2009 California Government Code - Section 53100-53120 :: Article 6. Local Emergency Telephone Systems

GOVERNMENT CODE
SECTION 53100-53120

53100.  (a) This article shall be known and may be cited as the
Warren-911-Emergency Assistance Act.
   (b) The Legislature hereby finds and declares that it is in the
public interest to shorten the time required for a citizen to request
and receive emergency aid. There currently exist thousands of
different emergency phone numbers throughout the state, and present
telephone exchange boundaries and central office service areas do not
necessarily correspond to public safety and political boundaries.
Provision of a single, primary three-digit emergency number through
which emergency services can be quickly and efficiently obtained
would provide a significant contribution to law enforcement and other
public service efforts by making it less difficult to quickly notify
public safety personnel. Such a simplified means of procuring
emergency services will result in the saving of life, a reduction in
the destruction of property, quicker apprehension of criminals, and
ultimately the saving of money. The Legislature further finds and
declares that the establishment of a uniform, statewide emergency
number is a matter of statewide concern and interest to all
inhabitants and citizens of this state. It is the purpose of this act
to establish the number "911" as the primary emergency telephone
number for use in this state and to encourage units of local
government and combinations of such units to develop and improve
emergency communication procedures and facilities in such a manner as
to be able to quickly respond to any person calling the telephone
number "911" seeking police, fire, medicial, rescue, and other
emergency services.

53101.  "Public agency," as used in this article, means the state,
and any city, county, city and county, municipal corporation, public
district, or public authority located in whole or in part within this
state which provides or has authority to provide firefighting,
police, ambulance, medical, or other emergency services.

53102.  "Public safety agency," as used in this article, means a
functional division of a public agency which provides firefighting,
police, medical, or other emergency services.

53103.  "Direct dispatch method," as used in this article, means a
telephone service providing for the dispatch of an appropriate
emergency service unit upon receipt of a telephone request for such
services and a decision as to the proper action to be taken.

53104.  "Relay method," as used in this article, means a telephone
service whereby pertinent information is noted by the recipient of a
telephone request for emergency services, and is relayed to
appropriate public safety agencies or other providers of emergency
services for dispatch of an emergency service unit.

53105.  "Transfer method," as used in this article, means a
telephone service which receives telephone requests for emergency
services and directly transfers such requests to an appropriate
public safety agency or other provider of emergency services.

53106.  "Referral method," as used in this article, means a
telephone service which, upon the receipt of a telephone request for
emergency services, provides the requesting party with the telephone
number of the appropriate public safety agency or other provider of
emergency services. The use of the referral method shall only be used
for nonemergency situations.

53107.  "Basic system," as used in this article, means a telephone
service which automatically connects a person dialing the digits "911"
to an established public safety answering point through normal
telephone service facilities.

53108.  "Sophisticated system," as used in this article, means a
basic system with the additional capability of automatic
identification of the caller's number, holding the incoming call,
reconnection on the same telephone line, clearing a telephone line,
or automatic call routing or combinations of such capabilities.

53108.1.  "Incremental costs", as used in this article, mean any
costs necessary for the establishment of a system required by this
article and recommended for reimbursement by the advisory committee
established by Section 53115.1 other than costs for (1) a basic
system, (2) a basic system with telephone central office
identification, or (3) a system employing automatic call routing,
which are reasonable, necessary and unique for the planning and
efficient implementation of a local agency's 911 system.

53108.5.  "Communications Division," as used in this article, means
the Communications Division of the Department of General Services.

53109.  Every local public agency within its respective jurisdiction
shall establish and have in operation by December 31, 1985, a basic
system as provided in this article, or be part of such a system.
   The establishment of such systems shall be centralized to the
extent feasible. Nothing in this article shall be construed to
prohibit or discourage in any way the formation of
multijurisdictional or regional systems, and any system established
pursuant to this article may include the territory of more than one
public agency or may include a segment of the territory of a public
agency.

53109.5.  The Legislature finds and declares that environmental
considerations in the Tahoe region have halted or delayed the
development of facilities necessary for the establishment of a local
emergency telephone system in that area.
   Accordingly, local public agencies in the Tahoe region, as defined
in subdivision (a) of Article II of Section 66801 of the Government
Code, shall comply with Section 53109 by December 31, 1986, rather
than by December 31, 1985.

53110.  Every system shall include police, firefighting, and
emergency medical and ambulance services, and may include other
emergency services, in the discretion of the affected local public
agency, such as poison control services, suicide prevention services,
and civil defense services. The system may incorporate private
ambulance service. In those areas in which a public safety agency of
the state provides such emergency services, the system shall include
such public safety agencies.

53111.  The digits "911" shall be the primary emergency telephone
number within the system, but a public agency or public safety agency
may maintain a separate secondary backup number, and shall maintain
a separate number for nonemergency telephone calls.

53112.  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.
   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.
   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 2831 of the
Public Utilities Code.

53113.  The Legislature finds that, because of overlapping
jurisdiction of public agencies, public safety agencies, and
telephone service areas, a general overview or plan should be
developed prior to the establishment of any system. In order to
insure that proper preparation and implementation of such systems is
accomplished by all public agencies by December 31, 1985, the
Communications Division, with the advice and assistance of the
Attorney General, shall secure compliance by public agencies as
provided in this article.

53114.  The Communications Division, with the advice and assistance
of the Attorney General, shall coordinate the implementation of
systems established pursuant to the provisions of this article. The
Communications Division, with the advice and assistance of the
Attorney General, shall assist local public agencies and local public
safety agencies in obtaining financial help to establish emergency
telephone service, and shall aid such agencies in the formulation of
concepts, methods, and procedures which will improve the operation of
systems required by this article and which will increase cooperation
between public safety agencies.

53114.1.  To accomplish the responsibilities specified in this
article, the Communications Division is directed to consult at
regular intervals with the State Fire Marshal, the State Department
of Health Services, the Governor's Office of Traffic Safety, the
Office of Emergency Services, the California Council on Criminal
Justice, a local representative from a city, a local representative
from a county, the public utilities in this state providing telephone
service, the Associated Public Safety Communications Officers, the
Emergency Medical Services Authority, the Department of the
California Highway Patrol, and the Department of Forestry and Fire
Protection. These agencies shall provide all necessary assistance and
consultation to the Communications Division to enable it to perform
its duties specified in this article.

53114.2.  Technical and operational standards for the development of
the public agency systems shall be established and reviewed by the
Communications Division on or before December 31, 1973, after
consultation with all agencies specified in Section 53114.1. On or
before December 31, 1976, and each even-numbered year thereafter,
after consultation with all agencies specified in Section 53114.1,
the Communications Division shall review and update technical and
operational standards for public agency systems.

53115.  (a) On or before January 31, 1975, all public agencies shall
submit tentative plans for the establishment of a system required by
this article to the public utility or utilities providing public
telephone service within the respective jurisdiction of each public
agency. A copy of each such plan shall be filed with the
Communications Division.
   (b) On or before October 1, 1978, all public agencies shall submit
final plans to the Communications Division for approval. The final
plan shall identify all planning, implementation, installation, and
operating costs the local agency feels necessary to implement the
system required by this article. On or before July 1, 1981, all
public agencies shall place a firm order as approved by the
Communications Division to the utility or utilities providing
telephone service to the public agency, and shall make arrangements
with such utilities for the implementation of the planned emergency
telephone system no later than December 31, 1985. If the Legislature
fails to take action as specified in Section 41030 of the Revenue and
Taxation Code prior to January 1, 1981, then the dates specified for
ordering and implementation of a system shall be respectively
postponed by the number of years elapsing between 1981 and the year
in which the Legislature acts.
   (c) If any public agency has implemented or is a part of a system
required by this article on a deadline specified in subdivision (a)
or (b), such public agency shall submit in lieu of the tentative or
final plan a report describing the system and stating its operational
date.
   (d) Plans filed pursuant to subdivisions (a) and (b) shall conform
to minimum standards established pursuant to Section 53114.2.
   (e) The Communications Division shall monitor all emergency
telephone systems to ensure they comply with minimal operational and
technical standards as established by the division. If any system
does not comply the Communications Division shall notify in writing
the public agency or agencies operating the system of its
deficiencies. The public agency shall bring the system into
compliance with the operational and technical standards within 60
days of notice by the division. Failure to comply within such time
shall subject the public agency to action by the Attorney General
pursuant to Section 53116.

53115.1.  (a) There is in state government the State 911 Advisory
Board.
   (b) The advisory board shall be comprised of the following members
appointed by the Governor who shall serve at the pleasure of the
Governor.
   (1) The Chief of the California 911 Emergency Communications
Office shall serve as the nonvoting chair of the board.
   (2) One representative from the Department of the California
Highway Patrol.
   (3) Two representatives on the recommendation of the California
Police Chiefs Association.
   (4) Two representatives on the recommendation of the California
State Sheriffs' Association.
   (5) Two representatives on the recommendation of the California
Fire Chiefs Association.
   (6) Two representatives on the recommendation of the CalNENA
Executive Board.
   (7) One representative on the joint recommendation of the
executive boards of the state chapters of the Association of
Public-Safety Communications Officials-International, Inc.
   (c) Recommending authorities shall give great weight and
consideration to the knowledge, training, and expertise of the
appointee with respect to their experience within the California 911
system. Board members should have at least two years of experience as
a Public Safety Answering Point (PSAP) manager or county
coordinator, except where a specific person is designated as a
member.
   (d) Members of the advisory board shall serve at the pleasure of
the Governor, but may not serve more than two consecutive two-year
terms, except as follows:
   (1) The presiding Chief of the California 911 Emergency
Communications Office shall serve for the duration of his or her
tenure.
   (2) Four of the members shall serve an initial term of three
years.
   (e) Advisory board members shall not receive compensation for
their service on the board, but may be reimbursed for travel and per
diem for time spent in attending meetings of the board.
   (f) The advisory board shall meet quarterly in public sessions in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 2 of Part 1 of Division 3
of Title 2). The Telecommunications Division shall provide
administrative support to the State 911 Advisory Board. The State 911
Advisory Board, at its first meeting, shall adopt bylaws and
operating procedures consistent with this article and establish
committees as necessary.
   (g) Notwithstanding any other provision of law, any member of the
advisory board may designate a person to act as that member in his or
her place and stead for all purposes, as though the member were
personally present.

53115.2.  (a) The State 911 Advisory Board shall advise the
Telecommunications Division of the Department of General Services on
all of the following subjects:
   (1) Policies, practices, and procedures for the California 911
Emergency Communications Office.
   (2) Technical and operational standards for the California 911
system consistent with the National Emergency Number Association
(NENA) standards.
   (3) Training standards for county coordinators and Public Safety
Answering Point (PSAP) managers.
   (4) Budget, funding, and reimbursement decisions related to the
State Emergency Number Account.
   (5) Proposed projects and studies conducted or funded by the State
Emergency Number Account.
   (6) Expediting the rollout of Enhanced 911 Phase II technology.
   (b) Upon request of a local public agency, the board shall conduct
a hearing on any conflict between a local public agency and the
Telecommunications Division regarding a final plan that has not been
approved by the Telecommunications Division pursuant to Section
53114. The board shall meet within 30 days following the request, and
shall make a recommendation to resolve the conflict to the
Telecommunications Division within 90 days following the initial
hearing by the board pursuant to the request.

53115.3.  When proposed implementation of the 911 system by a single
public agency within its jurisdiction may adversely affect the
implementation of the system by a neighboring public agency or
agencies, such neighboring public agency may request that the
Communications Division evaluate the impact of implementation by the
proposing public agency and evaluate and weigh that impact in its
decision to approve or disapprove the proposing public agency's final
plan pursuant to Section 53115. In order to effectuate this process,
each city shall file a notice of filing of its final plan with each
adjacent city and with the county in which the proposing public
agency is located at the same time such final plan is filed with the
Communications Division and each county shall file a notice of filing
of its final plan with each city within the county and each adjacent
county at the time such final plan is filed with the Communications
Division. Any public agency wishing to request review pursuant to
this section shall file its request with the division within 30 days
of filing of the final plan for which review is sought.

53116.  The Attorney General may, in behalf of the Communications
Division or on his own initiative, commence judicial proceedings to
enforce compliance by any public agency or public utility providing
telephone service with the provisions of this article.

53118.  The Legislature declares that a major purpose in enacting
this article is to eliminate instances in which a responding
emergency service refuses to render aid to the requester because the
requester is outside of the jurisdictional boundaries of the
emergency service. A public safety agency which receives a request
through the system for emergency services outside its jurisdictional
boundaries shall transmit the request to the proper public safety
answering point or public safety agency utilizing the methods
described in Sections 53103 to 53105, inclusive. In the event an
emergency unit is dispatched in response to a request through the
system, such unit shall render its services to the requesting party
without regard to whether the unit is operating outside its normal
jurisdictional boundaries until properly relieved by the public
safety agency responsible for that geographical area. Public agencies
within a single system and public agencies in different systems but
whose jurisdictional boundaries are contiguous are authorized to
enter into joint powers agreements or any other form of written
cooperative agreement to implement this requirement. These agreements
may further provide for a public safety agency to render aid outside
its normal jurisdictional boundaries when need arises on a
day-to-day basis.

53119.  Any telephone corporation serving rural telephone areas
which cannot currently provide enhanced "911" emergency telephone
service capable of selective routing, automatic number
identification, or automatic location identification shall present to
the communications division a comprehensive plan detailing a
schedule by which those facilities will be converted to be compatible
with the enhanced emergency telephone system.

53120.  The communications division shall not delay implementation
of the enhanced "911" emergency telephone system in those portions of
cities or counties, or both, served by a local telephone corporation
that has equipment compatible with the enhanced "911" emergency
telephone system.

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