35 PA Cons Stat § 5303 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 35 - HEALTH AND SAFETY|Chapter 53 - 911 Emergency Communication Services|Section 5303 - Telecommunications management

§ 5303. Telecommunications management. (a) Powers and duties of agency.--The agency shall have the following powers and duties:  (1) To adopt rules and regulations as necessary to enforce this chapter. Rules and regulations proposed under the authority of this section shall be subject to review by the General Counsel and the Attorney General in the manner provided for the review of proposed rules and regulations pursuant to the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, and the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.  (2) To publish guidelines and application procedures for the collection and distribution of fees collected under this chapter.  (3) To receive, review and approve or disapprove all 911 system plans in accordance with standards developed in consultation with the board.  (4) To establish, in consultation with the board, a Statewide 911 plan that sets forth priorities for 911 systems in this Commonwealth and plans for next generation 911 technology.  (5) To designate a State 911 coordinator who shall be an employee of the agency. (6) To provide administrative and support staff to the board as necessary. (7) To establish formulas and methods to distribute money in accordance with section 5306.1 (relating to fund) in consultation with the board.  (8) To establish and publish annually uniform standards relating to technology, next generation 911 technology, administration and operation of 911 systems in consultation with the board.  (9) To cooperate with county and regional 911 systems to develop interconnectivity of 911 systems through the establishment, enhancement, operation and maintenance of an Internet protocol network.  (10) To establish and publish annually, in consultation with the board, eligible uses for money received under this chapter, including next generation 911 technology.  (11) To request information and require audits or reports relating to program compliance from any entity remitting the surcharge to or receiving disbursements from the fund.  (11.1) To subpoena witnesses, administer oaths, examine witnesses, take such testimony and compel the production of such books, records, papers and documents as it may deem necessary or proper in and pertinent to any proceeding, investigation or hearing.  (12) To require a biennial performance audit of each 911 system's use of money from the fund, including allocations to capital or operating reserves.  (13) To prescribe the applications and forms necessary to enforce this chapter. (14) No later than December 1 of each year, to report to the General Assembly on the revenue and distributions from the fund for the previous fiscal year and the compliance with the Commonwealth's 911 priorities. In addition, the report shall include a listing of any 911 systems that have merged or consolidated during the previous year.  (15) To adopt, in consultation with the board, minimum training, certification and quality assurance standards for emergency dispatchers, call takers and supervisors.  (16) To develop, in consultation with the board, a comprehensive plan for the implementation of a Statewide interoperable Internet protocol network using next generation 911 technology that coordinates the delivery of Federal, State, regional and local emergency services.  (17) To enforce this chapter through injunction, mandamus or other appropriate proceeding. (18) To take other actions necessary to implement and enforce this chapter. (b) Establishment of 911 board.--There is established a board within the agency to be known as the 911 board. The board shall be comprised of the following:  (1) The following State officials, who shall serve as voting members: (i) The director of the agency, who shall act as chairperson. (ii) The State 911 coordinator. (iii) The Commissioner of the Pennsylvania State Police. (iv) The chairman of the Veterans Affairs and Emergency Preparedness Committee of the Senate. (v) The minority chairman of the Veterans Affairs and Emergency Preparedness Committee of the Senate.  (vi) The chairman of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives.  (vii) The minority chairman of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives.  (viii) The State Fire Commissioner. (ix) The chairperson of the State Geospatial Coordinating Board. (2) The following local officials, who shall serve as voting members: (i) The mayor of a city of the first class. (ii) A county executive of a county of the second class. (iii) A county commissioner of a county of the second class A, or a home rule equivalent. (iv) A county commissioner of a county of the third or fourth class, or its home rule equivalent. (v) Two county commissioners of a county of the fifth, sixth, seventh or eighth class, or a home rule equivalent.  (vi) The 911 coordinator of a city of the first class. (vii) The 911 coordinator of a county of the second class. (viii) The 911 coordinator of a county of the second class A. (ix) The 911 coordinator of a county of the third or fourth class. (x) Two 911 coordinators of a county of the fifth, sixth, seventh or eighth class. (3) A representative from the following State agencies, who shall serve as nonvoting members, to be appointed by the chief executive or administrative officer of each agency:  (i) The Pennsylvania Public Utility Commission. (ii) (Deleted by amendment). (iii) The Governor's Office of Administration. (4) A representative from the following Statewide associations, who shall serve as nonvoting members:  (i) The Pennsylvania Chiefs of Police Association. (ii) The Fraternal Order of Police. (iii) The Pennsylvania Emergency Health Services Council. (iv) The Pennsylvania Fire and Emergency Services Institute. (v) The Association of Public-Safety Communications Officials. (vi) The Pennsylvania Chapter of the National Emergency Number Association. (vii) The Keystone Emergency Management Association. (viii) The Pennsylvania Professional Fire Fighters Association. (ix) The Firemen's Association of the State of Pennsylvania. (x) The Pennsylvania Wireless Association. (xi) The Pennsylvania Telephone Association. (xii) The Broadband Cable Association of Pennsylvania. (xiii) The Pennsylvania Municipal League. (xiv) The Pennsylvania State Association of Boroughs. (xv) The Pennsylvania State Association of Township Supervisors. (xvi) The Pennsylvania State Association of Township Commissioners. (xvii) The Ambulance Association of Pennsylvania. (xviii) The Pennsylvania Association of Councils of Governments. (5) A member of the general public, who shall serve as a nonvoting member. (b.1) Designee.--A voting member of the board may appoint a designee who must be an employee of the same agency or organization as the voting member to attend meetings.  (b.2) Gubernatorial appointees.--The Governor shall appoint the board members under subsection (b)(2)(iii), (iv), (v), (viii), (ix) and (x), (4) and (5) upon the recommendation of Statewide organizations and industry segments. Recommendations for appointments of county officials under subsection (b)(2) shall be requested by the Governor from the County Commissioners Association of Pennsylvania and recommendations for appointments of 911 coordinators under subsection (b)(2) shall be requested by the Governor from the State chapters of the National Emergency Number Association and the Association of Public Communications Officials. The following shall apply:  (1) Members appointed by the Governor are appointed to terms of two years and may serve no more than three consecutive terms.  (2) The Statewide organizations shall ensure that nominees are sufficiently proficient in 911 policies, operations and technologies and that the nominees provide a diverse representation from the western, central and eastern regions of this Commonwealth.  (3) The Governor shall make the initial appointments of members under subsection (b)(2), (4) and (5) within 90 days of the effective date of this paragraph. Initial terms for members appointed by the Governor shall be divided between one-year and two-year terms.  (4) Except a member appointed under subsection (b)(2)(i), (ii), (vi) or (vii), the Governor may remove an appointed member of the board for cause upon written notice to the board.  (5) A member's nonparticipation in three consecutive board meetings may be considered cause for removal.  (b.3) Quorum.--Thirteen members of the board shall constitute a quorum. When a quorum is present, three-fourths consent of members present and voting is required for any action of the board.  (b.4) Meetings.--The board shall meet at least once quarterly and at any special session called by the chairperson. All meetings of the board shall be conducted in accordance with 65 Pa.C.S. Ch. 7 (relating to open meetings).  (b.5) Compensation.--The members of the board shall serve without compensation but shall be reimbursed for their actual and necessary travel and other expenses in connection with attendance at meetings called by the chairperson.  (c) Powers and duties of board.--The board shall have the following powers and duties:  (1) To advise the agency on regulations and guidelines relating to the administration and operation of 911 systems in this Commonwealth relating to the following:  (i) Standards for performance reviews and quality assurance programs to ensure public safety and maintain and improve the performance of 911 systems.  (ii) Measures to ensure the compliance of 911 systems with current industry standards and applicable Federal regulations.  (iii) Cost-saving measures to include joint purchasing opportunities. (iv) Measures to promote regionalization of PSAPs. (v) Measures to promote next generation 911 technology. (vi) 911 planning guidelines. (vii) Training standards for emergency dispatchers, call takers and supervisors. (2) To provide advice and recommendations to the agency to develop and adopt formulas and methods to distribute money from the fund under section 5306.1.  (3) To promote effective communication and information sharing between the agency and county 911 coordinators and develop recommendations to improve 911 systems in this Commonwealth.  (4) To advise the agency on plans to deploy next generation 911 technology in 911 systems in this Commonwealth.  (5) To promote the regional use of technology. (6) To promote sharing of information among the agency, 911 systems and other State and local agencies relating to the operation and improvement of 911 systems.  (d) Exemption.--The Pennsylvania State Police telecommunications facilities are exempt from the telecommunications management of the agency and the board.  (June 29, 2015, P.L.36, No.12, eff. imd.; June 28, 2019, P.L.142, No.17, eff. imd.; Nov. 7, 2019, P.L.617, No.83, eff. imd.)    2019 Amendments. Act 17 amended subsecs. (a)(15) and (b)(1), (3) and (4) and Act 83 amended subsec. (a).  Cross References. Section 5303 is referred to in section 5302 of this title.