331 - Funding of local public safety answering points.

* §  331.  Funding of local public safety answering points. 1. A local  public safety answering point shall be  eligible  for  reimbursement  of  eligible  wireless  911  service  costs.  Applications for reimbursement  shall be in a form and manner determined by the department of state  and  shall  be  submitted  by  a  municipality,  as  defined in section three  hundred one of this chapter. Any local  public  safety  answering  point  operated  by  a political subdivision or a local public safety answering  point operated by a not-for-profit corporation  under  contract  with  a  political  subdivision,  within  a county with a population in excess of  one million according to the federal decennial census  of  two  thousand  shall be eligible to share in any reimbursement received by such county,  provided,  however,  that  such local public service answering point had  received wireless calls on or before the effective date of this article.  Any county which contains a city with a  population  in  excess  of  one  hundred  thousand  according  to  the  federal  decennial  census of two  thousand which city is serviced by a local public safety answering point  that received wireless 911 calls on or before the effective date of this  article shall be required to share any reimbursement  received  by  such  county   with  such  city  in  accordance  with  section  three  hundred  thirty-two  of  this  article.  The  applicant  shall   distribute   its  reimbursement  to  eligible  local  public  safety  answering  points in  accordance with an equitable distribution based upon  eligible  wireless  911  service  costs  incurred;  no  local  public safety answering point  eligible under this subdivision shall be denied reimbursement  for  such  eligible costs, provided that there are funds available to the applicant  pursuant to section three hundred thirty-two of this article.    2.  In  order  to  be eligible for funding pursuant to this section, a  local public safety answering point  must  be  in  compliance  with  the  standards  promulgated pursuant to paragraphs (a) and (b) of subdivision  four of section three hundred twenty-eight of  this  article,  provided,  however,  that  a local public safety answering point operated within or  by a county with a population of more than one million or a local public  safety answering point servicing a city with a population in  excess  of  one  hundred  thousand  according to the federal decennial census of two  thousand which received wireless 911 calls on or  before  the  effective  date  of  this  article  must  only  be in compliance with the standards  promulgated pursuant to paragraph (a) of  subdivision  four  of  section  three hundred twenty-eight of this article.    3.  (a)  Until  such  time  as  the  standards  developed  pursuant to  subdivision four of section three hundred twenty-eight of  this  article  have  been  promulgated,  or  until  October  first, two thousand three,  whichever is later, and subject to appropriation by the legislature, the  executive board, upon the recommendation of  the  department  of  state,  shall  distribute  moneys  from  the  fund  to  the  applicant  for  the  reimbursement of eligible wireless 911 service costs pursuant to section  three hundred thirty-two of  this  article.  Any  action  taken  by  the  executive  board  to distribute moneys shall be by unanimous decision of  the executive board.    (b)  The  department  of  state  shall  make  recommendations  to  the  executive  board,  at  a  minimum,  on  a  quarterly basis regarding all  requests  for  reimbursement.  The  executive  board  shall  make  final  determinations  with  respect to such recommendations not later than the  end of the following quarter.    4.  (a)  After  such  time  as  the  standards  required  pursuant  to  subdivision  four  of section three hundred twenty-eight of this article  have been promulgated, and subject to appropriation by the  legislature,  the  department  of  state  shall distribute moneys from the fund to theapplicant for the reimbursement of eligible wireless 911 services  costs  pursuant to section three hundred thirty-two of this article.    (b) An applicant that has been denied moneys pursuant to paragraph (a)  of  this  subdivision  or  that  has been denied an extension of time to  qualify for receipt of such moneys may appeal such denial to the board.    5. The department of state shall have the power to make, execute,  and  deliver  contracts,  conveyances,  and  other  instruments  necessary to  effect the purposes and objectives of this subdivision.  The  department  of  state  may  grant  an  extension  of  time to a municipality to seek  reimbursement for eligible 911 service costs for good cause shown.    * NB Repealed  upon  notification  by  the  director  of  budget  upon  cessation of adverse effects