Pennsylvania Statutes Title 35 Pa.C.S.A. Health and Safety § 5306.1. Fund

(1) The surcharge remitted under section 5307 (relating to payment, collection and remittance of surcharge by providers of 911 communications services) and the prepaid wireless surcharge remitted under section 5307.1 (relating to payment, collection and remittance of surcharge by sellers of prepaid wireless telecommunications service).

(2) Any money appropriated by the General Assembly.

(3) Money from any other public or private source.

(4) Interest accrued by the fund.

(1) The money in the fund shall be used only for reasonably necessary costs that enhance, operate or maintain a 911 system in this Commonwealth in accordance with the Statewide 911 plan established by the agency. For the purposes of this paragraph, reasonably necessary costs shall be determined by the agency, in consultation with the board, consistent with the following:

(2) Money from the fund shall not be expended on a 911 system that does not conform to the standards and guidance published by the agency.

(3) Money from the fund shall not be transferred for General Fund use by the Commonwealth or counties.

(1) Not less than 80% of the amount in the fund shall be disbursed to a 911 system through a mathematical formula established by the agency in consultation with the board, of which at least 30% shall solely be based on population.

(2) Up to 15% of the amount in the fund shall be used by the agency to establish, enhance, operate or maintain Statewide interconnectivity of 911 systems, including, but not limited to, the use or obligations of money for debt service related to regional or Statewide interconnectivity. Money under this paragraph may also be used to purchase a Statewide system designed to allow individuals to identify their phone numbers as associated with a person with a physical disability, so that when an individual makes a 911 call, the PSAP has this information.

(3) Three percent of the amount available shall be disbursed equally to the PSAPs of this Commonwealth. Consolidation of PSAPs after the effective date of this paragraph shall not reduce an allocation to a county under this paragraph.

(4) Not greater than 2% of the amount in the fund may be retained by the agency to pay for agency expenses directly related to administering the provisions of this chapter. Any excess shall be added to the amounts available for distribution under paragraph (1). Audits conducted by the agency under this section shall be funded from amounts retained under this paragraph.

(1) The distribution formula established by the agency under subsection (d) shall fairly and proportionately reflect 911 system needs.

(2) to (6) Deleted by 2024, Nov. 18, P.L. 1186, No. 147, § 5, imd. effective.

(7) The distribution formula shall be reviewed at the discretion of the board but no more than once within a four-year period. The board shall establish goals and objectives prior to a formula review and may recommend factors to consider during a formula review.

(8) The total annual disbursement from the fund to any one 911 system may not exceed the actual annual costs to enhance, operate or maintain that 911 system in accordance with the Statewide 911 system plan. Actual costs may include amortization or depreciation of allowable capital costs of the 911 system as determined using generally accepted accounting principles and approved plan allocations to capital and operating reserves, if approved by the agency.

(1) If excess money remains available in the fund after the distribution and balanced disbursements required under subsections (d) and (e), the agency shall distribute the remaining money for the enhancement, operation or maintenance of 911 systems as provided under subsection (d)(1) in this Commonwealth in accordance with the Statewide 911 system plan.

(2) If the fund experiences a surplus as described in this section for eight consecutive quarters, the agency shall provide written notice of the surplus to the General Assembly and the written notice shall include a recommended reduced surcharge for consideration by the General Assembly.

(3) The written notice required under paragraph (2) shall be submitted to the General Assembly within 60 days after the end of the eighth consecutive quarter experiencing the surplus.

(1) The fund shall be audited in a manner and on a frequency consistent with other restricted receipts accounts administered by the Commonwealth.

(2) The agency shall require a biennial performance audit of each PSAP's use of the disbursements it has received from the fund, including amounts placed in capital or operating reserve consistent with published guidelines established by the agency.