ARC 2740C

ARC 2740C

HOMELAND SECURITY AND EMERGENCY MANAGEMENT DEPARTMENT[605]

Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code sections 17A.3 and 34A.22, the Homeland Security and Emergency Management Department hereby gives Notice of Intended Action to amend Chapter 10, "Enhanced 911 Telephone Systems," Iowa Administrative Code.

The proposed amendments are intended to implement 2016 Iowa Acts, House File 2439 and Senate File 2326, which amend Iowa Code chapter 34A. These amendments primarily focus on the distribution of collected wireless E911 surcharge revenues. First, the amount of wireless E911 surcharge revenues passed to the local E911 services board is increased from 46 percent to 60 percent of revenues collected. The method by which these funds are disbursed remains unchanged from current practice. Funds are disbursed based on wireless 911 call volume and square miles of the E911 service area for the associated public safety answering point (PSAP). Second, a one-time payment of $4,383,000 is made to the Public Safety Department for payment of the 2017 state fiscal year financing agreement entered into by the Treasurer of State for the statewide interoperable communications system as described in Iowa Code section 29C.23 as amended by 2016 Iowa Acts, Senate File 2326. Last, any unspent funds, not to exceed $4,400,000, may be spent in the following order of priority: grants for PSAPs to consolidate physical facilities and technology, funding of public awareness and educational campaigns, and funding to PSAPs for communications equipment related to receiving and dispatching 911 calls as well as costs to access the statewide interoperable communications system.

Consideration will be given to all written suggestions or comments on the proposed amendments received on or before November 1, 2016. Such written materials should be sent to the Administrative Rules Coordinator, Department of Homeland Security and Emergency Management, 7900 Hickman Road, Suite 500, Windsor Heights, Iowa 50324; fax (515)725-3260; or e-mail to john.benson@iowa.gov.

Also, there will be a public hearing on November 1, 2016, at 11 a.m. in the Department of Homeland Security and Emergency Management Cyclones Conference Room at 7900 Hickman Road, Suite 500, Windsor Heights, Iowa, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments.

These amendments will have a fiscal impact to local E911 service boards. The increase in the wireless E911 surcharge revenue pass-through from 46 percent to 60 percent is projected to increase the annual amount of revenue received by the E911 Service Board from $12,800,000 to $16,800,000. The funds made available to the service boards after all costs have been addressed are limited to $4,400,000 in state fiscal year 2017. In state fiscal year 2016, the fund provided $11,000,000 to local E911 service boards after all costs had been addressed. The $11,000,000 expenditure rate was not anticipated to be continued for an extended period of time as the rate was implemented to spend down the surplus balance.

After analysis and review of this rule making, no impact on jobs has been found.

These amendments were also Adopted and Filed Emergency and are published herein as ARC 2741C. The content of that submission is incorporated by reference.

These amendments are intended to implement Iowa Code chapter 34A as amended by 2016 Iowa Acts, House File 2439 and Senate File 2326.