Added by Stats. 2002, Ch. 1091, Sec. 2. Effective January 1, 2003.
This article shall be known and may be cited as the Public Safety Communication Act of 2002.
Article 6.2 - Public Safety Communication Act of 2002
California Government Code — §§ 8592-8592.9
Sections (17)
Amended by Stats. 2013, Ch. 28, Sec. 6. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.
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 Office of Emergency Services, 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 Wildlife.
(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 Department of Technology.
(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.
Amended by Stats. 2006, Ch. 855, Sec. 2. Effective January 1, 2007.
(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.
Amended by Stats. 2006, Ch. 855, Sec. 3. Effective January 1, 2007.
(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).
Amended by Stats. 2006, Ch. 903, Sec. 3. Effective January 1, 2007.
(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.
Amended by Stats. 2013, Ch. 28, Sec. 7. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.
(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 Office of Emergency Services.
(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.
Amended by Stats. 2013, Ch. 28, Sec. 8. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.
(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.
(c)The Office of Emergency Services shall review the plans submitted pursuant to subdivision (a) for consistency with the technical requirements of the statewide integrated public safety communication strategic plan.
Added by Stats. 2016, Ch. 241, Sec. 1. (AB 1564) Effective January 1, 2017.
A “911” call, as described in Section 2896.1 of the Public Utilities Code, from a commercial mobile radio service telecommunications device may be routed to a public safety answering point other than the Department of the California Highway Patrol only if the alternate routing meets all of the following requirements:
(a)The “911” call originates from a location other than from a freeway, as defined in Section 23.5 of the Streets and Highways Code, under the jurisdiction of the Department of the California Highway Patrol.
(b)The alternate routing is economically and technologically feasible.
(c)The alternate routing will benefit public safety.
(d)The Department of the California Highway Patrol, the Office of Emergency Services, and the current or proposed alternate public safety answering point, in consultation with the wireless industry and local law enforcement officials, determine that it is in the best interest of the public, will provide more effective emergency service to the public to route “911” calls that do not originate from
a freeway, as defined in Section 23.5 of the Streets and Highways Code, or any other area in which the Department of the California Highway Patrol has jurisdiction to respond, to another public safety answering point, and will result in “911” calls being routed to the responsible responding jurisdiction that covers the location of the call origination point.
Added by Stats. 2016, Ch. 241, Sec. 2. (AB 1564) Effective January 1, 2017.
(a)The Office of Emergency Services shall take all necessary actions to maximize the efficiency of the “911” system.
(b)The office shall
require the Public Safety Communications Division to work with the Department of the California Highway Patrol and county coordinators to review call data on the routing of “911” cell phone traffic to assess whether wireless “911” calls should be routed to a local public safety answering point or a California Highway Patrol call center in order to determine the most efficient routing for wireless “911” calls, with a comprehensive statewide review and
routing decisionmaking process, both to be conducted annually.
(c)After completion of the annual comprehensive statewide review and routing decisionmaking process, a local fire, police, sheriff,
or emergency medical services agency, or a local public safety answering point, may submit a written request for a review of a specific cell sector based on the criteria specified in Section 8592.8 to the Public Safety Communications Division within the Office of Emergency Services.
(d)The office shall also require its Public Safety Communications Division to work with the wireless carriers to verify that all cell sector routing decisions made pursuant to
Section 8592.8 have been implemented.
Amended by Stats. 2020, Ch. 370, Sec. 128. (SB 1371) Effective January 1, 2021.
(a)This article shall be known, and may be cited, as the Manny Alert Act.
(b)It is the intent of the Legislature to explore the establishment of a statewide system under the management of the California Office of Emergency Services that provides the ability for public safety answering points to aid in dispatching activities. The statewide system would enable all Californians, including older adults, individuals with disabilities, and other at-risk persons, to voluntarily provide vital health and safety information to enable first responders to better assist them during an accident or emergency.
(c)It is also the intent of the Legislature that the statewide system would inform law enforcement, fire
departments, and emergency medical service personnel, who are planning for or responding to an emergency, with crucial information necessary for interacting with all Californians, especially older adults, individuals with disabilities, and other at-risk persons, so as to maximize the safety of these persons, minimize the likelihood of injury, and promote the safety of all individuals.
Added by Stats. 2019, Ch. 686, Sec. 1. (AB 911) Effective January 1, 2020.
For purposes of this article, “office” means the Office of Emergency Services.
Added by Stats. 2019, Ch. 686, Sec. 1. (AB 911) Effective January 1, 2020.
(a)The office, in consultation with any persons that the office determines are relevant experts and stakeholders, shall complete a study to determine the feasibility of developing a statewide system that would enable all Californians, including older adults, individuals with disabilities, and other at-risk persons, to voluntarily
provide vital health and safety information, with an encrypted connection, to be made available to all first responders in an emergency if a “911” call is placed.
(b)In considering the feasibility of the statewide system, the office shall consider all of the following in the study required by subdivision (a):
(1)That information submitted through the statewide system
is
confidential and not a public record. That the office and any third-party contractor or agent that assists with or administers the statewide system not disclose or otherwise communicate any or all information it receives from any person under the statewide system
orally, in writing, or by electronic or any other means to a third party except to inform law enforcement, fire department, and emergency medical service personnel at the scene of an emergency.
(2)That the technology used requires the person submitting the information to confirm the accuracy of that information and states that the information will be used only by public safety dispatch personnel and first responders solely for planning for and responding to emergencies would result in a “911” call.
(3)In order to maximize efficiency and contain costs, that
the statewide system incorporate, if the office determines it is consistent with public safety and technologically feasible, shared infrastructure and elements of other public safety and emergency communication networks, including, but not limited to, all of the following:
(A)Public safety communications identified in the annual plan required by subdivision
(b)of Section 15277.
(B) Local and regional public safety broadband networks authorized by the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5).
(C) Public safety broadband networks authorized by the federal Middle
Class Tax Relief and Job Creation Act of 2012 (Public Law 112-96).
(D) Public safety radio and communications facilities used for the purpose of public warnings pursuant to Section 15254.
(c)The office shall determine an estimate of the funding necessary to plan, test, implement, operate, and maintain the statewide system on an annual basis. The office shall include the funding estimate in the report required by subdivision (d).
(d)The office shall, by January 1, 2021, submit the
results of the study required by subdivision (a) in a report to the Legislature and the State 911 Advisory Board and make that report available to the public. The report to the Legislature shall be submitted in compliance with Section 9795.
Added by Stats. 2016, Ch. 508, Sec. 2. (AB 1841) Effective January 1, 2017.
As used in this article, the following definitions shall apply:
(a)“Critical infrastructure controls” means networks and systems controlling assets so vital to the state that the incapacity or destruction of those
networks, systems, or assets would have a debilitating impact on public health, safety, economic security, or any combination thereof.
(b)“Critical infrastructure information” means information not customarily in the public domain pertaining to any of the following:
(1)Actual, potential, or threatened interference with, or an attack on, compromise of, or incapacitation of critical infrastructure controls
by either physical or computer-based attack or other similar conduct, including, but not limited to, the misuse of, or unauthorized access to, all types of communications and data transmission systems, that violates federal, state, or local law or harms public health, safety, or economic security, or any combination thereof.
(2)The ability of critical infrastructure controls to resist any interference, compromise, or incapacitation, including, but not limited to, any planned or past
assessment or estimate of the vulnerability of critical
infrastructure.
(3)Any planned or past operational problem or solution
regarding critical infrastructure controls, including, but not limited to, repair, recovery, reconstruction, insurance, or continuity, to the extent it is related to interference, compromise, or incapacitation of critical infrastructure controls.
(c)“Department” means the Department of Technology.
(d)“Office” means the Office of Emergency Services.
(e)“Secretary” means the secretary of each state agency as set forth in subdivision (a) of Section 12800.
(f)“State agency” or “state agencies” means the
same as “state agency” as set forth in Section 11000.
Amended by Stats. 2017, Ch. 790, Sec. 1. (AB 1022) Effective January 1, 2018.
(a)(1) On or before July 1, 2018, the department shall, in consultation with the office and compliance with Section 11549.3, update the Technology Recovery Plan element of the State Administrative Manual to ensure the inclusion of cybersecurity strategy incident response standards for each state agency to secure its critical infrastructure controls and critical infrastructure information.
(2)In updating the standards in paragraph (1), the department shall consider, but not be limited to considering, all of the following:
(A)Costs to implement the standards.
(B)Security of critical infrastructure information.
(C)Centralized management of risk.
(D)Industry best practices.
(E)Continuity of operations.
(F)Protection of personal information.
(b)Each state agency shall provide the department with a copy of its updated Technology Recovery Plan.
(c)Each state agency shall, as part of its Technology Recovery Plan, provide the department with an inventory of all critical infrastructure controls, and their associated assets, in the possession of the
agency.
Amended by Stats. 2017, Ch. 790, Sec. 2. (AB 1022) Effective January 1, 2018.
(a)Each state agency shall report on its compliance with the standards updated pursuant to Section 8592.35 to the department in the manner and at the time directed by the department, but no later than July 1, 2019.
(b)At the request of the department, any local entity that receives state funds
for the purposes of storing, sharing, or transmitting data, or in support of an information technology project with a state entity, may submit a Technology Recovery Plan, as specified by Section 8592.35, to the department.
(c)The department, in conjunction with the office, may provide suggestions for a state agency or local entity that provided a Technology Recovery Plan pursuant to subdivision (b) to improve compliance with the standards developed pursuant to Section 8592.35, if any, to the head of the state agency and the secretary responsible for the state agency or the head of the local
entity.
For a state agency that is not under the responsibility of a secretary, the department shall provide any suggestions to the head of the state agency and the Governor.
Amended by Stats. 2021, Ch. 615, Sec. 155. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.
The information required by subdivisions (b) and (c) of Section 8592.35, the report required by subdivision (a) of Section 8592.40, the plan authorized by subdivision (b) of Section 8592.40, and any public records relating to any communication made pursuant to, or in furtherance of the purposes of, subdivision (c) of Section 8592.40 are confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1).
Added by Stats. 2022, Ch. 820, Sec. 2. (SB 892) Effective January 1, 2023.
(a)(1) The office shall direct the California Cybersecurity Integration Center to prepare a strategic, multiyear outreach plan that focuses on ways to assist the food and agriculture sector and the water and wastewater sector in their efforts to improve cybersecurity and that includes, but is not limited to, all of the following:
(A) A description of the need for greater cybersecurity outreach and assistance to the food and agriculture sector and the
water and wastewater sector.
(B) The goal of the outreach plan.
(C) Methods for coordinating with other state and federal agencies, nonprofit organizations, and associations that provide cybersecurity services or resources for the food and agricultural sector and the water and wastewater sector.
(D) An estimate of the funding needed to execute the outreach plan.
(E) Potential funding sources for the funding needed by the California Cybersecurity Integration Center for the plan.
(F) A plan to evaluate the success of the outreach plan that includes quantifiable measures of success.
(2)The office shall submit the outreach plan prepared pursuant to this subdivision to the Legislature, pursuant to Section 9795, no later than January 1, 2024. The requirement for submitting a report imposed by this paragraph is inoperative on January 1, 2028, pursuant to Section 10231.5.
(b)(1) The office shall direct the California Cybersecurity Integration Center to evaluate options for providing entities in the food and agriculture sector or the water and wastewater sector with grants or alternative forms
of funding to improve cybersecurity preparedness. Upon completion of the evaluation, the office shall submit a report to the Legislature, pursuant to Section 9795, no later than January 1, 2024, that includes, but is not limited to, all of the following:
(A) A summary of the evaluation performed by the California Cybersecurity Integration Center.
(B) The specific grants and forms of funding for improved cybersecurity preparedness, including, but not limited to, the following:
(i)Current overall funding level.
(ii) Potential funding sources.
(C) Potential voluntary actions that do not require
funding and assist the food and agriculture sector and the water and wastewater sector in their efforts to improve cybersecurity preparedness.
(2)The requirement for submitting a report imposed by this subdivision is inoperative on January 1, 2028, pursuant to Section 10231.5.