STATE OF WISCONSIN
DEPARTMENT OF MILITARY AFFAIRS
ORDER OF THE ADJUTANT GENERAL ADOPTING PERMANENT RULES
The scope statement, SS 085-20, was approved by the Governor on June 11, 2020, published in Register No. 774B on June 29,2020, and approved by Major General Paul E. Knapp, The Adjutant General, Department of Military Affairs, on July 10, 2020. The Adjutant General hereby adopts an order to create Chapter DMA 2, relating to eligibility criteria and appropriate purposes for competitive grants to public safety answering points. ____________________________________________________________________________________ Analysis Prepared by the Department of Military Affairs
1. Statutes Interpreted:
2. Statutory Authority:
3. Explanation of Agency Authority:
Section 256.35 (3s) (bm), Stats., provides that the department shall promulgate rules that identify appropriate grant purposes and eligibility criteria for grants to public safety answering points based on recommendations of the 911 subcommittee under Section 256.35 (3s) (d) 4, Stats. Section 256.35 (3s) (bm) 2, Stats., provides that grant purposes may include advanced training of telecommunicators, equipment or software expenses, and incentives to consolidate some or all of the functions of 2 or more public safety answering points. The grant purposes are restricted from including general public safety answering point overhead costs or staffing costs or costs for providing emergency services or emergency services equipment. Section 256.35 (3s) (d) 4, Stats., requires that the 911 subcommittee’s recommended eligibility criteria include basic training and service standards that grant applicants must satisfy. 4. Related Statutes or Rules: Not applicable.
5. Plain Language Analysis:
The department is required under s. 256.35 (3s) (bm), Stats., to establish rules that identify appropriate grant purposes and eligibility criteria for grants to public safety answering points based on recommendations of the 911 subcommittee under Section 256.35 (3s) (d) 4, Stats. Section 256.35 (3s) (bm) 1, Stats., requires the department to award grants to public safety answering points for purposes and criteria identified in the proposed rules. Section 256.35 (3s) (bm) 2, Stats., provides that grant purposes may include advanced training of telecommunicators, equipment or software expenses, and incentives to consolidate some or all of the functions of 2 or more public safety answering points. The grant purposes are restricted from including general public safety answering point overhead costs or staffing costs or costs for providing emergency services or emergency services equipment. Section 256.35 (3s) (bm) 4, Stats., specifies that the department may not award a grant to more than one PSAP per county. Section 256.35 (3s) (d) 4, Stats., requires that the 911 subcommittee’s recommended eligibility criteria include basic training and service standards that grant applicants must satisfy. The department proposed rules will be used by the department to administer grants and for PSAPs to apply for grants. Specifically, the rules outline the process for identifying one PSAP per county that would be eligible to apply for grant funds, minimum eligibility criteria to apply for grants, including basic level of telecommunicator training and PSAP service standards, eligible and ineligible uses of grant funds, and a process for reconsideration of grant funding decisions made by the department.
In order to be eligible for grant funding under the proposed rule, a PSAP must be designated as the single PSAP to receive grants in a given county for the life of the grant program. This designation is made through a county board resolution, except in first class cities where the determination is made by a majority vote of an intergovernmental cooperation council established under s. 66.0301, Stats. A PSAP must also have established a basic training program that meets the requirements outlined in the proposed s. DMA 2.04. The basic training program may be developed in-house or through a commercially available training program. Newly hired telecommunicators must have started the training prior to the submission of an application and be trained within 12 months of hiring in order to maintain eligibility. In addition, the following service standards must be met in order to maintain eligibility:
The PSAP answers both wireline and wireless 911 calls.
The PSAP operates 24/7 and has a minimum of two telecommunicators on duty and available to receive requests for emergency assistance.
The PSAP has established, implemented, and provide annual training on a continuity of operations plan (COOP).
The PSAP answers 90% of requests for emergency assistance within 10 seconds and 95% of requests for emergency assistance within 20 seconds.
Within three years of their first grant application, a PSAP must provide emergency medical dispatching (EMD) with pre-arrival instruction either by transferring the call to another PSAP or third party that provides EMD, or by certifying in-house telecommunicators in EMD.Under the proposed rule, grants may be awarded for the following purposes:
Advanced telecommunicator training.
PSAP equipment and software for enabling Next Generation 911 services.
Activities to consolidate some or all functions of 2 or more PSAPs.
Enhanced continuity of operations planning and equipment.Grants are strictly prohibited from being used on:
General PSAP overhead and staffing costs.
Costs for providing emergency services or emergency services equipment.
Costs related to facility construction.When awarding grants, the department will work in consultation with the 911 subcommittee under s. 256.35 (3s) (d) 4, Stats., to determine the percentage of local funds required to supplement the grant award amount and to set the maximum award amount under each grant period. For activities related to PSAP consolidation, the department may reduce or waive local match and maximum award amount requirements as an incentive for consolidation activities. An applicant may challenge a grant award decision made by the department within 30 days after receipt of the notice of a decision by submitting a request in writing that provides rationale for overturning the decision. The department has 14 days to respond with a final determination.
6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
The proposed rule, in addition to state law, would regulate the administration of a state grant program for PSAPs. Any federal grant program for Next Generation 911 implementation would complement rather than regulate the state grant program.
Public Law 112-96, under the Next Generation 9-1-1 Advancement Act of 2012, includes one-time Next Generation 911 Implementation Grants to state and tribal entities, with funds ending March 31, 2022. The Act funds could be used for: (a) the implementation and operation of 911 services, E911 services, migration to an IP-enabled emergency network, and adoption and operation of Next Generation 911 services and applications; (b) the implementation of IP-enabled emergency services and applications enabled by Next Generation 911 services, including the establishment of IP backbone networks and the application layer software infrastructure needed to interconnect the multitude of emergency response organizations, and; (c) training public safety personnel, including call-takers, first responders, and other individuals and organizations who are part of the emergency response chain in 911 services. This law does not regulate activities performed under a competitive state grant program. In August 2019, Wisconsin was awarded $2.9 million in federal funds that has been awarded to 36 public safety answering points for purchasing Next Generation 911-capable equipment hardware, software, and training. Eligibility criteria and other applicant requirements were outlined in the applicable regulations, 47 CFR Part 400, and a subsequent Notice of Funding Opportunity. In order to maintain eligibility, applicants must annually certify that 911 fees within the applicant’s jurisdiction are not being diverted to non-911 purposes. https://www.911.gov/pdf/911-Grant-Program-Awards-Press-Release-Aug-2019.pdf The proposed Next Generation 911 Act of 2021 was introduced as part of H.R. 1848, LIFT America Act and would authorize a one-time $15 billion federal grant program to state and tribal organizations. The proposed language in the Act would provide grants to eligible entities for: (a) implementation of Next Generation 911; (b) establishing and maintaining Next Generation 911; (c) training directly related to Next Generation 911; (d) public outreach and education on how best to use Next Generation 911; (e) administrative costs associated with planning and implementation of Next Generation 911, including costs to apply and administer the federal grant program. This bill was introduced in March 2021 and was referred to several House of Representative committees. This proposed federal regulation has not passed and would not regulate activities performed under a competitive state grant program.
7. Comparison with Similar Rules in Adjacent States:
Illinois -
Rules established by the Illinois Department of State Police provide guidance on the public safety answering point grant process and criteria for issuing grants to offset nonrecurring costs associated with 911 system consolidation for jurisdictions with a population of less than 500,000 (Illinois Administrative Code, Title 83, Chapter IV, Part 1327 - 9-1-1 Emergency Systems Consolidation Grants).
Iowa -
Rules established by the Iowa Department of Homeland Security & Emergency Management govern the distribution of their 911 emergency communications fund which is funded through the Iowa wireline 911 service surcharge and emergency communications service surcharge. The 911 emergency communications fund is allocated to public safety answering points based on square mileage of the 911 service area and based on the number of wireless 911 calls. If any funds are remaining in the overall 911 emergency communications fund, they may be distributed through grants to public safety answering points "for the purpose of developing and maintaining GIS [Geographical Information System] data to be used in support of the next generation 911 network" and for non-recurring costs associated with voluntary public safety answering point consolidation.
(Chapter 34A of the Iowa Statues and Iowa Administrative Code Section, Homeland Security and Emergency Management [605], ch. 10.) Michigan -
No state-funded public safety answering point competitive grant program or similar rules found. Public safety answering points are funded directly from a state 911 fee, local surcharges, and training fund under section 484.1101-484.1717 of the Michigan Statutes.
Minnesota -
No state-funded public safety answering point competitive grant program or similar rules found. Public safety answering points are funded directly from a state 911 fee for eligible expenses identified in section 403.113 (3) of the Minnesota Statutes.
8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
