Bill Text: CA SB129 | 2013-2014 | Regular Session | Chaptered
Bill Title: Deaf and disabled telecommunications program.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-09-23 - Chaptered by Secretary of State. Chapter 332, Statutes of 2013. [SB129 Detail]
Download: California-2013-SB129-Chaptered.html
BILL NUMBER: SB 129 CHAPTERED
BILL TEXT
CHAPTER 332
FILED WITH SECRETARY OF STATE SEPTEMBER 23, 2013
APPROVED BY GOVERNOR SEPTEMBER 23, 2013
PASSED THE SENATE SEPTEMBER 6, 2013
PASSED THE ASSEMBLY SEPTEMBER 4, 2013
AMENDED IN ASSEMBLY JUNE 5, 2013
AMENDED IN SENATE APRIL 30, 2013
AMENDED IN SENATE APRIL 23, 2013
AMENDED IN SENATE APRIL 16, 2013
INTRODUCED BY Senator Wright
(Coauthor: Assembly Member Gomez)
JANUARY 23, 2013
An act to amend Section 53112 of the Government Code, and to amend
Section 2881 of, and to repeal Section 278.5 of, the Public
Utilities Code, relating to telecommunications, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 129, Wright. Deaf and disabled telecommunications program.
(1) Under existing law, the Public Utilities Commission has
regulatory authority over public utilities, including telephone
corporations. Existing law requires the commission to oversee
administration of the state's telecommunications universal service
programs, including the deaf and disabled programs, which are funded
through the Deaf and Disabled Telecommunications Program
Administrative Committee Fund. Existing law, until January 1, 2014,
requires the commission to establish a surcharge, not to exceed 0.5%,
that is uniformly applied to a subscriber's intrastate telephone
service charges to allow providers of the equipment and service
provided pursuant to the deaf and disabled programs to recover their
costs. Existing law, until January 1, 2016, requires the commission
to submit a report on the fiscal status of the programs to the
Legislature on or before December 31 of each year. Existing law
requires the report to include, among other things, an evaluation of
options for controlling program expenses and program efficiency, as
specified.
This bill would extend imposition of the surcharge until January
1, 2020. The bill would extend the reporting requirements until
January 1, 2021, and would require the commission to submit the
report to the Legislature on or before March 1 of each year. This
bill would also require the report to include an evaluation of any
modification to the program that would maximize participation and
funding opportunities under similar federal programs. As part of the
report that is due no later than March 1, 2014, this bill would
require the commission to evaluate options for controlling the
program costs of providing speech-generating devices, and include any
information on barriers to participation by eligible subscribers.
(2) Existing law requires the commission to design and implement a
program to provide access to a speech-generating telecommunications
device to any subscriber who is certified as having a speech
disability at no charge additional to the basic exchange rate.
Existing law also requires the commission to expand the deaf and
disabled program to include assistance to individuals with speech
disabilities, including assistance in purchasing speech-generating
devices, accessories, and mounting systems, and specialized
telecommunications equipment.
This bill would delete the first provision, described above, that
requires the commission to expand the program to include assistance
to individuals with speech disabilities, including assistance in
purchasing speech-generating devices, accessories, and mounting
systems, and specialized telecommunications equipment.
(3) Existing law states the intent of the Legislature that
existing members of the Deaf and Disabled Telecommunications Program
Administrative Committee should serve out their current terms of
office as members of the committee, but not to exceed July 1, 2003.
Existing law requires the committee to develop and submit, not later
that October 1, 2002, recommendations to the commission for
administration and governance of the deaf and disabled programs, as
prescribed.
The bill would repeal these provisions.
(4) Under the Public Utilities Act, a violation of any order,
decision, rule, direction, demand, or requirement of the commission
by a public utility is a crime.
Because the bill would require an order or decision of the
commission to extend the surcharge funding the deaf and disabled
programs and because a violation of these requirements would be a
crime, the bill would impose a state-mandated local program by
expanding the definition of a crime.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 53112 of the Government Code is amended to
read:
53112. (a) All systems shall be designed to meet the specific
requirements of each community and public agency served by the
system. Every system, whether basic or sophisticated, shall be
designed to have the capability of utilizing at least three of the
methods specified in Sections 53103 to 53106, inclusive, in response
to emergency calls. The Legislature finds and declares that the most
critical aspect of the design of any system is the procedure
established for handling a telephone request for emergency services.
(b) In addition, to maximize efficiency and utilization of the
system, all pay telephones within each system shall, by December 31,
1985, enable a caller to dial "911" for emergency services, and to
reach an operator by dialing "0", without the necessity of inserting
a coin. At those "911" public safety answering points serving an area
where 5 percent or more of the population, in accordance with the
latest United States census information, speak a specific primary
language other than English, operators who speak each such other
language, in addition to English, shall be on duty or available
through interagency telephone conference procedures at all times for
"911" emergency services.
(c) In addition, all systems shall require installation of a
telecommunications device capable of servicing the needs of the deaf
or severely hearing impaired at the "911" public safety answering
point or points. The device shall be compatible with devices
furnished by telephone corporations pursuant to Section 2881 of the
Public Utilities Code.
SEC. 2. Section 278.5 of the Public Utilities Code is repealed.
SEC. 3. Section 2881 of the Public Utilities Code is amended to
read:
2881. (a) The commission shall design and implement a program to
provide a telecommunications device capable of serving the needs of
individuals who are deaf or hearing impaired, together with a single
party line, at no charge additional to the basic exchange rate, to a
subscriber who is certified as an individual who is deaf or hearing
impaired by a licensed physician and surgeon, audiologist, or a
qualified state or federal agency, as determined by the commission,
and to a subscriber that is an organization representing individuals
who are deaf or hearing impaired, as determined and specified by the
commission pursuant to subdivision (h). A licensed hearing aid
dispenser may certify the need of an individual to participate in the
program if that individual has been previously fitted with an
amplified device by the dispenser and the dispenser has the
individual's hearing records on file prior to certification. In
addition, a physician assistant may certify the needs of an
individual who has been diagnosed by a physician and surgeon as being
deaf or hearing impaired to participate in the program after
reviewing the medical records or copies of the medical records
containing that diagnosis.
(b) The commission shall also design and implement a program to
provide a dual-party relay system, using third-party intervention to
connect individuals who are deaf or hearing impaired and offices of
organizations representing individuals who are deaf or hearing
impaired, as determined and specified by the commission pursuant to
subdivision (h), with persons of normal hearing by way of
intercommunications devices for individuals who are deaf or hearing
impaired and the telephone system, making available reasonable access
of all phases of public telephone service to telephone subscribers
who are deaf or hearing impaired. In order to make a dual-party relay
system that will meet the requirements of individuals who are deaf
or hearing impaired available at a reasonable cost, the commission
shall initiate an investigation, conduct public hearings to determine
the most cost-effective method of providing dual-party relay service
to the deaf or hearing impaired when using a telecommunications
device, and solicit the advice, counsel, and physical assistance of
statewide nonprofit consumer organizations of the deaf, during the
development and implementation of the system. The commission shall
apply for certification of this program under rules adopted by the
Federal Communications Commission pursuant to Section 401 of the
federal Americans with Disabilities Act of 1990 (Public Law 101-336).
(c) The commission shall also design and implement a program
whereby specialized or supplemental telephone communications
equipment may be provided to subscribers who are certified to be
disabled at no charge additional to the basic exchange rate. The
certification, including a statement of visual or medical need for
specialized telecommunications equipment, shall be provided by a
licensed optometrist, physician and surgeon, or physician assistant,
acting within the scope of practice of his or her license, or by a
qualified state or federal agency as determined by the commission.
The commission shall, in this connection, study the feasibility of,
and implement, if determined to be feasible, personal income
criteria, in addition to the certification of disability, for
determining a subscriber's eligibility under this subdivision.
(d) (1) The commission shall also design and implement a program
to provide access to a speech-generating device to any subscriber who
is certified as having a speech disability at no charge additional
to the basic exchange rate. The certification shall be provided by a
licensed physician, licensed speech-language pathologist, or
qualified state or federal agency. The commission shall provide to a
certified subscriber access to a speech-generating device that is all
of the following:
(A) A telecommunications device or a device that includes a
telecommunications component.
(B) Appropriate to meet the subscriber's needs for access to, and
use of, the telephone network, based on the recommendation of a
licensed speech-language pathologist.
(C) Consistent with the quality of speech-generating devices
available for purchase in the state.
(2) The commission shall adopt rules to implement this subdivision
and subdivision (e) by January 1, 2014.
(e) All of the following apply to any device or equipment
described in this section that is classified as durable medical
equipment under guidelines established by the United States
Department of Health and Human Services:
(1) It is the intent of the Legislature that the commission be the
provider of last resort and that eligible subscribers first obtain
coverage from any available public or private insurance.
(2) The commission may require the subscriber to provide
information about coverage for any or all of the cost of the device
or equipment that is available from any public or private insurance,
the cost to the subscriber of any deductible, copayment, or other
relevant expense, and any related benefit cap information.
(3) The total cost of any device or equipment provided to a
subscriber under this section shall not exceed the rate of
reimbursement provided by Medi-Cal for that device or equipment.
(f) Nothing in this section requires the commission to provide
training to a subscriber on the use of a speech-generating device.
(g) The commission shall establish a rate recovery mechanism
through a surcharge not to exceed one-half of 1 percent uniformly
applied to a subscriber's intrastate telephone service, other than
one-way radio paging service and universal telephone service, both
within a service area and between service areas, to allow providers
of the equipment and service specified in subdivisions (a), (b), (c),
and (d) to recover costs as they are incurred under this section.
The surcharge shall be in effect until January 1, 2020. The
commission shall require that the programs implemented under this
section be identified on subscribers' bills, and shall establish a
fund and require separate accounting for each of the programs
implemented under this section.
(h) The commission shall determine and specify those statewide
organizations representing the deaf or hearing impaired that shall
receive a telecommunications device pursuant to subdivision (a) or a
dual-party relay system pursuant to subdivision (b), or both, and in
which offices the equipment shall be installed in the case of an
organization having more than one office.
(i) The commission may direct a telephone corporation subject to
its jurisdiction to comply with its determinations and specifications
pursuant to this section.
(j) The commission shall annually review the surcharge level and
the balances in the funds established pursuant to subdivision (g).
Until January 1, 2020, the commission may make, within the limits set
by subdivision (g), any necessary adjustments to the surcharge to
ensure that the programs supported thereby are adequately funded and
that the fund balances are not excessive. A fund balance that is
projected to exceed six months' worth of projected expenses at the
end of the fiscal year is excessive.
(k) The commission shall prepare and submit to the Legislature, on
or before March 1 of each year, a report on the fiscal status of the
programs established and funded pursuant to this section and
Sections 2881.1 and 2881.2. The report shall include a statement of
the surcharge level established pursuant to subdivision (g) and
revenues produced by the surcharge, an accounting of program
expenses, and an evaluation of options for controlling those expenses
and increasing program efficiency, including, but not limited to,
all of the following proposals:
(1) The establishment of a means test for persons to qualify for
program equipment or free or reduced charges for the use of
telecommunication services.
(2) If and to the extent not prohibited under Section 401 of the
federal Americans with Disabilities Act of 1990 (Public Law 101-336),
as amended (47 U.S.C. Sec. 225), the imposition of limits or other
restrictions on maximum usage levels for the relay service, which
shall include the development of a program to provide basic
communications requirements to all relay users at discounted rates,
including discounted toll-call rates, and, for usage in excess of
those basic requirements, at rates that recover the full costs of
service.
(3) More efficient means for obtaining and distributing equipment
to qualified subscribers.
(4) The establishment of quality standards for increasing the
efficiency of the relay system.
(5) Any modification to the program in order to maximize
participation and funding opportunity under similar federal programs.
(l) The report described in subdivision (k) that is due no later
than March 1, 2014, shall evaluate options for controlling the
program costs of providing speech-generating devices and include
information on any barriers to participation in the program by
eligible subscribers.
(m) In order to continue to meet the access needs of individuals
with functional limitations of hearing, vision, movement,
manipulation, speech, and interpretation of information, the
commission shall perform ongoing assessment of, and if appropriate,
expand the scope of the program to allow for additional access
capability consistent with evolving telecommunications technology.
(n) The commission shall structure the programs required by this
section so that a charge imposed to promote the goals of universal
service reasonably equals the value of the benefits of universal
service to contributing entities and their subscribers.
(o) (1) The requirement for submitting a report imposed under
subdivision (k) is inoperative on January 1, 2021, pursuant to
Section 10231.5 of the Government Code.
(2) A report submitted pursuant to subdivision (k) shall be
submitted in compliance with Section 9795 of the Government Code.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SEC. 5. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to avoid administrative and reporting disruptions with
respect to the state's deaf and disabled telecommunications universal
service programs, to maintain compliance with federal
telecommunications universal service program requirements, and to
encourage continued investments in the development and manufacture of
technology and software that advances the communications
capabilities of the deaf and disabled, it is necessary for this act
to take effect immediately.
