1 TAC §251.6
The Commission on State Emergency Communications (CSEC) adopts
an amendment to §251.6, concerning guidelines for regional planning commissions
to use when developing regional strategic plans, with changes to the proposed
text as published in the April 14, 2006, issue of the
Texas Register
(31 TexReg 3136). The non-substantive change is to delete
the phrase "for state appropriations years 2004-2005" from renumbered subsection
(c).
Section 251.6 establishes a framework to be used in developing regional
strategic plans for provisioning 9-1-1 service. The rule also provides instructions
on the allocation of revenue and parameters on funding for ancillary equipment
such as voice recorders and pagers, and emergency power equipment, including
generators. The language to be deleted from the published rule is outdated
as it covers appropriation years 2004-2005.
No comments were received regarding adoption of amendment to §251.6.
The amendment is adopted pursuant to the Texas Health and Safety
Code, Chapter 771, §§771.051, 771.071, 771.0711, 771.072, and 771.075;
and Texas Administrative Code, Title 1, Part 12, Chapter 251, Regional Plan
Standards, which provide the Commission on State Emergency Communications
with the authority to plan, develop, fund, and provide provisions for the
enhancement of effective and efficient 9-1-1 service.
§251.6.Guidelines for Strategic Plans, Amendments, and Revenue Allocation.
(a)
Purpose. The Commission on State Emergency Communications
(Commission) establishes this rule to provide guidelines for a regional planning
commission (RPC) to follow in developing or amending its regional plan and
in describing how money allocated by the Commission is to be allocated in
the region.
(b)
Definitions. Unless the context clearly indicates otherwise,
terms contained in this rule are defined as shown in Commission Rule 251.14,
General Provisions and Definitions.
(c)
Regional Plan Budgets. Regional plans shall be consistent
with the Administration, Equipment, and Program Budgets approved by the Commission.
The Program Budget includes the following four major strategic plan levels
(in order of priority):
(1)
Level I: The equipment, network, and database equipment
and/or services that provide the essential elements of 9-1-1 service, including
the maintenance and replacement of equipment.
(A)
Network;
(B)
Wireless;
(C)
Database;
(D)
Equipment Lease;
(E)
Language Line; and
(F)
Equipment Maintenance.
(2)
Level II: The activities, equipment, and/or services that
directly support and enhance 9-1-1 call delivery and data maintenance for
the level of service provided to the region.
(A)
Database Maintenance;
(B)
MIS;
(C)
Mapped ALI;
(D)
PSAP Room Prep;
(E)
PSAP Training; and
(F)
Public Education.
(3)
Level III: The activities, equipment, and/or services that
provide auxiliary enhancements to the delivery of 9-1-1 calls and the level
of service provided to the region.
(A)
Network Diversity;
(B)
PSAP Supplies; and
(C)
Ancillary Maintenance & Repair.
(4)
Level IV: Use of Revenue in Certain Counties. The activities,
equipment, and/or services that provide necessary auxiliary enhancements to
the 9-1-1 system of a county eligible under Health and Safety Code section
771.0751 because it has a population over 700,000 or is the county that has
the highest population within an RPC participating in the Commission program
.
(d)
Regional Plans. Regional plans developed in compliance
with Chapter 771 and Commission Rule 251.1 shall include projected financial
operating information for at least the two state fiscal years following submission
of the plan; and strategic planning information for at least the five state
fiscal years following submission of the plan.
(1)
The Commission shall establish the format of regional plans
for the sake of identifying overall statewide requirements in its implementation.
(2)
Regional plans shall be consistent with the four major
implementation priority levels identified above and with all applicable Commission
policies and rules.
(3)
An RPC shall submit financial reports at least quarterly
on a schedule to be established by the Commission. The financial report shall
identify actual implementation costs by county, regional plan priority level
and component.
(4)
An RPC shall submit performance reports at least quarterly
on a schedule to be established by the Commission. The performance report
shall reflect the progress of implementing the RPC's regional plan, including
the status of equipment, services and program deliverables, in a format to
be determined by the Commission.
(e)
Amendments to Regional Plans.
(1)
An RPC may make changes to its approved regional plan to
accommodate unanticipated requirements and/or to prevent disruption of its
implementation schedule, contingent upon compliance with all Commission policies
and procedures.
(2)
Requests for amendments to the regional plan shall be submitted
in writing to the Commission. The documentation required for changes will
be submitted according to Commission policy. The Commission shall take action,
no fewer than four times annually, on any regional plan amendment request
submitted for approval.
(3)
Emergency situations requiring amendments to regional plans
that require additional funding may be presented to the Commission for review
and consideration contingent upon the availability of such funds within the
Program Budget level priorities in subsection (c) of this section.
(f)
Allocation of Revenue.
(1)
Service Fee allocation--Consistent with Health and Safety
Code sections 771.056(d) and 771.078, the Commission shall allocate, by contract,
service fee revenue to an RPC contingent on the availability of appropriated
funds.
(2)
Equalization Surcharge Funds
(A)
Within the context of Health and Safety Code section 771.056(d),
the Commission shall consider any revenue insufficiencies to represent need
for equalization surcharge funding support.
(B)
Consistent with this rule, the Commission shall allocate,
by agreement, equalization surcharge funds and service fees to RPCs based
upon the Commission's statewide strategic plan and contingent upon the availability
of appropriated funds over a two-year period.
(C)
The Commission may allocate equalization surcharge to an
emergency communication district (District) based on District requests and
availability of appropriated funds.
(D)
Equalization surcharge funds shall be allocated first to
recipients requiring such funds for administrative budgetary purposes, followed
by the Program Budget level priorities in subsection (c) of this section.
(E)
If sufficient equalization surcharge funds are not available
to fund all RPC regional plan and District requests, funds shall be allocated
to provide a consistent level of 9-1-1 service throughout the State of Texas
in accordance with the Program Budget level priorities in subsection (c) of
this section. Allocation methods may include, but are not limited to, the
following:
(i)
In reverse order of priority, reducing the number of priority
level components supported with equalization surcharge funds; and/or
(ii)
In order of priority, proportionally allocating available
funds among requesting agencies.
(F)
The Commission may elect to hold a balance of equalization
surcharge funds in reserve for emergencies and other contingencies.
(g)
Funding Parameters for Ancillary Equipment. Ancillary Equipment
includes the following when the equipment supports 9-1-1 call delivery: surge
protection devices, emergency power equipment, voice recorders, and paging
systems. An RPC shall refer to the strategic planning guidelines for instructions
as to the appropriate budget line item to which the costs for purchase and
maintenance of these items should be assigned.
(1)
Paging Systems. Funding for the paging systems may be approved
when such systems are the most effective means of 9-1-1 call delivery. Funding
for pagers (receivers) will be limited to necessary core responders. The Commission
will fund the actual cost of the pagers not to exceed $450 per pager.
(2)
Voice Recording Equipment. Voice loggers may be approved
when the primary use of the equipment is in support of the 9-1-1 call-taking
and call-delivery function. Extra capacity on such systems may be used for
other public safety functions (such as dispatch).
(A)
The Commission will normally fund voice recording capability
in a PSAP to record the conversation on 9-1-1 lines and administrative or
10-digit emergency lines in order to also accommodate wireless, telematics,
and Voice over IP 9-1-1 emergency calls.
(B)
The Commission will normally fund recording capability
to record the transfer of an emergency call from the PSAP first answering
the call to the agency that is responsible for providing the required emergency
services.
(C)
The funding of recording devices to transfer information
from another recorder will be approved only upon specific justification of
need.
(D)
The following guidelines will apply to determine the amount
to be funded by the Commission:
(i)
For a 2 position PSAP, the Commission will fund the actual
cost of the recording system not to exceed $15,000; or
(ii)
For PSAPs with 3 positions or more, the Commission will
fund the actual cost of the recording system not to exceed $25,000.
(E)
The Commission will consider funding of recording capabilities
greater than those suggested by the guidelines when sufficient justification
is provided as part of a regional plan.
(3)
Emergency Power Equipment. Each PSAP location should be
evaluated by the RPC to determine if the emergency power system needs to be
updated to insure the ability to answer 9-1-1 calls in the event that commercial
power is interrupted. Emergency power equipment should be evaluated and tested
on a regular schedule. Other considerations include:
(A)
An uninterrupted power source (UPS) should be considered
as basic emergency power equipment. A UPS should provide continuous power
to keep essential 9-1-1 system components functioning for a short period of
time until generator or other emergency power equipment become operable, if
necessary. A UPS primarily functions continuously to maintain a clean source
of commercial power.
(B)
Generators should be considered as auxiliary emergency
power equipment and should directly support an existing (or planned) 9-1-1
system. A generator should provide continuous power to keep 9-1-1 equipment
specific to the PSAP functioning.
(C)
The following guidelines will apply to determine the amount
of generator costs to be funded by the Commission:
(i)
For a 2 position PSAP, the Commission will fund the actual
cost of the generator not to exceed $25,000.
(ii)
For PSAPs with 3 positions or more, the Commission will
fund the actual cost of the generator not to exceed $40,000.
(4)
Funding may be approved by the Commission for surge protection
devices when they are used for protection of 9-1-1 specific electronic equipment.
A complete evaluation of grounding at 9-1-1 PSAPs may be funded by the Commission.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on May 22, 2006.
TRD-200602848
Paul Mallett
Executive Director
Commission on State Emergency Communications
Effective date: June 11, 2006
Proposal publication date: April 14, 2006
For further information, please call: (512) 305-6933