WEST virginia legislature
2020 regular session
House Bill 4049
By Delegates Howell, Bibby, J. Jeffries, Waxman, Cadle and Fast
[Introduced January 08, 2020; Referred to the Committee on Technology and Infrastructure then Government Organization]
A BILL to amend and reenact §24-6-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section designated §24-6-15; all relating to establishing Next Generation 911 services in this state; providing for expanded definitions; establishing a commission to study Next Generation 911 services; providing for commission membership; providing for travel expense reimbursement under certain conditions; establishing the commission’s duties; requiring a preliminary report to the Joint Committee on Government and Finance; requiring a final report to the Joint Committee on Government and Finance and to the Governor; and establishing an effective date and termination date of the commission.
Be it enacted by the Legislature of West Virginia:
article 6. local emergency telephone system.
As used in this article, unless the context clearly requires a different meaning:
(1) “Automatic location identification” or “ALI” means a telecommunications network capability that enables the automatic display of information defining the geographical location of the telephone used to place a wireless enhanced 911 call.
(2) “Automatic number identification” or “ANI” means a telecommunications network capability that enables the automatic display of the telephone number used to place a wireless enhanced 911 call.
(3) “Commercial mobile radio service provider” or “CMRS provider” means cellular licensees, broadband personal communications services (PCS) licensees and specialized mobile radio (SMR) providers, as those terms are defined by the Federal Communications Commission, which offer on a post-paid or prepaid basis or via a combination of those two methods, real-time, two-way switched voice service that is interconnected with the public switched network and includes resellers of any commercial mobile radio service.
(2) (4) “County answering point” or “Public
safety answering point” or “PSAP” means a facility to which enhanced
emergency telephone system 911 calls for a county are
initially routed for response and where county personnel respond to specific
requests for emergency service by directly dispatching the appropriate
emergency service provider, relaying a message to the appropriate provider or
transferring the call to the appropriate provider. (3) (5) “Emergency services organization” means
the organization established under §15-5-1 et seq. of this code. (4) (6) “Emergency service provider” means any
emergency services organization or public safety unit.
(7) “Emergency telephone system” means a telephone system which through normal telephone service facilities automatically connects a person dialing the primary emergency telephone number to an established public agency answering point, but does not include an enhanced emergency telephone system.
(8) “Emergency services IP network” or “ESInet” means a shared public safety agency-managed Internet-Protocol (IP) network that: (A) Is used for emergency services communications; (B) provides an IP transport infrastructure that is capable of carrying voice and data and that supports NG911 service core functions such as routing and location validation of emergency service requests; and (C) is engineered, managed, and intended to support emergency public safety communications and 911 service.
(6) (9) “Enhanced emergency telephone system” or
“enhanced 911 service” means a telephone system which automatically
connects the person dialing the primary emergency number 911 to
the appropriate county answering point with ALI and ANI data. and
in which the telephone network system automatically provides to personnel
receiving the call, immediately on answering the call, information on the
location and the telephone number from which the call is being made and, upon
direction from the personnel receiving the call, routes. or
dispatches the call by telephone, radio or any other appropriate means of
communication to emergency service providers that serve the location from which
the call is made
(10) “Next Generation 911” or “NG911” means a service that: (A) Consists of coordinated intrastate 911 IP networks serving residents of West Virginia with the routing of emergency service requests, by voice or data, across public safety ESInets; (B) automatically directs 911 emergency telephone calls and other emergency service requests in data formats to the appropriate PSAP by routing using geographical information system data; (C) provides for ALI and ANI features; and (D) interconnects with enhanced 911 service.
(7) (11) “Prepaid wireless calling service” means
prepaid wireless calling service as defined in §11-15-2 of this code. (8) (12) “Public agency” means the state and any
municipality, county, public district, or public authority which provides or
has authority to provide firefighting, police, ambulance, medical, rescue, or
other emergency services. (9) (13) “Public safety unit” means a functional
division of a public agency which provides fire fighting, police, medical,
rescue, or other emergency services. (10) (14) “Telephone company” means any public
utility and any CMRS provider which is engaged in the provision of telephone
service whether primarily by means of wire or wireless facilities. (11) (15) “Comprehensive plan” means a plan
pertaining to the installing, modifying, or replacing of telephone switching
equipment; a telephone utility’s response in a timely manner to requests for
emergency telephone service by a public agency; a telephone utility’s
responsibility to report to the Public Service Commission; charges and tariffs
for the services and facilities provided by a telephone utility; and access to
an emergency telephone system by emergency service organizations. (12) (16) “Technical and operational standards”
means those standards of telephone equipment and processes necessary for the
implementation of the comprehensive plan as defined in subdivision (11) of this
(17) “VoIP service” means interconnected voice over Internet protocol service as defined in the code of Federal Regulations, Title 47, Part 9, section 9.3, as amended.
§24-6-15. Commission to implement NG911 in West Virginia.
(a) Legislative findings. – (1) The Legislature finds that:
(A) Communication technology has substantially outpaced the legacy communication technology presently utilized by most public safety answering points in the State of West Virginia;
(B) The lack of modern technology is impacting the ability of the 911 system to efficiently and effectively provide responses to emergencies;
(C) West Virginia citizens expect a 911 emergency service to be reliable and efficient; and
(D) Modernizing West Virginia’s 911 system to include new and evolving capabilities of broadband voice and data communications is essential for the safety and security of the general public and first responders.
(2) The Legislature further finds that it is necessary to implement Next Generation 911 emergency services and to create a framework to help guide the transition to implementation of Next Generation 911 services.
(b) Commission established. – (1) This article establishes a Commission to Advance NG911 in West Virginia.
(2) The commission consists of the following members:
(A) Two members of the Senate of West Virginia, appointed by the President of the Senate;
(B) Two members of the House of Delegates, appointed by the Speaker of the House;
(C) The chairman of the Public Service Commission or designee;
(D) The Chief Technology Officer from the West Virginia Office of Technology, or designee;
(E) The Chairperson of the Commission for the Deaf and Hard of Hearing, or designee;
(F) Four representatives from PSAPs, appointed by the Governor with the advice and consent of the Senate from a list of 12 names selected by the County Commission Association of West Virginia;
(G) Four county government representatives, familiar with county purchasing and finances, appointed by the Governor with the advice and consent of the Senate from a list of 12 names selected by the County Commission Association of West Virginia;
(H) The following nonvoting members appointed by the Governor;
(i) One representative from the broadband industry offering service within West Virginia;
(ii) One representative from a local exchange carrier offering service within West Virginia;
(iii) One representative from the wireless communications industry offering service within West Virginia.
(3) The commission may call upon anyone with necessary expertise and knowledge to provide any advice relevant to the commission’s purpose.
(4) The commission shall elect the chair of the commission.
(5) The entities represented on the commission in §24-6-14(b)(2)(A) through §24-6-14(b)(2)(G) of this code shall jointly provide staff for the commission. Additional staff may be requested through the Joint Committee on Government and Finance.
(c) A member of the commission may not receive compensation as a member of the commission, but may receive reimbursement for related travel expenses as prescribed by the West Virginia State Travel Management Office, as provided in the state budget.
(d) Duties of the commission. – The commission shall study and make recommendations regarding:
(2) The current statutory and regulatory framework for the management and funding of the current enhanced 911 or other emergency phone systems in the state;
(3) Federal, state, and local authorities, agencies, and governing bodies whose participation and cooperation will be necessary for the implementation of NG911 services in this state;
(4) The costs required to plan, test, implement, manage, and operate NG911 technology and services;
(5) Best practices, policies, and procedures for public safety telecommunications;
(6) Any efforts, projects, or initiative in progress or planned to upgrade the enhanced 911 systems in this state or implement NG911 in any county of this state;
(7) Any other issues the commission may consider useful in the planning and implementation of NG911 emergency communication services in West Virginia.
(e) Preliminary report .– On or before December 31, 2020, the commission shall submit a preliminary report to the Joint Committee on Government and Finance regarding:
(1) The needs, both capital and operating, to bring efficient and effective NG911 technology and service across West Virginia, and estimated costs;
(2) The current funding structure for both state and local support for enhanced 911 or emergency telephone systems and the adequacy in supporting current service and NG911 service;
(3) Comparisons of the current West Virginia Wireless 911 fee pursuant to §24-6-6b of this code and the charge mechanisms used in other states;
(4) Potential changes to the fee in §24-6-6b of this code, including additional charge mechanisms and the estimated effect of the implementation of full-service NG911 across this state;
(5) Grant funding applicable to promote and ensure ideal support for maintenance, training, and other costs associated with both the transition to NG911 service and the continued function of effective call centers; and
(6) Other issues related to financing, procuring, and maintaining effective NG911 across this state.
(f) Final report .– On or before December 31, 2021, the commission shall submit a final report to the Joint Committee on Government and Finance and to the Governor regarding:
(1) The final expected costs and funding sources associated with NG911, including, final recommendations to change fees pursuant to §24-6-6b of this code or any additional charging mechanism, or grant funds applicable to implement and maintain NG911;
(2) The implementation, management, operation, and ongoing development of NG911 emergency communication services during both NG911 transition to expanded service and the permanent service;
(3) The current statutory and regulatory framework for the management and funding of NG911 services in the state;
(4) Federal, state, and local authorities, agencies, and governing bodies whose participation and cooperation will be necessary for the implementation of NG911 services in this state;
(5) Recommendations for oversight of NG911 services and ongoing oversight of expenses and funding;
(6) Best practices, policies, and procedures for public safety telecommunications;
(7) Any efforts, projects, or initiative in progress or planned to upgrade the enhanced 911 systems in this state or implement NG911 in any county of this state;
(8) Any other issues the commission may consider useful in the planning and implementation of NG911 emergency communication services in West Virginia.
(g) Effective date. – This commission shall be in full force and effect on June 1, 2020. The commission shall remain in effect until June 30, 2022, and, with no further action by the Legislature, the commission shall sunset and cease to exist.
NOTE: The purpose of this bill is to require implementation of next generation 911 phone services.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.