DAR File No. 39406

Communications Authority (Utah), 911 Committee (Utah)

Rule R173-1

Utah 911 Advisory Committee

Notice of Proposed Rule

(Amendment)

DAR File No.: 39406
Filed: 05/15/2015 04:24:08 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

As of 07/01/2014, the Utah 911 Committee was moved from the Department of Public Safety (DPS) to the newly created Utah Communications Authority (UCA), Title R173. These changes occurred as a result of the enactment of H.B. 155 in the 2014 General Session. Further, as of 07/01/2015, H.B. 343 from the 2015 General Session grants rulemaking authority to the UCA Board. This proposed rule was approved by the UCA Board on 02/24/2015.

Summary of the rule or change:

The change moves the rule from Title R173 to R174. The purpose of this rule is to outline the operation of the 911 Advisory Committee and procedures whereby the committee shall recommend the award of funds for the establishment and maintenance of a statewide unified E-911 emergency system, as well as to establish the framework to provide grants from the Computer Aided Dispatch (CAD) Restricted Account.

State statutory or constitutional authorization for this rule:

• Subsection 63H-7a-204(11)
• Subsection 63H-7a-302(5)

Anticipated cost or savings to:

the state budget:

The rule does not have anticipated cost or savings to the state budget, as the change moves the rule to a new title and clarifies the application process for funds from the Computer Aided Dispatch (CAD) Restricted Account.

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 as it governs only committee procedures.

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

The rule does not impact persons other than small businesses, businesses, or local government entities as it governs only committee procedures.

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 Advisory Committee for the application for and award of grant funding from the Unified Statewide 911 Emergency Service Account and the Computer Aided Dispatch (CAD) Restricted Account established in Subsections 63H-7a-302(5) and 63H-7a-204(11).

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:

Communications Authority (Utah)
911 Committee (Utah)
5360 S Ridge Village Drive
West Valley City, UT 84118-4100

Direct questions regarding this rule to:

• Eric Parry at the above address, by phone at 801-857-5825, by FAX at 801-840-4242, or by Internet E-mail at [email protected]

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:

07/01/2015

This rule may become effective on:

07/13/2015

Authorized by:

Steven Proctor, Executive Director

[R173]R174. Communications Authority Board (Utah), [911 Committee (Utah) ]Administration.

[R173]R174-1. Utah 911 Advisory Committee.

[R173]R174-1-1. Purpose.

The purpose of this rule is to outline the operation of the committee and procedures whereby the committee shall award funds to Public Safety Answering Points (PSAPs) and Dispatch Centers throughout the State of Utah for the establishment and maintenance of a statewide unified E-911 emergency system, and to establish the framework to provide grants from the Computer Aided Dispatch (CAD) Restricted Account.

 

[R173]R174-1-2. Authority.

This rule is authorized by [Subsections]Section 63H-[7-303]7a-302(5[)]), and [(6]Section 63H-7a-204(11).

 

[R173]R174-1-3. Definitions.

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

(2) In addition:

(a) "[committee" means the Utah 911 Committee established in Section 63H-7-103]applicant" means a Public Safety Answering Point (PSAP) submitting a grant application;

(b) "Authority" means the Utah Communications Authority established in Section 67H-7a-201;

(c) "[fund]Board" means the [Unified Statewide 911 Emergency Service Account]Utah Communications Authority Board established in [Sections 63H-7-304 and 63-7-310]Section 67H-7a-203;

(d ) "CAD2CAD Interface" means a component to share CAD data between disparate CAD systems on a statewide or regional basis;

(e) "committee" means the 911 Advisory Committee established in Section 63H-7a-307.

(f) "grant" means an appropriation of funds from the restricted Unified Statewide Emergency Service Account created in Section 63H-7a-304 or the Computer Aided Dispatch Restricted Account[; and]created in Section 63H-7a-303;

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

(h) "Program" means the defined activities funded by the Unified Statewide 911 Emergency Service Account in Section 63H-7a-304(2) or the defined activities funded by the Computer Aided Dispatch Restricted Account in Section 63H-7a-303(2); and

(i) "State" means the state of Utah.

 

[R173]R174-1-4. Operation of the Committee.

(1)(a) A chairperson shall be elected as provided in [Subsection]Section 63H-[7-302]7a-307(3)(a) at the first meeting of each calendar year.

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

(2)(a) The committee shall meet monthly unless circumstances otherwise dictate.

(b) Members of the committee may participate in the meeting by electronic means such as internet connection or a phone bridge.

 

[R173]R174-1-5. Grant Process.

(1)(a) A PSAP seeking a grant from the Unified Statewide 911 Emergency Service Account or the Computer Aided Dispatch Restricted Account shall make application to the committee using the Utah 911 Committee Grant Application [form]forms.

(b) The application [shall]must include:

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

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

(iii) evidence that the PSAP has used a competitive process when procuring equipment or services;

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

([iv]v) if applying for a grant from the Computer Aided Dispatch Restricted Account, a description of how the project fulfills the purposes outlined in 63H-7a-303;

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

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

[(vi)](viii) the signature of the authorized 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.

(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.

(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.

 

[R173]R174-1-6. Criteria for Determining Grant Eligibility.

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

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

(b) enhance public safety by providing a statewide[unified 911], unified911 emergency system;

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

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

(e) 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]PSAPs in a county of the first class that pay at least 30% of the total cost of the project;

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

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

(3) Eligible CAD functional elements - Refer to Section R174-1-8, Attachment A -- Eligible CAD Functional Elements.

(a) In the case of an award from the Computer Aided Dispatch Restricted Account, PSAPs shall pay a grant match of 20% regardless of class.

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

([4]5) When economically feasible and advantageous to the individual PSAPs, the committee may negotiate with vendors on behalf of the PSAPs as a group.

([5]6) Where applicable, PSAPs shall provide evidence from the Bureau of Emergency Medical Services (BEMS) that they are a Designated Emergency Medical Dispatch Center.

 

[R173]R174-1-7. Awarding a Grant.

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

(2) The committee may only [award] recommend 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]Authority and the grant recipient.

(b) Each contract shall include the following conditions:

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

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

(iii) the grant shall be de-obligated 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]recommend the approval or denial of the request by a majority vote.

 

R174-1-8. Attachment A -- Eligible CAD Functional Elements.

(i) Hardware: Servers and other hardware are eligible for full reimbursement when the equipment is required to support the core CAD functionality. New CAD required hardware that also supports associated functions such as Records Management Systems is eligible for reimbursement at the apportioned rate of documented use.

(ii) Software: CAD software fulfilling the core missions of call entry, address verification, unit recommendation, dispatching and tracking of units, and mapping. Eligible items include:

(a) Core System to support CAD (apportioned to actual cost of modules to support CAD)

(b) CAD application

(c) Geo-base address verification

(d) Mapping

(e) Automatic Vehicle Location

(f) Unit Recommendations or Response Plans

(g) E911 copy-over

(h) Interfaces to closely related 3rd party applications (medical/fire/police card system, fire department paging system, or UCJIS)

(i) Premise (apportioned at 50%)

(iii) Professional Services: (installation, configuration, etc.) apportioned for eligible items.

(iv) Maintenance: Ineligible other than CAD2CAD interface.

(v) Database Merging/Conversion: Eligible for CAD data merging/conversion, apportioned at 50% if RMS data is also included in the merge/conversion.

(vi) Ineligible software items include, but are not limited to:

(a) RMS related modules

(b) System dashboards or monitoring

(c) Aerial photography

(d) Equipment tracking

(e) Personnel tracking

(f) Imaging

(g) Pin-mapping or statistics packages

 

KEY: Utah Communications Authority, Utah 911 Advisory Committee

Date of Enactment or Last Substantive Amendment: [May 6, ]2015

Authorizing, and Implemented or Interpreted Law: 63H-[7-302]7a-303; 63H-7a-304