Bill Text: CA SB129 | 2013-2014 | Regular Session | Introduced

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

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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-Introduced.html

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BILL NUMBER: SB 129	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wright

                        JANUARY 23, 2013

   An act to amend Section 2881 of the Public Utilities Code,
relating to telecommunications, and declaring the urgency thereof, to
take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 129, as introduced, Wright. Deaf and disabled
telecommunications program.
   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 report specified
information relative to the fiscal status of the programs to the
Legislature on or before December 31 of each year.
   This bill would extend imposition of the surcharge until January
1, 2024. The bill would extend the reporting requirements until
January 1, 2025.
   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.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  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 (i), to recover costs as they are incurred under this section.
The surcharge shall be in effect until January 1,  2014
    2024  . 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) (1) The commission shall expand the program created by this
section to include assistance to individuals with speech disabilities
that impair the individual's access to, and use of, the telephone
network. The commission shall ensure that speech-generating devices,
accessories, and mounting systems, and specialized telecommunications
equipment, including infrared telephones, speaker phones, and
telephone interface devices, are funded through the program.
   (2) The commission shall ensure that only individuals who are both
residents of the state and speech impaired as certified by a
licensed physician, licensed speech-language pathologist, or
qualified state or federal agency are eligible.
   (3) The commission shall provide to each eligible applicant the
appropriate equipment consistent with the recommendation of a
licensed speech-language pathologist.
   (4) The commission shall ensure that the equipment provided
pursuant to this subdivision is consistent with the economy,
efficiency, and quality of equipment that is available for purchase
in the state.
   (j) The commission may direct a telephone corporation subject to
its jurisdiction to comply with its determinations and specifications
pursuant to this section.
   (k) The commission shall annually review the surcharge level and
the balances in the funds established pursuant to subdivision (g).
Until January 1,  2014     2024  ,
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.
   (l) The commission shall prepare and submit to the Legislature, on
or before December 31 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),
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.
   (m) The report described in subdivision (l) that is due no later
than December 31, 2013, 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.
   (n) 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.
   (o) 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.
   (p) (1) The requirement for submitting a report imposed under
subdivision (l) is inoperative on January 1,  2016 
   2025  , pursuant to Section 10231.5 of the
Government Code.
   (2) A report submitted pursuant to subdivision (l) shall be
submitted in compliance with Section 9795 of the Government Code.
  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 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.