id-15-0601-2501: Rules Governing the Idaho Public Safety Communications Commission
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The regulation proposes temporary and permanent rules to improve Idaho's emergency communication systems by addressing issues with outdated 911 infrastructure and funding methods. Public hearings will be held to discuss these changes, and the rules were initiated by the Idaho Office of Emergency Management, authorized under specific Idaho Code sections.
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Dear Senators GUTHRIE, Bernt, Ruchti, and Representatives CRANE, Scott, Achilles: The Legislative Services Office, Research and Legislation, has received the enclosed rules of the Office of the Governor - Idaho Military Division: IDAPA15.06.01-RulesGoverningtheIdahoPublicSafetyCommunicationsCommission-Temporary and Proposed Rule (Docket No. 15-0601-2501). Pursuant to Section 67-454, Idaho Code, a meeting on the enclosed rules may be called by the cochairmen or by two (2) or more members of the subcommittee giving oral or written notice to Research and Legislation no later than fourteen (14) days after receipt of the rules' analysis from Legislative Services. The final date to call a meeting on the enclosed rules is no later than 08/01/2025. If a meeting is called, the subcommittee must hold the meeting within forty-two (42) days of receipt of the rules' analysis from Legislative Services. The final date to hold a meeting on the enclosed rules is 08/29/2025. The germane joint subcommittee may request a statement of economic impact with respect to a proposed rule by notifying Research and Legislation. There is no time limit on requesting this statement, and it may be requested whether or not a meeting on the proposed rule is called or after a meeting has been held. To notify Research and Legislation, call 334-4854, or send a written request to the address on the memorandum attached below. Page 1 of 1 Terri Kondeff Director MEMORANDUM TO: Rules Review Subcommittee of the Senate State Affairs Committee and the House State Affairs Committee FROM: Legislative Drafter - Kyle Slominski DATE: July 15, 2025 SUBJECT: Office of the Governor - Idaho Military Division IDAPA 15.06.01 - Rules Governing the Idaho Public Safety Communications Commission-Temporary and Proposed Rule (Docket No. 15-0601-2501) Summary and Stated Reasons for the Rule The Idaho Office of Emergency Management, Military Division submits notice that a temporary rule has been adopted and proposed rulemaking procedures have been initiated. The Division states that the temporary and proposed rules are necessary to improve Idaho’s emergency communication systems and reduce regulatory burden. Negotiated Rulemaking / Fiscal Impact The Military Division states that negotiated rulemaking was not conducted due to the time constraints associated with the upcoming Idaho Public Safety Communications Commission grant cycle. The Division also states that there is no fiscal impact to the general fund. Statutory Authority Idaho Code sections 31-4816 and 31-4819 provide statutory authority to promulgate this rule. cc: Office of the Governor - Idaho Military Division Maj. Gen. Michael J. Garshak *** PLEASE NOTE *** Per the Idaho Constitution, all administrative rules may be reviewed by the Legislature during the next legisla- tive session. The Legislature has 3 options with this rulemaking docket: 1) Approve the docket in its entirety; 2) Reject the docket in its entirety; or 3) Reject the docket in part. Paul Headlee, Deputy DirectMatt Drake, Manager Keith Bybee, ManagerApril Renfro, Manager Norma Clark, Manager Legislative Services OffResearch & Legislation Budget & Policy AnalysLegislative AuditsInformation Technology Statehouse, P.O. Box 83720 Tel: 208–334–2475 Boise, Idaho 83720–0054 legislature.idaho.gov IDAPA 15 – OFFICE OF THE GOVERNOR MILITARY DIVISION – IDAHO PUBLIC SAFETY COMMUNICATIONS COMMISSION 15.06.01 – RULES GOVERNING THE IDAHO PUBLIC SAFETY COMMUNICATIONS COMMISSION DOCKET NO. 15-0601-2501 NOTICE OF RULEMAKING – TEMPORARY AND PROPOSED RULE
Effective Date
The effective date of the temporary rule is 1 May, 2025. AUTHORITY: In compliance with Sections 67-5221(1) and 67-5226, Idaho Code, notice is hereby given that this agency has adopted a temporary rule, and proposed regular rulemaking procedures have been initiated. The action is authorized pursuant to Section(s) 31-4816(18), Idaho Code, and 31-4819(1)(b) of the Idaho Code. PUBLIC HEARING SCHEDULE: Public hearings concerning this rulemaking will be held as follows: Thursday, May 8, 2025 12:00 p.m. (MT) In person meeting details: 11331 Chinden Blvd Boise ID 83714 Online participation via Teams available at: Link Meeting ID: 299 280 763 7405 Passcode: Yw3YP6m7 Thursday, May 15, 2025 12:00 p.m. (MT) In person meeting details: 11331 Chinden Blvd Boise ID 83714 Online participation via Teams available at: Link Meeting ID: 218 912 809 7629 Passcode: Fb77GW9V The hearing site(s) will be accessible to persons with disabilities. Requests for accommodation must be made not later than five (5) days prior to the hearing, to the agency address below. DESCRIPTIVE SUMMARY: The following is the required finding and concise statement of its supporting reasons for adopting a temporary rule and a nontechnical explanation of the substance and purpose of the proposed rulemaking: Nontechnical Explanation of the Substance and Purpose of the Proposed Rulemaking • Legacy 911 systems and copper infrastructure throughout the State of Idaho are degraded and encounter reduced supportability from the industry. Further, the structure was designed for land-lines and does not IdahoAdministrative Bulletin Page 46 May 7, 2025 – Vol. 25-5 GOVERNOR’S OFFICE – IMD – IPSCC Docket No. 15-0601-2501 Idaho Public Safety Communications Commission Rules Temporary & Proposed Rule provide location of cellular calls; resulted in lost and transferred calls. The current funding method via the 911 Emergency Communications Grant Fee is insufficient for long term funding of modern IP based systems. • Legacy 911 systems do not provide location routing resulting in lost or transferred calls: Idaho leads the nation in cellular-only households. Over 85% of 911 calls are made via cellular phones. • Legacy systems lack redundancy; a downed PSAP only has the option of forwarding calls with the receiving agency attempting to determine information. NG911 is internet protocol based and automatically transfers to functioning PSAPs with location data. • 18 July 2024 FCC Report and Order 24-78 requires wireless providers to enable technology to deliver emergency calls via internet protocol in preparation for future needs. • Stand-alone, short-term purchases of NG911 systems and equipment costs are up to 40% more than unified, five-year contracts. Additionally, Unified systems function at a higher level and ensure all public safety access points (PSAPs) operate with the same technology • Current emergency services network costs acquired through year-to-year pricing are 25-30% higher than a five-year acquisition per Idaho Regional Optical Network leadership. • CurrentAdministrative Rules only allow contracts up to two years; making acquisition fiscally unattainable. Whereas five-year contracts would sufficiently reduce costs to modernize grant participating PSAPs within allowable ranges of the grant fund. • The inability to move forward during this grant-cycle will result in some agencies attempting to purchase expensive small-scale systems to avoid failure. These small-scale purchases historically have not worked well with adjacent agencies and are not fiscally sustainable long-term. • Broad purchases, like what the administrative rule change would allow, are in line with the National Emergency NumberingAssociation (NENA) i3 standards. • Six items of unutilized criteria are removed from the application process to reduce regulatory burden. Required Finding and Concise Statement for Temporary Rulemaking IDAPA 15.06.01 Subchapter B-Commission Grants 101. GRANT CYCLE (.01) Provides application guidance to applicants 30 days sooner (.02) Expands the period for consideration of amendments (.05) Provides for grant disbursement up to five years to allow for long-term contracts to reduce costs (.06) Clarifying language on return of unutilized funds 102 (.01/.02) Reduces requirements for application-allowing for participation in more cost-effective consolidated systems (.03) Greater opportunity to seek amendment with justification to reduce costs associated with creating a new grant request 103 (.02) Defines services associated with modern systems (.03e) Requires submission of GIS data necessary for functionality of modern systems 104 (.04-.09) Removed: unnecessary regulatory burden to both the applicants and Commission TEMPORARY RULE JUSTIFICATION: Pursuant to Section(s) 67-5226(1)(a) and 67-5226(1)(c), Idaho Code, the Governor has found that temporary adoption of the rule is appropriate for the following reasons: The temporary rule changes benefit the safety of Idaho citizens through the modernization of degraded 911 infrastructure and systems through the more efficient use of existing Emergency Communications Grant Fees. Further, these changes reduce the regulatory burden to both the applicants and Commission through the removal of six unutilized application criteria. FEE SUMMARY: The following is a specific description of the fee or charge imposed or increased: There are no proposed fees or fee increases in this request. FISCAL IMPACT: The following is a specific description, if applicable, of any negative fiscal impact on the state general fund greater than ten thousand dollars ($10,000) during the fiscal year: IdahoAdministrative Bulletin Page 47 May 7, 2025 – Vol. 25-5 GOVERNOR’S OFFICE – IMD – IPSCC Docket No. 15-0601-2501 Idaho Public Safety Communications Commission Rules Temporary & Proposed Rule There is no fiscal impact to the state general fund associated with this change. Changes allow for the more efficient use of the Emergency Communications Grant Fee to obtain necessary systems upgrades. NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(2), Idaho Code, negotiated rulemaking was not conducted because of time constraints associated with the upcoming Idaho Public Safety Communications Commission grant cycle (June 1-July31) and the inability of some agencies to defer maintenance and upgrades to the next cycle. However, the IPSCC held public meetings on December, 12 2024 and January 9, 2025 (on-line and in person) wherein the rule changes were presented for discussion and input. Both the meeting agendas and minutes were posted to the IPSCC site for review and input. The meetings were attended by IPSCC Commissioners, members of the vendor and telephone community, and stakeholders such as Idaho Information Technology Services. No objections were raised during those meetings or following periods. INCORPORATION BY REFERENCE: Pursuant to Section 67-5229(2)(a), Idaho Code, the following is a brief synopsis of why the materials cited are being incorporated by reference into this rule: No references made. ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance on technical questions concerning the temporary and proposed rule, contact Eric Newman 208-995-6984. Anyone may submit written comments regarding this proposed rulemaking. All written comments must be directed to the undersigned and must be delivered on or before May 28, 2025. DATED this 1st day of May, 2025. Eric Newman 911 Program Manager Idaho Military Division-Idaho Office of Emergency Management 4040 Guard St. Gowen Field, Boise, ID 83705 208-995-6984 THE FOLLOWING IS THE TEMPORARY RULE AND THE PROPOSED TEXT OF DOCKET NO. 15-0601-2501 (Only Those Sections With Amendments Are Shown.) 15.06.01 – RULES GOVERNING THE IDAHO PUBLIC SAFETY COMMUNICATIONS COMMISSION SUBCHAPTER B – COMMISSION GRANTS 100. GRANTADMINISTRATION.
01. Grant Administration. The moneys that may be available through the ECGF are from the
emergency communications fees placed in the Fund pursuant to Section 31-4819, Idaho Code. Administration of the Grants is detailed in Commission Policy Letter. (4-6-23)(5-1-25)T 101. GRANT CYCLE. IdahoAdministrative Bulletin Page 48 May 7, 2025 – Vol. 25-5 GOVERNOR’S OFFICE – IMD – IPSCC Docket No. 15-0601-2501 Idaho Public Safety Communications Commission Rules Temporary & Proposed Rule
01. Application Availability. The Commission will make an application and guidance available no
later than July June 1 of each year. (4-6-23)(5-1-25)T
02. Application Period. The Applicant has until July 31 to complete and submit the application to the
Commission unless prior coordination with the Commission has established an alternate date. (4-6-23)(5-1-25)T
03. Application Evaluation Period. Prior to September 15, the Commission and, if applicable, a grant
subcommittee, will evaluate the applications received. (4-6-23)
04. Award Notification. Prior to October 31, the Commission will issue notification to every
Applicant regarding the disposition of its grant request. (4-6-23)
05. Grant Disbursement. Grant disbursement will occur prior to April 30 Grant disbursement will be
in accordance with the agreed upon contract terms described within the approved grant application. Disbursements may be requested for up to five (5) years for consolidated efforts toward future 911 technologies and services. Disbursement of all other localized equipment and maintenance may be requested for up to two (2) years. The Grants and Finance Manager will report any deviations to the Commission during regularly scheduled meetings. (4-6-23)(5-1-25)T
06. Deadline for Return of Funds. All unused grant funds not expended for costs associated with
Applicant's award must be returned by the Applicant no later than May 31 of the final year of the approved grant. (4-6-23)(5-1-25)T 102. APPLICATION. A completed application must be submitted by the Applicant on or before the conclusion of the application period to be considered during the Grant Cycle. The applicant may coordinate with the Commission to establish an agreed upon alternate date provided there is justification. (4-6-23)(5-1-25)T
01. Application Frequency. Only one (1) application per Consolidated Emergency Communication
Center may be filed in any Grant Cycle, on the form required by the Commission The applicant must clearly state all grant applications in which their respective agency is a participant. (4-6-23)(5-1-25)T
03. Applicant’s Request forAmendment.AnApplicant may request an amendment to its application
or approved award after the application period has ended by. The applicant must sending both a written request and, the proposed application amendment, and stated justification to the IPSCC grant subcommittee. The Commission may grant such amendments at its discretion. (4-6-23)(5-1-25)T 103. AWARD ELIGIBILITY REQUIREMENTS.
01. Eligible Equipment. Only e Equipment identified as allowable in the application guidance may be
purchased with grant funds. (4-6-23)(5-1-25)T
02. Services. Maintenance service agreements, software delivery, technical assistance, and prescribed
upgrades associated with transitional or future state NG911 may be purchased with grant funds. (5-1-25)T 023. Award Consideration Criteria. To be considered for an award, an Applicant must meet all of the following requirements: (4-6-23) a. Be a Consolidated Emergency Communication Center collecting emergency communications fees in accordance with Title 31, Chapter 48, Idaho Code, delivering or seeking to deliver Consolidated Emergency Communication services; (4-6-23) b. Comply and warrant to comply with applicable law, including but not limited to Section 31- 4804(5), Idaho Code; (4-6-23) IdahoAdministrative Bulletin Page 49 May 7, 2025 – Vol. 25-5 GOVERNOR’S OFFICE – IMD – IPSCC Docket No. 15-0601-2501 Idaho Public Safety Communications Commission Rules Temporary & Proposed Rule c. Agree to follow all applicable bid laws in the acquisition of any equipment paid for with grant funds; and. (4-6-23)(5-1-25)T d. Agree to use any grant funds in strict compliance with the grant terms and agree to provide written documentation or proof of expenses to the Commission as required by the grant terms.; and (4-6-23)(5-1-25)T e. Submit a completed memorandum of agreement (MOA) for the maintenance and sharing of geospatial information systems (GIS) data no less than every three (3) months for the necessary functions of public safety software and systems. (5-1-25)T 104. CRITERIAFOR EQUIPMENT. The following weighted criteria will be used to evaluate applications for equipment, with maximum weight available for each criterion as indicated. Greater value will be assigned to conditions indicating greater need for each criterion: (4-6-23)
01. Applicant Equipment Age. The age of similar equipment currently in use by the Applicant; value
= fifteen (15). The application demonstrating older equipment will be assigned greater value. The application demonstrating replacement of older equipment with NG911/I3 compliant equipment will be assigned a greater value. (4-6-23)
02. Applicant Equipment Availability. Similar equipment currently in use by the Applicant; value =
fifteen (15). The application demonstrating lack of similar equipment will be assigned greater value; the application demonstrating no access to similar equipment will be assigned the maximum value. (4-6-23)
03. Anticipated Use. An estimate of the frequency of use for the equipment; value = fifteen (15). The
application demonstrating a higher ratio of dispatch per capita will be assigned greater value. (4-6-23)
04. Duration of Use. An estimate of the length of time the equipment would be used, expressed as a
mean time; value = fifteen (15). The application demonstrating a greater duration of use will be assigned greater value. (4-6-23)
05. Fiscal Resource Base. The proportion of operating budget supported by tax revenue; value = ten
(10). The application demonstrating less revenue from taxes expressed as a percent of total revenue for the most recent year will be assigned greater value. (4-6-23)
06. City, County and Taxing District Endorsement. The proportion of Idaho cities, counties and
Taxing Districts within which the Applicant’s primary service area occurs that endorse the application; value = five (5). The application demonstrating a larger percent of endorsements will be assigned greater value. (4-6-23)
07. Population. The number of people residing in the Consolidated Emergency Communications
Center’s service area; value = five (5). The application demonstrating a greater number of people will be assigned greater value. (4-6-23)
08. Square Mileage. The area served by the Consolidated Emergency Communications Center; value
= fifteen (15). The application demonstrating a greater square mileage will be assigned greater value. (4-6-23)
09. Number of Law Enforcement, Fire and Emergency Medical Service Agencies Dispatched.
Value = ten (10). The application demonstrating a higher number of law enforcement, fire and emergency medical service agencies will be assigned greater value. (4-6-23) 1003. Narrative. The need for and lack of availability of funds from other sources as documented by the Applicant; value = twenty (20). The application demonstrating a greater need for and lack of available funds will be assigned greater value. The application seeking to share resources and equipment with other 911 service areas (e.g., host remote) will be assigned a greater value. (4-6-23) IdahoAdministrative Bulletin Page 50 May 7, 2025 – Vol. 25-5
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