SECTIONS 41135-41142 - California Statutes

REVENUE AND TAXATION CODE

SECTION 41135-41142

41135. All amounts required to be paid to the state under this part
shall be paid to the board in the form of remittances payable to the
State Board of Equalization of the State of California. The board
shall transmit the payments to the State Treasurer to be deposited in
the State Treasury to the credit of the State Emergency Telephone
Number Account in the General Fund, which is hereby created.

41136. Funds in the State Emergency Telephone Number Account shall,
when appropriated by the Legislature, be spent solely for the
following purposes:
(a) A minimum of one-half of 1 percent of the charges for
intrastate telephone communications services and VoIP service to
which the surcharge applies, as follows:
(1) To pay refunds authorized by this part.
(2) To pay the State Board of Equalization for the cost of the
administration of this part.
(3) To pay the office of the State Chief Information Officer for
its costs in administration of the "911" emergency telephone number
system.
(4) To pay bills submitted to the office of the State Chief
Information Officer by service suppliers or communications equipment
companies for the installation of, and ongoing expenses for, the
following communications services supplied to local agencies in
connection with the "911" emergency phone number system:
(A) A basic system.
(B) A basic system with telephone central office identification.
(C) A system employing automatic call routing.
(D) Approved incremental costs.
(5) To pay claims of local agencies for approved incremental
costs, not previously compensated for by another governmental agency.
(6) To pay claims of local agencies for incremental costs and
amounts, not previously compensated for by another governmental
agency, incurred prior to the effective date of this part, for the
installation and ongoing expenses for the following communication
services supplied in connection with the "911" emergency telephone
number system:
(A) A basic system.
(B) A basic system with telephone central office identification.
(C) A system employing automatic call routing.
(D) Approved incremental costs. Incremental costs shall not be
allowed unless the costs are concurred in by the office of the State
Chief Information Officer.
(b) (1) For the purposes of paragraph (5) of subdivision (a), the
term incremental costs shall include a maximum of one-quarter of 1
percent of the charges for intrastate telephone communications
services and VoIP service to which the surcharge applies for a
one-time payment to Primary Public Safety Answering Points for the
cost necessary to recruit and train additional personnel necessary to
accept wireless enhanced "911" calls from within their jurisdiction
routed directly to their call centers.
(2) Funds allocated pursuant to this subdivision shall supplement,
and not supplant, existing funding for these services.
(3) This subdivision shall remain in effect only until December
31, 2011.

41136.1. For each fiscal year, moneys in the State Emergency
Telephone Number Account not appropriated for a purpose specified in
Section 41136 shall be held in trust for future appropriation for
upcoming, planned "911" emergency telephone number projects that have
been approved by the California Technology Agency, even if the
projects have not yet commenced.

41137. The California Technology Agency shall pay, from funds
appropriated from the State Emergency Telephone Number Account by the
Legislature, as provided in Section 41138, bills submitted by
service suppliers or communications equipment companies for the
installation and ongoing costs of the following communication
services provided local agencies by service suppliers in connection
with the "911" emergency telephone number system:
(a) A basic system.
(b) A basic system with telephone central office identification.
(c) A system employing automatic call routing.
(d) Approved incremental costs that have been concurred in by the
California Technology Agency.

41137.1. The California Technology Agency shall pay, from funds
appropriated from the State Emergency Telephone Number Account by the
Legislature, as provided in Section 41138, claims submitted by local
agencies for approved incremental costs and for the cost of
preparation of final plans submitted to the California Technology
Agency for approval on or before October 1, 1978, as provided in
Section 53115 of the Government Code.

41138. (a) It is the intent of the Legislature that the
reimbursement rates for "911" emergency telephone number equipment
shall not exceed specified amounts negotiated with each interested
supplier and approved by the California Technology Agency. The
California Technology Agency shall negotiate supplier pricing to
ensure cost effectiveness and the best value for the "911" emergency
telephone number system. The California Technology Agency shall pay
those bills as provided in Section 41137 only under the following
conditions:
(1) The California Technology Agency shall have received the local
agency's "911" emergency telephone number system plan by July 1 of
the prior fiscal year and approved the plan by October 1 of the prior
fiscal year.
(2) The Legislature has appropriated in the Budget Bill an amount
sufficient to pay those bills.
(3) The California Technology Agency has reviewed and approved
each line item of a request for funding to ensure the necessity of
the proposed equipment or services and the eligibility for
reimbursement.
(4) The amounts to be paid do not exceed the pricing submitted by
the supplier and approved by the California Technology Agency.
Extraordinary circumstances may warrant spending in excess of the
established rate, but shall be preapproved by the California
Technology Agency. In determining the reimbursement rate, the
California Technology Agency shall utilize the approved pricing
submitted by the supplier providing the equipment or service.
(b) Nothing in this section shall be construed to limit an agency'
s ability to select a supplier or procure telecommunications
equipment as long as the supplier's pricing is preapproved by the
California Technology Agency. Agencies shall be encouraged to procure
equipment on a competitive basis. Any amount in excess of the
pricing approved by the California Technology Agency shall not be
reimbursed.

41139. From funds appropriated by the Legislature from the
Emergency Telephone Number Account, the California Technology Agency
shall begin paying bills as provided in Sections 41137, 41137.1, and
41138 in the 1977-78 fiscal year for plans submitted by local
agencies by July 1, 1976, to the California Technology Agency which
the California Technology Agency has approved.

41140. The California Technology Agency shall reimburse local
agencies, from funds appropriated from the Emergency Telephone Number
Account by the Legislature, for amounts not previously compensated
for by another governmental agency, which have been paid by agencies
for approved incremental costs or to service suppliers or
communication equipment companies for the following communications
services supplied in connection with the "911" emergency telephone
number, provided local agency plans had been approved by the
California Technology Agency:
(a) A basic system.
(b) A basic system with telephone central office identification.
(c) A system employing automatic call routing.
(d) Approved incremental costs.

41141. Claims for reimbursement shall be submitted by local
agencies to the California Technology Agency, which shall determine
payment eligibility and shall reduce the claim for charges that
exceed the approved incremental costs, approved contract amounts, or
the established tariff rates for costs. No claim shall be paid until
funds are appropriated by the Legislature.

41142. Notwithstanding any other provision of this article, if the
Legislature fails to appropriate an amount sufficient to pay bills
submitted to the California Technology Agency by service suppliers or
communications equipment companies for the installation and ongoing
communications services supplied local agencies in connection with
the "911" emergency telephone number system, and to pay claims of
local agencies which, prior to the effective date of this part, paid
amounts to service suppliers or communications equipment companies
for the installation and ongoing expenses in connection with the "911"
emergency telephone number system, the obligation of service
suppliers and local agencies to provide "911" emergency telephone
service shall terminate and service shall not again be required until
the Legislature has appropriated an amount sufficient to pay those
bills or claims. Nothing in this part shall preclude local agencies
from purchasing or acquiring any communication equipment from
companies other than the telephone service suppliers.