CCAO testifies before Senate Finance Subcommittee Call to ...

May 3, 2013

CCAO testifies before Senate Finance Subcommittee

Thursday morning CCAO Executive Director Larry Long Call to Action!!
appeared before the Senate Finance General Government
Subcommittee, chaired by former Fayette County on following issues:
Commissioner Bob Peterson (R-Sabina), to offer testimony on
behalf of CCAO regarding House Bill 59.  LGF Funding

Long hit on a number of CCAO priority issues in the  Recorder Special
legislation, in particular the Local Government Fund (LGF), Fund
opposition to the recorder special fund proposal, and funding
to county JFS departments to aid in the implementation of a  Implementation
new Medicaid eligibility determination system. (Please find
attached a one-pager on CCAO priority issues within the of new Medicaid
budget that has been shared with legislators.) system

LGF Funding-

With regard to the Local Government Fund, CCAO continues to believe that the LGF received a
disproportionate cut from the prior state budget (HB 153), and some of these revenues should
be restored. As you know, the last state budget (HB 153) cut funding to the Local Government
Fund (LGF) by 50% over the biennium. While counties recognized that they needed to accept
some of the cuts that were necessary in order to balance the substantial shortfall in the last
state budget, CCAO believes that the 50% cut to the LGF was disproportionate to what was an
overall 17% state budget shortfall.

Working with the County Auditors Association of Ohio (CAAO) to come up with a funding
percentage that reflected the state’s 17% funding shortfall, CCAO and CAAO believe that the
percentage of tax receipts allocated to the LGF should be increased from 1.69% to 2.52%, and
that 2.52% appropriately restores the disproportionate funding reduction. Long explained this
partial restoration of LGF cuts would result in an increase to the LGF of approximately $177

million in SFY 14 and $184 million in SFY 15, or approximately $361 million during the
biennium.

1

In particularly compelling testimony, Long noted that recent figures received from a few county
auditors, suggests that since 2010, while tax revenues to the state general revenue fund have
increased by 27%, distributions to local governments have dropped 57%.1

Long told committee members that CCAO also supports the Administration’s proposal to
continue the small county “hold harmless provision” that benefits 23 of our smallest counties.
However, this hold harmless provision is not separately funded out of the state budget, but
instead is funded out of revenues allocated under the new formula and comes off the top of LGF
funding. Thus, the small county “hold harmless provision” is funded at the expense of the other
65 counties. Long asked the members to consider an additional appropriation to fund the small
county hold harmless provision separately. CCAO estimates the cost to the state of this
provision to be between $5 and $6 million per year.

Finally, Long asked the members to maintain the local process for distributing LGF dollars within
certain counties. A proposal to change the statutory formula for the county undivided LGF along
with the process for adopting an alternative statutory is being suggested by Senator Seitz. Long
explained that the proposal likely would negatively impact 54 counties.

Recorder Special Equipment Fund-

As reported last week, HB 59, as passed by the House, retains language that alters the nature
of the county recorder’s equipment fund from a permissive special fund, approved by the board

of the county commissioners, to a mandatory fund upon the request of the recorder. In addition,

language provides that any funding received under the technology
proposal “does not diminish the duty of the board of county

commissioner to provide funding for the expenses incurred by,

and the personnel necessary for the county recorder to perform
the duties of office.”

Long told the committee that CCAO strongly opposes this Director Long
abrogation of commissioners’ budget and appropriating authority.
The board of county commissioners represents the appropriate
discretion for making such appropriations. As the duly elected
budget authority for counties, commissioners are entrusted with
ensuring not only the efficient use of taxpayer dollars, but also
that the use of dollars represents the proper prioritization of
limited county resources.

In addition, CCAO finds the proposed language prohibiting commissioners from “diminishing
their duty to fund the recorder” an unnecessary attempt to set new a arbitrary funding standard

that likely will lead to costly litigation. The current recourse of a writ of mandamus is a sufficient

remedy under law.

Funding for implementation of new Medicaid system-

Long also noted that county JFS departments are concerned with the increase workload
resulting from the transition to a new Medicaid eligibility determination system (see story below).
Long asked consideration for an additional $5-6 million a year to help with theses expected
costs.

1 Includes LGF, PUPP & TPP reimbursement. Does not include loss of revenue due to repeal estate tax.

2

The CCAO Policy Staff asks commissioners to continue to weigh in on these issues with your
respective senators, as well as Senate Leadership and Members of the Senate Finance
Committee:

Senate Leadership:

Senate President Keith Faber (R) (614) 466-7584 Minority Leader Eric Kearney (D) (614) 466-5980
[email protected]
[email protected] Min. Floor Ldr. Joe Schiavoni (D) (614) 466-8285
[email protected]
Pres. Pro Tem Chris Widener (R) (614) 466-3780 Minority Whip Nina Turner (D) (614) 466-4583
[email protected]
[email protected] Asst. Min. Whip Edna Brown (D) (614) 466-5204
[email protected]
Maj. Floor Leader Tom Patton (R) (614) 466-8056

[email protected]

Maj. Whip Larry Obhof (R) (614) 466-7505

[email protected]

Members of the Senate Finance Committee:

Sen. Scott Oelslager (R), Chair (614) 466-0626 Sen. Tom Sawyer (D), Ranking (614) 466-7041
[email protected] (614) 466-8072 [email protected] (614) 466-8285
Sen. Bill Coley (R), Vice (614) 466-8049 Sen. Joe Schiavoni (D) (614) 466-4857
[email protected] (614) 466-8060 [email protected] (614) 466-5131
Sen. Dave Burke (R) (614) 466-5981 Sen. Shirley Smith (D)
[email protected] (614) 466-9737 [email protected]
Sen. Randy Gardner® (614) 466-4823 Sen. Charleta Tavares (D)
[email protected] (614) 466-8056 [email protected]
Sen. Jim Hughes (R) (614) 466-8156
[email protected]
Sen. Shannon Jones (R)
[email protected]
Sen. Frank LaRose (R)
[email protected]
Sen. Tom Patton (R)
[email protected]
Sen. Bob Peterson (R)
[email protected]

For more information on any of these issues, please do not hesitate to contact any member of
the CCAO Policy Staff!

Stolte testifies on Health and Human Service
county items in budget bill

Union County Commissioner Steve Stolte spoke before the Senate Commissioner Stolte
Finance Medicaid Subcommittee, chaired by Senator Dave Burke (R-
Marysville) on issues of interest to counties in HB 59 in the realm of
health and human services. His May 1, 2013 testimony can be found
here.

Commissioner Stolte largely focused his testimony on the need for
additional administrative dollars for county job and family services
departments to help the implementation of the new Medicaid eligibility
determination system, scheduled to be up and running in all 88 county
departments later this year. While there are plans to also use the new

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system for food assistance and cash assistance eligibility in calendar year 2015, for at least a
year, counties will be running two systems (the existing CRIS-E system and the new MAGI
system), which, simply put, means twice the work for caseworkers.

Along with the JFS Directors Association, CCAO is requesting additional dollars to help ease
this transition for both the employees and the customers our county JFS departments serve.

Commissioner Stolte also requested boards of commissioners be involved in the decision-
making process being proposed in HB 59 to allow local boards of behavioral health to decrease
their membership from 18 members to 14 members. Commissioners appoint a majority of the
members of these boards and as such have an interest in this issue.

Stolte’s testimony also touched on CCAO’s support for Medicaid expansion and the additional
investment of TANF dollars in job placement and support services programs for individuals with
barriers to employment.

For more information on this issue, please contact CCAO Policy Analyst Laura Abu-Absi at
[email protected].

Draft of ESINet Steering Committee Report available for
review

The Statewide ESINet Steering Committee completed work this week on its report to the
legislature that is due May 15th. Currently in draft form, the Committee will meet this Thursday,
May 9, at 11 am to formally vote on adoption of the report. No substantive changes to the draft
report are contemplated.

The report makes two key recommendations:

1. Establish the Ohio 9-1-1 Board, which will be designated as the governing body with
authority over all aspects of 9-1-1 in the State. The Board will be housed in the
Department of Administrative Services, which shall provide administrative support for
the Board.

2. The future funding model necessary to support Next Gen 9-1-1 and beyond should
be based upon the principle of access, so that any device capable of accessing the
legacy and IP networks for 9-1-1 service would share in the cost of the 9-1-1 system.

The Committee also was charged with reporting on the current
funding for 9-1-1. According to the information provided by
counties, the funds received through the Wireless Government
Assistance Fund provide no more that 18.32% of the total cost for
PSAP operations in the state. Nearly half of all public safety
answering points (PSAPs do) not receive wireless calls and, as a
result, receive no funding from the wireless E9-1-1 surcharge. The
Committee also found that it was impossible to establish the total
cost of providing 9-1-1 service in Ohio since it is not known what the local phone companies
have invested in the wire line phone infrastructure to provide 9-1-1.

4

If you have any questions or concerns, or would like more information about the Steering
Committee’s activities, please contact either Clermont County Commissioner Ed Humphrey
[email protected] or CCAO Senior Policy Analyst John Leutz
[email protected] who are the CCAO representatives on the Steering Committee.

Open Government Data Initiative

An initiative to make Ohio government more transparent is being put
forth by Representatives Mike Duffey (R-Worthington) and Christina
Hagan (R-Alliance). The representatives are seeking co-sponsors for
several bills contained in what they call “The DataOhio Initiative”; these
include:

 Local Government Information Exchange Grants – This bill
would provide $10,000 grants to local governments for providing commonly used
budgetary, staffing, and compensation information online in an open data format.

 Open Data – This legislation would require state and local public agencies to adhere to
open data standards on a moving forward basis for information that is published online.
Open data characteristics include the ability to be searched for online and downloaded
by open-source software, generally making it easier for citizens and business to analyze
relevant information.

 Uniform Chart of Accounts – Ohio currently has a uniform chart of accounts for public
schools’ budgets. This legislation will provide a uniform chart of accounts for state and
local governments in Ohio, to make it possible to do “apples to apples” comparison of
data.

 Data.Ohio.gov – This legislation would require Ohio to participate in the national best
practices effort by creating our own catalog of electronic information at data.ohio.gov.
The federal government has for several years worked to advance its Open Government
Initiative that, in addition to promoting open data standards, has created a national
online catalog – data.gov – which provides descriptions of data sets, tutorials, and tools.

A portion of this 4-prong package was included in the state budget bill (HB 59) by the Ohio
House. Specifically, the Ohio House added a slimmed-down version of the Local Government
Information Exchange Grants program, with the Ohio Department of Administrative Services
administering the program. In addition, the “Open Data” concept was amended into HB 59;
specifically, the bill would require a public office that posts a public record on its web site, or on
a public web site maintained by the state, to post the record in such a way that the public
record, or the data contained in it, is capable of being searched and downloaded by the public,
and is in a format that is machine readable.

Representatives Duffey and Hagan will discuss their proposals at the next CCAO General
Government & Operations Committee meeting on May 16.

CCAO Staff has implementation questions about the broad “Open Data” language included in
the budget bill as well other components of the “DataOhio Initiative.” If you have suggestions or
thoughts, please contact CCAO Staffer Cheryl Subler at (614) 220-7980 or at
[email protected].

5

Ohio EPA offers Perspective on Solid Waste Flow Control

Discussions Ongoing Between Ohio EPA, SW Districts, and Private SW Industry

Ohio EPA sponsored meetings involving the agency, solid waste districts, and the private solid
waste industry on April 23 and April 30 to discuss solid waste flow control and possible revisions
to district authority to flow control SW under Ohio law. Ohio EPA also issued an “EPA
Perspective on Flow Control” at the meeting on April 30, a copy of which is attached to this
Statehouse Report.

The April 23rd meeting consisted primarily of brain
storming ideas by the districts and the industry
regarding traditional flow control, designation, and solid
waste rules often issued by districts with county/district
owned facilities.

Notably, the “Ohio EPA Perspective on Flow Control”
states that Ohio EPA will not put forward any proposal
that would result in stranded public debt. With regard
to “fee designation” flow control, Ohio EPA expressed the view that “designation flow control
should not be restricted, as it is more of a fee collection exercise than one of flow control.” The
agency said that the practice should be clarified and simplified in statute, but generally should
be retained.

Regarding traditional flow control where districts have the power to direct waste to a specific
facility, typically a public facility upon which debt has been issued, EPA said that is “supports the
concept that flow control can sometimes be an appropriate exercise of SWMD authority to
further several purposes” including:

 The payment of public debt;

 The consolidation of waste in a manner that economically beneficial to the communities
generating the waste;

 The provision of waste management services to areas that are traditionally underserved;
and

 The achievement of certain other solid waste management objectives.

Accordingly, Ohio EPA is not advocating for the elimination of flow control in Ohio. However,
“(Ohio EPA) does think that the system can be improved to reduce the potential for negative
impacts from the exercise of this authority.” Ohio EPA is primarily interested in refining the law
to assure that flow control is used sparingly and only after alternatives have been considered
and the financial impact on other participants in the solid waste system has been considered.

Ohio EPA expects to have an outline of its flow control proposal prepared within the next two
weeks after which it will release the outline and seek comments from public and private
stakeholders to the solid waste law. Following receipt of comments from stakeholders to Ohio
EPA’s outline toward the end of May, Ohio EPA will probably hold another stakeholders meeting
and then prepare a formal draft proposal (whitepaper) which will be released in June.

6

Attached to this newsletter is a copy of the “Ohio EPA Perspective on Flow Control.” For
additional information on this issue or the entire solid waste reform project, please contact Brad
Cole, Managing Director of Research at [email protected].

Legislation of Interest

SJR 3 SWEEPSTAKES (Schiavoni, J.) Proposing to amend Section 6 of Article XV of the
SB 117 Constitution of the State of Ohio to provide for the licensing and regulation of
SB 119 sweepstakes terminal device operators, vendors, and key employees and proposing to
amend Section 6 of Article XV of the Constitution of the State of Ohio to prohibit
HB 148 conducting a sweepstakes with the use of a sweepstakes terminal device.
HJR 5
HJR 6 MEDICAID (Smith, S.) To permit the Medicaid program to cover the eligibility expansion
HB 152 group authorized by the Patient Protection and Affordable Care Act and to make an
HB 153 appropriation. Am. 5111.0126, 5111.0127, and 5111.0128

MINIMUM WAGE (Tavares, C.) To require that domestic workers be paid the minimum
wage, as provided in Section 34a of Article II, Ohio Constitution, to require that domestic
workers be paid overtime wages, to make certain conduct directed toward a domestic
worker an unlawful discriminatory practice, and to require a weekly day of rest for
domestic workers. Am. 4111.02, 4111.08, 4111.10, 4111.14, 4112.01, and 4112.05 and
to enact sections 4111.031 and 4112.024

BRINE INJECTION (Driehaus, D.) To prohibit land application and deep well injection of
brine, to prohibit the conversion of wells, and to eliminate the injection fee that is levied
under the Oil and Gas Law. Am. 1509.01, 1509.02, 1509.03, 1509.05, 1509.06, 1509.08,
1509.21, 1509.22, 1509.222, 1509.223, and 1509.224, to enact section 1509.051, and to
repeal section 1509.226.

RIGHT TO WORK (Roegner, K.) Proposing to enact Section 22 of Article I of the
Constitution of the State of Ohio to prohibit employees from being forced to participate in
a labor organization as a condition of employment.

MARIJUANA (Hagan, R.) Proposing to enact Section 12 of Article XV of the Constitution
of the State of Ohio to legalize the production, use, and sale of marijuana under specified
conditions and to provide for the regulation and taxation of marijuana.

RIGHT TO WORK (Maag, R.) To remove any requirement under the Public Employees
Collective Bargaining Law that public employees join or pay dues to any employee
organization and to prohibit public employers from requiring public employees to join or
pay dues to any employee organization. Am. s 9.81, 4117.03, 4117.09, and 4117.11

MEDICAL MARIJUANA (Hagan, R.) Regarding the medical use of cannabis. Am.
2925.02, 2925.03, 2925.04, 2925.11, 2925.14, and 3781.32 and to enact sections
2925.43, 2925.44, 2925.45, 2925.46, 3728.01, 3728.02, 3728.03, 3728.04, 3728.05,
3728.06, 3728.07, 3728.08, 3728.09, 3728.10, 3728.11, 3728.12, 3728.13, 3728.14,
3728.15, 3728.16, 3728.17, 3728.18, 3728.20, 3728.21, 3728.22, 3728.25, 3728.26,
3728.27, 3728.28, 3728.29, 3728.30, 3728.31, 3728.35, 3728.36, 3728.37, 3728.38,
3728.381, 3728.40, 3728.41, 3728.42, 3728.43, 3728.45, and 3728.99

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Upcoming Legislative
Committee Calendar

Tuesday, May 7
House Insurance, (Chr. Hackett, B., 466-1470), Rm. 017, 10:00 am

HB 94 HEALTH PLANS (Gonzales, A.) To require a health insuring corporation, public
employee benefit plan, or sickness and accident insurer to reimburse a board of health for
any services provided to an individual by the board that is covered by a plan issued to the
individual by the health insuring corporation, public employee benefit plan, or sickness
and accident insurer upon request submitted by the board of health. --2nd Hearing-
Proponent

Senate Finance: Medicaid Sub., (Chr. Burke, D., 466-8049), North Hearing Rm., 10:00 am

 10 am-12 pm: Public testimony

 1pm -5 pm: Public testimony

House Transportation, Public Safety & Homeland Security, (Chr. Damschroder, R., 466-1374), Rm.
122, 1:00 pm

SB 5 CALL LOCATIONS (Brown, E., Manning, G.) To require wireless service providers to
provide call location information to law enforcement officers or agencies in certain
emergency situations. --1st Hearing-Sponsor

Senate Session, (Chr. Faber, K., 466-4900), Senate Chamber, 1:30 pm

House Manufacturing & Workforce Development, (Chr. Schuring, K., 752-2438), Rm. 114, 1:30 pm

SB 1 WORKFORCE DEVELOPMENT (Beagle, B., Balderson, T.) To create the
OhioMeansJobs Workforce Development Revolving Loan Fund, to create the
OhioMeansJobs Workforce Development Revolving Loan Program, to allocate a portion
of casino license fees to finance the loan program, and to make an appropriation. --2nd
Hearing-All testimony

House Finance & Appropriations, (Chr. Amstutz, R., 466-1474), Rm. 313, 3:00 pm

 This is a meeting of the Healthier Ohio Working Group, to be facilitated by Rep. Amstutz.
The panel will continue the conversation on health care reform with a focus on Medicaid issues.

Senate State Government Oversight & Reform, (Chr. Burke, D., 466-8049), North Hearing Rm., 5:00
pm

SB 109 ELECTION ADMINISTRATION (Obhof, L.) To revise the law regarding election
administration, ballots, and candidates. --3rd Hearing-All testimony-Possible vote

HB 7 INTERNET CAFES (Huffman, M.) To permit the Bureau of Criminal Identification and
Investigation to investigate criminal activity related to the Gambling Law, to make
changes related to schemes of chance. --3rd Hearing-All testimony

8

Wednesday, May 8

Senate Session, (Chr. Faber, K., 466-4900), Senate Chamber, 1:30 pm

House Session, (Chr. Batchelder, B., 466-3357), House Chamber, 1:30 pm

House Judiciary, (Chr. Butler, J., 644-6008), Rm. 122, 3:00 pm

HB 104 CIVIL COMMITMENT (Ruhl, M.) To make changes to the laws governing the civil
commitment of and treatment provided to mentally ill persons. --3rd Hearing-All
testimony

9

2013
SUMMARY REPORT

to the
130th Ohio General Assembly

THE DEVELOPMENT OF A STATEWIDE
EMERGENCY SERVICES NETWORK

Presented By the Ohio Statewide ESInet Steering Committee
A summary of responses to the provisions of O.R.C. Section 5507.02 providing recommendations to
address the development of a statewide emergency services internet protocol network with a review of
the current funding model for this state’s 9-1-1 systems

5/15/2013
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OHIO STATEWIDE EMERGENCY SERVICES INTERNET PROTOCOL NETWORK
2013
STEERING COMMITTEE MEMBERS
Stu Davis, Chair.……………………………………………………………………………….. State Chief Information Officer
Representative John Adams ……………………………………………………………………………………………….District 85
Representative Bill Patmon ………………………………………………………………………………………………..District 10
Senator Lou Gentile ………………………………………………………….………………………………………………..District 30
Senator Cliff Hite …………….….…………………………….………………………………………………………………….District 1
Michael Courtney ………..………………………………………City of Lancaster Director of Public Safety Services
Edwin Humphrey……….. Clermont County Commissioner, County Commissioners Association of Ohio
John Leutz……………………………………………………………………… County Commissioners Association of Ohio
Jason Loree…………………………….. Boardman Township, Mahoning County, Ohio Township Association
Thomas Robbins…………………………………………………………………… City of Marion Director of Public Safety

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Contents

COMMITTEE RESPONSE TO OHIO REVISED CODE §5507.02 (C) (1).............................................................. 1
INTRODUCTION............................................................................................................................................. 4

Background ............................................................................................................................................... 5
Ohio’s ESINet Vision.................................................................................................................................. 6
REVIEW OF EXISTING 9-1-1 FUNDING........................................................................................................... 7
Overview of Current Expenditures/Balances............................................................................................ 7
Funding Recommendations ...................................................................................................................... 8
REVIEW OF EXISTING INFRASTRUCTURE ...................................................................................................... 8
Infrastructure Recommendations............................................................................................................. 9
REVIEW OF STATUTORY PROVISIONS ........................................................................................................... 9
Statutory Environment ........................................................................................................................... 10

Authority ............................................................................................................................................. 10
Funding ............................................................................................................................................... 10
Definitions........................................................................................................................................... 11
Enforcement and penalties................................................................................................................. 11
Confidentiality..................................................................................................................................... 11
Liability ................................................................................................................................................ 11
Regulatory Environment ......................................................................................................................... 11
Statewide ESInet ................................................................................................................................. 11
Competitive NG9-1-1 Environment .................................................................................................... 12
Statutory Provisions Recommendations................................................................................................. 12
APPENDIX A – GLOSSARY ............................................................................................................................ 14
FUNDING MODELS ...................................................................................................................................... 16
APPENDIX B - [Insert County 9-1-1 Survey Here?]...................................................................................... 18
APPENDIX C [Insert PSAP survey here?] ..................................................................................................... 18
APPENDIX D [Insert Technical Evaluation Here?] ....................................................................................... 18
APPENDIX E [Insert Kimball Report Here?] ................................................................................................. 18
APPENDIX F [Insert FCC Report Here]......................................................................................................... 18

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COMMITTEE RESPONSE TO OHIO REVISED CODE §5507.02 (C) (1)

The following is a summary of key recommendations provided in this report. Additional background,
findings and recommendations are included in subsequent sections and in the full report.

1) Combine the two existing 9-1-1 advisory boards, the ESInet Steering Committee (Chapter 5507.02)
and the Ohio 9-1-1 Council (Chapter 5507.65) and establishing the Ohio 9-1-1 Board as the
governing body housed in the Department of Administrative Services. The Department of
Administrative Services shall provide administrative support for the board.

2) Grant statutory authority to the Ohio 9-1-1 Board to coordinate with related state entities that have
authority for GIS, public safety, radio systems and public safety networks such as OARnet and
FirstNet as these systems will require the need to interconnect and interoperate with the ESINet
environment to support NG9-1-1 services.

3) Designate the State CIO or his designee as the Interim NG9-1-1 Coordinator reporting to the Ohio 9-
1-1 Board.

4) Recognize the Ohio 9-1-1 Board as the governing body with the authority for 9-1-1 in the State.

5) Grant the Coordinator with the statutory authority to:
i) Facilitate the 9-1-1 System across the State
ii) Operate state-level functional components of the 9-1-1 system
iii) Procure state-level 9-1-1 components
iv) Promulgate regulations related to the administration and management of the 9-1-1
System
v) Promulgate training standards for Ohio Telecommunicators
vi) Coordinate the interconnection of local and regional ESINets with the state backbone to
ensure seamless statewide coverage
vii) Collaborate with the designated ESINet service provider to establish performance
standards and monitoring requirements
viii) Coordinate with Federal 9-1-1 initiatives

6) It is the Committee’s recommendation regarding funding to:
i) Continue funding analysis of the total cost of 9-1-1. Based on those findings work with the
legislature to:
(1) Modify statutory language to eliminate impediments to the implementation and
ongoing operations of a statewide ESINet to support NG9-1-1 and future technologies.
(2) Continue collecting wireless fees at the current level while transitioning to the NG9-1-1
platform funded by a Universal Access Fee.
(3) Based on the findings of the funding analysis:
(a) Establish a Universal Access Fee for the transition and ongoing operation of NG9-1-1
(b) Work with the legislature to modify the existing funding model to support the
transition to NG9-1-1

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(i) The funding model should be based on the principle of access, so that any
device capable of accessing the legacy and IP networks for 9-1-1 service would
share in the costs of the 9-1-1 system

(ii) The funding method should be technology, vendor, and competitively neutral,
so it does not give competitive advantages to one telecommunications,
broadband, or data provider at the expense of other providers

(iii) The funds collected should be used only for their intended purposes and
should not be re-allocated at the state or local level for non-9-1-1 purposes

(iv) The funding method should provide for the total cost of servicing 9-1-1 calls
(v) The funding method should be easy to understand and administer
(vi) The funding method should be fair and equitable to all devices capable of

accessing the current and future 9-1-1 network
(vii) The funding method should be stable, and therefore not require frequent

legislative adjustments
ii) Create distribution rules to specify what expenditures would be allowable expenses for

money distributed to the counties. Initially the funds should be distributed for:
(1) .5 percent of the amount collected to cover administrative expenses for the

Department of taxation.
(2) 2 percent for the carriers to retain to cover the costs of collecting and remitting the

fee.
(3) 2 percent to fund administrative and staffing costs for the 9-1-1 Board.
(4) The Ohio 9-1-1 Board should pay the costs to build, maintain and operate the IP

network and the PSAP connections to the IP network directly. This will allow the state
to obtain better pricing for the network and to ensure a unified approach to
deployment of the network.
(5) The Ohio 9-1-1 Board should establish a Capital Expenditures account for future
network upgrades and expenses.
(6) The Ohio 9-1-1 Board should create a PSAP consolidation incentive account.
(7) Any remaining funds may be allocated to the PSAP consolidation account for
consolidations that meet the technical standards established by the ESInet Steering
Committee and within the statutory limits of 5507.571.
iii) Develop a PSAP Consolidation Plan to promote a reduction in the number PSAPs to an
optimal level within the context of the NG9-1-1 system and incentivize the move to
regional or virtual NG9-1-1 services
(1) In the form of grants to support moves to consolidation
(2) In the form of fees for services for connectivity to the ESINet for facilities that facilities
that exceed allowable connections to support recommended service level

7) Coordinate with the ESINet Technical Standards and Operations subcommittees on the ESInet
design, requirements, specifications and policy development.

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2013 REPORT ON THE DEVELOPMENT OF A STATEWIDE EMERGENCY
SERVICES NETWORK

The State of Ohio has existing infrastructure to support the creation of an Emergency Services Internet
Protocol Network. Such a network will be capable of supporting both the Next Generation of 9-1-1
(NG9-1-1) services as well as emergency related communications for all public safety agencies.

The concept of NG9-1-1 expands the universe of devices that can access and place 9-1-1 emergency calls
to include any modern communications device. As such it will require a complete restructuring of how
emergency service calls are handled. This provides significant opportunities to reconceive the way 9-1-1
service is delivered in the state and design a new shared system that provides connectivity to multiple
communications platforms while leveraging shared services and existing resources to limit costs, ensure
value, and maintain the level of service the citizens of Ohio have come to expect.

With the expansion of the universe of devices comes the need to modernize all aspects of 9-1-1 from
governance, policy, and security, to operations and funding; the Committee has identified issues in all
aspects of current 9-1-1 environment will need to be addressed. From the creation of an ESINet
coordinating body and unified 9-1-1 governance council, to the establishment of interconnectivity
agreements and security requirements, this report provides a direction for restructuring the current
system, including a new funding model to provide an equitable and sustainable source of funding based
on 9-1-1 system access. It will build upon what works best from the existing models and fix those things
that do not.

INTRODUCTION

The Ohio Legislature recognized the need to prepare the State of Ohio for the transition from the legacy
9-1-1 systems currently in place to the Next Generation of 9-1-1 technology (NG9-1-1) when it created
the Ohio Statewide ESInet Steering Committee (Committee) and assigned it the responsibility to advise
the Governor and the Legislature on the implementation, administration, and maintenance of a
statewide Emergency Service Internet Protocol Network (ESINet).

Implementation of NG9-1-1 will entail significant investment, detailed planning, and close cooperation
among the public and private sector entities responsible for the operation of 9-1-1 systems.
Implementation presents both opportunity and challenge. The opportunity lies in the ability to enhance
a vital public safety service and increase efficiency. The challenge will be to marshal the resources
required to effect the change, from local, state and federal laws, agreements and regulations to private
sector service providers, both known and unknown, that will play a role in the delivery of 9-1-1 services
to the citizens of Ohio. From a technology standpoint Ohio is well situated to meet that challenge to
realize the benefits of NG9-1-1.

This document addresses the findings of the Committee with regard to development of a Statewide
ESINet.

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Background

Modern communication devices utilize technologies that are incompatible with legacy 9-1-1 systems. As
a result Ohio Public Safety Answering Points (PSAP), are not equipped to accept or respond to 9-1-1
from large segments of the population using today’s modern communications devices. Ohio’s NG9-1-1
implementations must be capable of accepting “calls” from any communication device, regardless if the
call is in the form of text, data, streaming audio, streaming video or Voice-over-IP (VoIP). More
importantly, NG9-1-1 systems must accurately route the calls appropriately and provide the ability to
accurately dispatch emergency responders to the caller’s location.

Today’s legacy 9-1-1 systems are relatively unchanged from when they were first implemented in the
1970’s and are often incapable of transferring data and location information. In many cases voice calls
cannot be transferred between PSAPs in adjoining Telco Service Areas or beyond the state border.
Additionally, the current 9-1-1 infrastructure is inadequate to support even modest increases in
bandwidth. Clearly the existing 9-1-1 system is due for an overhaul.

A Statewide ESINet is an IP-based system to connect and transport emergency communications
between and among state and local government entities. An ESINet will enable the delivery of IP-based
9-1-1 calls with the full range of digital media, including voice, text, photos, video, and data, serving an
IP transport system providing connectivity between multiple networks including public, private, local,
regional, inter and intra-state communication systems. The FCC’s Network Reliability and
Interoperability Council VII suggested that such connectivity could extend well beyond the traditional
public safety community, and include the following:

 Hospitals/clinics, Public and Mental Health agencies
 Emergency Management and Operations Centers
 Transportation departments with inter-modal capability (e.g.; railroads, ports, trucking)
 Non-governmental organizations: Red Cross, Salvation Army, etc.
 National Guard
 United States Department of Defense (US DoD)
 Utilities, public works, recreation departments

For this initial report the Committee was tasked with the following:
Section §5507.02 (C) (1) - On or before May 15, 2013, deliver an initial report to the speaker of the
house of representatives, the president of the senate, and the governor providing recommendations for
the state to address the development of a statewide emergency services internet protocol network,
which recommendations shall include a review of the current funding model for this state’s 9-1-1
systems and may include a recommendation for a reduction in wireless 9-1-1 charges;

In addition to this response to Section §5507.02 (C) (1) a significant amount of work has been done
regarding Sections §5507.02 (C) (items 2-7). Background information and detailed reports of the
Committee’s responses to the provisions of Chapter 5507.02 are provided as appendices of this report.
The following is a summary of the Committee’s findings.

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Ohio’s ESINet Vision

Ohio’s vision is for a statewide ESINet to replace Ohio’s existing patchwork of analog networks and
provide for the centralization of equipment and services. This will improve efficiencies and reduce
overall system costs while allowing local government to retain control over how 9-1-1 services are
handled.

The Committee developed the following statements of principle for what Ohio’s NG9-1-1 system must
do:

 Ensure Ohio’s NG9-1-1 system exceeds the existing E9-1-1 system in the areas of: security;
speed of delivery; reliability; and redundancy

 Ensure the NG9-1-1 system has the ability to receive voice and data from any device or service
that can access 9-1-1, anytime and anywhere in the State. The Committee will recommend
changes that will ensure both efficiency and the most economical operation of the statewide
system.

The statewide ESINet will connect many stakeholders who come together in the interest of public safety
and emergency service. This ESInet will provide the opportunity to interact and share data, resources
and functions beneficial to emergency incident outcome. One key feature that potentially impacts
governance is the fact that application platforms are independent of the ESInet and could stand on their
own. The entity who owns, deploys and/or manages an ESInet may not be the same stakeholders that
own, deploy and manage the NG9-1-1 applications utilizing the ESInet for transport and connectivity.
Further, the delivery of a 9-1-1 call may represent only one application of many that may share the
ESINet. Other applications may include first responder communications, additional incident data
providers and incident management functions.

The environment for NG9-1-1 services will differ considerably from the current 9-1-1 environment.
Transition to NG9-1-1 will require an overhaul of all aspects of 9-1-1 from governance to the delivery of
services. Conceptually, the transition begins with build out of the Emergency Services Internet Protocol
Networks, preparation of basemap information, followed by the implementation of the applications that
provide Next Generation 9-1-1 functionality. The planning and transition to NG9-1-1 will be an
extensive, multi-year effort.

The Committee envisions a statewide ESINet that interconnects a system of regional and local ESINets.
The statewide ESInet will enable call access, transfers and backups among and between NG9-1-1
compliant service providers and users on remote ESINets and provide flexibility in call-taking such that
call takers no longer will have to be physically constrained to a specific communication center or PSAP.
Additionally, the statewide ESInet will enable access to and backups from other emergency services
organizations.

The implementation of a statewide ESINet will consist of shared systems which leverages current
technology to ensure standardized and efficient delivery of 9-1-1 services to the public. A shared system
requires shared support, the disparate funding models and user fees based upon type of equipment are
no longer adequate to support next generation services. This document introduces a new funding model
based on system access that is technology neutral and capable of incorporating future technologies as
they become available.

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REVIEW OF EXISTING 9-1-1 FUNDING

Overview of Current Expenditures/Balances

The ESInet Steering Committee has gathered and compiled information in an effort to provide the Ohio
Legislature with an understanding of how 9-1-1 is funded in Ohio and what it will take to adequately
prepare for Next Generation 9-1-1 (NG9-1-1). To facilitate the reporting of the information listed in
§5507.02 (D) (1), the Committee issued a County 9-1-1 Board Assessment survey document for County
9-1-1 Coordinators to complete online. Each of the 88 County Coordinators responded to the
assessment. The results of this assessment in conjunction with a parallel effort to obtain information
from individual PSAPs have been used as background information to support the findings of this report.
While the scope of this assessment did not include the auditing or verification of survey responses, it
was useful to develop a common view of the current state of 9-1-1 service delivery in Ohio.

There are currently 327 PSAPs covered by County 9-1-1 Boards. 7,486,867 calls were placed to 9-1-1 in
2012. Of those calls, 5,401,307 or 72.14% were placed from wireless phones. Since 2010 this represents
an increase of 14.2% of the total call volume and a 23.8% increase in wireless call volume. Twenty six
PSAPs in 17 counties reported they are evaluating consolidating or merging operations. This is in
addition to the ongoing effort in Cuyahoga County to reduce the number of PSAPs from 48 to 8. The
average annual per capita call volume is 0.65. In 2012 the average expenditure of wireless 9-1-1 funds
exceeded the 2012 Annual Allocation by 5.25%. In and of themselves, these figures do not provide a true
picture of the expenditures across the state. What the responses do point out however is that expenses
at the local level vary considerably and are affected by factors like geographic location, overall
population and time of year. They also show that there is a need for statewide coordination of NG9-1-1
development activities to help ensure equitable solutions be devised for NG9-1-1 services in Ohio.

Fortunately for many, the funding allocations have been such that they have been able to hold in
reserve previous year’s disbursements and budget for planned upgrades and improvements to their
hardware and software environments. Unfortunately the current method of distribution is grossly
inequitable to counties with smaller populations that cannot take advantage of the economy of scale
that is afforded to their more populous neighbors. While the Wireless Government Assistance fund has
in fact met the objective of providing a minimal level of direct wireless capability to each county, it has
not managed to provide wireless capability to all 9-1-1 centers and has managed to prevent the
development of uniform 9-1-1 capabilities and perpetuated a system of disconnected and marginally
interoperable 9-1-1 services across the state.

According to the information provided by the counties the funds received through the wireless E9-1-1
Government Assistance Fund provide no more than 18.32 percent of the total costs for wireless E9-1-1
and PSAP operations in the State. Nearly half of all PSAPs do not directly accept wireless calls and as a
result receive no funding from the wireless E9-1-1 surcharge.

With the County’s 9-1-1 Board and PUCO disbursement reports it was possible to establish the cost of
providing 9-1-1 services from a County and State perspective, however the Committee was not able to
determine the total cost of 9-1-1 in the state of Ohio. It is not known what the system costs are for
wireline service as the ILECs do not report those numbers to the PUCO, nor is there any statutory

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provision that requires them to do so. Furthermore, the costs and expenditures to local PSAPs could not
be reliably separate wireless fund expenditures as a percentage of salary or capital expenditures. In
addition, only about 62 percent of the PSAPs responded to the survey with responses weighted heavily
to those PSAPs that receive wireless Government Assistance funds. That response level is not large or
representative enough to estimate costs for the remaining PSAPs.

Due to the unavailability or the lack of data it is not possible to accurately understand what 9-1-1 costs
in Ohio without additional research. Because this information is essential to a proper analysis it is
strongly recommended that this information be gathered and used in the development of a
comprehensive NG9-1-1 tactical plan. Adequate budget would need to be provided. In addition, it may
become necessary for the Legislature to take three actions to facilitate this data gathering:

 Require the ILECs to provide the ESInet Steering Committee with information about what it
costs them to provide 9-1-1 service for each of their systems or as a statewide aggregate; and
to report how much revenue the ‘bill and keep’ provision generates for each of their systems
or as a statewide aggregate. At a minimum require the ILECs to provide the number of access
lines within the state.

 Require all PSAPs, not just County 9-1-1 Boards, to respond to the ESInet Steering
Committee’s request for information.

 Impose penalties for failure to respond.

Funding Recommendations

The Committee recommends that in order to provide the most adequate long-term funding source for
9-1-1 into the future, funding mechanisms should meet the following criteria:

 The funding method should encompass the principle of access, so that any device capable of
accessing the legacy and IP networks should share in the costs of 9-1-1 service, commonly
referred to as a Universal Access Fee (UAF).

 The funding method should be technology, vendor, and competitively neutral, so it does not
give competitive advantages to one telecommunications, broadband, or data provider at the
expense of other providers.

 The funds collected should be used only for their intended purpose of supporting the
development and operations of a statewide ESINet for NG9-1-1 and should not be re-allocated
at the state or local level for non-9-1-1 purposes.

 The funding method should provide for the total cost of providing 9-1-1 service.
 The funding method should be easy to understand and administer.
 The funding method should be fair and equitable to all individuals and devices capable of

accessing the current and future 9-1-1 network.
 The funding method should be stable, and therefore not require frequent legislative

adjustments.

REVIEW OF EXISTING INFRASTRUCTURE

Within Ohio there are several technology initiatives serving state and local government agencies that
could be leveraged to support the development of or be a component of an enterprise level ESInet. The
State of Ohio Department of Administrative Services (DAS) Office of Information Technology (OIT), the

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Ohio Academic Resources Network (OARnet), the Multi-Agency Radio Communications System (MARCS),
and the Location Based Response System (LBRS); as well as a significant number of interconnected
public and private data centers, each provides significant opportunity to coordinate activities in support
of a state-wide ESInet as well as regional ESINets and directly connected local PSAPs. Through these
resources, an extensive network infrastructure is available throughout Ohio to support emergency
services. If the state does not want to bear direct responsibility for interconnecting the PSAPs, numerous
options to contract for these services exist and could be cost-effective.

The main focus of the existing infrastructure review is to identify a viable candidate for the statewide
ESInet. The Ohio Academic Resources Network (OARnet) has been found to be an ideal candidate as a
network transport capable of supplying bandwidth, quality of service and overall capabilities required to
host an ESInet of this magnitude. OARnet is a 100 Gbps network. OARnet was created in 1987 through
legislation by the Ohio General Assembly [ORC section 3333.04(V)]. Its purpose is to provide Ohio
researchers with access to high performance computing resources. From the most highly recommended
network media, namely fiber optics, to the geographical reach, quality of service and the ability to
provide 24x7x365 support, OARnet checks all the NENA boxes for capabilities.

In 2007 the Ohio Broadband Council and Broadband Ohio Network were established [Executive Order
2007 24S] to extend the reach of Ohio's broadband resources, further Ohio's leadership in network
innovation and improve technology access for all citizens throughout the state. OARnet operates as the
backbone for the Broadband Ohio Network, carrying the NextGen Network traffic for state and local
government.
In March 2010, OARnet brought three competing organizations – Com Net, Inc., Horizon Telcom and
OneCommunity – together as the Ohio Middle Mile Consortium. The goal: to improve broadband
infrastructure in Ohio's rural and underserved areas. The three partners were awarded a total of $141.3
million in federal grants through the American Recovery and Reinvestment Act (ARRA); OARnet is a sub-
recipient in all three grants.

The projects complement OARnet's statewide network by increasing the connection points from the
current 14 to 68. This expansion reduces the "last mile" costs for broadband services to anchor
institutions throughout the state.

Infrastructure Recommendations

The Committee recommends the development of a formal understanding with OARnet to establish
services meeting ESInet specifications. Future tasks will focus on statewide ESInet design, requirements,
specifications and policy development, taking into consideration the ability of PSAPs either to connect
directly to the statewide ESInet or to collaborate with other PSAPs forming regional ESINets, which in
turn would connect to the statewide ESInet. Ohio should identify current IP-enabled PSAPs and any
initiatives planned or underway to form regional ESINets. ESInet specifications, once developed, may be
utilized by all PSAPs regardless of the mode for IP connection.

REVIEW OF STATUTORY PROVISIONS

There is a potential for existing laws, regulations and tariffs to hinder the implementation of and
transition to NG9-1-1 since most were adopted when the technological capabilities of NG9-1-1 did not
exist and as a result make specific reference to older technologies or system capabilities. Such

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references may inadvertently inhibit the implementation of the technologies and services required to
implement NG9-1-1. The ESInet Steering Committee will evaluate the regulatory impacts of specific
technical specifications once they are established since that information was not available at the time of
this Report.

The ESInet Steering Committee conducted a review of legislation and regulations to identify provisions
that may impede the implementation of NG9-1-1. The results of that review are included in the
following sections, based on these results the ESInet Steering Committee recommends that the Ohio
General Assembly consider the recommendations in this report for amendments and modifications to
the 9-1-1 Regulatory Framework in Ohio.

Statutory Environment

Authority
Ohio 9-1-1 Statutes do not provide for a statewide coordinating entity for an ESINet that has the
authority to operate, procure and facilitate the development of a NG9-1-1 system. The new
environment requires centralized coordination, because seamless statewide and interstate NG9-1-1
interconnectivity and interoperability simply will not be possible without it.

The Steering Committee recommends that the Ohio 9-1-1 Board be housed within the Department of
Administrative Services and be given the statutory authority to coordinate the system with related state
entities that have authority for GIS, public safety, radio systems and public safety networks such as
OARnet and FirstNet as these systems will require the need to interconnect and interoperate in the
NG9-1-1 environment. In addition the Ohio 9-1-1 Board should be given statutory authority to
coordinate the interconnection of local and regional ESINets with the state backbone to ensure seamless
statewide coverage. In addition to designating a state-level NG9-1-1 coordinator the Steering
Committee should establish the roles, responsibilities and authority of that Coordinator for
incorporation in the Statute. The coordinator should have adequate professional and technical staff to
support the Ohio 9-1-1 Board’s mission.

Chapter 5507 currently provides for two 9-1-1 advisory boards, the ESInet Steering Committee (Chapter
5507.02) and the Ohio 9-1-1 Council (Chapter 5507.65). The ESInet Steering Committee has a specific
charge related to the implementation of the ESINet and the planning for NG9-1-1. The scope of duties of
the Ohio 9-1-1 Council is specific to the implementation of wireless 9-1-1. As such, the Ohio 9-1-1
Council should be eliminated to avoid duplicative and redundant activities based on the form and
needs of the recommended State-level Ohio 9-1-1 Board.

Funding
A comprehensive review of the funding model for the current 9-1-1 system is provided in a separate
report. Based on those findings the funding provisions of the statute will need to be entirely reconceived
based on the final technical and operational configuration and requirements of the system.

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Definitions
Numerous definitions require elimination or change. The overarching principle is to make them
technology neutral. Clear definitions for items such as a PSAP are required for the efficient management
of the system, the technology and the funding.

Enforcement and penalties
Section 5507.34 of the ORC is presently limited in the scope of its provisions. It should be amended to
include proceedings against any 9-1-1 service provider or 9-1-1 authority for the enforcement of Chapter
5507. It should remove specific references to telephone companies and render the language technology
neutral. Additional detail is contained in the report.

Confidentiality
There will be changes in the amount and type of data available to be shared, including video, images,
telematics and medical records. Section 5507.32(G) should be expanded to include any type of data
associated with any type of 9-1-1 call and a provision should be added for the aggregation and analysis
of general call data. Section 5507 should also provide for access restrictions to network stored data and
require 9-1-1 authorities to establish policies and procedures that set access rights, controls and
processes within the context of the Ohio Public Records Law. Additional detail is contained in the report.

Liability
Using the state’s ESINet for emergency services call delivery will be more complex than it is today and
involves many entities and vendors that will deliver individual components of 9-1-1 service at any point
in the call process. It is important that all players in Ohio’s NG9-1-1 system are assured that their good
faith efforts to deliver 9-1-1 service will not expose them to liability. Lack of legal clarity on the issue of
liability can lead to significant issues, including delays in provisioning critical NG9-1-1 services, just as it
did with wireless E9-1-1.

The statutory liability protection provided in Chapter 5507.32 should be amended to cover all NG9-1-1
services and be broad enough to encompass all players involved in provisioning NG9-1-1. Additional
detail is contained in the report.

Regulatory Environment

Statewide ESInet
Currently, Ohio’s statutes lack provision for a statewide ESInet to be implemented and to operate.
Authority to operate an ESInet at the state level and to coordinate interconnections with county,
regional and interstate ESINet implementations is an essential component that must be addressed.

Rulemaking authority for technical and operational standards is currently split between the ESInet
Steering Committee and the Ohio 9-1-1 Council. There should be only one such authority with the sole
rulemaking authority for 9-1-1, including technical and operational standards for NG9-1-1.

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As part of its standards setting authority, the Ohio 9-1-1 Board should establish a consensus based
training standard for Ohio 9-1-1 operators and have statutory authorization to do that by rule.

The Steering Committee should engage the regulated incumbent local exchange carriers (ILECs) in
discussions regarding future plans for the ESInet as soon as possible in order to expedite and simplify
interconnection negotiations once a network provider is identified.

The Steering Committee should also ask the selective router providers to amend tariff language as
necessary, or otherwise enter into permitted agreements to allow for interconnection so that term
language can be addressed up front.

The technical transition to NG9-1-1 will require the legacy network to work parallel to and in concert
with new network components during the transition period. Current tariffs may not be broad enough to
allow selective routers to route calls to transitional network components such as a Legacy Network
Gateway instead of directly routing to a PSAP. Existing tariffs suggest that regulated ILECs will connect to
PSAPs; thus, there is potential for regulated ILECs to resist interconnecting with the new network
components. Additional important information and concerns about existing tariffs associated with
specific companies is contained in the report.

Competitive NG9-1-1 Environment

Statutes need to be added or amended to allow for the competitive environment that is necessary for
the transition to NG9-1-1. Today, ILECs are typically the 9-1-1 System Service Providers (SSP), but in the
NG9-1-1 environment, competitive alternatives to existing services will be available – indeed, are
already available – from non ILEC providers. This transition is already underway elsewhere in the nation
and has already encountered legal and regulatory roadblocks. Ohio can avoid this pitfall by addressing
the matter up front and establishing a competitively neutral and technologically neutral marketplace.

The transition to NG9-1-1 will not occur with the flip of a switch. There will be a transition period,
perhaps lengthy, when some Ohio PSAPs will be fully NG9-1-1 capable, others will not be, and some will
have a mix of legacy and NG9-1-1 components. Ohio’s regulatory environment should allow 9-1-1
authorities to replace legacy 9-1-1 functions component by component by unbundling all tariffed 9-1-1
services and pricing them reasonably so that 9-1-1 authorities have the freedom to transition
component by component. Unbundling 9-1-1 services will prevent 9-1-1 authorities from bearing legacy
costs that are no longer needed during the transition. Further information and recommendations
regarding specific statutes may be found in the report.

Statutory Provisions Recommendations

The ESInet Steering Committee will work with the appropriate state-level legislative drafting bodies to
draft legislative language to remove the potential roadblocks to the operation of a statewide ESINet that
are highlighted in this report to develop new legislation that is needed to pave the way for NG9-1-1.
The standing subcommittees of the ESINet Steering Committee, which have served as an excellent
forum to engage all interested parties and facilitate thorough discussion and debate of the issues
brought up for consideration, will be actively involved in any legislative initiatives proposed by the
ESINet Steering Committee to ensure that thoroughly debated and well-reasoned legislation is
recommended to the General Assembly. The initial legislative amendments for the implementation of a

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statewide ESINet will go far to pave the way for NG9-1-1 in Ohio, however, unforeseen roadblocks can
be expected based on the specific system specifications and plans that are ultimately adopted. Ohio
should continue to review the 9-1-1 regulatory framework for new roadblocks as system specifications
are defined and finalized.

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APPENDIX A – GLOSSARY

Association of Public Safety Communications Officials (APCO) - APCO is the world‘s oldest and largest
not-for-profit professional organization dedicated to the enhancement of public safety communications.

Call - A session established by signaling with two way real-time media and involves a human making a
request for help. We sometimes use “voice call”, “video call” or “text call” when specific media is of
primary importance. The term “non-human-initiated call” refers to a one-time notification or series of
data exchanges established by signaling with at most one way media, and typically does not involve a
human at the “calling” end. The term “call” can also be used to refer to either a “Voice Call”, “Video
Call”, “Text Call” or “Data–only call”, since they are handled the same way through most of NG9-1-1.

Carrier - A function provided by a business entity to a customer base, typically for a fee. Examples of
carriers and associated services are; PSTN service by a Local Exchange Carrier, VoIP service by a VoIP
Service Provider, email service provided by an Internet Service Provider.

Circuit-Switched Networks - Circuit-switched is a type of network in which a physical path is obtained
for and dedicated to a single connection between two end-points in the network for the duration of the
connection. Ordinary voice phone service is circuit-switched.

Consolidated PSAP - A facility where one or more Public Safety Agencies choose to operate as a single
9-1-1 entity.

Customer Premise Equipment (CPE) - Communications or terminal equipment located in the customer‘s
facilities – Terminal equipment at a PSAP.

Emergency Services IP Network (ESInet) - An ESInet is a managed IP network that is used for emergency
services communications, and which can be shared by all public safety agencies. It provides the IP
transport infrastructure upon which independent application platforms and core functional processes
can be deployed, including, but not restricted to, those necessary for providing NG9-1-1 services.
ESINets may be constructed from a mix of dedicated and shared facilities. ESINets may be
interconnected at local, regional, state, federal, national and international levels to form an IP-based
inter-network (network of networks).

First Responder Network Authority (FirstNet) - FirstNet was established with the enactment of the
Middle Class Tax Relief and Job Creation Act of 2012 (Act) as an independent authority within the
National Telecommunications and Information Administration (NTIA) and authorizes FirstNet to take all
actions necessary to ensure the building, deployment and operation of a nationwide public safety
broadband network based on single, national network architecture. FirstNet is responsible for, at a
minimum, ensuring nationwide standards for use and access of the network; issuing open, transparent
and competitive requests for proposals to build, operate and maintain the network; leveraging, to the
maximum extent economically desirable, existing commercial wireless infrastructure to speed
deployment of the network; and managing and overseeing the implementation and execution of
contracts or agreements with non-Federal entities to build, operate, and maintain the network.

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The Act also assigns specific responsibilities to NTIA, including implementation of the State and Local
Implementation Grant Program, which will support the efforts of State, regional, tribal, and local
jurisdictions to identify, plan and implement the most efficient and effective way to utilize and integrate
the infrastructure, equipment, and other architecture associated with the network.

Geographic Information System (GIS) - A computer software system that enables one to visualize
geographic aspects of a body of data. It contains the ability to translate implicit geographic data (such as
a street address) into an explicit map location. It has the ability to query and analyze data in order to
receive the results in the form of a map. It also can be used to graphically display coordinates on a map
i.e., latitude/longitude from a wireless 9-1-1call.

Internet Protocol (IP) - The method by which data is sent from one computer to another on the Internet
or other networks.

Legacy 9-1-1 System - Refers to the analog circuit-switched 9-1-1 architecture developed for wireline
telephone service that cannot process calls received via NENA i3 defined call interfaces (IP-based calls)
and still requires the use of CAMA or ISDN trunk technology for delivery of 9-1-1 emergency calls

Local Exchange Carrier (LEC) - A Telecommunications Carrier (TC) under the state/local Public Utilities
Act that provide local exchange telecommunications services. Also known as Incumbent Local Exchange
Carriers (ILECs), Alternate Local Exchange Carriers (ALECs), Competitive Local Exchange Carriers (CLECs),
Competitive Access Providers (CAPs), Certified Local Exchange Carriers (CLECs), and Local Service
Providers (LSPs).

National Emergency Numbering Association (NENA) - A membership-based SDO of public-safety related
businesses, PSAPs, and individuals to ―...foster the technological advancement, availability and
implementation of a universal emergency telephone number system (9-1-1).‖ While NENA has no
governmental mandate, its standards and recommendations are widely adopted by PSAPs and the
public safety industry in the United States.

Next Generation 9-1-1 (NG9-1-1) - NG9-1-1 is the next evolutionary step in the development of the 9-1-
1 emergency communications. NG9-1-1 is a system comprised of managed IP-based networks and
functional elements and databases that augment present-day 9-1-1 features and functions and add new
capabilities. NG9-1-1 is designed to provide access to emergency services from all sources, and to
provide multimedia data capabilities for PSAPs and other emergency service organizations.

Public Safety Answering Point (PSAP) – With the transition to NG9-1-1 the current definition of PSAP is
inadequate to describe the implementations that will be made possible through IP-based technologies.

A physical PSAP is what is commonly thought of as a bricks and mortar facility assigned the
responsibility of receiving 9-1-1 calls and, as appropriate, directly dispatching emergency
response services or transferring or relaying emergency 9-1-1 calls to other public or private
safety agencies or other PSAPs.

A Virtual PSAP (VPSAP) – is a fully functional worksite that is not bound to a specific location but
is portable and scalable, connecting employees to the work process in the most advantageous

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setting, rather than employees having to come to a central office to connect to the work
process. This capability lends itself to both physical and virtual consolidations where a group or
groups of PSAPs share key technology or services such as CAD or 9-1-1 CPE remotely.

Telecommunicator - Person employed by a PSAP and/or an EMD Service Provider qualified to answer
incoming emergency telephone calls and provide for the appropriate emergency response either
directly or through communication with the appropriate PSAP.

Universal Access Fee (UAF) – A fee based approach to funding based on the number of subscribers
capable of accessing 9-1-1 services including, but not limited to, voice over IP and other services and
applications provided through wireline, cable, wireless, and satellite facilities and any other facility that
may be provided in the future through platforms that may not be deployable at present which are
capable of connecting users dialing or entering the digits 911 to public safety answering points. (See
Funding Models below)

Voice over IP (VoIP) - Provides distinct packetized voice information in digital format using the Internet
Protocol. The IP address assigned to the user’s telephone number may be static or dynamic.

FUNDING MODELS

While the term “universal access fee” is not utilized in other states, below are some examples of states
that have updated their funding statutes to collect a standard fee on all devices and then remit to a
state authority.

Alabama Definition:
Alabama made significant changes to their funding statute in 2012. Alabama reworked its funding
structure, which had previously been a combination of landline fees collected locally and wireless fees
collected at the state level, to a statewide 9-1-1 charge that is assessed on all voice communications and
remitted to the state.

The new statute reads:
“A single, monthly statewide 9-1-1 charge shall be imposed on each active voice communications service
connection in Alabama that is technically capable of accessing a 9-1-1 system. For CMRS providers, the
statewide 9-1-1 charge shall be levied on each CMRS connection with a primary place of use in the State
of Alabama. The statewide 9-1-1 charge is payable by the subscriber to the voice communications
service provider.

Voice Communications Service - Any of the following:
"a. The transmission, conveyance, or routing of real-time, two-way voice communications to a point or
between or among points by or through any electronic, radio, satellite, cable, optical, microwave,
wireline, wireless, or other medium or method, regardless of the protocol used.
"b. The ability to receive and terminate voice calls to and from the public switched telephone network.
"c. Interconnected VoIP service, as that term is defined by 47 C.F.R. § 9.3.
"d. Such other services to which the statewide 9-1-1 charge is applied pursuant to Section 11-98-
4.1(e)(8).”

North Carolina Definition:

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North Carolina updated the statute to include all “voice communication services…capable of accessing
the 9-1-1 system. The statute defines “voice communication services” as:
Any of the following:
a. The transmission, conveyance, or routing of real-time, two-way voice communications to a point or
between or among points by or through any electronic, radio, satellite, cable, optical, microwave,
wireline, wireless, or other medium or method, regardless of the protocol used.
b. The ability to receive and terminate voice calls to and from the public switched telephone network.
c. Interconnected VoIP service.

Indiana Definition:
Indiana updated the statute in 2012 to include the term “Communications service” which allows for
future methods of accessing 9-1-1 in addition to voice communications. Per the statute
“communications service” is defined below.

Sec. 7. (a) As used in this chapter, "communications service" means any service that:
(1) uses telephone numbers or IP addresses or their functional equivalents or successors;
(2) allows access to, or a connection or interface with, a 9-1-1 system through the activation or

enabling of a device, transmission medium, or technology that is used by a customer to dial, initialize, or
otherwise activate the 9-1-1 system, regardless of the particular device, transmission medium, or
technology employed;

(3) provides or enables real time or interactive communications, other than machine to machine
communications; and

(4) is available to a prepaid user or a standard user.
(b) The term includes the following:

(1) Internet protocol enabled services and applications that are provided through wireline, cable,
wireless, or satellite facilities, or any other facility or platform that is capable of connecting a 9-1-1
communication to a PSAP.

(2) A multiline telephone system.
(3) CMRS.
(4) Interconnected VOIP service and voice over power lines.
(5) Integrated telecommunications service (as defined in 47 CFR 400.2).

Kansas Definition:
Kansas also updated the funding statute in 2012 to include a “uniform fee” that includes any service
capable of contacting 9-1-1. Per the Kansas statute passed in 2012, the term “uniform fee” is defined
below:

There is hereby imposed a 9-1-1 fee in the amount of $.53 per month per subscriber account of any
exchange telecommunications service, wireless telecommunications service, VoIP service, or other
service capable of contacting a PSAP.

Additional information:
In 2007 the National Emergency Number Next Generation Partner Program (NENA NGPP) created a
document on possible funding solutions for 9-1-1. The document titled “Funding 9-1-1 Into the Next
Generation: An Overview of NG9-1-1 Funding Model Options for Consideration” might provide additional
background information for the steering committee to consider while deciding what type of funding
model would be best suited for Ohio. One of them – surcharge on access infrastructure provider –
remains purely theoretical, because no state has attempted to implement it.

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APPENDIX B - [Insert County 9-1-1 Survey Here?]
APPENDIX C [Insert PSAP survey here?]

197 of 204 PSAPs reported they are Primary PSAPs
187 of 203 PSAPs report they are Phase II compliant
151 of 196 PSAPs reported having Broadband connectivity
111 of 197 PSAPs report having CPE that is IP capable.
76 of 203 PSAPs plan to purchase new Computer Premise Equipment within the next 12 months
70 of 203 PSAPs plan to purchase new 9-1-1 software within the next 12 months
39 of 201 PSAPs reported they are planning consolidating or merging PSAP activities

APPENDIX D [Insert Technical Evaluation Here?]
APPENDIX E [Insert Kimball Report Here?]
APPENDIX F [Insert FCC Report Here]

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Date: April 25, 2013

From: Andrew Booker, Ohio EPA

To: Flow Control Discussion Participants

During the last flow control meeting, it was suggested that it might be helpful for Ohio EPA to provide
participants with our thoughts on flow control in order to help frame the discussion during the final
meeting(s). I have drafted the following document for that purpose. Some of the information below is
simple background information and is well-known by all participants. The final section of the document
contains Ohio EPA’s current thinking on flow-control based on our historic position on the issue, our
experience with flow control over the recent past, and the discussion that has taken place with
participants over the last few weeks.

Ohio EPA Perspective on Flow Control

Background

When Ohio EPA began the Ohio Solid Waste Management Review project, we stated that we would be
looking comprehensively at the entire system of waste management in Ohio, including difficult issues
that have the potential to be controversial. Flow control is without question one of these issues. Ohio’s
solid waste management districts were granted the ability to exercise flow control with the passage of
H.B. 592 in 1988. In fact, the exercise of flow control was the “default” condition created by H.B. 592.
Since that time, the statute has been changed to make flow control a discretionary action by SWMDs.

At this time, some type of flow control is exercised by approximately 21 SWMDs. Of these, about 8
exercise what could be termed “fee designation” flow control, whereby they designate multiple
facilities, but require each facility to enter into a contract for the collection and remittance of a fee to
the SWMD as a condition of being designated. Under this approach, the focus is not on dictating where
waste can go, but rather assuring that wherever it goes a fee is paid. (Three additional SWMDs have
some type of less common fee collection mechanism that utilizes designation.)

About 10 SWMDs exercise what could be termed “traditional flow control”, whereby they require waste
to go to one or a small number of solid waste facilities. Typically, this approach is used when a SWMD
(or county) owns a solid waste facility and traditionally has been utilized in order to secure and pay off
public debt. However, the exercise of flow control is not exclusively used at publicly-owned facilities,
and it is not necessary to have debt in order to exercise it.

Flow control is controversial because the private waste industry objects to the restriction on the flow of
waste. Often, they would rather deliver waste to a facility that they own as opposed to delivering it to
the publicly-owned facility. The controversy over flow control is in no way unique to Ohio, as flow
control is exercised in numerous states and jurisdictions throughout the country, and it has been

Ohio EPA Perspective on Flow Control
Page 2

litigated repeatedly in Ohio as well as in other jurisdictions. Cases involving low flow control have also
been heard on more than one occasion before the U.S. Supreme Court.

Participation in the Flow Control Discussions

Ohio EPA greatly appreciates the participation and input that has been provided by both the private
waste industry and the SWMDs on this issue. We believe that the discussion has been very beneficial to
understanding the issue from all perspectives and generating ideas for future direction. We also hope
that it has been a productive and healthy dialogue between the interested parties, independent of the
legislative review project.

Ohio EPA’s Perspective on Flow Control

The first item was stated at the outset of the meetings but is worth repeating here.

Ohio EPA will not put forward any legislative proposal that would result in stranded public debt.

Based on the discussion at the meetings, there appears to be wide consensus (although not necessarily
unanimous support) for the following.

The ability of SWMDs to exercise “fee designation” flow control should not be restricted, as it is
more of a fee collection exercise than one of flow control. This practice should be clarified and
simplified in statute, and possibly refined in some manner, but the general approach makes
sense as a practice and generally evens the playing field for Ohio solid waste facilities. It is
essentially an extension of the SWMD’s ability to levy and collect generation fees. The focus on
this issue from this point forward should be on clarification and refinement, not on the general
concept.

Regarding traditional flow control, Ohio EPA’s current thinking on the issue, based on our historic
position, our experience with flow control in the recent past, and the discussion that has taken place
with participants over the last few weeks, is as follows.

H.B. 592 gave SWMDs responsibilities related to comprehensive solid waste planning and
management in Ohio, and did so in a way that vested them with a significant amount of
autonomy regarding how best to achieve those purposes. The vesting of responsibility in
SWMDs continues to have value to Ohio. Waste management is often an “out of sight, out of
mind” issue, and often involves a large number of diverse entities involved in the process. As
such, there has historically been no entity that is responsible for a long-term, comprehensive
focus on waste management issues. While the role and responsibilities of SWMDs will likely be
altered in some manner as part of Ohio EPA’s overall legislative proposal, they will continue to
serve as an integral part of the overall solid waste system, will continue to have responsibilities
for the long term planning and management of the solid waste stream, and will continue to
have a significant amount of autonomy regarding how to achieve their objectivesi. As such, Ohio

Ohio EPA Perspective on Flow Control
Page 3

EPA supports the concept that flow control can sometimes be an appropriate exercise of SWMD
authority to further several purposesii, including:

o The payment of public debt;

o The consolidation of waste in a manner that is economically beneficial to the
communities generating the waste;

o The provision of waste management services to areas that are traditionally
underserved, and;

o The achievement of certain other solid waste management objectives.

Accordingly, Ohio EPA is not advocating for the elimination of flow control in Ohio. However,
we do think that the system can be improved to reduce the potential for negative impacts from
the exercise of this authority.

SWMDs that choose to exercise flow control should do so very judiciously, in a very well
thought-out and purposeful manner, being cognizant of the fact that the exercise of this
authority can potentially have a negative economic impact on the private waste industry. It
should never be entered into lightly, and other possible approaches should be explored
thoroughly prior to exercising this authority.

SWMDs that choose to exercise flow control should have a clearly articulated objective for doing
so and a clear plan for paying off debt (if debt exists). If a SWMD exercises flow control, it
should be clear and easy for any waste hauler or business to understand the flow control
requirements.

The private waste industry has the potential to be directly impacted by flow control decisions,
and as such has a legitimate right for direct input into the decision-making process regarding
flow control.

Flow control should continue to be exercised in a manner that is open, transparent, and
encourages input from all types of interested parties.

SWMDs that choose to exercise this authority should explicitly identify and analyze the impact
of their decisions on existing privately-owned facilities. This is particularly true for any new or
expanded use of flow control

The exercise of flow control should not be a static decision. A SWMD that exercises flow control
should regularly assess whether it continues to be the best approach to achieve their objectives,
taking into consideration changes to the waste industry, technology, availability of service
providers, etc.