Bill Summary – FastDemocracy

Enrolled Copy                                                                       S.B. 130
                         911 COMMUNICATIONS AMENDMENTS
                                     2020 GENERAL SESSION
                                          STATE OF UTAH
                              Chief Sponsor: Wayne A. Harper
                              House Sponsor: Stephen G. Handy
 6
 LONG TITLE
 General Description:
        This bill modifies provisions relating to emergency communications systems.
 Highlighted Provisions:
        This bill:
        < modifies the powers of the Utah Communications Authority;
        < modifies provisions relating to the Utah Communications Authority sales, leases, or
 trades of public safety communications network capacity;
        < requires the PSAP advisory committee to recommend, the Utah Communications
 Authority Board to adopt, and public safety answering points to adopt a statewide
 CAD-to-CAD call handling and 911 call transfer protocol;
        < modifies provisions relating to the Utah Communications Authority's strategic plan;
        < requires the Utah Communications Authority to report to legislative committees on
 the authority's plan for and progress in implementing audit recommendations;
        < modifies provisions relating to Utah Communications Authority divisions and
 advisory committees;
        < provides for distributions from the Unified Statewide 911 Emergency Service
 Account to PSAPs who meet certain criteria;
        < eliminates language relating to required meetings involving the authority's executive
 director, the Radio Network Division, and stakeholders, and relating to a required
 comprehensive plan;
        < modifies the Utah Communications Authority's authority to charge fees;
        < requires the Department of Public Safety to enter into an agreement with a single
       S.B. 130                                                                        Enrolled Copy
 public safety answering point serving within a county;
        < modifies provisions relating to a required audit for certain counties;
        < requires public safety answering points to comply with specified 911 call transfer
 rates; and
        < makes technical changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        63H-7a-103, as last amended by Laws of Utah 2019, Chapter 509
        63H-7a-202, as last amended by Laws of Utah 2019, Chapter 509
        63H-7a-204, as last amended by Laws of Utah 2019, Chapter 509
        63H-7a-206, as last amended by Laws of Utah 2019, Chapter 509
        63H-7a-207, as repealed and reenacted by Laws of Utah 2019, Chapter 509
        63H-7a-208, as repealed and reenacted by Laws of Utah 2019, Chapter 509
        63H-7a-302, as last amended by Laws of Utah 2017, Chapter 430
        63H-7a-303, as last amended by Laws of Utah 2019, Chapter 509
        63H-7a-304, as last amended by Laws of Utah 2019, Chapter 509
        63H-7a-404, as last amended by Laws of Utah 2017, Chapter 430
        63H-7a-502, as last amended by Laws of Utah 2017, Chapter 430
        63I-2-263, as last amended by Laws of Utah 2019, Chapters 182, 240, 246, 325, 370,
 and 483
        69-2-201, as last amended by Laws of Utah 2019, Chapter 509
        69-2-202, as enacted by Laws of Utah 2017, Chapter 430
        69-2-203, as last amended by Laws of Utah 2019, Chapter 509
 ENACTS:
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       Enrolled Copy                                                                             S.B. 130
        63H-7a-206.5, Utah Code Annotated 1953
        63H-7a-304.5, Utah Code Annotated 1953
        69-2-204, Utah Code Annotated 1953
61
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 63H-7a-103 is amended to read:
        63H-7a-103. Definitions.
        As used in this chapter:
        (1) "911 account" means the Unified Statewide 911 Emergency Service Account,
 created in Subsection 63H-7a-304(1).
        (2) "911 call transfer" means the redirection of a 911 call from the person who initially
 receives the call to another person within the state.
        [(1)] (3) "Association of governments" means an association of political subdivisions
 of the state, established pursuant to an interlocal agreement under Title 11, Chapter 13,
 Interlocal Cooperation Act.
        [(2)] (4) "Authority" means the Utah Communications Authority created in Section
 63H-7a-201.
        (5) "Backhaul network" means the portion of a public safety communications network
 that consists primarily of microwave paths, fiber lines, or ethernet circuits.
        [(3)] (6) "Board" means the Utah Communications Authority Board created in Section
 63H-7a-203.
        (7) "CAD" means a computer-based system that aids PSAP dispatchers by automating
 selected dispatching and record-keeping activities.
        (8) "CAD-to-CAD" means standardized connectivity between PSAPs or between a
 PSAP and a dispatch center for the transmission of data between CADs.
        [(4)] (9) "Dispatch center" means an entity that receives and responds to an emergency
 or nonemergency communication transferred to the entity from a public safety answering point.
        [(5)] (10) "FirstNet" means the federal First Responder Network Authority established
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        S.B. 130                                                                      Enrolled Copy
 in 47 U.S.C. Sec. 1424.
        [(6)] (11) "Lease" means any lease, lease purchase, sublease, operating, management,
 or similar agreement.
        [(7)] (12) "Public agency" means any political subdivision of the state dispatched by a
 public safety answering point.
        [(8)] (13) "Public safety agency" means the same as that term defined in Section
 69-2-102.
        [(9)] (14) "Public safety answering point" or "PSAP" means an entity in this state that:
        (a) receives, as a first point of contact, direct 911 emergency communications from the
 911 emergency service network requesting a public safety service;
        (b) has a facility with the equipment and staff necessary to receive the communication;
        (c) assesses, classifies, and prioritizes the communication; and
        (d) dispatches the communication to the proper responding agency.
        [(10)] (15) "Public safety communications network" means:
        (a) a regional or statewide public safety governmental communications network and
 related facilities, including real property, improvements, and equipment necessary for the
 acquisition, construction, and operation of the services and facilities; and
        (b) 911 emergency services, including radio communications, connectivity, and 911
 call processing equipment.
        Section 2. Section 63H-7a-202 is amended to read:
        63H-7a-202. Powers and duties of the Utah Communications Authority.
        (1) The authority has the power to:
        (a) sue and be sued in the authority's own name;
        (b) have an official seal and power to alter that seal at will;
        (c) make and execute contracts and all other instruments necessary or convenient for
 the performance of the authority's duties and the exercise of the authority's powers and
 functions under this chapter, including contracts with public and private providers;
        (d) own, acquire, design, construct, operate, maintain, repair, and dispose of any
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        Enrolled Copy                                                                              S.B. 130
 portion of a public safety communications network utilizing technology that is fiscally prudent,
 upgradable, technologically advanced, redundant, and secure;
        (e) borrow money and incur indebtedness;
        (f) enter into agreements with public agencies, private [entities] persons, the state, and
 federal government to provide public safety communications network services on terms and
 conditions the authority considers to be in the best interest of the authority;
        (g) acquire, by gift, grant, purchase, or by exercise of eminent domain, any real
 property or personal property in connection with the acquisition and construction of a public
 safety communications network and all related facilities and rights-of-way that the authority
 owns, operates, and maintains;
        [(h) except as provided in Subsection (3), sell public safety communications network
 capacity to a state agency, a political subdivision of the state, an agency of the federal
 government, or a private entity engaged in a public safety purpose, if the sale is:]
        [(i) for a public safety purpose;]
        [(ii) consistent with the authority's duties under this chapter; or]
        [(iii) pursuant to:]
        [(A) an agreement entered into by the authority before January 1, 2017; or]
        [(B) a renewal of an agreement described in Subsection (1)(h)(iii)(A);]
        (h) sell, lease, or trade public safety communications network capacity, except
 backhaul network capacity, to a state agency, a political subdivision of the state, or an agency
 of the federal government;
        (i) sell, lease, or trade backhaul network capacity to a state agency, a political
 subdivision of the state, or an agency of the federal government for a public safety purpose;
        (j) sell, lease, or trade backhaul network capacity to a state agency, a political
 subdivision of the state, or an agency of the federal government for a purpose other than a
 public safety purpose, subject to a maximum of 50 megabytes per second in the aggregate at
 any one location;
        (k) subject to Subsection (2):
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        S.B. 130                                                                         Enrolled Copy
         (i) sell, lease, or trade backhaul network capacity to a private person for a public safety
 purpose, subject to a maximum of 50 megabytes per second in the aggregate at any one
 location; or
         (ii) sell, lease, or trade public safety communications network capacity, except
 backhaul network capacity, to a private person for any purpose;
         (l) sell, lease, or trade public safety communications network capacity, if the sale,
 lease, or trade is under an agreement the authority entered into before June 30, 2020, or under
 an extension of an agreement that the authority entered into before June 30, 2020;
         [(i)] (m) review, approve, disapprove, or revise recommendations regarding the
 expenditure of funds disbursed by the authority under this chapter; and
         [(j)] (n) perform all other duties authorized by this chapter.
         [(2) The authority may not intentionally overbuild the public safety communications
 network for the purpose of competing with a public or private provider of a
 telecommunications service.]
         [(3) Notwithstanding Subsection (1)(h), the authority may not sell public safety
 communications network capacity to any telecommunication carrier.]
         (2) (a) For a sale, lease, or trade to a private person under Subsection (1)(k), the
 authority shall require compensation from the private person that is:
         (i) fair and reasonable;
         (ii) competitively neutral;
         (iii) nondiscriminatory;
         (iv) open to public inspection;
         (v) established to promote access by multiple telecommunication facility providers;
 and
         (vi) set after the authority conducts a market analysis to determine the fair and
 reasonable value of public safety communications network capacity.
         (b) The authority shall conduct the market analysis required under Subsection
 (2)(a)(vi):
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        Enrolled Copy                                                                             S.B. 130
        (i) before a sale, lease, or trade to a private person under Subsection (1)(k); and
        (ii) thereafter no less frequently than every five years.
        (c) (i) Compensation charged under Subsection (2)(a) may be cash, in-kind, or a
 combination of cash and in-kind.
        (ii) In-kind compensation may not be charged without the agreement of the authority
 and the private person who will pay the in-kind compensation.
        (iii) The authority shall determine the present value of any in-kind compensation based
 on the incremental cost to the private person.
        (iv) The authority shall require the value of any in-kind compensation or combination
 of cash and in-kind compensation to be at least the amount of cash that would be paid if
 compensation were cash only.
        (3) The authority shall work with PSAPs to identify and address deficiencies relating to
 PSAP staffing and training.
        Section 3. Section 63H-7a-204 is amended to read:
        63H-7a-204. Utah Communications Authority Board powers and duties.
        The board shall:
        (1) manage the affairs and business of the authority consistent with this chapter;
        (2) adopt bylaws;
        (3) appoint an executive director to administer the authority;
        (4) receive and act upon reports covering the operations of the public safety
 communications network and funds administered by the authority;
        (5) receive and act upon reports from the Radio Network Division prepared pursuant to
 Subsection 63H-7a-402(1)(b) that identify the benefits, costs, and economic feasibility of using
 existing public or private facilities, equipment, or services consistent with Subsections
 63H-7a-402(1)(a)[,] and 63H-7a-404(2)(c), [and 63H-7a-404(3)] prior to issuing or approving
 a request for proposal;
        (6) ensure that the public safety communications network and funds are administered
 according to law;
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        S.B. 130                                                                      Enrolled Copy
        (7) examine and approve an annual operating budget for the authority;
        (8) receive and act upon recommendations of the director;
        (9) recommend to the governor and Legislature legislation involving the public safety
 communications network;
        (10) develop policies for the long-term operation of the authority and the performance
 of the authority's functions;
        (11) authorize the executive director to enter into agreements on behalf of the
 authority;
        (12) provide for the management and administration of the public safety
 communications network by rule made in accordance with Title 63G, Chapter 3, Utah
 Administrative Rulemaking Act;
        (13) exercise the powers and perform the duties conferred on the board by this chapter;
        (14) consider issues and information received from the public safety advisory
 committee and the PSAP advisory committee;
        (15) provide for audits of the authority; [and]
        (16) establish the following divisions within the authority:
        (a) 911 Division;
        (b) Radio Network Division;
        (c) Interoperability Division; and
        (d) Administrative Services Division[.]; and
        (17) on or before November 30, 2020, adopt a statewide CAD-to-CAD call handling
 and 911 call transfer protocol, after receiving the PSAP advisory committee's proposal under
 Subsection 63H-7a-208(9).
        Section 4. Section 63H-7a-206 is amended to read:
        63H-7a-206. Strategic plan -- Report.
        (1) The authority shall create, maintain, and review annually a statewide,
 comprehensive multiyear strategic plan, in consultation with state and local stakeholders [and],
 the PSAP advisory committee [created in Section 63H-7a-208], and the public safety advisory
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       Enrolled Copy                                                                          S.B. 130
 committee, that:
        (a) coordinates the authority's activities and duties in the:
        (i) 911 Division;
        (ii) Radio Network Division;
        (iii) Interoperability Division; and
        (iv) Administrative Services Division; and
        (b) includes [a plan for]:
        (i) a plan for maintaining, upgrading, and expanding the public safety communications
 network[; (ii) developing new systems; (iii) expanding existing systems], including
 microwave and fiber optics based systems;
        [(iv)] (ii) a plan for statewide interoperability;
        [(v)] (iii) a plan for statewide coordination; [and]
        (iv) radio network coverage maps; and
        [(vi)] (v) FirstNet standards.
        (2) The executive director shall update the strategic plan described in Subsection (1)
 before July 1 of each year.
        (3) The executive director shall, before December 1 of each year, report on the strategic
 plan described in Subsection (1) to:
        (a) the board;
        (b) the Executive Offices and Criminal Justice Appropriations Subcommittee; and
        (c) the Legislative Management Committee.
        (4) The authority shall consider the strategic plan described in Subsectio