Bill Text: CA AB2252 | 2021-2022 | Regular Session | Amended

California Assembly Bill 2252 (Prior Session Legislation)

Bill Title: Broadband infrastructure: disasters: reports.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-05-19 - In committee: Held under submission. [AB2252 Detail]

Download: California-2021-AB2252-Amended.html

Amended IN Assembly March 03, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2252

Introduced by Assembly Member Aguiar-Curry

February 16, 2022

An act to add Section 914.8 to the Public Utilities Code, relating to communications.

LEGISLATIVE COUNSEL'S DIGEST

AB 2252, as amended, Aguiar-Curry. Broadband infrastructure: disasters: reports.

Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including telephone corporations. Existing law requires the commission, in consultation with the Office of Emergency Services, to identify the need for telecommunications service systems not on customers’ premises to have backup electricity to enable telecommunications networks to function. Existing law requires the commission to report certain information to the Legislature.

This bill would, following a state or local disaster for which the Governor has issued a declaration of emergency, require the commission, within 12 months of the declaration of the emergency, to collect specified information from broadband service providers relating to the provider’s efforts to restore, repair, or replace broadband infrastructure that was damaged as a result of the disaster, as specified. The bill would require that the information collected from broadband service providers by the commission be broken down by each disaster, submitted annually in a report by the commission to the appropriate policy committees of the Legislature, and posted in a conspicuous area on the commission’s internet website. The bill would authorize the commission to require a broadband service provider to collect and forward to the commission any relevant information required to be collected by the commission and to make this information public, unless making the information public would present a security threat to the public, a threat to the property of the broadband service provider, or a threat to the employees of the broadband service provider. make that information public, consistent with the commission’s procedures.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
~~This bill would make legislative findings to that effect.~~

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 a violation of a commission action implementing its requirements would be a crime, the bill would impose a state-mandated local program.

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.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

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

SECTION 1.

Section 914.8 is added to the Public Utilities Code, to read:

914.8.

(a) For purposes of this section, the following terms have the following meanings:

(1) “Broadband service” means communications network facilities that enable high-speed internet access.

(2) “Broadband infrastructure” includes cable, fiber optic lines, digital subscriber lines (DSL), and fixed wireless services that enable high-speed internet access.

(b) Following a state or local disaster for which the Governor has issued a declaration pursuant to Section 8558 of the Government Code, within 12 months of the declaration, the commission shall collect all of the following information from broadband service providers relating to the provider’s efforts to restore, repair, or replace broadband infrastructure that was damaged as a result of the disaster:

(1) The extent of any damage to broadband infrastructure caused by the disaster, including the type of infrastructure damaged.

(2) The types of infrastructure used to restore broadband service capability following an outage caused by, or to repair or replace related broadband infrastructure damaged by, the disaster.

(3) The obstacles encountered by the broadband service provider in repairing or replacing broadband infrastructure.

(c) (1) The information collected from broadband service providers by the commission pursuant to subdivision (b) shall be broken down by each disaster and, consistent with paragraph (2) of subdivision (a) of Section 920, shall be submitted annually in a report by the commission to the appropriate policy committees of the Legislature, and posted in a conspicuous area on the commission’s internet website.

(2) The president of the commission shall annually present to the appropriate policy committees of the Legislature a summary of the information collected pursuant to subdivision (b). The summary may be presented at the same time that the president presents the annual report pursuant to Section 321.6.

(d) The commission may require a broadband service provider to collect and forward to the commission any relevant information required to be collected by the commission pursuant to subdivision (b) and may make this information public, unless making the information public would present a security threat to the public, a threat to the property of the broadband service provider, or a threat to the employees of the broadband service provider. When submitting information that is requested by the commission, a broadband service provider shall identify any information the disclosure of which might present a security threat to the public, a threat to the property of the broadband service provider, or a threat to the employees of the broadband service provider. make public the information submitted pursuant to this section, consistent with the commission’s procedures, including Section 583 and commission General Order 66-D, or a successor order.

(e) As part of the commission’s data collection requirements pursuant to this section, the commission shall seek to limit duplicative data requests.

(f) This section does not require the commission to revise or otherwise modify the requirements in commission Decision 20-07-011 (July 16, 2020), Decision Adopting Wireless Provider Resiliency Strategies, and commission Decision 21-02-029 (February 11, 2021), Decision Adopting Wireline Provider Resiliency Strategies.

SEC. 2.
The Legislature finds and declares that Section 1 of this act, which adds Section 914.8 to the Public Utilities Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
The interests in withholding information from the public that, if disclosed, presents a security threat to the public, to the property of a broadband service provider, or the employees of a broadband service provider outweighs the benefits of public disclosure of that information.

SEC. 3.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.