BILL NUMBER: AB 2737INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Block FEBRUARY 19, 2010 An act to add Article 6.7 (commencing with Section 53128) to Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code, relating to telecommunications. LEGISLATIVE COUNSEL'S DIGEST AB 2737, as introduced, Block. "211" telephone number system. Existing law requires a public safety agency, as defined, to maintain a "911" emergency telephone number, as specified, and sets forth the duties of the Division of Telecommunications of the Department of General Services, including the provision of management oversight of statewide telecommunications developments. Existing law authorizes a local public agency, as defined, to establish a nonemergency "311" telephone system, and authorizes the Division of Telecommunications to, among other things, aid local public agencies in the formulation of concepts, methods, and procedures that will improve the operation of the "311" systems and to increase cooperation among public agencies. This bill would authorize the Public Utilities Commission to designate a lead entity for the implementation of a "211" abbreviated telephone dialing system throughout the state to provide information and referral services in accordance with applicable federal law. The bill would provide that a 211 information and referral services provider and its employees, directors, officers, agents, or any public or nonprofit agency that provides information to a "211" system are not liable to any person in a civil action for injuries or losses to persons or property, as a result of an act or omission of the provider or its employees, directors, officers, or agents, in connection with certain specified activities, unless the act or omission constitutes willful or wanton misconduct. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. (a) The Legislature hereby finds and declares all of the following: (1) Californians need easy-to-find, easy-to-access information for their social services needs as provided by "211" call centers. (2) Californians experience major disasters every year and need up-to-date, accurate information during those disasters in a manner that prevents overloading "911" systems with nonemergency calls. (3) Over the past several years, California has experienced major wildfire and other natural disasters where the population either benefited from, or could have benefited from, a "211" system that provided information regarding evacuation, shelters, and other services. (4) In 2008, "211" call centers in California handled over 1.2 million calls to assist people in finding the help they needed. (5) At a time of great economic crisis, with "211" call centers experiencing a 40-percent increase in calls for help, "211" is more important than ever to providing Californians access to the information and services they need. (6) California families are struggling in this economic recession. With the unemployment rate surpassing 10 percent in the state, many workers are losing their jobs, their homes, and their health care. All too often, families and individuals don't know where to turn for help. "211" is an easy-to-remember number that provides access to telephone and Internet-based means to connect people to the help they need now, and allows the caller to speak to a live person about his or her needs. (7) Many Californians, including senior citizens, people with disabilities, and low-income families, have restricted mobility. Where available, Californians can call "211" to obtain information on transportation services or other social services in order to help them maintain their independence. (8) Many of the counties that do not have a "211" system lack the resources to plan and implement a "211" system on their own. These counties need the assistance of the state and federal governments to help their residents access health and human service programs and disaster response information. (9) In authorizing the use of the "211" dialing code, the Federal Communications Commission found that "[i]ndividuals facing serious threats to life, health, and mental well-being have urgent and critical needs that are not addressed by dialing 9-1-1 for emergency assistance or 3-1-1 for nonemergency police assistance." (10) Californians need help navigating the sea of telephone help lines available to assist them, many of which rely on automated menu systems, only provide recorded information, or lack the capability to provide multilingual service or evening and weekend service. Research shows it sometimes takes a caller as many as eight separate calls to be connected with the appropriate resource. The "211" system allows those in need to make one free call to access the information and resources they need, in 140 different languages, 24 hours a day. (11) The 2-1-1 California Partnership (2-1-1 California), a partnership of the California Alliance of Information and Referral Services (CAIRS) and the United Ways of California, currently coordinates statewide planning and research activities and provides leadership for "211" systems in California. 2-1-1 California has worked with key state agencies to establish and improve "211" systems in California, including the Public Utilities Commission, the California Emergency Management Agency, the State 911 Advisory Board, the California Health and Human Services Agency, California Volunteers, the Department of Transportation, the Department of Food and Agriculture, and the Department of Veterans Affairs. (12) 2-1-1 California is governed under the leadership of CAIRS and the United Ways of California, which are the main entities in the state that provide funding, training, standards, and technical support to the "211" call centers and oversee operations and planning for expanding "211" coverage statewide. (13) Currently, there are 23 California counties with established "211" systems, serving 87 percent of the state's population. All "211" call centers in California look to 2-1-1 California for direction, guidance, and leadership. (14) Federal legislation, H.R.211 and S.211, which would direct grants to each state to carry out a program for making available throughout that state the 211 telephone service for information and referral on human services, is close to passing in 2010. There are currently 191 bipartisan cosponsors in the House of Representatives, and 56 in the Senate. CAIRS and United Way expect this authorizing legislation to pass this year, and appropriations to begin in 2011. (b) It is the intent of the Legislature to do all of the following: (1) Ensure that the state has a process for complying with federal law that will require each state to have a 211 lead entity to coordinate the distribution of federal funds and to ensure that the state's 211 system is in compliance with federal requirements. (2) Ensure that all Californians have access to an easy-to-remember, toll-free number that can help them access the information, services, and benefits they need from public and nonprofit social service and emergency service providers. (3) Ensure that the state has a more efficient and cost-beneficial way to provide information, while saving public agencies the costs of operating many help lines and reducing misdirected service requests from the general public. SEC. 2. Article 6.7 (commencing with Section 53128) is added to Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code, to read: Article 6.7. 211 Telephone Dialing System for Nonemergency Information and Referral Service 53128. (a) As used in this article, "211 information and referral service provider" means an information and referral service provider authorized by the Public Utilities Commission to use the "211" abbreviated telephone dialing code, the primary purpose of which is to maintain information about human service resources in the service area and to link people who need assistance with appropriate service providers and to supply descriptive information about existing service providers. (b) Except as specified in subdivision (c), a 211 information and referral service provider and its employees, directors, officers, agents, or any public or nonprofit agency that provides information to a "211" system, are not liable to any person in a civil action for injuries or losses to persons or property, as a result of an act or omission of the authorized information and referral service provider and its employees, directors, officers, agents, or any public or nonprofit agency that supplies information to a "211" system, in connection with any of the following: (1) Developing, adopting, implementing, maintaining, or operating a "211" system. (2) Making "211" available for use by the public. (3) Providing "211" services. (c) Subdivision (b) is not applicable to injuries or losses resulting from the willful or wanton misconduct of the information and referral service provider or its employees, directors, officers, agents, or any public or nonprofit agency that supplies information to a "211" system. 53128.1. (a) The Public Utilities Commission may designate a lead entity, as provided in subdivision (b), for the implementation of a "211" abbreviated telephone dialing system throughout the state in accordance with applicable federal law. (b) The lead entity may be a state agency, the Public Utilities Commission, an entity that exists by order or decision of the Public Utilities Commission, or a collaborative entity established for that purpose from among the following: (1) An informal existing 2-1-1 statewide collaborative, if any, in the state. (2) State agencies. (3) Community-based organizations. (4) Faith-based organizations. (5) Not-for-profit organizations. (6) Comprehensive and specialized information and referral providers, including current 2-1-1 call centers. (7) Foundations. (8) Businesses. (c) An entity designated as the lead entity pursuant to subdivision (b) shall collaborate, to the extent practicable, with other organizations and entities listed in that subdivision. All state agencies and other official state organizations may provide reasonable assistance and cooperation in carrying out the purposes of this article, including, but not limited to, promoting the use of "211" telephone dialing for access to health and social services and for disaster response information. 53128.2. The lead entity, to the extent feasible, shall meet all of the following qualifications: (a) Consist of representatives from different geographic areas of the state. (b) Demonstrate experience in statewide "211" planning and implementation efforts in the state. (c) Demonstrate established relationships with information and referral service providers throughout the state, and the means to maintain those relationships. (d) Demonstrate established relationships with national information and referral service interests and with information and referral service interests in other states. (e) Demonstrate substantial expertise with the operational requirements of information and referral service providers in the state, including, but not limited to, database resources, software requirements, and referral practices. (f) Have the endorsement of "211" information and referral service providers to act as the lead entity and to represent the system in statewide matters. 53128.3. The lead entity shall do all of the following: (a) Perform planning, administrative, fiscal, and reporting functions required under any state and federal "211" funding program. (b) Develop a plan for implementation of "211" services throughout the state. (c) Allocate "211" funds to entities in accordance with applicable law. (d) Report activities and progress as requested by the Legislature or the Public Utilities Commission. (e) Act as liaison between state agencies and information and referral service providers, local exchange carriers, and local public agencies for the purposes of coordinating communication, training, and development of public-private partnerships and updating statewide service information. (f) Operate the system in a manner that is consistent with the applicable orders of the Federal Communications Commission and the Public Utilities Commission. 53128.4. In administering funding, the lead entity shall accomplish all of the following: (a) Maximize the federal funds available to 211 information and referral providers to provide comprehensive information and referral services throughout the state. (b) Consider population, poverty rates, and geographic isolation when allocating funds. (c) When initially allocating funds, consider information and referral service providers' developmental requirements in addition to their operational requirements. (d) Ensure that any fund matching requirement is met. 53128.5. (a) The activities of the lead entity may be funded in any of the following manners: (1) Through compliance with federal funding opportunities, to the extent consistent with state law, including potential future funding through the proposed Calling for 2-1-1 Act of 2009 (S. 211 and H.R. 211). (2) Upon appropriation by the Legislature. (3) By other public and private sources. (4) Notwithstanding subdivision (a), the responsibilities of the lead entity, pursuant to this article, are contingent upon the availability of federal funds, and the lead entity is not required to carry out the requirements of this article until those federal funds are available.