2005 California Government Code Sections 8592-8592.6 Article 6.2. Public Safety Communication Act of 2002

8592.  This article shall be known and may be cited as the Public
Safety Communication Act of 2002.
8592.1.  For purposes of this article, the following terms have the
following meanings:
   (a) "Public safety spectrum" means the spectrum allocated by the
Federal Communications Commission for operation of interoperable and
general use radio communication systems for public safety purposes
within the state.
   (b) "Committee" means the Public Safety Radio Strategic Planning
Committee, which was established in December 1994 in recognition of
the need to improve existing public radio systems and to develop
interoperability among public safety departments, and between state
public safety departments and local or federal entities and which
consists of representatives of the following state entities:
   (1) The California Highway Patrol.
   (2) The Department of Transportation.
   (3) The Department of Corrections.
   (4) The Department of Parks and Recreation.
   (5) The Department of Fish and Game.
   (6) The Department of Forestry and Fire Protection.
   (7) The Department of Justice.
   (8) The Department of Water Resources.
   (9) The Office of Emergency Services.
   (10) The Emergency Medical Services Authority.
   (11) The Department of the Youth Authority.
   (12) The Department of General Services.
   (13) The Office of Homeland Security.
8592.2.  (a) The committee shall have primary responsibility in
state government for developing and implementing a statewide
integrated public safety communication system that facilitates
interoperability among state public safety departments listed in
subdivision (b) of Section 8592.1 and coordinates other shared uses
of the public safety spectrum consistent with decisions and
regulations of the Federal Communications Commission.  In order to
facilitate effective use of the public safety spectrum, the committee
shall consult with any regional planning committee or other federal,
state, or local entity with responsibility for developing,
operating, or monitoring interoperability of the public safety
spectrum.
   (b) The committee shall elect from among its members a chair with
responsibility for leadership in implementing this article.
8592.3.  (a) The committee shall consult with the following
organizations and entities:
   (1) California State Peace Officers Association.
   (2) California Police Chiefs Association.
   (3) California State Sheriffs' Association.
   (4) California Professional Firefighters.
   (5) California Fire Chiefs Association.
   (6) California State Association of Counties.
   (7) League of California Cities.
   (8) California State Firefighters Association.
   (9) California Coalition of Law Enforcement Associations.
   (10) California Correctional Peace Officers Association.
   (11) CDF Firefighters.
   (12) California Union of Safety Employees.
   (13) The Military Department.
   (b) Each organization or entity listed in subdivision (a) may
designate a representative to work with the committee to develop
agreements for interoperability or other shared use of the public
safety spectrum between the state public safety departments listed in
subdivision (b) of Section 8592.1 and local or federal agencies that
operate a communication system on the public safety spectrum and
that have capacity and technical ability for interoperability or
other shared use.
   (c) The committee shall develop a model memorandum of
understanding that sets forth general terms for interoperability or
other shared uses among jurisdictions, which may be modified as
necessary for a particular agreement entered into pursuant to
subdivision (b).
   (d) A local agency may not be required to adopt the model
memorandum of understanding developed pursuant to subdivision (c).
8592.4.  (a) The committee shall determine which state public safety
departments listed in subdivision (b) of Section 8592.1 need new or
upgraded communication equipment and shall establish a program for
equipment purchase. In establishing this program, the committee shall
recommend the purchase of equipment that will enable state agencies
to commence conforming to accepted industry standards for
interoperability specified in subdivision (a) of Section 8592.5.
   (b) This section may not be construed to mandate that a state or
local governmental agency affected thereby is required to compromise
its immediate mission or ability to function and carry out its
existing responsibilities.
8592.5.  (a) Except as provided in subdivision (b), a state
department that purchases public safety radio communication equipment
shall ensure that the equipment purchased complies with applicable
provisions of the following:
   (1) The common system standards for digital public safety radio
communications commonly referred to as the "Project 25 Standard," as
that standard may be amended, revised, or added to in the future
jointly by the Associated Public-Safety Communications Officials,
Inc., National Association of State Telecommunications Directors and
agencies of the Federal Government, commonly referred to as
"APCO/NASTD/FED."
   (2) The operational and functional requirements delineated in the
Statement of Requirements for Public Safety Wireless Communications
and Interoperability developed by the SAFECOM Program under the
United States Department of Homeland Security.
   (b) Subdivision (a) shall not apply to either of the following:
   (1) Purchases of equipment to operate with existing state or local
communications systems where the latest applicable standard will not
be compatible, as verified by the Telecommunications Division of the
Department of General Services.
   (2) Purchases of equipment for existing statewide low-band public
safety communications systems.
   (c) This section may not be construed to require an affected state
governmental agency to compromise its immediate mission or ability
to function and carry out its existing responsibilities.
8592.6.  (a) The committee shall report to the Legislature by
January 1 of each year on the committee's progress in implementing
this article.
   (b) The report will include a complete listing of purchases by
state departments of public safety radio communications equipment,
for which a waiver of subdivision (a) of Section 8592.5 was granted
by the committee.