HSB 104 (LSB 1445XD (5) 91)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT BILL)

A BILL FOR

An Act relating to emergency telephone systems including next generation 911 systems and public safety answering points.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 34A.2, subsection 17, Code 2025, is amended to read as follows:
   17.  “Next generation 911 network service provider” “Next generation 911 core service provider” means a vendor or vendors selected by the department of homeland security and emergency management to provide next generation 911 network functionality. 
    Sec. 2.  Section 34A.7A, subsection 2, paragraph b, subparagraph (2), unnumbered paragraph 1, Code 2025, is amended to read as follows:
   The amount allocated under this paragraph “b” shall be sixty fifty-five percent of the total amount of surcharge generated per calendar quarter allocated as follows:
    Sec. 3.  Section 34A.7A, subsection 2, paragraph b, Code 2025, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (4)  Notwithstanding subparagraph (2), the amount allocated under this paragraph “b” shall be forty-six percent until completion of phase 1 and phase 2 of the next generation 911 transition as described in 47 C.F.R. pt. 9, subpt. J. This subparagraph is repealed upon completion of phase 1 and phase 2 of the next generation 911 transition as described in 47 C.F.R. pt. 9, subpt. J. The department shall notify the Iowa Code editor upon the occurrence of this condition.
    Sec. 4.  Section 34A.7A, subsection 2, paragraph d, subparagraph (1), Code 2025, is amended to read as follows:
   (1)  The program manager shall reimburse next generation 911 network core service providers, 911 call processing equipment providers, and 911 call transport providers, and third-party 911 automatic location identification database providers on a calendar quarterly basis for the costs of maintaining and upgrading the next generation 911 network functionality, 911 call processing equipment, and 911 call transport from the next generation 911 network to public safety answering points and from the wireless originating service provider network to the next generation 911 network, and the automatic location identification database.
    Sec. 5.  Section 34A.7A, subsection 2, paragraph f, subparagraph (1), subparagraph division (a), Code 2025, is amended by striking the subparagraph division.
    Sec. 6.  Section 34A.8, Code 2025, is amended to read as follows:
   34A.8  Local exchange service information —— penalty.
   1.  A local exchange service provider shall furnish to the next generation 911 network core service provider, designated by the department of homeland security and emergency management, all names, addresses, and telephone number information concerning its subscribers which that will be served by the next generation 911 network and shall periodically update the local exchange service information. The 911 service provider shall furnish the addresses and telephone number information received from the local exchange service provider to the director for use in the mass notification and emergency messaging system as defined in section 29C.2. The local exchange service provider shall receive as compensation for the provision of local exchange service information charges according to its tariffs on file with and approved by the Iowa utilities commission. The tariff charges shall be the same whether or not the local exchange service provider is designated as the next generation 911 network core service provider by the department of homeland security and emergency management.
   2.  a.  Subscriber information remains the property of the local exchange service provider.
   b.  The director, program manager, joint 911 service board, local emergency management commission established pursuant to section 29C.9, the designated next generation 911 network core service provider, and the public safety answering point, and their agents, employees, and assigns, shall use local exchange service information provided by the local exchange service provider solely for the purposes of providing 911 emergency telephone service or providing related mass notification and emergency messaging services as described in section 29C.17A utilizing only the subscriber’s information, and local exchange service information shall otherwise be kept confidential. A person who violates this paragraph is guilty of a simple misdemeanor.
   c.  This chapter does not require a local exchange service provider to sell or provide its subscriber names, addresses, or telephone number information to any person other than the designated next generation 911 network core service provider.
    Sec. 7.
  PUBLIC SAFETY ANSWERING POINT STUDY.
  The department of homeland security and emergency management shall study and make recommendations to the general assembly by January 1, 2026, regarding the following topics:
   1.  The concept of public safety answering point managed service where one or more public safety answering points could enter into an agreement with another public safety answering point or joint service board for the sharing of management, staffing, policies and procedures, and equipment and systems.
   2.  When the managed public safety answering point could operate at less than every hour of every day as needed while calls for the service area are answered by the managing public safety answering point.
   3.  Recommendations for funding arrangements and terminology for the managed public safety answering point and managing public safety answering point.
   4.  Identification of technical and operational considerations for public safety answering points entering into an agreement.
   5.  Identification of points where consolidation of systems and equipment are feasible.
    Sec. 8.
  TRANSITION PROVISIONS.

   1.  It is the intent of this Act to implement the requirements of 47 C.F.R. pt. 9, subpt. J, to facilitate the transition to next generation 911 by originating service providers.
   2.  To further the development of the next generation 911 network in the state, the department of homeland security and emergency management is directed to work with the Iowa communications network to procure and implement new internet protocol routers for ingress by local exchange providers in a fashion that ensures modernization, redundancy, and resiliency of the next generation 911 network. Upon completion, the department of homeland security and emergency management shall notify the current legacy 911 selective router provider to decommission the existing legacy 911 selective routers.
   3.  Between the effective date of this Act and June 30, 2026, the department of homeland security and emergency management shall begin the process of preparing to fund wireline cost recovery. During this time period, the responsibility to fund wireline cost recovery shall remain with the joint 911 service board where applicable and as current practice exists immediately prior to the effective date of this Act.
   4.  Beginning July 1, 2026, and continuing until a valid phase 1 request is in place as described in 47 C.F.R. pt. 9, subpt. J, wireline cost recovery shall be the responsibility of the department of homeland security and emergency management. The responsibility to fund wireline cost recovery once a valid phase 1 request is in place shall follow the procedures set forth in 47 C.F.R. pt. 9, subpt. J.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to emergency telephone systems by implementing federal rules regarding next generation 911 systems and requiring a study on public safety answering points.
   Under current law, the joint 911 service boards are allocated 60 percent of the funds generated by the emergency communications service surcharge each quarter. The bill decreases this allocation to 46 percent until the completion of phase 1 and phase 2 of the next generation 911 transition as referenced in 47 C.F.R. pt. 9, subpt. J, at which point, the percent of funds generated by the emergency communications service surcharge each quarter allocated by the program manager to joint 911 service boards shall increase to 55 percent.
   The bill changes the defined term “next generation 911 network service provider” to “next generation 911 core service provider” and makes corresponding changes of the term throughout the chapter.
   Under current law, moneys collected due to the imposition of the emergency communications service surcharge are deposited in the 911 emergency communications fund. Moneys remaining in the 911 emergency communications fund after paying all obligations may first be used to provide grants to public safety answering points agreeing to consolidate. The bill eliminates this distribution option.
   The bill creates transition provisions in order to implement 47 C.F.R. pt. 9, subpt. J. In a corresponding order, the federal communications commission stated that the purposes of the regulations are to expedite the transition to next generation 911, to help ensure the nation’s 911 system functions effectively, and to support the deployment of advanced 911 capabilities. The order defines responsibilities and sets deadlines for originating service providers to implement next generation 911 capabilities on their networks and deliver 911 calls to next generation 911 systems.
   The bill directs the department of homeland security and emergency management (department) to work with the Iowa communications network to procure and implement new internet protocol routers to improve the next generation 911 network. Once the department completes implementation of the new routers, the bill directs the current router provider to decommission the existing routers.
   The bill directs the department, between the effective date of the bill and June 30, 2026, to begin the process of preparing to fund wireline cost recovery. During that time, joint 911 service boards shall fund wireline cost recovery as applicable. The bill states that wireline cost recovery will be the responsibility of the department from July 1, 2026, until a valid phase 1 request is in place as described in 47 C.F.R. pt. 9, subpt. J. The responsibility to fund wireline cost recovery once a valid phase 1 request is in place follows the procedures set forth in 47 C.F.R. pt. 9, subpt. J.
   The bill directs the department to study multiple topics concerning public safety answering points (PSAPs) and make recommendations to the general assembly by January 1, 2026. The topics include the concept of PSAP managed service where one or more PSAP could enter into an agreement with another PSAP or joint service board for the sharing of management, staffing, policies and procedures, and equipment and systems; when the managed PSAP could operate at less than every hour of every day as needed while calls for the service area are answered by the managing PSAP; funding arrangements and terminology for the managed PSAP and managing PSAP; technical and operational considerations for PSAPs entering into an agreement; and points where consolidation of systems and equipment are feasible.