AN ACT

 

1Amending Title 35 (Health and Safety) of the Pennsylvania
2Consolidated Statutes, further providing for powers and
3duties of the Pennsylvania Emergency Management Agency and
4for disbursement of fund amounts by agency.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 5311.2(a) of Title 35 of the Pennsylvania
8Consolidated Statutes is amended by adding a paragraph to read:

9§ 5311.2. Powers and duties of agency.

10(a) Administration.--The agency shall have the following
11powers and duties in relation to a wireless E-911 system:

12* * *

13(4) To provide counties with plans that contain cost-
14saving measures that provide joint purchasing opportunities 
15and facilitate regionalization of technology and 
16consolidation of PSAPs and their operations. The agency shall 
17provide suggested industry-acceptable and uniform standards 
18for levels of staffing and uniform standards of operation.

1* * *

2Section 2. Section 5311.5(b), (c) and (d)(3) of Title 35 are
3amended to read:

4§ 5311.5. Disbursement of fund amounts by agency.

5* * *

6(b) Limitations on use of fund amounts by PSAPs.--No PSAP
7shall receive a disbursement from the fund for any cost
8necessary to house the wireless E-911 system or for the purchase
9of real estate, cosmetic remodeling, ambulances, fire engines or
10other emergency vehicles, utilities, taxes and other expenses as
11determined by the agency. [No more than 70% of the disbursements
12which a PSAP receives from the fund during the agency's fiscal
13year may be utilized to fund personnel training, salary and
14benefit costs.] No PSAP may be funded for more than 70% of its 
15agency-approved personnel training, salary and benefit costs 
16during the agency's fiscal year.

17(c) Manner of payment.--Each PSAP and wireless provider
18shall submit to the agency each year, not later than 120 days
19before the first day of the agency's fiscal year, the eligible
20costs it expects to incur for wireless E-911 service during the
21next fiscal year of the agency. The submission may include
22eligible costs that the PSAP or wireless provider has already
23incurred for wireless E-911 service at the time of the
24submission. The agency shall review the submission, ensure that
25the costs are eligible for payment from the fund and notify the
26submitting PSAP or wireless provider, not later than 30 days
27before the first day of the agency's fiscal year, of the
28eligible costs. [The agency shall pay to each PSAP and wireless
29provider, from the fund, the amount of the submitted costs the
30agency determined to be eligible, whether or not the costs have

1been incurred at or before the time of payment and whether or
2not the costs, if already incurred, were incurred prior to March
329, 2004.] The agency shall disburse funds to each PSAP and 
4wireless provider for costs the agency determines to be eligible 
5only up to the amount of fund revenue available for distribution 
6during the agency's fiscal year. No costs may be carried forward 
7for payment by the agency in subsequent fiscal years, except 
8that the agency shall fund all approved and unfunded costs 
9submitted in wireless fiscal year 2012-2013 that are applied for 
10in wireless fiscal year 2013-2014. Payment shall be made in four
11equal payments during the first month of each quarter of the
12agency's fiscal year as follows:

13(1) The agency shall first pay the costs approved for
14each PSAP that are payable in the quarter.

15(2) Following the payment of approved costs to a PSAP
16for Phase I deployment of wireless E-911 service as set forth
17in the FCC E-911 Order, but only after the PSAP has issued
18its request to wireless providers to furnish Phase I wireless
19E-911 service pursuant to the FCC E-911 Order, the agency
20shall pay the approved costs of wireless providers that are
21payable in the quarter to provide the requested wireless E-
22911 service to that PSAP.

23(3) Following the payment of approved costs to a PSAP
24for Phase II deployment of wireless E-911 service as set
25forth in the FCC E-911 Order, but only after the PSAP has
26issued its request to wireless providers to furnish Phase II
27wireless E-911 service pursuant to the FCC E-911 Order, the
28agency shall pay the approved costs of wireless providers
29that are payable in the quarter to provide the requested
30wireless E-911 service to that PSAP.

1(4) In any quarter of the agency's fiscal year, all
2costs specified in section 5311.4(a)(1) that are approved by
3the agency for payment to PSAPs or wireless providers shall
4be paid before any other costs payable under this chapter are
5paid to any PSAP or wireless provider. In the first quarter
6of the agency's fiscal year, the agency shall determine
7whether payments to PSAPs and wireless providers during the
8preceding fiscal year exceeded or were less than the eligible
9costs incurred by each PSAP and wireless provider submitting
10costs during the fiscal year. Each PSAP and wireless provider
11shall provide verification of the costs as required by the
12agency. Any overpayment shall be refunded to the agency or,
13with the agency's approval, may be used to pay agency-
14approved costs the PSAP or wireless provider submitted for
15the current fiscal year of the agency. [The amount of any
16underpayment will be paid to the PSAP or wireless provider in
17accordance with this subsection and subsection (d) within the
18current fiscal year.] The agency shall reconsider a
19determination of eligible costs under this subsection upon
20request by a submitting PSAP or wireless provider and shall
21provide a procedure for the reconsideration.

22(d) Pro rata sharing of fund amounts.--

23* * *

24[(3) Any remaining unpaid agency-approved PSAP costs or
25wireless provider costs shall be carried forward for payment
26during the next fiscal quarter. The carryforward process
27shall continue each fiscal quarter until all agency-approved
28PSAP costs and wireless provider costs have been paid. Pro
29rata and other payments under this subsection, including, but
30not limited to, payments of costs which are carried forward

1for payment in subsequent fiscal quarters, shall also be
2subject to all provisions and requirements of subsection (c)
3except for subsection (c)(1).]

4* * *

5Section 3. The Pennsylvania Emergency Management Agency
6shall, within 120 days of the effective date of this section,
7promulgate updated program guidance to incorporate the following
8provisions:

9(1) The addition of 35 Pa.C.S. § 5311.2(a)(4).

10(2) The amendment of 35 Pa.C.S. § 5311.5(b) and (c).

11Section 4. This act shall take effect immediately.

 

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