Changes in 9-1-1 Summary of Final Report and Legislation: SB0096 Awaiting the Governor’s Signature for the 99 th General Assembly 9-1-1 Services Advisory.

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Presentation transcript:

Changes in Summary of Final Report and Legislation: SB0096 Awaiting the Governor’s Signature for the 99 th General Assembly Services Advisory Board Disclaimer: This presentation is based on the best information at the time of authorship. The Board’s actual Report, applicable statewide except in Chicago, is available at icc.illinois.gov, and is the only definitive source for the Services Advisory Board’s recommendations. Best information as of 6/4/2015 1Version 12

Definitions JCAR – Joint Committee on Administrative Rules: a bipartisan legislative oversight committee created by the General Assembly. Pursuant to the Illinois Administrative Procedure Act, the committee is authorized to conduct systematic reviews of administrative rules promulgated by State agencies. JETSB- Joint Emergency Telephone System Board: A new organization that is derived from the consolidation of ETSBs and/or Qualified Governmental Entities. STATEWIDE ADVISORY BOARD: Appointed by the governor, having additional powers, and different from the current “911 State Advisory Board” (911SAB). The new Board is headed by the Administrator under the Illinois State Police. The Statewide Administrator is a position appointed by the Governor, separate and apart from the Illinois State Police. UNITARY MONTHLY STATEWIDE SURCHARGE: A unified per-line rate for all devices and methods (wireline, wireless, VoIP) to support services. Version 12Best information as of 6/4/20152

Public Act (last year), SAB to plan for a State-Wide NG911 System (Due date 4/1/2015) (1) defines the structure of the statewide network; SB0096 creates an RFI/RFP to define it (2) a plan and timeline for the transition to a statewide network; SB0096 establishes a 5-Year Plan (2020) (3) consolidation of systems and services; SB0096 contains a formula to reduce # of PSAPs, merge ETSBs, provides grants (4) plan for the implementation of the Statewide Next Generation 9-1-1; SB0096 create an RFI/RFP to implement NG911 (5) list of costs for which the moneys from the Wireless Service Emergency Fund should not be used; Remains with the current language we have today. Best information as of 6/4/20153Version 12

(6) costs necessary for the systems to adequately function; SB0096, as part of the RFI/RFP process, will define it (7) the adequate amount of the wireless surcharge in order to support sufficient services throughout the State (except for Chicago); Determined to be $0.87 for both wireless and wireline, can/will/may increase Prepaid increases to 3% at Point-of-Sale (8) a plan and timeline for the payment of past due Wireless Carrier Reimbursement Fund invoices to wireless carriers; Resolved and WCRF will be tapered off over 5 years (9) the proper division of responsibilities between the Statewide Administrator and the Illinois Commerce Commission for the oversight of funding distribution, technological standards, and system plan authorizations, modifications and consolidations going forward; Outlined in SB0096, other relationships between ICC and ISP to be determined in JCAR Public Act (last year), SAB to plan for a State- Wide NG911 System (Due date 4/1/2015) Best information as of 6/4/20154Version 12

Combine Three Laws into One Within SB0096 Wireline (50 ILCS 750/) Emergency Telephone System Act. Eliminate referenda language and cease the setting of local rates for wireline Cease the creation of any new ETSBs, unless they are Joint ETSBs Wireless (50 ILCS 751/) Wireless Emergency Telephone Safety Act. Pre-Paid (50 ILCS 753/) Prepaid Wireless Surcharge Act. All aspects of combined into one Act: (50 ILCS 750/) Emergency Telephone System Act. Best information as of 6/4/20155Version 12

Statewide Network by 2020 Illinois State Police (ISP) will conduct two requests for proposals (RFPs) (1)RFP issued by July 1, 2016 to select a consultant to conduct a feasibility study on the implementation of a statewide Next Generation network in Illinois. Suggested completion date of July 1, (2)Within 12 months of receiving the consultant’s completed study an RFP should be issued. This will involve the ISP contracting with a single system provider who will actually design, build and potentially share in the operation of the Statewide NG9-1-1 Network. This Network should be completed no later than July 1, Best information as of 6/4/20156Version 12

Assurance of Ubiquitous Services Statewide Within two years, the areas not served by E9-1-1 will be required to provide Enhanced Currently, nine (9) counties without service Five (5) have never enacted a referendum for a wireline surcharge under the Emergency Telephone System Act Four (4) of these counties have enacted referenda but have yet to create and operate a system. SB0096 mandates the provision of services within all of these areas by requiring the respective county authorities to join with nearby ETSBs to create joint systems within two (2) years. SB0096 provides funds for these counties to implement as a priority. Best information as of 6/4/20157Version 12

Consolidation of Systems and Services by July 1, 2017 A county with at least 250,000 (but < 1M), having more than one ETSB, JETSB, or QGE, each system shall reduce the number of PSAPs by at least 50% or to 2 PSAPs, whichever is greater. Nothing shall preclude consolidation of ETSBs, JETSBs, or QGEs in forming one JETSB. (i.e. circumstances in DuPage, Lake, and Kane). A county with at least 250,000 population having a single ETSB and more than 2 PSAPs, the number of PSAPs must be reduced by at least 50% or to 2 PSAPs, whichever is greater. A county with at least 250,000 population having more than one ETSB serving a population of less than 25,000 shall be consolidated such that no ETSB in the county serves a population less than 25,000. Any ETSB that does not have a PSAP within its jurisdiction shall be consolidated through an intergovernmental agreement with an existing ETSB that has a PSAP to create a joint board. Best information as of 6/4/20158Version 12

Consolidation of Systems and Services by July 1, 2017 (Continued) Any county with a population of less than 250,000 having a single ETSB and more than 2 PSAPs, the number of PSAPs must be reduced by at least 50% or to 2 PSAPs, whichever is greater. Any county with a population of less than 250,000 that has more than one ETSB and more than 2 PSAPS, the boards must be consolidated into a single joint board, and the number of PSAPs must be reduced by at least 50% or to 2 PSAPs, whichever is greater. The corporate authorities of each county that has no service must enter into an intergovernmental agreement with an existing ETSB. Best information as of 6/4/20159Version 12

Approvals and Exemptions from Consolidation The entities subject to consolidation shall submit consolidation plans for approval by July 1, 2016 to the State Administrator (ISP). An entity could receive a waiver from the consolidation requirement if it demonstrates that the consolidation: would result in a substantial threat to public safety, or would be economically unreasonable, or would be technically infeasible. The waiver would be considered by the Statewide Administrator after recommendation of the Statewide Advisory Board. Grants will be made available to assist in consolidation efforts. Grants may be extended back to consolidations occurring since Best information as of 6/4/201510Version 12

New Format for Surcharges Create a uniform statewide surcharge, to be applied on an equitable basis to all purchasers of wireline, postpaid wireless, Interconnected Voice over Internet Protocol (VoIP), and cable-provided telecommunications services; $0.87/line/month, and 3% Point-of-Sale for pre-paid wireless (except Chicago) Centralized collection and distribution of revenues Administrator; Illinois could forfeit Federal grant funds if surcharge funds are diverted. Centralized payment of network costs for local systems; “Hold harmless” Systems will receive at least the average of the monthly fees collected per the previous year’s reported surcharge revenue. Funding the Statewide Advisory Board, and provide for staffing expense and for other State expenses necessary to procure NG9-1-1 and to provide and administer discretionary grants that will facilitate consolidation and pave the way for NG9-1-1 at the local level. Best information as of 6/4/201511Version 12

Uniform and Equalized Rate aka “Single Rate” One surcharge for any device. It is a single, equalized rate. Per the ICC attorney, a “unitary monthly statewide surcharge”. OLD WAY Wireline (fixed location & VoIP) Rate set by local referendum: $0.00 to $5.00/month/line across the state Wireless Rate was set by law at $0.73/month/line statewide Prepaid Wireless 1.5% Point-of-Sale NEW WAY (all devices/methods) Wireline (fixed location & VoIP)* Rate set by law: $0.87 statewide for all ETSBs and Authorities Wireless Rate set by law at $0.87 statewide Prepaid Wireless (to support NG and Consolidation) 3% Point-of-Sale * Distribution formula makes adjustments to have all ETSBs “made whole” where current rates may be over $0.87, aka “Hold Harmless”. Best information as of 6/4/201512Version 12

Priority of Surcharge Distribution – Part 1 “subject to appropriations” Of the $0.87 collected by each carrier, they can deduct up to 3% for Administrative fees (Section 20) The carriers may add any additional compliance or regulatory costs (no cap, no limits) over and above the 3% Administration costs, to the subscriber’s phone bill. (Section 20) THEN…. A – $0.013 distributed to the 87 counties under 100,000 population B – $0.033 for the Wireless Carrier Reimbursement Fund, tapered off to zero by June 31, 2021 C – $0.007 for the Administrator A, B, and C derived from Section 30, then distributed per Part 2… Version 12Best information as of 6/4/201513

Priority of Surcharge Distribution – Part 2 … of the remainder after Part 1 A – Established ETSBs that reported last year, the average monthly payments from the previous reporting year, or monthly payment of 1/12 of what was reported last year. (Hold Harmless/Made Whole) B – The state will pay for all network connections (currently CAMA trunk costs and toll charges) previously paid by each ETSB/system C – All administrative costs to support the Administrator, the cost of the RFP for a design consultant, all costs for the RFP for network build-out, any procurement approved by the Administrator and Board D – Funds may be held in reserve each year (with caps) for grants for consolidation (15.4a and 15.4b) E – Established ETSBs handling wireless calls receive what is left Version 12Best information as of 6/4/201514

Pre-July 2015 Wireless Rate FundRateAdminICC Wireless Carrier Fund $ % of the total $0.05 Wireless Services Emergency Fund $ 0.66 $0.01 ICC oversight and regulation Wireless Services Emergency Fund $ 0.02 Divided up by low-pop counties, ~$24,00/87 counties. Total $ 0.73 ETSB HI Population $ 0.65 Populations over 100,000 ETSB LO Population $ 0.65Plus share Population under 100,00 plus ~$24,000 Best information as of 6/4/201515Version 12

Phase out of Wireless Carrier Fund OLD-Current, $0.05 of the current $0.73 $0.04 for cellular system improvements for wireless call handling and other purposes $0.01 for administration and compliance NEW – Shift Carrier Reimbursement Fund to grants funds for consolidation and NG911 over time Change rate to $0.033 After year 2, start to phase out Eventually eliminate altogether over the following 5 years. Shift funds to grants as it is phased out Best information as of 6/4/2015 The Wireless Carrier Reimbursement Fund (WCRF) is to be phased out--eliminated by July 1, After its elimination, wireless carriers would be able to deduct 3% of the surcharge to pay for administrative costs in the same manner as wireline carriers. 16Version 12

Allowable Costs, Audits and Financial Reports The allowable costs will continue as described in the current WETSA and ETSA, included in SB96. Annual audit submissions will continue. Continue to submit Financial Reports. Best information as of 6/4/201517Version 12

9-1-1 Oversight Responsibilities of the State The legislation creates a new Office of the Statewide Administrator within the Department of State Police. The Office will include a State Administrator to be appointed by the Governor for a 2 year term. It is not clear if the State Administrator needs be from existing staff within the Illinois State Police. (20 ILCS ). The Statewide Advisory Board is to advise the Department of State Police Office of Statewide Administration on oversight of in Illinois. It appears the legislation removes most of the day-to-day oversight authority from the ICC and transfers it to the Illinois State Police. (50 ILCS 750/75). The Department of State Police is authorized to use and enforce the current Administrative Code, Parts 725 and 726, until it can revise those codes. (JCAR) The details of the transfer of oversight authority from the ICC to ISP will be not totally understood until the rulemaking process is completed. (JCAR) Version 12Best information as of 6/4/201518

Sunset: July 1, 2017 Two (2) years. Gives ISP time to organize, come up to speed, and settle in to their new role; gives the ICC time to settle into their modified role. Coincides with consolidation mandates/guidelines for ETSBs and PSAPs. Coincides with provisioning to areas that do not currently have E Allows for a status check for overall NG911 progress. Allows for establishing a history of work for the new Statewide Advisory Board. Allows for review the adequacy of funding Version 12Best information as of 6/4/201519

Milestones: The final report was approved by all members of the Services Advisory Board on March 26, The report was distributed to all legislators. A summary of the report was distributed 4/20/2015. Legislative language introduced/presented on May 25, House Amendments #3 and #4 were added to Senate Bill 0096 “SURFACE MINING-BONDS”. The House passed Amendments #3 and #4 on May 29, 2015, and SB96 passed the Senate on May 31, Pending signature of the Governor, it will become a Public Act (law) Summer of Watch for Emergency Rulemaking at JCAR to implement the new law. Best information as of 6/4/201520Version 12

SUMMARY: THE PROPOSED LEGISLATION WAS A COMPROMISE THAT PROVIDES SOME ASSISTANCE TO PUBLIC SAFETY COMMUNICATIONS. ALL LEGISLATION, WHETHER IT IS THIS CURRENT BILL OR THE WIRELESS LEGISLATION IN THE 1990’S, IS A COMPROMISE AND WAS SUBJECT TO NEGOTIATION. THE SERVICE PROVIDERS AND THE I.C.C. HAD PROPOSALS THAT WERE NOT INCLUDED IN THE PROPOSED LEGISLATION OR WERE CHANGED THROUGH THE NEGOTIATION PROCESS. A SURCHARGE INCREASE, MOVEMENT TOWARD NG 9-1-1, NO CHANGE IN THE AUTHORIZED EXPENDITURES OF SURCHARGE FUNDS, AND CREATION OF A STATEWIDE AUTHORITY ARE ALL PRINCIPALS WE HAVE FOUGHT FOR, AND SOON WILL HAVE. Best information as of 6/4/201521Version 12