2010 California Code
Government Code
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) "Backward compatibility" means that the equipment is able to
function with older, existing equipment.
   (b) "Committee" means the Public Safety Radio Strategic Planning
Committee, that 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 that
consists of representatives of the following state entities:
   (1) The California Emergency Management Agency, who shall serve as
chairperson.
   (2) The Department of the California Highway Patrol.
   (3) The Department of Transportation.
   (4) The Department of Corrections and Rehabilitation.
   (5) The Department of Parks and Recreation.
   (6) The Department of Fish and Game.
   (7) The Department of Forestry and Fire Protection.
   (8) The Department of Justice.
   (9) The Department of Water Resources.
   (10) The State Department of Public Health.
   (11) The Emergency Medical Services Authority.
   (12) The California Technology Agency.
   (13) The Military Department.
   (14) The Department of Finance.
   (c) "First response agencies" means public agencies that, in the
early stages of an incident, are responsible for, among other things,
the protection and preservation of life, property, evidence, and the
environment, including, but not limited to, state fire agencies,
state and local emergency medical services agencies, local sheriffs'
departments, municipal police departments, county and city fire
departments, and police and fire protection districts.
   (d) "Nonproprietary equipment or systems" means equipment or
systems that are able to function with another manufacturer's
equipment or system regardless of type or design.
   (e) "Open architecture" means a system that can accommodate
equipment from various vendors because it is not a proprietary
system.
   (f) "Public safety radio subscriber" means the ultimate end user.
Subscribers include individuals or organizations, including, for
example, local police departments, fire departments, and other
operators of a public safety radio system. Typical subscriber
equipment includes end instruments, including mobile radios,
hand-held radios, mobile repeaters, fixed repeaters, transmitters, or
receivers that are interconnected to utilize assigned public safety
communications frequencies.
   (g) "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.



8592.2.  (a) The committee shall have primary responsibility in
state government for both of the following:
   (1) 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 other first response agencies, as the committee deems
appropriate.
   (2) Coordinating other shared uses of the public safety spectrum
consistent with decisions and regulations of the Federal
Communications Commission.
   (b) 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.
   (c) The committee shall meet at least twice a year, of which one
meeting shall be a joint meeting with the California Statewide
Interoperability Executive Committee to enhance coordination and
cooperation at all organizational levels and a cohesive approach to
communications interoperability.



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.
   (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 public safety radio subscriber equipment
that will enable state agencies to commence conforming to industry
and governmental standards for interoperability as set forth in
Section 8592.5. As technology continues to evolve, the committee
shall recommend the purchase of nonproprietary equipment or systems
that have open architecture and backward compatibility, and that are
in compliance with paragraphs (1) and (2) of subdivision (a) of
Section 8592.5.
   (b) The committee may recommend to any other federal, state,
regional, or local entity with responsibility for developing,
operating, or monitoring interoperability of the public safety
spectrum, the purchase of public safety radio subscriber equipment
that will enable first response agencies to commence conforming to
industry and governmental standards for interoperability as set forth
in paragraphs (1) and (2) of subdivision (a) of Section 8592.5. As
technology continues to evolve, the committee may recommend the
purchase of nonproprietary equipment or systems that have open
architecture and backward compatibility, and that are in compliance
with paragraphs (1) and (2) of subdivision (a) of Section 8592.5.
   (c) This section does not mandate that a state or local
governmental agency affected by this section 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 (c), 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 Association of 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) Except as provided in subdivision (c), a local first response
agency that purchases public safety radio communication equipment, in
whole or in part, with state funds or federal funds administered by
the state, shall ensure that the equipment purchased complies with
paragraphs (1) and (2) of subdivision (a).
   (c) Subdivision (a) or (b) 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 California Technology Agency.
   (2) Purchases of equipment for existing statewide low-band public
safety communications systems.
   (d) This section may not be construed to require an affected state
or local governmental agency to compromise its immediate mission or
ability to function and carry out its existing responsibilities.



8592.7.  (a) A budget proposal submitted by a state agency for
support of a new or modified radio system shall be accompanied by a
technical project plan that includes all of the following:
   (1) The scope of the project.
   (2) Alternatives considered.
   (3) Justification for the proposed solution.
   (4) A project implementation plan.
   (5) A proposed timeline.
   (6) Estimated costs by fiscal year.
   (b) The committee shall review the plans submitted pursuant to
subdivision (a) for consistency with the statewide integrated public
safety communication strategic plan included in the annual report
required pursuant to Section 8592.6.
   (c) The California Technology Agency shall review the plans
submitted pursuant to subdivision (a) for consistency with the
technical requirements of the statewide integrated public safety
communication strategic plan included in the annual report required
pursuant to Section 8592.6.