No. 39022 (Amendment): Rule R720-1. Utah 911 Committee

(Amendment)

DAR File No.: 39022
Filed: 12/22/2014 04:16:13 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

As of 07/01/2014, the Utah 911 Committee was moved from Public Safety (DPS) to the newly created Utah Communications Authority, Title R173. These changes occurred as a result of the enactment of H.B. 155 in the 2014 General Session.

Summary of the rule or change:

The change moves the rule from Title R720 and creates Title R173. The purpose of this rule is to outline the operation of the 911 committee and procedures whereby the committee shall award funds for the establishment and maintenance of a statewide unified E-911 emergency system.

State statutory or constitutional authorization for this rule:

• Subsections 63H-7-303(5) and (6)

Anticipated cost or savings to:

the state budget:

The rule does not have anticipated cost or savings to the state budget.

local governments:

Committee members representing local governments will not be reimbursed for expenses incurred as a result of serving on the committee and those expenses must be born by their individual sponsoring entities. Local government may benefit through the awarding of grants to their 911 centers.

small businesses:

The rule does not impact businesses with less that 50 employees.

persons other than small businesses, businesses, or local governmental entities:

The committee is made up of representatives of telecommunications companies and their individual companies bear all costs associated with their service on the committee.

Compliance costs for affected persons:

Expenses incurred by those serving on the Utah 911 Committee are born by their sponsoring entities.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule should not have any fiscal impact on businesses because it merely codifies the current practices used by the Utah 911 Committee for the application for and award of grant funding from the Unified Statewide 911 Emergency Service Account established in Sections 63H-7-304 and 63-7-310.

Steve Proctor, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Criminal Investigations and Technical Services, 911 Committee (Utah)
3888 W 5400 S
Taylorsville, UT 84118

Direct questions regarding this rule to:

• Eric Parry at the above address, by phone at 801-857-5825, by FAX at 801-965-3859, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

02/17/2015

This rule may become effective on:

03/02/2015

Authorized by:

Keith Squires, Commissioner

RULE TEXT

[R720. Public Safety, Criminal Investigations and Technical Services, 911 Committee (Utah).]R173. Communications Authority (Utah), 911 Committee (Utah).

[R720-1.]R173-1. Utah 911 Committee.

[R720-1-1.]R173-1-1. Purpose.

The purpose of this rule is to outline the operation of[procedures whereby the] the committee and procedures whereby the committee shall[will] award funds[grants] for the establishment and maintenance of a statewide[,] unified [wireless and land-based ]E-911 emergency system.

 

[R720-1-2.]R173-1-2. Authority.

This rule is authorized by Subsections 63H-7-303(5) and (6)[53-10-602(5)].

 

[R720-1-3.]R173-1-3. Definitions.

(1) Definitions used in the rule are defined[found] in Section 69-2-2.

(2) In addition:

(a) "committee" means the Utah 911 Committee established in Section 63H-7-103[53-10-601];

(b) " Authority"[department"] means the Utah Communications Authority[Department of Public Safety];

(c) "fund" means the Unified Statewide [Unified E-911]911 Emergency Service Account[Fund] established in Sections 63H-7-304 and 63-7-310[53-10-603];

(d) "grant" means an appropriation of funds[money] from the restricted Unified Statewide Emergency Service Account or the Computer Aided Dispatch Restricted Account[fund]; and

(e) "PSAP" means a public safety[service] answering point as defined in Subsection 69-2-2(7).

 

[R720-1-4.]R173-1-4.  Operation of the Committee.

(1)(a) A chairperson shall[will] be elected as provided in Subsection 63H-7-302(3)(a)[53-10-601(3)(a)] at the first meeting of each calendar year.

(b) The committee shall[may] also elect a vice-chairperson at that time to assist the chairperson with administrative duties.

(2)(a) The committee shall[will] meet monthly[once a month,] unless circumstances otherwise dictate.

[(b) Committee meetings will be held at 1:00 p.m. on the third Thursday of each month at the Cal Rampton Building, 4501 South 2700 West, in Salt Lake City, Utah, unless changed by a majority vote of the committee.

](b)[(c)] Members of the committee may participate in the meeting by a phone bridge.

 

[R720-1-5.]R173-1-5. Grant Process[Applications].

(1)(a) A PSAP seeking a grant shall[must] make application to the committee using the Utah 911 Committee Grant Application form[which can be found on-line at http://e911.utah.gov/documents.html].

(b) The application shall[must] include:

(i) a description of all equipment or services that may[will] be purchased with the grant;

(ii) a list of vendors and contractors who may[will] be used to provide equipment or services;

(iii) a complete narrative justifying the need for the grant;

(iv) a description of any other funding sources that may[will] be used to pay for the acquisition of equipment, construction of facilities or services;[and]

(v) additional information as requested by the committee; and

(vi) the signature of the authorized [governmental ]agency official.

(2) (a) Any PSAP intending to apply for a grant shall submit a notice of intent to Agency staff prior to the beginning of the calendar year for consideration in the next budget cycle.

(b) PSAPs that submit a notice of intent may receive priority over PSAPs that do not submit a notice of intent prior to making a grant application.[Completed applications must be submitted to department staff no later than noon on the Monday before a scheduled meeting in order to be submitted to the committee for their consideration at that meeting.]

(3) (a) The committee requires a 30-day review period to consider grant application submissions.

(i) In cases of extenuating circumstances, a PSAP may request that the committee shorten the 30-day review period and consider the application at its next regularly scheduled meeting.

(ii) The request for a shorter review period shall be made in writing, and explain the extenuating circumstances that justify the expedited consideration of the grant application.

(b) Following the 30-day review period, a representative from the PSAP making the application shall be present, in person or by electronic means, at the next regularly scheduled committee meeting to present the grant application.[A representative from the PSAP making application must be present at the committee meeting to speak about the grant application.]

(4) PSAPs in the third through sixth class counties may apply for grants that enhance 911 emergency services. The committee shall consider these applications on a case-by-case basis.

 

[R720-1-6.]R173-1-6. Criteria for Determining Grant Eligibility[Expenditures from the Fund].

(1) In order to be eligible for[to receive] a grant, a PSAP shall[must] comply with all of the requirements found in Title 63H Chapter 7 Part 3; Title 53, Chapter 10, Part 6; and Title 69, Chapter 2.

(2)(a) When determining which PSAPS may[will] receive grants, the committee shall give priority to 911 projects that[which]:

(b)[(a)] enhance public safety by providing a statewide[,] unified 911 emergency system[, wireless and land-based E-911 service];

[(b) are limited to costs that are directly attributable to implementing and maintaining wireless E-911 service;

] (c) include a maintenance package that [will ]extends the life of the 911 system;

(d) increase the value of the 911 system by ensuring compatibility with emerging technology;

(e) [are necessary to ] replace equipment that[which] is no longer reliable or functioning; and

(f) include a local share of funding according to the following formula:

(i) PSAPS in a county of the first class that pay at least 30% of the total cost of the project;

(ii) PSAPS in a county of the second class that pay at least 20% of the total cost of the project; and

(iii) PSAPS in a county of the third through sixth class that pay up to 10% of the total cost of the project.

(3) If a grant application includes equipment that[which] utilizes geographical information systems or geo-positioning systems, the PSAP shall[must] consult with the State Automated Geographic Reference Center (AGRC) in the Division of Integrated Technology of the Department of Technology Services.

(4) When economically feasible and advantageous to the individual PSAPs, the committee may negotiate with vendors on behalf of the PSAPs as a group.

(5) Where applicable, PSAPs shall provide evidence from the Bureau of Emergency Medical Services (BEMS) that they are a Designated Emergency Medical Dispatch Center.

 

[R720-1-7.]R173-1-7. Awarding a Grant.

(1) The decision to award a grant shall be made by a majority vote of the committee.

(2) The committee may[will] only award grants for the purchase of equipment or the delivery of services in an amount that[which] is equal to, or less than, the amount that would be paid to a State vendor or contractor.

(3)(a) All grant awards shall be memorialized in a contract between the committee and the [PSAP receiving the ]grant recipient.

(b) Each contract shall include the following conditions:

(i) the state or local entity shall[must] agree to participate in the statewide 911 data management system sponsored by the committee;

(ii) the grant may[must] be used only for the purposes specified in the application; and

(iii) the grant shall be de-obligated[must revert back to the committee] if the state or local entity breaches the terms of the contract.

(4)(a) Unspent grant funds shall be automatically de-obligated within one year from the approval of the original grant.

(b) A PSAP may request a time extension to spend grant funds in extenuating circumstances.

(i) The request shall be made in writing and explain the extenuating circumstances that justify additional time to spend the grant funds.

(ii) The committee shall approve or deny the request by majority vote.

 

KEY: Utah 911 Committee

Date of Enactment or Last Substantive Amendment: 2015[May 11, 2011]

Authorizing, and Implemented or Interpreted Law: 63H-7-302[53-10-602]

 

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