Article 2. Disposition Of Proceeds of California Revenue And Taxation Code >> Division 2. >> Part 20. >> Chapter 7. >> Article 2.
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.
From the funds in the State Emergency Telephone Number
Account, a minimum of one-half of 1 percent of the charges for
intrastate telephone communications and VoIP service to which the
surcharge applies shall, when appropriated by the Legislature, be
spent solely for the following purposes:
(a) To pay refunds authorized by this part.
(b) To pay the State Board of Equalization for the cost of the
administration of this part.
(c) To pay the Office of Emergency Services for its costs in
administration of the "911" emergency telephone number system.
(d) To pay bills submitted to the Office of Emergency Services 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:
(1) A basic system.
(2) A basic system with telephone central office identification.
(3) A system employing automatic call routing.
(4) Approved incremental costs.
(e) To pay claims of local agencies for approved incremental
costs, not previously compensated for by another governmental agency.
(f) 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:
(1) A basic system.
(2) A basic system with telephone central office identification.
(3) A system employing automatic call routing.
(4) Approved incremental costs. Incremental costs shall not be
allowed unless the costs are concurred in by the Office of Emergency
Services.
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 Office of Emergency Services, even if the
projects have not yet commenced.
The Office of Emergency Services 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
Office of Emergency Services.
The Office of Emergency Services 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 Office of Emergency
Services for approval on or before October 1, 1978, as provided in
Section 53115 of the Government Code.
(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 Office of Emergency Services. The Office
of Emergency Services shall negotiate supplier pricing to ensure
cost-effectiveness and the best value for the "911" emergency
telephone number system. The Office of Emergency Services shall pay
those bills as provided in Section 41137 only under the following
conditions:
(1) The Office of Emergency Services 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 Office of Emergency Services 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 Office of Emergency Services.
Extraordinary circumstances may warrant spending in excess of the
established rate, but shall be preapproved by the Office of Emergency
Services. In determining the reimbursement rate, the Office of
Emergency Services shall utilize the approved pricing submitted by
the supplier providing the equipment or service.
(b) This section shall not 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 Office of
Emergency Services. Agencies shall be encouraged to procure equipment
on a competitive basis. Any amount in excess of the pricing approved
by the Office of Emergency Services shall not be reimbursed.
From funds appropriated by the Legislature from the
Emergency Telephone Number Account, the Office of Emergency Services
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 Office of Emergency Services which
the Office of Emergency Services has approved.
The Office of Emergency Services 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 Office
of Emergency Services:
(a) A basic system.
(b) A basic system with telephone central office identification.
(c) A system employing automatic call routing.
(d) Approved incremental costs.
Claims for reimbursement shall be submitted by local
agencies to the Office of Emergency Services, 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.
Notwithstanding any other provision of this article, if the
Legislature fails to appropriate an amount sufficient to pay bills
submitted to the Office of Emergency Services 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. This part shall not preclude local agencies from
purchasing or acquiring any communication equipment from companies
other than the telephone service suppliers.