Title 4--ADMINISTRATION PENNSYLVANIA EMERGENCY
MANAGEMENT AGENCY[4 PA. CODE CH. 120b] Public Safety Emergency Telephone Program [30 Pa.B. 4226] A. Statutory Authority
The Pennsylvania Emergency Management Agency (PEMA), under the authority contained in 35 Pa.C.S. § 7313 (relating to power to adopt regulations) amends Chapter 120b (relating to public safety emergency telephone program) to read as set forth in Annex A. These amendments were previously published as proposed rulemaking at 29 Pa.B. 1719 (April 3, 1999).
B. Effective Date
The amendments will be effective upon publication in the Pennsylvania Bulletin.
C. Background and Purpose
The amendments are needed to make the regulations consistent with several statutory changes that the act of February 12, 1998 (P. L. 64, No. 17) (Act 17) made to the Public Safety Emergency Telephone Act (35 P. S. §§ 7011--7021). In particular, Act 17 expanded the types of expenditures that counties can incur for the operation of their 911 emergency communications systems to include training for their 911 personnel, the purchase of mobile communications equipment, the development and maintenance of a master street address guide, the erection of street signs on State and local highways and the conduct of public education activities. Act 17 also increased from 60 days to 90 days as the time period that PEMA, the Pennsylvania Emergency Management Council and the Pennsylvania Public Utility Commission have to review and approve county 911 emergency communications plans and their contribution rates. All of these statutory changes have been incorporated into these amendments.
D. Comments
Written comments, suggestions and objections were solicited within a 30-day period after the proposed amendments were published. No public comments were received.
Following the close of the public comment period, PEMA received comments from the Pennsylvania Telephone Association (PTA) and the Independent Regulatory Review Commission (IRRC). The amendments contained in Annex A are responsive to the comments and suggestions received from the PTA and IRRC.
For ease of reference, PEMA will address the comments in the order in which the amendments appear.
§ 120b.104. Technical standards for plans
The existing language of § 120b.104(v)(2)(xviii) requires that 911 operators, dispatch personnel and supervisors shall receive a minimum of 40 hours classroom and hands on instruction. IRRC observed that this training requirement was inconsistent with the training requirements in Chapter 120c (relating to training and certification standards for 911 emergency communications personnel) and recommended that this subsection be deleted and replaced with a reference to the training requirements in Chapter 120c. PEMA agreed with this suggestion and made the necessary deletion of the existing language and replaced it with the reference to the new training requirements.
§ 120b.106. Eligible costs
The existing language in § 120b.106(c)(5) identifies ''recruitment and training'' of dispatchers, call takers or telecommunications officers or operators as an ineligible cost for which county contribution rate funds can be used. With the passage of Act 17, which amended the Public Safety Emergency Telephone Act, the ''training'' of 911 communications personnel is now an eligible cost for the expenditure of county contribution rates. As a result, PEMA agreed with IRRC's comment that the words ''and training'' be deleted from § 120b.106(c)(5) and this change has been made.
§ 120b.113. Accuracy standards for enhanced 911 database systems
A number of comments were received from both the TPA and IRRC concerning this section. Both the PTA and IRRC recommended that the word ''enhanced'' be added to the section title to clarify the fact that these standards apply to enhanced 911 service and not to basic 911 service. PEMA agrees with this comment and made the necessary changes.
The PTA also suggested a number of editorial changes as follows: that the word ''listed'' be added to the fourth sentence to differentiate between the customer listed name and address and the customer's billing name and address; that the word ''Once'' should be changed to ''After'' in subsection (c) for clarity purposes; that the word ''initial'' be added to subsection (c) to clarify that it is a county's creation of an initial MSAG that will trigger the validation processes to make the MSAG as accurate as possible; that in subsection (c)(2), the words ''the use of'' should be deleted for clarity and to avoid repetition, and the phrase ''where technically feasible'' should be added because not all LECs can support a partial MSAG, and that the word ''has'' replace the word ''represents'' for increased clarity. PEMA has accepted the these suggestions and amended the section accordingly.
The PTA also suggested that the sixth sentence be amended by deleting the phrase ''LEC customer database may be loaded into the county's MSAG database'' and be replaced with the phrase ''MSAG database may be loaded into the 911 Database Management System of the LEC or of a different host LEC if applicable.'' PEMA accepted this suggestion and amended the section accordingly because the change permits the MSAG database to be loaded into the 911 Database Management System of the LEC or of a different host LEC if applicable, as opposed to the reverse loading that was called for in the proposed regulation.
The PTA also suggested that the regulatory requirements of this section be made discretionary instead of mandatory as they apply to the updates of the MSAG by the counties and the LECs. PEMA disagreed with this suggestion. An accurate and up-to-date MSAG is vital to the daily operations of every county 911 communications center and ensures that emergency dispatchers have the proper data and information to dispatch fire, police and medical response resources to the proper addresses/locations of an emergency situation. Thus, it is critical that the counties and LECs perform a database validation process every 6 months by comparing LEC customer data with the MSAG data. Therefore, it is essential that the regulation require that a mandatory validation process be implemented by the counties and LECs to eliminate, insofar as possible, any substantive mismatches between the county's MSAG and LEC's customer database.
IRRC also made several comments concerning § 120b.113. In particular, IRRC questioned the reasonableness of requiring the 6-month validation process for the MSAG data. As stated in response to the PTA's suggestion that the validation process be made discretionary instead of mandatory, PEMA reaffirms its position that the 6-month validation process is not only reasonable but it is absolutely critical to maintaining an accurate and up-to-date MSAG database that can be used to dispatch emergency fire, police and ambulance services to emergency situations.
IRRC also questioned the feasibility of having LECs reach a 95% accuracy rate on their database with that of the MSAG database before loading the database into the county's MSAG database. PEMA's response was that the 95% accuracy is not only reasonable and feasible but it is based upon a Nationwide accepted standard for the maintenance and update of MSAG databases.
IRRC also suggested that the word ''Thereafter'' and the phrase ''additional validation processes'' in subsection (c)(8) needed to be clarified. PEMA agreed and added the words ''Every 6 months'' before the word ''thereafter'' to clarify the time frame that counties and LECs need to meet to review their databases to update and eliminate any substantive mismatches between their databases. PEMA also removed the phrase ''additional validation processes'' because it was vague and unnecessary within the context of the sentence.
E. Fiscal Impact/Affected Persons
These amendments will have a positive fiscal impact upon county 911 operations because the counties will be permitted to expand their 911 contribution rate fees on training for their 911 personnel, the purchase of mobile communications equipment, the development and maintenance of a master street address guide, the erection of street signs on State and local highways and the conduct of public education activities. These cost categories were previously ineligible for funding under the old regulations. In turn, these amendments will benefit the general public by providing increased training resources at the county level and by improving accuracy of the master street address guide which is used to dispatch emergency fire, police and ambulance services to the scene of an emergency situation.
F. Paperwork Requirements
These amendments will not change the amount of paperwork that State agencies and the counties must prepare as part of the administration of their 911 emergency communications systems.
G. Sunset Requirements
PEMA has not set a sunset date for these regulations because all county 911 emergency communications systems operate on a continuing basis. PEMA continues to monitor those systems and will propose improvements such as these amendments when required.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 18, 1999, a copy of the notice of proposed rulemaking, published at 29 Pa.B. 1719, was submitted to IRRC and the Chairpersons of the Senate State Government Committee and the House Veterans Affairs and Emergency Preparedness Committee for review and comment. In compliance with section 5(c) of the Regulatory Review Act, PEMA also provided IRRC and the Committees with copies of the comments received from the public.
In preparing these final-form regulations, PEMA has considered all comments received from IRRC, the Committees and the public.
These final-form regulations were deemed approved by the House and Senate Committees on June 12, 2000. IRRC met on June 22, 2000, and approved the amendments in accordance with section 5.1(e) of the Regulatory Review Act (71 P. S. § 745.5a(e)).
I. Contact Person
Questions regarding these amendments may be directed to Mark Goodwin, Chief Counsel, Pennsylvania Emergency Management Agency, 2605 Interstate Drive, Harrisburg, PA 17110-9364.
J. Findings
The Department finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder at 1 Pa. Code. §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) These regulations are necessary and appropriate for the administration of the Public Safety Emergency Telephone Act.
J. Order
PEMA, acting under the authority of the Public Safety Emergency Telephone Act and the Emergency Management Services Code, orders that:
(a) The regulations of PEMA, 4 Pa. Code Chapter 120b, are amended by amending §§ 120b.102, 120b.103--120b.106, 120b.108 and by adding § 120b.113 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) PEMA shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality and form as required by law.
(c) PEMA shall certify this order and Annex A and shall deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
DAVID L. SMITH,
Director(Editor's Note: The proposal at 29 Pa.B. 1719 did not include the amendment to § 120b.104 which is included in this final rulemaking. For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 30 Pa.B. 3534 (July 8, 2000).)
Fiscal Note: Fiscal Note 30-51 remains valid for the final adoption of the subject regulations.
Annex A TITLE 4. ADMINISTRATION PART V. EMERGENCY MANAGEMENT AGENCY CHAPTER 120b. PUBLIC SAFETY EMERGENCY TELEPHONE PROGRAM § 120b.102. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * County plan--An emergency communications plan developed by a county or two or more counties in concert and submitted to the Agency on a triennial basis outlining the county's 911 system, including the contribution rate. The plan shall be unique to the county to meet the individual needs of the county, the local governments and emergency service providers within the county.
* * * * * Directly related personnel salary and benefit costs--Wage, salary and benefit costs for personnel responsible for provision of 911 services. The term may include PSAP personnel at telephone answering or dispatch stations, or both, and 911 supervisory personnel. The amount of the contribution rate dedicated to salary, training and benefit costs may not exceed 70% of the total surcharge, subscriber fee, collected during each county's fiscal year.
* * * * * § 120b.103. Development of county plan.
Upon the agreement of the governing authority of a county to establish a 911 system, a plan shall be drafted which meets, at least, the minimum technical standards promulgated by the Agency. The formation of multi- jurisdictional or regional 911 systems is authorized.
(1) In counties which currently have a 911 system in operation, if a contribution rate is to be established, a 911 coordinator shall be appointed and a plan shall be developed that meets the minimum technical standards promulgated by the Agency.
(2) In counties which currently do not have an operational system, if a system is to be developed and a contribution rate is to be established, a 911 coordinator shall be appointed and a county plan shall be developed that meets the minimum technical standards as promulgated by the Agency.
* * * * * (7) At a minimum, each county 911 plan shall contain the following information:
* * * * * (iii) A description of the operational plan for the system, including the technical components as required by the Agency and as outlined in § 120a.104 (relating to technical standards for plans) in sufficient detail to describe the operational aspects of the system, including staffing, supervision, training, interrelationship with public agencies, daily operations, emergency operations and equipment requirements.
* * * * * (8) Updating and expanding the present system shall require an amended plan to be filed with the Agency. A public meeting is not required for the amended plan unless the county proposes to change the contribution rate established in the existing county plan. An amended plan shall contain the following information:
(i) Include specific information concerning the changes to the original plan made by the amended plan.
(ii) Specifically indicate the actions taken and modifications made to the original plan as a result of comments made by the Agency, the Commission and the Council as a part of the approval of the plan.
(iii) Provide a 911 fund balance summary statement indicating, by year, revenues accrued and expenditures totals for personnel, training, equipment and other eligible cost categories together with the current fund balance.
* * * * * (10) A request solely to change a contribution rate shall comply with:
(i) Paragraphs (5) and (6) with respect to holding of a public meeting and the actions to be taken as a result thereof.
(ii) Paragraph (7)(vii)--(xi).
(iii) Section 120b.105 (relating to contribution rate).
(11) A county plan shall be considered a public record under the act of June 21, 1957 (P. L. 390, No. 212), known as the Right-to-Know Law (65 P. S. §§ 66.1--66.4).
§ 120b.104. Technical standards for plans.
* * * * * (b) Minimum standards for PSAPs.
* * * * * (2) At a minimum, a 911 PSAP established within this Commonwealth shall possess the following capabilities:
* * * * * (xviii) All PSAP call takers, emergency dispatchers and supervisors shall comply with the training and certification standards contained in Chapter 120c (relating to training and certification standards for 911 emergency comunications personnel).
* * * * * § 120b.105. Contribution rate.
Counties that presently have 911 systems may establish a contribution rate to cover nonrecurring and operating costs of an existing system by using the same contribution rate approval mechanisms as a new 911 system. A county which did not have a 911 system in operation on September 9, 1990, but which awarded a contract for a 911 system prior to September 9, 1990, shall be considered to have a present system. For the Commission to review the contribution rate requested by the county, the data called for in this chapter, as appropriate, shall be included in the county plan. The plan shall include:
* * * * * (3) The estimated nonrecurring and recurring costs, if applicable, for each component of the 911 system for which the county is eligible for reimbursement, the costs may include the following:
* * * * * (xii) Personnel salary, training and benefits.
* * * * * § 120b.106. Eligible costs.
(a) The contribution rate may be used for recurring and nonrecurring costs associated with implementing, expanding, upgrading and operating a 911 emergency communications system.
(b) The costs may include the following items:
(1) Nonrecurring costs.
* * * * * (xiii) Mobile communications equipment.
(xiv) Development and maintenance of a master street address guide.
(xv) Erection of street signs on State and local highways.
(xvi) Other nonrecurring costs as deemed eligible by the Agency:
(2) Recurring costs.
* * * * * (vii) Personnel salary, training and benefit costs directly related to the provision of 911 services subject to a maximum of 70% of the contribution rate revenue.
(viii) Audit costs.
(ix) Carryover costs.
(x) Public education costs.
(c) The following costs are deemed to be ineligible costs:
(1) Costs necessary to house a 911 system.
(2) Purchase of real estate.
(3) Cosmetic remodeling.
(4) Central office upgrading.
(5) Recruitment of dispatchers, call takers or telecommunications officers or operators.
(6) Ambulances, fire engines, emergency equipment or vehicles of any kind.
(7) Utilities including electric, gas, oil, water, sewer and solid waste.
(8) Telephone costs not directly associated with the provision of 911 services.
(9) Taxes or other expenses deemed ineligible by the Agency.
* * * * * § 120b.108. Review and approval of plans.
* * * * * (e) The Council shall have 90 days to review the plan and make suggested revisions to the plan. The Council may contact the county for clarification or further information during the review of the plan.
(f) The 90-day review period shall consist of 90-calendar days, beginning with the day the council receives the plan from the Agency.
(g) The Council shall submit its review findings along with a recommendation for approval or denial to the Agency. If the Council recommends denial, the reasons for the denial shall be provided along with recommendations for changes to the plan.
(h) The Commission will have 90 days to review the plan. The Commission's review applies only to the proposed contribution rate.
(i) The Commission may modify only rates which it finds excessive to meet the costs stated in the plan.
(j) The 90-day review period shall consist of 90-calendar days, beginning the day the Commission receives the plan from the Agency.
§ 120b.113. Accuracy standards for enhanced 911 database systems.
(a) The Master Street Address Guide (MSAG) is an information file prepared by a county that contains a list of all street names and address ranges within a county's enhanced 911 service area.
(1) Associated with each street are:
(i) The low/high address ranges as well as a designation for odd, even or all numbers as appropriate.
(ii) Street directionals, such as N, S, E, W.
(iii) Street types such as ST (Street), RD (Road), LN (Lane).
(2) The MSAG may also contain a Public Safety Answering Point (PSAP) designation and the appropriate emergency service providers (police, fire and medical) assigned to each address range.
(b) A Local Exchange Carrier (LEC) customer database contains the billed customer's telephone number, listed name and service address.
(c) After a county creates an initial MSAG, the county and the LEC shall perform a database validation process every 6 months by comparing LEC customer data with the MSAG data.
(1) When substantive database mismatches are detected during the validation process and are subsequently corrected to the extent that at least 95% of the LEC's customer database matches the MSAG database, the MSAG database may be loaded into the 911 database management system of the LEC or of a different host LEC if applicable.
(2) When 100% street addressing has not taken place within a certain geographical area of a county, a partial county MSAG may be used where technically feasible as long as the data load has an accuracy rate of at least 95%.
(3) Every 6 months thereafter, a county and the LECs shall meet to review their databases to update and eliminate, insofar as possible, any substantive mismatches between the county's MSAG and LEC's customer database.
[Pa.B. Doc. No. 00-1380. Filed for public inspection August 11, 2000, 9:00 a.m.]
