

Author:(Diep)

As Amended Ver:August 12, 2019

Majority vote

SUMMARY:

Authorizes public safety agencies to place calls through automatic dialing-announcing devices for the purposes of testing all modes of 911 emergency telephone systems.

The Senate Amendments:

Expand the scope of 911 systems covered by the bill to include testing of basic 911 telephone services, enhanced 911 emergency telephone services, Next Generation 911 emergency communication systems, and similar 911 technologies.

COMMENTS:

911 Emergency Telephone Systems: California's 911 system was built on an infrastructure of analog, circuit-switched network technology known as public safety answering points (PSAPs). When a 911 call is made on a landline, the call is routed to a PSAP and the dispatcher dispatches emergency services to the location accordingly. When a 911 call is made from a wireless or Voice over Internet Protocol device, the call is queried until the location of the call is determined 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.

Enhanced 911 services provide additional location information about 911 calls that can help first responder reach the caller more quickly. Next Generation 911 is an Internet Protocol based two way communications system that will eventually replace the existing 911 system and allow digital information, such as voice, photos, videos, and text messages, to flow between 911 callers and PSAPs. Depending on funding, the Governor's Office of Emergency Services projects full implementation of Next Generation 911 by December 2022.

Autodialing Systems: Autodialing systems are devices that store thousands of telephone numbers and then dials them automatically and plays messages. Although many consumers consider the use of autodialing systems a nuisance, there are beneficial uses of such systems by health, education, and emergency response agencies. Current law authorizes the use of autodialing systems for the following purposes: by schools to contact parents regarding a pupil's attendance; banks to contact its members; cable companies or utilities to contact its customers regarding a previously arranged appointment; refineries, chemical plants, and nuclear power plants to notify the public about an emergency; and public safety agencies to deliver emergency notifications. Although public safety agencies may use autodialing systems to deliver emergency notifications; current law does not expressly authorizes them to test their systems beforehand.

According to the Author:

This bill will make sure all Californians are properly notified during a natural disaster or region-wide emergency, regardless if they have a landline or cellphone. By allowing public safety agencies to test their emergency alert system, we are providing more transparency and safety for families all over California.

Arguments in Support:

According to the Orange County Sheriff's Department, the sponsor of the bill, "Regular testing of our public safety alert notification systems is vital to ensuring our local communities are prepared in the event of an emergency. [This] legislation ensures that state law will support this important concept. While current law provides for public safety agencies to test the 911 system, the ability to utilize the e911 system is unclear. Amending the public utility code to specifically state that public safety agencies are authorized to conduct an emergency test of the e911 system remedies this problem. Through annual tests of the system emergency management personnel can have confidence that they will be able to communicate with the public at those crucial moments when life and property are most at risk."

Arguments in Opposition:

None on file.

FISCAL COMMENTS:

Unknown. This bill has been keyed non-fiscal by the Legislative Counsel.

VOTES:

ASM COMMUNICATIONS AND CONVEYANCE: 8-0-5

YES: Santiago, Obernolte, Boerner Horvath, Gipson, Kamlager-Dove, Patterson, Quirk-Silva, Rodriguez

ABS, ABST OR NV: Bonta, Brough, Cervantes, Holden, Low

ASM PRIVACY AND CONSUMER PROTECTION: 11-0-0

YES: Chau, Kiley, Bauer-Kahan, Berman, Calderon, Gabriel, Gallagher, Irwin, Obernolte, Smith, Wicks

ASSEMBLY FLOOR: 74-0-6

YES: Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gonzalez, Gray, 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: Aguiar-Curry, Arambula, Brough, Burke, Frazier, Gloria

SENATE FLOOR: 40-0-0

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, Umberg, Wieckowski, Wiener, Wilk

UPDATED:

VERSION: August 12, 2019

CONSULTANT: Edmond Cheung / C. & C. / (916) 319-2637 FN: 0001429

 THIRD READING  

Bill No: AB 956

Author: Diep (R), et al.

Amended: 8/12/19 in Senate

Vote: 21

SENATE ENERGY, U. & C. COMMITTEE: 11-0, 6/4/19

AYES: Hueso, Moorlach, Bradford, Chang, Dodd, Hill, McGuire, Rubio, Stern, Stone, Wiener

NO VOTE RECORDED: Hertzberg, Skinner

ASSEMBLY FLOOR: 74-0, 5/13/19 (Consent) - See last page for vote

SUBJECT: Telecommunications: automatic dialing-announcing devices: emergency alert notifications

SOURCE: Orange County Sheriff’s Department

DIGEST:

This bill exempts testing of all modes of 911 emergency telephone systems from restrictions on the use of autodialers.

Senate Floor Amendments of 8/12/19 expand the scope of 911 systems covered by the bill to include testing of enhanced 911 (E911) and Next Generation (NG 911) 911) systems.

ANALYSIS:

Existing law:

1. Defines the term “public utility” and includes common carriers in the definition of a public utility. (Public Utilities Code §216)
2. Gives the California Public Utilities Commission (CPUC) the authority to supervise and regulate every public utility in the state and do all things necessary and convenient in the exercise of such power and jurisdiction. (Public Utilities Code §701)
3. Authorizes the CPUC to regulate the connection of automatic dialing-announcing devices to a telephone line, establishes restrictions on the use of autodialing systems, and prohibits the use of autodialing systems that does not comply with the restrictions. Unless exempted from restrictions on autodialing systems, a person may not send calls through an autodialing system between 9 p.m. and 9 a.m. California time. (Public Utilities Code §2872(a-c))
4. Establishes exemptions to the limitations on autodialing system use for certain lawful purposes, including sending emergency messages from law enforcement agencies, fire protection agencies, public health agencies, public environmental health agencies, city or county emergency services planning agencies, or any private for-profit agency operating under contract with at least one of these public agencies. (Public Utilities Code §2872 (d-f))
5. 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 the Office of Emergency Services (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)
6. Requires OES to develop a plan and timeline for the testing, implementation and operation of an NG 911 emergency communication system, including text to 911 service, throughout California. (Government Code §53121)

This bill clarifies that testing of all modes of 911 emergency telephone systems for accuracy and system capabilities is an authorized use of autodialing systems and exempt from restrictions on those systems.

Background

Autodialing systems. Autodialing systems are electronic devices or software that automatically dials numbers to initiate calls. These calls may either deliver a pre-recorded message or connect a consumer to a live person. Since their inception, autodialing systems have generated significant consumer complaints related to robocalling. To address these concerns, federal and state governments have adopted restrictions to the use of autodialing systems. These restrictions generally authorize the use of autodialers and outline the lawful uses for these systems.

Autodialing systems can be beneficial for multiple purposes, including mass notifications from health, education, and emergency response agencies. Existing law specifies that autodialers may be used for the following purposes:

• By schools to contact pupils’ guardians regarding attendance.
• By certain nonprofits for contacting members.
• By certain cable television companies for contacting customers about installation.
• By utilities to contact customers about installation and employees regarding emergencies.
• By refineries, chemical plants, and nuclear powerplants to advise the public, other agencies, and news media about an emergency.
• By law enforcement, fire protection, public health, public environmental health, city or county emergency services planning agencies, or any private for-profit agency operating under contract with these agencies for emergency notifications.

This bill clarifies that testing of basic 911, E911, and NG 911 emergency telephone systems for data accuracy and emergency alert notification system capabilities to the list of purposes for which autodialer restrictions do not apply. While existing law exempts local emergency and law enforcement agency emergency notifications from limitations on autodialer use, existing law does not expressly exempt the testing of 911 systems from these limitations. This bill provides this express exemption for all types of 911.

E911 and NG 911. E911 services automatically provide additional location information about 911 calls that can help first responders reach the caller more quickly. When a 911 call is placed from a landline, a router searches a database of addresses, identifies the specific address associated with the phone number, and provides this information to the dispatcher. However, wireless and Voice Over Internet Protocol (VoIP) 911 calls can be placed from non-fixed locations and can require additional information to verify the address from which a call is placed. While wireless call locations can be identified through geographic targeting, this geographic information can be less precise than a specific physical address. For example, calls placed from different apartments within a multistory apartment complex may not appear as different geographic locations. As a result, dispatchers may need additional information to ensure that first responders can more quickly reach the specific location from which a 911 call is placed. To address concerns about the geographic specificity of wireless and VoIP 911 calls, the Federal Communications Commission has proposed additional rules to require transmittal of accurate vertical location information within three meters for wireless 911 calls placed from indoors. The efficacy of E911 rules aimed at improving location accuracy can be evaluated through E911 testing. This bill ensures that E911 testing using autodialing systems is not restricted by limitations on the use of autodialers.

Existing law requires OES to develop a plan and timeline for the testing, implementation and operation of a NG 911 emergency communication system, including text to 911 service. The development of a NG 911 system will include updates to Public Safety Answering Points (PSAPs) to facilitate the administration of 911 over an internet protocol network. OES has developed a plan for implementing NG 911 by 2022. The exemption provided by this bill will facilitate testing of the NG 911 system as the system transitions to an IP-based network.

Related/Prior Legislation

AB 2179 (Lockyer, Chapter 877, Statutes of 1978) authorized the use of autodialing systems only under certain circumstances and required companies to apply to their telephone corporation and the CPUC for authorization to use an autodialing system.

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

SUPPORT: (Verified 8/12/19)

Orange County Sheriff’s Department (source)

California Fire Chiefs Association

California State Sheriffs’ Association

Fire Districts Association of California

Orange County Board of Supervisors

Orange County Professional Firefighters Association, Local 3631

OPPOSITION: (Verified 8/12/19)

None received

ARGUMENTS IN SUPPORT: According to the author, “AB 956 will make sure all Californians are properly notified during a natural disaster or region-wide emergency, regardless if they have a landline or cellphone. By allowing public safety agencies to test their emergency alert system, we are providing more transparency and safety for families all over California.”

ASSEMBLY FLOOR: 74-0, 5/13/19

AYES: Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gonzalez, Gray, 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: Aguiar-Curry, Arambula, Brough, Burke, Frazier, Gloria

Prepared by: Sarah Smith / E., U., & C. / (916) 651-4107

8/14/19 15:33:10

**** END ****

 THIRD READING  

Bill No: AB 956

Author: Diep (R), et al.

Amended: 5/7/19 in Assembly

Vote: 21

SENATE ENERGY, U. & C. COMMITTEE: 11-0, 6/4/19

AYES: Hueso, Moorlach, Bradford, Chang, Dodd, Hill, McGuire, Rubio, Stern, Stone, Wiener

NO VOTE RECORDED: Hertzberg, Skinner

ASSEMBLY FLOOR: 74-0, 5/13/19 (Consent) - See last page for vote

SUBJECT: Telecommunications: automatic dialing-announcing devices: emergency alert notifications

SOURCE: Orange County Sheriff’s Department

DIGEST:

This bill exempts testing of enhanced 911 (E911) emergency telephone systems from restrictions on the use of autodialers.

ANALYSIS:

Existing law:

1. Defines the term “public utility” and includes common carriers in the definition of a public utility. (Public Utilities Code §216)
2. Gives the California Public Utilities Commission (CPUC) the authority to supervise and regulate every public utility in the state and do all things necessary and convenient in the exercise of such power and jurisdiction. (Public Utilities Code §701)
3. Authorizes the CPUC to regulate the connection of automatic dialing-announcing devices to a telephone line, establishes restrictions on the use of autodialing systems, and prohibits the use of autodialing systems that does not comply with the restrictions. Unless exempted from restrictions on autodialing systems, a person may not send calls through an autodialing system between 9 p.m. and 9 a.m. California time. (Public Utilities Code §2872(a-c))
4. Establishes exemptions to the limitations on autodialing system use for certain lawful purposes, including sending emergency messages from law enforcement agencies, fire protection agencies, public health agencies, public environmental health agencies, city or county emergency services planning agencies, or any private for-profit agency operating under contract with at least one of these public agencies. (Public Utilities Code §2872 (d-f))
5. 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 the Office of Emergency Services (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)
6. Requires OES to develop a plan and timeline for the testing, implementation and operation of a Next Generation 911 emergency communication system, including text to 911 service, throughout California. (Government Code §53121)

This bill clarifies that testing of an E911 emergency telephone system for accuracy and system capabilities is an authorized use of autodialing systems and exempt from restrictions on those systems.

Background

Autodialing systems. Autodialing systems are electronic devices or software that automatically dials numbers to initiate calls. These calls may either deliver a pre-recorded message or connect a consumer to a live person. Since their inception, autodialing systems have generated significant consumer complaints related to robocalling. To address these concerns, federal and state governments have adopted restrictions to the use of autodialing systems. These restrictions generally authorize the use of autodialers and outline the lawful uses for these systems.

Autodialing systems can be beneficial for multiple purposes, including mass notifications from health, education, and emergency response agencies. Existing law specifies that autodialers may be used for the following purposes:

• By schools to contact pupils’ guardians regarding attendance.
• By certain nonprofits for contacting members.
• By certain cable television companies for contacting customers about installation.
• By utilities to contact customers about installation and employees regarding emergencies.
• By refineries, chemical plants, and nuclear powerplants to advise the public, other agencies, and news media about an emergency.
• By law enforcement, fire protection, public health, public environmental health, city or county emergency services planning agencies, or any private for-profit agency operating under contract with these agencies for emergency notifications.

This bill adds testing an E911 emergency telephone system for data accuracy and emergency alert notification system capabilities to the list of purposes for which autodialer restrictions do not apply. While existing law exempts local emergency and law enforcement agency emergency notifications from limitations on autodialer use, existing law does not expressly exempt the testing of enhanced 911 systems from these limitations. This bill provides this express exemption.

Enhanced 911. E911 services automatically provide additional location information about 911 calls that can help first responders reach the caller more quickly. When a 911 call is placed from a landline, a router searches a database of addresses, identifies the specific address associated with the phone number, and provides this information to the dispatcher. However, wireless and Voice Over Internet Protocol (VoIP) 911 calls can be placed from non-fixed locations and can require additional information to verify the address from which a call is placed. While wireless call locations can be identified through geographic targeting, this geographic information can be less precise than a specific physical address. For example, calls placed from different apartments within a multistory apartment complex may not appear as different geographic locations. As a result, dispatchers may need additional information to ensure that first responders can more quickly reach the specific location from which a 911 call is placed. To address concerns about the geographic specificity of wireless and VoIP 911 calls, the Federal Communications Commission has proposed additional rules to require transmittal of accurate vertical location information within three meters for wireless 911 calls placed from indoors. The efficacy of E911 rules aimed at improving location accuracy can be evaluated through E911 testing. This bill ensures that E911 testing using autodialing systems is not restricted by limitations on the use of autodialers.

Related/Prior Legislation

AB 2179 (Lockyer, Chapter 877, Statutes of 1978) authorized the use of autodialing systems only under certain circumstances and required companies to apply to their telephone corporation and the CPUC for authorization to use an autodialing system.

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

SUPPORT: (Verified 6/4/19)

Orange County Sheriff’s Department (source)

California Fire Chiefs Association

California State Sheriffs’ Association

Fire Districts Association of California

Orange County Board of Supervisors

Orange County Professional Firefighters Association, Local 3631

OPPOSITION: (Verified 6/4/19)

None received

ARGUMENTS IN SUPPORT: According to the author, “AB 956 will make sure all Californians are properly notified during a natural disaster or region-wide emergency, regardless if they have a landline or cellphone. By allowing public safety agencies to test their emergency alert system, we are providing more transparency and safety for families all over California.”

ASSEMBLY FLOOR: 74-0, 5/13/19

AYES: Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gonzalez, Gray, 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: Aguiar-Curry, Arambula, Brough, Burke, Frazier, Gloria

Prepared by: Sarah Smith / E., U., & C. / (916) 651-4107

6/5/19 10:42:30

**** END ****

SENATE COMMITTEE ON ENERGY, UTILITIES AND COMMUNICATIONS

Senator Ben Hueso, Chair

2019 - 2020 Regular

Bill No: AB 956 Hearing Date: 6/4/2019

SUBJECT: Telecommunications: automatic dialing-announcing devices: emergency alert notifications

DIGEST: This bill exempts testing of enhanced 911 (E911) emergency telephone systems from restrictions on the use of autodialers.

ANALYSIS:

Existing law:

1. Defines the term “public utility” and includes common carriers in the definition of a public utility. (Public Utilities Code §216)
2. Gives the California Public Utilities Commission (CPUC) the authority to supervise and regulate every public utility in the state and do all things necessary and convenient in the exercise of such power and jurisdiction. (Public Utilities Code §701)
3. Authorizes the CPUC to regulate the connection of automatic dialing-announcing devices to a telephone line, establishes restrictions on the use of autodialing systems, and prohibits the use of autodialing systems that does not comply with the restrictions. Unless exempted from restrictions on autodialing systems, a person may not send calls through an autodialing system between 9 p.m. and 9 a.m. California time. (Public Utilities Code §2872(a-c))
4. Establishes exemptions to the limitations on autodialing system use for certain lawful purposes, including sending emergency messages from law enforcement agencies, fire protection agencies, public health agencies, public environmental health agencies, city or county emergency services planning agencies, or any private for-profit agency operating under contract with at least one of these public agencies. (Public Utilities Code §2872 (d-f))
5. 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 Office of Emergency Services (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)
6. Requires OES to develop a plan and timeline for the testing, implementation and operation of a Next Generation 911 emergency communication system, including text to 911 service, throughout California. (Government Code §53121)

This bill clarifies that testing of an E911 emergency telephone system for accuracy and system capabilities is an authorized use of autodialing systems and exempt from restrictions on those systems.

Background

Autodialing systems. Autodialing systems are electronic devices or software that automatically dials numbers to initiate calls. These calls may either deliver a pre-recorded message or connect a consumer to a live person. Since their inception, autodialing systems have generated significant consumer complaints related to robocalling. To address these concerns, federal and state governments have adopted restrictions to the use of autodialing systems. These restrictions generally authorize the use of autodialers and outline the lawful uses for these systems.

Autodialing systems can be beneficial for multiple purposes, including mass notifications from health, education, and emergency response agencies. Existing law specifies that autodialers may be used for the following purposes:

• By schools to contact pupils’ guardians regarding attendance.
• By certain nonprofits for contacting members.
• By certain cable television companies for contacting customers about installation.
• By utilities to contact customers about installation and employees regarding emergencies.
• By refineries, chemical plants, and nuclear powerplants to advise the public, other agencies, and news media about an emergency.
• By law enforcement, fire protection, public health, public environmental health, city or county emergency services planning agencies, or any private for-profit agency operating under contract with these agencies for emergency notifications.

This bill adds testing an E911 emergency telephone system for data accuracy and emergency alert notification system capabilities to the list of purposes for which autodialer restrictions do not apply. While existing law exempts local emergency and law enforcement agency emergency notifications from limitations on autodialer use, existing law does not expressly exempt the testing of enhanced 911 systems from these limitations. This bill would provide this express exemption.

Enhanced 911. E911 services automatically provide additional location information about 911 calls that can help first responders reach the caller more quickly. When a 911 call is placed from a landline, a router searches a database of addresses, identifies the specific address associated with the phone number, and provides this information to the dispatcher. However, wireless and Voice Over Internet Protocol (VoIP) 911 calls can be placed from non-fixed locations and can require additional information to verify the address from which a call is placed. While wireless call locations can be identified through geographic targeting, this geographic information can be less precise than a specific physical address. For example, calls placed from different apartments within a multistory apartment complex may not appear as different geographic locations. As a result, dispatchers may need additional information to ensure that first responders can more quickly reach the specific location from which a 911 call is placed. To address concerns about the geographic specificity of wireless and VoIP 911 calls, the Federal Communications Commission (FCC) has proposed additional rules to require transmittal of accurate vertical location information within three meters for wireless 911 calls placed from indoors. The efficacy of E911 rules aimed at improving location accuracy can be evaluated through E911 testing. This bill ensures that E911 testing using autodialing systems is not restricted by limitations on the use of autodialers.

Prior/Related Legislation

AB 2179 (Lockyer, Chapter 877, Statutes of 1978) authorized the use of autodialing systems only under certain circumstances and required and required companies to apply to their telephone corporation and the CPUC for authorization to use an autodialing system.

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

SUPPORT:

Orange County Sheriff’s Department (Sponsor)

California Fire Chiefs Association

California State Sheriffs’ Association

Fire Districts Association of California

Orange County Board of Supervisors

Orange County Professional Firefighters Association, Local 3631

OPPOSITION:

None received

ARGUMENTS IN SUPPORT: According to the author:

AB 956 will make sure all Californians are properly notified during a natural disaster or region-wide emergency, regardless if they have a landline or cellphone. By allowing public safety agencies to test their emergency alert system, we are providing more transparency and safety for families all over California.

-- END --

Date of Hearing: April 30, 2019

ASSEMBLY COMMITTEE ON PRIVACY AND CONSUMER PROTECTION

Ed Chau, Chair

ABPCA Bill Id:AB 956 (

Author:Diep) – As Amended Ver:April 25, 2019

SUBJECT: Telecommunications: automatic dialing-announcing devices: residential subscriber information: emergency alert notifications

SUMMARY: Among other things, this bill would expressly provide that the use of automatic dialing-announcing devices by certain public entities to test the enhanced 911 (e911) emergency telephone system for data accuracy and emergency alert notification system capabilities are not prohibited. Specifically, this bill would:

1. Exempt from the existing prohibition on automatic dialing-announcing devices, law enforcement agencies, fire protection agencies, public health agencies, public environmental health agencies, city or county emergency services planning agencies, or any private for-profit agency operating under contract with, and at the direction of, one or more of these agencies, from placing calls through automatic dialing-announcing devices for testing the e911 emergency telephone system for data accuracy and emergency alert notification system capabilities.
2. Specify that a telephone or telegraph corporation may make certain personal information available to an emergency service agency for the purpose of issuing an emergency alert notification to communicate an imminent threat to life or property, or for the purpose of testing the emergency alert notification system, without first obtaining the residential subscriber’s written consent.
3. Make various technical and non-substantive changes.

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 encourages local government, as specified, to develop and improve emergency communication procedures and facilities in such a manner as to be able to quickly respond to any person “911” seeking police, fire, medical, rescue, and other emergency services. (Gov. Code Sec. 53100 et seq.)
2. Prohibits a person from operating an automatic dialing-announcing device in this state to place a call that is received by a telephone in this state during the hours between 9 p.m. and 9 a.m. California time. (Pub. Util. Code Sec. 2872(c).)
3. Defines a “automatic dialing-announcing device” to mean any automatic equipment which incorporates a storage capability of telephone numbers to be called or a random or sequential number generator capable of producing numbers to be called and the capability, working alone or in conjunction with other equipment, to disseminate a prerecorded message to the telephone number called. (Pub. Util. Code Sec. 2871.)
4. Exempts the prohibition on the use of an automatic dialing-announcing device by any person exclusively on behalf of any of the following:

• a school for purposes of contacting parents or guardians of pupils regarding attendance;
• an specified exempted bank or organization for purposes of contacting its members;
• a privately owned or publicly owned cable television system for purposes of contacting customers or subscribers regarding the previously arranged installation of facilities on the premises of the customer or subscriber;
• a privately owned or publicly owned public utility for purposes of contacting customers or subscribers regarding the previously arranged installation of facilities on the premises of the customer or subscriber or for purposes of contacting employees for emergency actions or repairs required for public safety or to restore services; or,
• a petroleum refinery, chemical processing plant, or nuclear powerplant for purposes of advising residents, public service agencies, and the news media in its vicinity of an actual or potential life-threatening emergency. (Pub. Util. Code Sec 2872(d).)

1. Specifies that nothing prohibits law enforcement agencies, fire protection agencies, public health agencies, public environmental health agencies, city or county emergency services planning agencies, or any private for-profit agency operating under contract with, and at the direction of, one or more of these agencies, from placing calls through automatic dialing-announcing devices, if those devices are used for any of the following purposes:

• providing public service information relating to public safety;
• providing information concerning police or fire emergencies; or,
• providing warnings of impending or threatened emergencies. (Pub. Util. Code Sec. 2872(e).)

1. Prohibits a telephone or telegraph corporation from making available to any other person or corporation, without first obtaining the residential subscriber’s consent, in writing, any of the following information:

• the subscriber’s personal calling patterns, including any listing of the telephone or other access numbers called by the subscriber, but excluding the identification to the person called of the person calling and the telephone number from which the call was placed, subject to specified restrictions, and also excluding billing information concerning the person calling which federal law or regulation requires a telephone corporation to provide to the person called;
• the residential subscriber’s credit or other personal financial information, as specified;
• the services which the residential subscriber purchases from the corporation or from independent suppliers of information services who use the corporation’s telephone or telegraph line to provide service to the residential subscriber; or,
• demographic information about individual residential subscribers, or aggregate information from which individual identities and characteristics have not been removed. (Pub. Util. Code Sec. 2891(a).)

1. Provides that the prohibition on releasing specified personal information about a noncommercial subscriber does not apply to any of the following:

• information provided by residential subscribers for inclusion in the corporation’s directory of subscribers;
• information customarily provided by the corporation through directory assistance services;
• postal ZIP Code information;
• information provided under supervision of the CPUC to a collection agency by the telephone corporation exclusively for the collection of unpaid debts;
• information provided to an emergency service agency responding to a 911 telephone call or any other call communicating an imminent threat to life or property;
• information provided to a law enforcement agency in response to lawful process;
• information which is required by the CPUC pursuant to its jurisdiction and control over telephone and telegraph corporations;
• information transmitted between telephone or telegraph corporations pursuant to the furnishing of telephone service between or within service areas;
• information required to be provided by the corporation pursuant to rules and orders of the CPUC or the Federal Communications Commission (FCC) regarding the provision over telephone lines by parties other than the telephone and telegraph corporations of telephone or information services;
• the name and address of the lifeline customers of a telephone corporation provided by that telephone corporation to a public utility for the sole purpose of low-income ratepayer assistance outreach efforts. The telephone corporation receiving the specified information requested may charge the requesting utility for the cost of the search and release of the requested information; or,
• information provided in response to a request relating to specified crimes. (Pub. Util. Code Sec. 2891(d).)

FISCAL EFFECT: None. This bill has been keyed nonfiscal by the Legislative Counsel.

COMMENTS:

1. Purpose of bill: This bill, among other things, seeks to allow for testing of and notification by e911 data, to ensure that the system is working well in the event of a natural disaster or other emergency. This bill is sponsored by the Orange County Sheriff's Department.
2. Author’s statement: According to the author, “[c]urrently, [enhanced 911 data] (e911 data) is used for real time emergencies. Current law does not allow public safety agencies to conduct emergency testing to landline phones using the e911 system. This bill is needed to make sure all Californians are properly notified during a natural disaster or region-wide emergency, regardless if they have a landline or cellphone. By allowing public safety agencies to test their emergency alert system, we are providing more transparency and safety for families all over California.”

The Orange County Sheriff’s Department, sponsor, writes:

Regular testing of our public safety alert notification systems is vital to ensuring our local communities are prepared in the event of an emergency. [This bill] ensures that state law will support this important concept. While current law provides for public safety agencies to test the 911 system, the ability to utilize the e911 system is unclear.

Amending the public utility code to specifically state that public safety agencies are authorized to conduct an emergency test of the e911 system remedies this problem. Through annual tests of the system emergency management personnel can have confidence that they will be able to communicate with the public at those crucial moments when life and property are most at risk.

1. Robocalls for public safety: Existing law establishes a number of requirements and restrictions on telemarketers and the use of robocalls. Robocalls are recorded messages delivered by way of an autodialing device that stores thousands of telephone numbers. Current law authorizes robocalls only between the hours of 9 a.m. and 9 p.m. California time. Although many consumers consider robocalls or telemarketers a nuisance, there are legitimate uses of such methods such as, by schools to contact parents regarding a pupil’s attendance, a bank to contact its members, or a cable company or utility to contact its customers regarding a previously arranged appointment. Current law also exempts public safety agency from robocall requirements in order to provide public safety information and alerts. This bill would additionally authorize public safety agencies to use autodialing devices to test their e911 emergency telephone system for data accuracy and emergency alert notification system capabilities.

This bill comes in the wake of a number of devastating wildfires in California, where many individuals who were forced to evacuate their homes did not receive any prior warning from public safety agencies. According to CNN:

When the wildfires in Northern California broke out this week, they spread so fast that many residents were caught off guard.

Some told CNN that the smell of smoke or their dogs whimpering were the only warnings they got before the fires tore through their neighborhoods, forcing them to flee their homes in the middle of the night.

Now local emergency management officials and authorities are facing criticism for how they informed residents of the fires - and how they didn't.

“From what I’ve heard from (friends and family), no one got an alert," said Sonoma County resident Margaret Curzon, whose parents lost their home to the blaze. "Everyone was blindsided by this.” (Andone, Californians say they didn't receive emergency wildfire alerts, CNN (Oct. 15, 2017) < https://www.cnn.com/2017/10/13/us/california-fires-emergency-alerts/index.html> [Apr. 24, 2019].)

Arguably, as Californians continue to transition away from landlines and gravitate toward cellular phones, it is important that the effectiveness of the State’s emergency alert system can be tested prior to needing to use it in the event of another natural disaster. The California State Sheriffs write in support:

E911 support is mandated by the U.S. Federal Communications Commission (FCC) for traditional mobile phone service, a system that automatically provides the caller's location to 911 dispatchers. However, current law does not allow public safety agencies to conduct emergency testing to landline phones using the e911 system.

The emergency alert notifications service is a vital part of our State’s emergency response and disaster preparedness system. The ability to test landlines using the e911 system will help public safety officials, telecommunication companies, and individuals be better prepared for a real disaster.

1. Unclear that public safety agencies require access to otherwise private information for the purposes of issuing emergency alerts and testing the emergency alert notification system: Existing law prohibits a telephone or telegraph corporation from sharing certain personal information about subscribers, absent that subscriber’s informed consent. Specifically, a telephone or telegraph corporation is prohibited from disclosing: (1) the subscriber’s personal calling patterns, including any listing of the telephone or other access numbers called by the subscriber; (2) the subscriber’s credit or other personal financial information; (3) services that the residential subscriber purchases from the corporation; and, (4) demographic information about individual residential subscribers, or aggregate information from which individual identities and characteristics have not been removed. (Pub. Util. Code Sec. 2872.)

Exempted from this provision, among other things, is “information provided to an emergency service agency responding to a 911 telephone call or any other call communicating an imminent threat to life or property,” and “information provided to a law enforcement agency in response to lawful process.” While it is clear that public safety agencies should be able to use any information they can glean from 911 calls to respond to life threatening emergencies, it is not clear that the same should be true for the testing of the emergency alert notification system. Existing law reflects the fact that some of the information gleaned from a telephone corporation in relation to a 911 call could be helpful in responding to an emergency, for example who an individual had last called or their credit card number (to see where it had last been used). The same information is arguably not necessary or helpful in the testing of the emergency alert notification system. Further, existing law does not necessarily limit what an agency can do with that information once they receive it through appropriate means. Given the sensitive personal information telephone and telegraph corporations hold about their subscribers, public agencies should arguably be required to go through an existing and lawful process absent an imminent threat to life or property.

Further, the California Electronic Communications Privacy Act (CalECPA), prohibits any government entity from compelling the production of or access to electronic device information from any person or entity other than the authorized possessor of the device, absent a warrant, as specified. (Pen. Code Sec. 1546 et seq.) Arguably, by allowing access to personal information from an individual’s phone or other device for the purposes of testing an emergency alert notification system would undermine CalECPA.

The following amendment would address these concerns by striking Section 2 from the bill, while leaving Section 1 intact. This would ensure that public safety agencies are allowed to auto dial calls for the purposes of testing the e911 system, but would continue to protect individual’s personal information as required by CalECPA.

Author’s amendment:

Strike Section 2 from the bill.

1. Double-referral: This bill was double-referred to the Communications and Conveyance Committee, where it was heard on April 24, 2019, and passed on a 8-0 vote.

REGISTERED SUPPORT / OPPOSITION:

Support

Orange County Sheriff's Department (sponsor)

California Fire Chiefs Association
California State Sheriffs’ Association
Fire Districts Association of California

County of Orange

Opposition

None on file

Analysis Prepared by: Nichole Rapier / P. & C.P. / (916) 319-2200

Date of Hearing: April 24, 2019

ASSEMBLY COMMITTEE ON COMMUNICATIONS AND CONVEYANCE

Miguel Santiago, Chair

ABPCA Bill Id:AB 956 (

Author:Diep) – As Introduced Ver:February 21, 2019

SUBJECT: Telecommunications: automatic dialing-announcing devices: residential subscriber information: emergency alert notifications

SUMMARY: Authorizes public safety agencies to place calls through automatic dialing-announcing devices for the purposes of testing the enhanced 911 emergency telephone system. Specifically, this bill:

1. Authorizes law enforcement agencies, fire protection agencies, public health agencies, public environmental health agencies, city or county emergency services planning agencies, or any private for-profit agency operating under contract with, and at the direction of, one or more of these agencies, from placing calls through automatic dialing-announcing devices, if those devices are used for the purposes of testing, not more than once per year, the enhanced 911 emergency telephone system for data accuracy and emergency alert notification system capabilities.
2. Specifies that a telephone or telegraph corporation may make information available to an emergency service agency for the purpose of issuing an emergency alert notification to communicate an imminent threat to life or property, or for the purpose of testing the emergency alert notification system, without first obtaining the residential subscriber’s written consent.

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. Prohibits a person from operating an automatic dialing-announcing device in this state to place a call that is received by a telephone in this state during the hours between 9 p.m. and 9 a.m. California time. (Public Utilities Code (PUC) Section 2872 (c))
3. Defines a “automatic dialing-announcing device” to mean any automatic equipment which incorporates a storage capability of telephone numbers to be called or a random or sequential number generator capable of producing numbers to be called and the capability, working alone or in conjunction with other equipment, to disseminate a prerecorded message to the telephone number called. (PUC Section 2871)
4. Exempts the prohibition on the use of an automatic dialing-announcing device by any person exclusively on behalf of any of the following:
   1. A school for purposes of contacting parents or guardians of pupils regarding attendance;
   2. An specified exempted bank or organization for purposes of contacting its members;
   3. A privately owned or publicly owned cable television system for purposes of contacting customers or subscribers regarding the previously arranged installation of facilities on the premises of the customer or subscriber;
   4. A privately owned or publicly owned public utility for purposes of contacting customers or subscribers regarding the previously arranged installation of facilities on the premises of the customer or subscriber or for purposes of contacting employees for emergency actions or repairs required for public safety or to restore services; or,
   5. A petroleum refinery, chemical processing plant, or nuclear powerplant for purposes of advising residents, public service agencies, and the news media in its vicinity of an actual or potential life-threatening emergency. (PUC Section 2872 (d))
5. Specifies that nothing prohibit law enforcement agencies, fire protection agencies, public health agencies, public environmental health agencies, city or county emergency services planning agencies, or any private for-profit agency operating under contract with, and at the direction of, one or more of these agencies, from placing calls through automatic dialing-announcing devices, if those devices are used for any of the following purposes:
   1. Providing public service information relating to public safety;
   2. Providing information concerning police or fire emergencies; or,
   3. Providing warnings of impending or threatened emergencies. (PUC Section 2872 (e))
6. Requires the Office of Emergency Services (Cal OES) to develop a plan and timeline of target dates for the testing, implementation, and operation of a Next Generation 911 (Next Gen 911) emergency communication system, including text to 911 service, throughout California. (GOV Section 53121)

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

COMMENTS:

1. Authors Statement: According to the author, “AB 956 will make sure all Californians are properly notified during a natural disaster or region-wide emergency, regardless if they have a landline or cellphone. By allowing public safety agencies to test their emergency alert system, we are providing more transparency and safety for families all over California.”
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 built 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. There are currently 438 PSAPs in California that handle 911 calls. Cal OES is tasked with coordinating the overall state response to disasters which includes oversight of the State’s 911 system.
3. 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 wireless phones were introduced, wireless 911 calls were routed to a California Highway Patrol (CHP) dispatch because most early wireless phones were in cars and the assumption was that calls being made from a wireless phone were primarily to report issues on roadways. As wireless phones became more common, and the use of landlines decreased, more 911 calls were being made from wireless phones over landlines. Today, when a 911 call is made from a wireless 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.

In an effort to better identify wireless 911 call locations, the Federal Communications Commission has issued wireless Enhanced 911 rules requiring wireless providers to deliver more precise location data and additional information to PSAPs. In March 2019, Cal OES awarded a contract to RapidDeploy to install new technology at PSAPs that will help improve location accuracy for 911 calls. The project is currently being piloted at four PSAPs, with the current project plan of having statewide deployment by the Fall of 2019. The project will assist Cal OES in identifying how to better pinpoint caller locations especially as more people move away from landlines to wireless and Internet Protocol (IP) based systems.

1. Next Generation 911: Next Gen 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. Next Gen 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. In 2014, SB 1121 (Padilla) Chapter 926, Statute of 2014, required Cal OES to develop a timeline for the implementation of Next Gen 911. Since then, Cal OES has worked with various stakeholders to develop a Next Gen 911 implementation plan and, depending on funding, projects full implementation of Next Gen 911 by December 2022.
2. Robocalls: Current law establishes a number of requirements and restrictions on telemarketers and the use of robocalls. Robocalls are recorded messages delivered to phones by an autodialing device that stores thousands of telephone numbers and then dials them automatically and plays messages. Current law authorizes robocalls only between the hours of 9 a.m. and 9 p.m. California time. Although many consumers consider robocalls or telemarketers a nuisance, there are legitimate uses of such methods such as, by schools to contact parents regarding a pupil’s attendance, a bank to contact its members, or a cable company or utility to contact its customers regarding a previously arranged appointment. Current law also exempts public safety agency from robocall requirements in order to provide public safety information and alerts.
3. Emergency Alerts: Emergency alerts come in various forms. From door-to-door announcements, to autodialing calls and the federally administered Emergency Alert System and Wireless Emergency Alert System; each system comes with its own capabilities and drawbacks. In California, many jurisdictions use autodialing devices to notify their residents of an emergency. These systems provide pre-recorded messages to telephone numbers located within a defined target area. Such systems may be effective in identifying locations based on physical addresses assigned to a landline, but wireless telephone users must opt-in to the service and register their number with the local jurisdiction in order to receive the alerts.

This bill authorizes public safety agencies to use autodialing devices to test their enhanced 911 emergency telephone system for data accuracy and emergency alert notification system capabilities. The reported failures of some of the State’s emergency alert systems during disasters suggest a need to simultaneously employ redundant systems so when an emergency happens, public safety officials can be confident that there are multiple systems capability of delivering emergency alerts should one fail. This bill limits the testing of the emergency systems to once per year. It is unclear why there should be such a limitation. If a system is identified to have issues, it would be critical for necessary fixes to be made, and the system to be tested again to ensure that the system works beforehand, rather than risk the system still not working when an emergency occurs.

The author may wish to consider an amendment deleting the once per year limitation on testing.

1. Suggested Amendment:

2872 (D) Testing, not more than once per year, the enhanced 911 emergency telephone system for data accuracy and emergency alert notification system capabilities.

1. Arguments in Support: According to the Orange County Sheriff’s Department, the sponsor of the bill, “Regular testing of our public safety alert notification systems is vital to ensuring our local communities are prepared in the event of an emergency. [This] legislation ensures that state law will support this important concept. While current law provides for public safety agencies to test the 911 system, the ability to utilize the e911 system is unclear. Amending the public utility code to specifically state that public safety agencies are authorized to conduct an emergency test of the e911 system remedies this problem. Through annual tests of the system emergency management personnel can have confidence that they will be able to communicate with the public at those crucial moments when life and property are most at risk.”
2. Related Legislation: AB 911 (Rodriguez) of 2019 requires Cal OES to establish a statewide system that enables all Californians to voluntarily share information about themselves to first responders during an emergency. Status: Pending in the Assembly Committee on Governmental Organization.

AB 1079 (Santiago) of 2019 authorizes public safety agencies to test the systems that respond to 911 calls or communicate threats to life or property on unlisted or unpublished telephone numbers. Status: Pending in the Assembly Committee on Communications and Conveyance.

AB 1168 (Mullin) of 2019 requires each PSAP to deploy a text to 911 service that enables an individual to text “911” for emergency service by January 1, 2021. Status: Pending in the Assembly Committee on Communications and Conveyance.

1. Prior Legislation: AB 1564 (Williams) of 2016 required Cal OES, CHP, and county coordinators to review the states routing of 911 calls. Status: Chaptered by the Secretary of State – Chapter 241, Statutes of 2016.
2. Double-referral: This bill is double referred, and if passed by this Committee, will be referred to the Assembly Committee on Privacy and Consumer Protection.

REGISTERED SUPPORT / OPPOSITION:

Support

Orange County Sheriff's Department (sponsor)

California Fire Chiefs Association
California State Sheriffs' Association
Fire Districts Association of California
Orange County Board of Supervisors

Opposition

None on file.

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