DAR File No. 39406
This rule was published in the June 1, 2015, issue (Vol. 2015, No. 11) of the Utah State Bulletin.
Communications Authority (Utah), 911 Committee (Utah)
Utah 911 Advisory Committee
Notice of Proposed Rule
DAR File No.: 39406
Filed: 05/15/2015 04:24:08 PM
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.
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.
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@example.com
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:
This rule may become effective on:
Steven Proctor, Executive Director
R173]. Communications Authority (Utah), [ 911 Committee (Utah) ].
R173]-1. Utah 911 Committee.
The purpose of this rule is to outline the operation of the committee and procedures whereby the committee shall award funds for the establishment and maintenance of a statewide unified E-911 emergency system.
This rule is authorized by [
Subsections] 63H-[ 7-303](5[ )] and [ (6]).
(1) Definitions used in the rule are defined in Section 69-2-2.
(2) In addition:
committee" means the Utah 911 Committee established in
(b) "Authority" means the Utah Communications Authority;
fund]" means the [ Unified Statewide 911 Emergency Service Account] established in [ Sections 63H-7-304 and 63-7-310];
) "grant" means an appropriation of funds from
the restricted Unified Statewide Emergency Service Account
or the Computer Aided Dispatch
e]) "PSAP" means a public safety answering point as
defined in [ Subsection] 69-2-2(7).
R173]-1-4. Operation of the Committee.
(1)(a) A chairperson shall be elected as
provided in [
Subsection] 63H-[ 7-302](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 a phone bridge.
R173]-1-5. Grant Process.
(1)(a) A PSAP seeking a grant
application to the committee using the Utah 911 Committee Grant
(b) The application [
(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;
a complete narrative justifying the need for the grant;
) a description of any other funding sources that may be used to pay for the acquisition of equipment, construction of facilities or services;
v)] additional information as requested by the committee;
(vi)] 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]-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
7] Part 3; Title 53, Chapter 10, Part 6; and Title 69,
(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] 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] is no longer reliable or functioning; and
(f) include a local share of funding according to the following formula:
PSAPS] in a county of the first class that pay at least 30% of the total cost of the project;
PSAPS] in a county of the second class that pay at least 20% of the total cost of the project; and
PSAPS] in a county of the third through sixth class that pay up to 10% of the total cost of the project.
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]) 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.
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 only [
grants for the purchase of equipment or the
delivery of services in an amount [ that] 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 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] the
KEY: Utah 911 Committee
Date of Enactment or Last Substantive Amendment: [
May 6, ]2015
Authorizing, and Implemented or Interpreted Law: 63H-[
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2015/b20150601.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
Text to be deleted is struck through and surrounded by brackets ([
example]). Text to be added is underlined (). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact Eric Parry at the above address, by phone at 801-857-5825, by FAX at 801-840-4242, or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Division of Administrative Rules.