Bill Text: CA SB546 | 2021-2022 | Regular Session | Amended

California Senate Bill 546 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Communications: lifeline universal service.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed - Dead) 2021-08-26 - August 26 hearing postponed by committee. [SB546 Detail]

Download: California-2021-SB546-Amended.html

Amended IN Senate March 05, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 546

Introduced by Senator Wilk
(Coauthor: Assembly Member Lackey)

February 18, 2021

An act to add Section 881 to the Public Utilities Code, relating to ~~telecommunications.~~ communications, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

SB 546, as amended, Wilk. ~~Telecommunications:~~ Communications: lifeline universal service.

Under existing law, the Public Utilities Commission has regulatory authority over telephone corporations. Existing law, the Moore Universal Telephone Service Act, establishes the lifeline telephone service program to provide low-income households with access to affordable basic residential telephone service. A commission decision has established a 2-year pilot program within the lifeline telephone service program that provides a smartphone and monthly prepaid mobile telephony service to certain current and former foster youth 13 to 26 years of age, inclusive, as specified.

This bill would require the commission to continue this foster youth program as an element of the lifeline program to provide eligible foster youth with a smartphone and monthly prepaid mobile telephony service, including unlimited voice, text, and data service. The bill would make eligible for the program current and former foster youth, 13 to 26 years of age, inclusive, residing in California, would require that they receive both a monthly prepaid service plan at the lifeline support amount of $25 per month and a smartphone device at the lifeline support amount of $70, and would authorize the commission to adjust the support amounts for inflation and to expand the program to foster youth younger than 13 years of age if it determines expansion is merited and within program funding levels. The bill would authorize the commission to select one or more third-party administrators to administer the foster youth program and to determine those mobile telephony service providers that will provide service for the program.
Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because the provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would declare that it is to take effect immediately as an urgency statute.
This bill would express the intent of the Legislature to enact legislation to codify portions of a commission decision that created the iFoster pilot program, and to require the commission to establish a program using moneys available pursuant to the act to ensure that California’s foster youth remain eligible to enroll in, and receive, discounts on lifeline telephone service pursuant to the eligibility criteria established in that decision.

Vote: ~~MAJORITY~~2/3 Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES

The people of the State of California do enact as follows:

SECTION 1.

Section 881 is added to the Public Utilities Code, to read:

881.
(a) The commission shall continue the foster youth program, initiated as the iFoster pilot program by commission Decision 19-04-021 (April 25, 2019) Decision Authorizing Pilot Programs of Boost Mobile, Inc. and iFoster, Inc. in the California Lifeline Program, as an element of the lifeline program to provide eligible foster youth with a smartphone and monthly prepaid mobile telephony service, including unlimited voice, text, and data service.
(b) (1) Current and former foster youth, 13 to 26 years of age, inclusive, residing in California, shall be eligible for the program. A former foster youth, 21 to 26 years of age, inclusive, is eligible for the program if that applicant was in foster care on or after their 13th birthday.
(2) Participating foster youth shall receive both a monthly prepaid service plan at the lifeline support amount of twenty-five dollars ($25) per month and a smartphone device at the lifeline support amount of seventy dollars ($70).
(3) The commission may adjust the lifeline support amounts for inflation and may expand eligibility for the program to foster youth younger than 13 years of age if it determines such expansion is merited and within program funding levels.
(c) (1) The commission may select one or more third-party administrators to administer the foster youth program, to partner with local government agencies, including county child welfare directors, educate consumers about the program, assist consumers in completing the program application, determine a consumer’s eligibility for the program, serve as a distribution channel for smartphone devices and services, provide technical support for consumers in the program, and assist in the evaluation and improvement of the program.
(2) The commission may establish an appeals process for applicants who are denied eligibility for the program.
(3) The commission may determine the mobile telephony service providers that will provide service for the program.
(d) (1) The commission may waive any rule generally applicable to the lifeline program, including commission General Order 153, for the foster youth program.
(2) The commission may adopt special rules and requirements applicable to the foster youth program that are not generally applicable to the lifeline program, including reporting requirements and rules to protect privacy and youth welfare.

SEC. 2.
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. 3.
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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:
The existing iFoster pilot program, which provides needed communications tools to at-risk youth, is set to expire before the end of 2021 and in order to prevent an interruption to the program, it is necessary for this act to take effect immediately.

SECTION 1.
It is the intent of the Legislature to enact legislation to codify portions of the Public Utility Commission’s decision 19-04-021 (April 25, 2019), Decision Authorizing Pilot Programs of Boost Mobile, Inc. and iFoster, Inc. in the California Lifeline Program, which created the iFoster pilot program, and to require the commission to establish a program using moneys available pursuant to the Moore Universal Telephone Service Act (Article 8 (commencing with Section 871) of Chapter 4 of Part 1 of Division 1 of the Public Utilities Code) to ensure that California’s foster youth remain eligible to enroll in, and receive, discounts on lifeline telephone service pursuant to the eligibility criteria established in that decision.