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:
Administrative rules that outline eligibility criteria and funding purposes to govern a grant program are a common mechanism to ensure a grant process is transparent and consistent. As described above, Iowa and Illinois both use rules to govern the distribution of their 911 grant funding. Similar rules typically outline eligibility criteria, grant purposes, and standards that must be met to maintain eligibility for grant funding.
A significant portion of the proposed rule was modeled after the State of Ohio's Emergency Services IP-based Network (ESInet) Steering Committee 2016 rules for Public Safety Answering Point Operations used to administer funding disbursements under section 128.55 of the Ohio Statutes, as well as definitions and standards set by the National Emergency Number Association (NENA). The Ohio PSAP Operations rules outline requirements that PSAPs must satisfy to be eligible for state grant disbursements, including minimum staffing levels, initial and ongoing training standards, service standards, and statistical reporting requirements.
9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
This rule does not have an effect on small businesses because the eligibility criteria and minimum standards established by the proposed rule are only applicable to eligible public safety answering points in Wisconsin. Please see the attached economic impact analysis.
10. Effect on Small Business:
The proposed rule does not impose any compliance, service standards, or reporting requirements on small businesses and therefore has no effect on small businesses.
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RULE TEXT
SECTION 1. Chapter DMA 2 is created to read: COMPETITIVE GRANTS FOR PUBLIC SAFETY ANSWERING POINTS
DMA 2.01 Authority and purpose. This chapter is promulgated under the authority of s. 256.35 (3s) (bm), Stats., to establish the eligibility criteria and appropriate purposes for awarding competitive grants to local public safety answering points for Next Generation 911. DMA 2.02 Definitions. In this chapter:
(1) “Basic training” means the minimum level of training for a telecommunicator who performs 911 call taking or emergency services dispatching.
(2) “Department” means the department of military affairs.
(3) “Designated public safety answering point” means a public safety answering point identified pursuant to s. DMA 2.04 as the one public safety answering point in a given county that is eligible to receive grants under this chapter. (4) “Emergency services” includes public or private organizations that provide law enforcement, emergency medical, or firefighting services and that at the request of a public safety answering point or dispatch center respond to and manage emergencies, calls for service, or critical incidents when they occur.
(5) “Equipment and software expenses” means the expenses incurred to purchase and maintain technology and data required for a public safety answering point and telecommunicator to communicate, locate, and dispatch emergency services to a 911 caller.
(6) “First class cities” are those cities that meet the criteria set forth in s. 62.05, Stats. (7) “Grant period” means the period of time, as established by the department, in which grant funds can be spent by a public safety answering point.
(8) “Grants” means competitive public safety answering point grants authorized by s. 256.35 (3s) (bm), Stats. (10) “911 subcommittee” means the 911 subcommittee created in s. 15.315 (2), Stats. (11) “Public safety answering point” has the meaning given in s. 256.35 (1) (gm), Stats. (12) “Telecommunicator” means an emergency response coordination professional trained to receive, assess, and prioritize requests for emergency assistance.
DMA 2.03 Designated Public Safety Answering Point.
(1) Grants under this chapter may only be awarded to one public safety answering point per county. The single public safety answering point eligible to apply for grants in a given county shall be designated by resolution of its county board, except that, in counties with first class cities, the single public safety answering point shall be designated by majority vote of an intergovernmental cooperation council established pursuant to s. 66.0301, Stats. (2) Once a public safety answering point has been designated under sub. (1), no other public safety answering point in that county may be awarded a grant in that grant period or any subsequent grant period.
DMA 2.04 Minimum Training and Service Standards. This section establishes minimum training and service standards that designated public safety answering points must meet in order to be eligible to apply for grants.
(1) The designated public safety answering point shall establish and implement a basic training program that provides at least 40 hours of training to a telecommunicator by utilizing a commercially available program or a self-developed training program.
(2) The basic training program established under sub. (1) shall provide instruction to a telecommunicator in all of the following areas:
(a) The general knowledge and awareness of the geography, population, and demographic served, including emergency services agencies and their jurisdictions.
(b) The incident command system, national incident management system, interoperable communications plans, and emergency operations plans.
(c) The procedures for accurately processing and relaying caller information in accordance with established public safety answering point procedures, obtaining complete caller information, properly classifying and prioritizing requests for emergency services, and processing available caller information to identify conditions that may affect safety.
(d) The appropriate use of emergency services terminology and the ability to communicate clearly in written and oral form, especially when relaying emergency information to emergency services or communicating with the public requesting emergency assistance.
(e) The procedures to operate and respond to emergency alerts.
(f) The certifications required to operate computer applications and databases necessary to perform assigned duties, including radio communication equipment, computer equipment, telecommunication equipment, and computer applications and systems.
(g) The procedures to process and document records and operate records systems.
(3) The designated public safety answering point shall establish and implement a policy that does all of the following:
(a) Prohibits a telecommunicator from handling any request for emergency services without direct supervision until the telecommunicator receives at least 40 hours of basic training.
(b) Requires a telecommunicator employed by the designated public safety answering point prior to the submission of an application for a grant to start the basic training program established under sub. (1) before the date of the application and be scheduled to complete the program within 12 months of starting the basic training.
(c) Requires a telecommunicator hired after the date of the application for a grant to complete the basic training program established under sub. (1) within 12 months of hire.
(4) The designated public safety answering point shall receive wireline and wireless 911 calls directly.
(5) The designated public safety answering point shall be in operation 24 hours per day, 7 days per week and have a minimum of 2 telecommunicators on duty and available to receive and process requests for emergency assistance while the designated public safety answering point is in operation.
(6) The designated public safety answering point shall answer 90 percent of requests for emergency assistance within 10 seconds and 95 percent of requests for emergency assistance within 20 seconds.
(7)
(a) The designated public safety answering point shall establish and implement a continuity of operations plan to maintain operations in the event of catastrophic failure.
(b) A telecommunicator employed by the designated public safety answering point shall be trained in the continuity of operations plan established under par. (a) at least annually.
(c) At a minimum, the continuity of operations plan must address all of the following:
1. The designated public safety answering point operational processes that identify key communications and information technology components.
2. The processes required for the designated public safety answering point to recover operations.
3. The roles and responsibilities of a communications response team that may be deployed to restore emergency services operations.
4. Employee training exercises necessary to implement and maintain the continuity of operations plan.
5. Interoperable communications planning and operations.
6. A list of essential contacts, including public safety answering point and emergency services staff.
7. A list of priority services available during disruptions to the designated public safety answering point operations.
8. Identification of an alternate operations site.
(8) To remain eligible for grant funding, within 3 years following the first grant award, the designated public safety answering point shall, in circumstances where a caller may require medical assistance, provide emergency medical dispatching by doing any of the following:
