2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the public safety radio and communication 1.3 system; transforming the Public Safety Radio System 1.4 Planning Committee into the Statewide Radio Board; 1.5 changing the composition of the Metropolitan Radio 1.6 Board and providing for the transfer of its 1.7 responsibilities to a regional radio board and the 1.8 Statewide Radio Board; providing for the composition 1.9 and responsibilities of the Statewide Radio Board; 1.10 providing for establishment of regional radio boards 1.11 and various advisory committees; allocating 1.12 responsibility for requesting that the Metropolitan 1.13 Council sell bonds for construction of the public 1.14 safety radio and communication system; amending 1.15 Minnesota Statutes 2003 Supplement, sections 403.21, 1.16 subdivisions 1, 2, 3, 5, 8, 9, 10, by adding 1.17 subdivisions; 403.22, subdivisions 1, 2; 403.23, 1.18 subdivision 3; 403.27, subdivision 1; 403.35; 403.36; 1.19 proposing coding for new law in Minnesota Statutes, 1.20 chapter 403; repealing Laws 1995, chapter 195, article 1.21 1, section 18, as amended. 1.22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.23 Section 1. [403.20] [SYSTEM NAME.] 1.24 The statewide, shared, trunked radio and communication 1.25 system established under section 403.36 may be referred to as 1.26 "Allied Radio Matrix for Emergency Response" or "ARMER." 1.27 Sec. 2. Minnesota Statutes 2003 Supplement, section 1.28 403.21, subdivision 1, is amended to read: 1.29 Subdivision 1. [APPLICATIONS.] The definitions in this 1.30 section apply to sections 403.21 to
403.34403.40. 1.31 Sec. 3. Minnesota Statutes 2003 Supplement, section 1.32 403.21, subdivision 2, is amended to read: 1.33 Subd. 2. [BOARD.] "Board" or "radio board" or 2.1 "Metropolitan Radio Board" means the Metropolitan Radio Board or 2.2 its successor regional radio board. 2.3 Sec. 4. Minnesota Statutes 2003 Supplement, section 2.4 403.21, subdivision 3, is amended to read: 2.5 Subd. 3. [FIRST PHASE.] "First phase" or "first phase of 2.6 the regionwide public safety radio communicationscommunication 2.7 system" means the initial backbone which serves the following 2.8 nine-county metropolitan area: Anoka, Carver, Chisago, Dakota, 2.9 Hennepin, Isanti, Ramsey, Scott, and Washington Counties. 2.10 Sec. 5. Minnesota Statutes 2003 Supplement, section 2.11 403.21, subdivision 5, is amended to read: 2.12 Subd. 5. [LOCAL GOVERNMENT.] "Local government" means any 2.13 county, home rule charter or statutory city, or town , lying in2.14 whole or in part within the metropolitan area. 2.15 Sec. 6. Minnesota Statutes 2003 Supplement, section 2.16 403.21, subdivision 8, is amended to read: 2.17 Subd. 8. [SUBSYSTEMS.] "Subsystems" or "public safety 2.18 radio subsystems" means systems identified in the plan as 2.19 subsystems interconnected by the first phasesystem backbone in 2.20 subsequent phases and operated by the Metropolitan Radio Board, 2.21 a regional radio board, or local government units for their own 2.22 internal operations. 2.23 Sec. 7. Minnesota Statutes 2003 Supplement, section 2.24 403.21, subdivision 9, is amended to read: 2.25 Subd. 9. [SYSTEM ;BACKBONE SYSTEM.] "System backbone" or 2.26 "backbone system" means a regionwidepublic safety radio 2.27 communication system that consists of a shared regionwide, 2.28 trunked, communication, and interoperability infrastructure 2.29 network, including, but not limited to, radio towers and 2.30 associated structures and equipment, the elements of which are 2.31 identified in the regionwide public safety radio communications2.32 communication system plan , and subsystems interconnected by the2.33 shared regionwide networkunder section 403.23, subdivision 6, 2.34 and the statewide radio communication plan under section 403.36. 2.35 Sec. 8. Minnesota Statutes 2003 Supplement, section 2.36 403.21, subdivision 10, is amended to read: 3.1 Subd. 10. [SECOND PHASE.] "Second phase" means the 3.2 Metropolitan Radio Board providing assistance toenhancement of 3.3 the phase one backbone by local government units building 3.4 subsystems in the metropolitan area that did not build their own 3.5 subsystems in the first phase. 3.6 Sec. 9. Minnesota Statutes 2003 Supplement, section 3.7 403.21, is amended by adding a subdivision to read: 3.8 Subd. 12. [GREATER MINNESOTA.] "Greater Minnesota" means 3.9 the area of the state outside the nine-county metropolitan area 3.10 served by the first phase. 3.11 Sec. 10. Minnesota Statutes 2003 Supplement, section 3.12 403.21, is amended by adding a subdivision to read: 3.13 Subd. 13. [REGIONAL RADIO BOARD.] "Regional radio board" 3.14 or "regional board" means a regional radio board established 3.15 under section 403.39. 3.16 Sec. 11. Minnesota Statutes 2003 Supplement, section 3.17 403.22, subdivision 1, is amended to read: 3.18 Subdivision 1. [GENERAL.] The Metropolitan Radio Board is 3.19 established as a political subdivision with jurisdiction in the 3.20 counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, 3.21 Ramsey, Scott, and Washington. The board shall be organized, 3.22 structured, and administered as provided in this section. Until 3.23 funds to administer the board become available under section 3.24 403.23, subdivision 19, the Metropolitan Council shall provide 3.25 office space and administrative support to the board at no cost. 3.26 Sec. 12. Minnesota Statutes 2003 Supplement, section 3.27 403.22, subdivision 2, is amended to read: 3.28 Subd. 2. [MEMBERSHIP.] The board consists of 1721 3.29 members. FifteenSeventeen members shall be local officials and 3.30 shall include: 3.31 (1) one county commissioner appointed by each respective 3.32 county board from each of the seven metropolitancounties in the 3.33 board's jurisdiction; 3.34 (2) an elected official from each of the cities of 3.35 Minneapolis, St. Paul, and Bloomington appointed by each 3.36 respective city governing body; 4.1 (3) two elected officials from other metropolitan cities 4.2 appointed by the governor, who shall consider recommendations 4.3 made by the Association of Metropolitan Municipalities when 4.4 making these appointments; 4.5 (4) an elected official from a county or a city within a 4.6 county in Minnesota that is contiguous to the metropolitan area 4.7 appointed by the governor, who shall consider recommendations 4.8 made by the League of Minnesota Cities when making this 4.9 appointment; 4.10 (5) a sheriff appointed by the governor, who shall consider 4.11 recommendations made by the Metropolitan Sheriffs Association 4.12 when making this appointment; and 4.13 (6) a police chief appointed by the governor, who shall 4.14 consider recommendations made by the Minnesota Police Chiefs 4.15 Association when making this appointment. 4.16 The 16th18th member shall be a member of the Metropolitan 4.17 Council appointed by the council. The 17th19th member shall be 4.18 the director of electronic communications of the Minnesota 4.19 Department of Transportation. The 20th member shall be the 4.20 commissioner of public safety, or a designee of the 4.21 commissioner. As provided in section 403.23, subdivision 20, 4.22 the chair of the Technical Operations Committee serves as an ex4.23 officiothe 21st member of the board. 4.24 The members shall be appointed within 30 days of the 4.25 effective date of Laws 1995, chapter 195. Upon the effective 4.26 date of Laws 1995, chapter 195, the Metropolitan Council shall 4.27 inform the entities listed in this subdivision of the 4.28 appointments required by this subdivision and shall provide 4.29 whatever assistance is necessary to facilitate the appointment 4.30 process and establish the radio board. 4.31 Board members have no set term and remain on the board 4.32 until a successor is appointed as provided by this subdivision. 4.33 However, with respect to those board members who, under this 4.34 subdivision, must be elected officials, a successor must be 4.35 appointed as provided by this subdivision no later than the date 4.36 that a member is no longer an elected official, unless the 5.1 member dies while in office, in which case a successor must be 5.2 named as soon as practicable. 5.3 Sec. 13. Minnesota Statutes 2003 Supplement, section 5.4 403.23, subdivision 3, is amended to read: 5.5 Subd. 3. [APPLICATION TO FCC.] Within 180 days from 5.6 adoption of the regionwide public safety radio system 5.7 communication plan the commissioner of transportation, on behalf 5.8 of the state of Minnesota, shall use the plan, adopted by the 5.9 board under subdivision 2 to submit an extended implementation 5.10 application to the Federal Communications Commission (FCC) for 5.11 the NPSPAC channels and other public safety frequencies 5.12 available for use in the metropolitan area and necessary to 5.13 implement the plan. Local governments and all other public or 5.14 private entities eligible under part 90 of the FCC rules shall 5.15 not apply for public safety channels in the 821 to 824 and 866 5.16 to 869 megahertz bands for use within the metropolitan counties 5.17 until the FCC takes final action on the regional application 5.18 submitted under this section. Exceptions to the restrictions on 5.19 the application for the NPSPAC channels may be granted by the 5.20 radioboard. The Minnesota Department of Transportation shall 5.21 hold the master system licenses for all public safety 5.22 frequencies assigned to the first phase under the board's plan 5.23 and these channels shallmust be used for the implementation of 5.24 the plan. The radioboard shall hold the master system licenses 5.25 for the public safety frequencies assigned to local government 5.26 subsystems under the board's plan and these channels shallmust 5.27 be used for implementation of the plan. Upon approval by the 5.28 board of a local government's subsystem plan and evidence of a 5.29 signed contract with a vendor for construction of a subsystem 5.30 consistent with the board's system plan, the board shall apply 5.31 to the FCC to transfer to the local government the licenses for 5.32 the public safety frequencies assigned by the plan for use in 5.33 the network infrastructure owned by the local government. The 5.34 radioboard, the commissioner of the Minnesota Department of 5.35 Transportation, and local subsystem owners shall jointly 5.36 colicense all subscriber equipment for the system backbone 6.1 system. 6.2 Sec. 14. Minnesota Statutes 2003 Supplement, section 6.3 403.27, subdivision 1, is amended to read: 6.4 Subdivision 1. [AUTHORIZATION.] (a) After consulting with 6.5 the commissioner of finance, the council, if requested by a vote 6.6 of at least two-thirds of all of the members of the Public6.7 Safety Radio Communication System Planning Committee established6.8 under section 403.36Metropolitan Radio Board, may, by 6.9 resolution, authorize the issuance of its revenue bonds for any 6.10 of the following purposes to: 6.11 (1) provide funds for regionwide mutual aid and emergency 6.12 medical services communications; 6.13 (2) provide funds for the elements of the first phase of 6.14 the regionwide public safety radio communicationscommunication 6.15 system that the board determines are of regionwide benefit and 6.16 support mutual aid and emergency medical services communication 6.17 including, but not limited to, costs of master controllers of 6.18 the backbone; 6.19 (3) provide money for the second phase of the public safety 6.20 radio communication system; 6.21 (4) provide money for the third phase of the public safety6.22 radio communication system;6.23 (5)to the extent money is available after meeting the 6.24 needs described in clauses (1) to (3), provide money to 6.25 reimburse local units of government for amounts expended for 6.26 capital improvements to the first phase system previously paid 6.27 for by the local government units; or 6.28 (6)(5) refund bonds issued under this section. 6.29 (b) After consulting with the commissioner of finance, the 6.30 council, if requested by a vote of at least two-thirds of all of 6.31 the members of the Statewide Radio Board may, by resolution, 6.32 authorize the issuance of its revenue bonds to provide money for 6.33 the third phase of the public safety radio communication system. 6.34 Sec. 15. Minnesota Statutes 2003 Supplement, section 6.35 403.35, is amended to read: 6.36 403.35 [ REPORT TO LEGISLATURECONTINUATION OF ENHANCEMENTS 7.1 TO REGIONAL SYSTEM.] 7.2 The Metropolitan Radio Board shall report to the7.3 legislature no later than March 1, 2000, concerning the status7.4 of the 800-MHz system. The report shall include: projected7.5 cost of the system; identification of groups of taxpayers or7.6 persons who pay fees who will pay for each part of the system;7.7 the number of radios purchased by any government unit; and an7.8 identification of manufacturers that have agreed to, or are7.9 expected to respond to requests for proposals to, deliver radios7.10 to the state or any government unit in connection with the7.11 800-MHz project.Upon the transition of the Metropolitan Radio 7.12 Board to a regional radio board under section 403.39, the 7.13 Metropolitan Radio Board may continue the planning, 7.14 implementation, operation, and maintenance of the second phase 7.15 and of local and regional enhancements to the system backbone. 7.16 The Metropolitan Radio Board may retain property, interests, 7.17 obligations, and rules that relate exclusively to the planning, 7.18 implementation, operation, and maintenance of the second phase 7.19 and to local and regional enhancements to the system backbone. 7.20 Where the property, interests, and obligations of the 7.21 Metropolitan Radio Board are combined with elements of the 7.22 system backbone, the commissioner of public safety, the 7.23 Statewide Radio Board, and the Metropolitan Radio Board shall 7.24 formulate and submit to the legislature by February 1, 2005, a 7.25 plan, consistent with the public safety radio system 7.26 communication plan, specifying the terms and conditions under 7.27 which the combined property, interests, or obligations will be 7.28 jointly maintained. 7.29 Sec. 16. Minnesota Statutes 2003 Supplement, section 7.30 403.36, is amended to read: 7.31 403.36 [ PUBLIC SAFETYSTATEWIDE RADIO SYSTEM PLANNING7.32 COMMITTEEBOARD.] 7.33 Subdivision 1. [ PLANNING COMMITTEEMEMBERSHIP.] (a) The 7.34 commissioner of public safety shall convene and chair a planning7.35 committeethe Statewide Radio Board to develop a project plan 7.36 for a statewide, shared, trunked public safety radio 8.1 communication system. The system may be referred to as "Allied 8.2 Radio Matrix for Emergency Response," or "ARMER." 8.3 (b) The planning committeeboard consists of the following 8.4 members or their designees: 8.5 (1) the commissioner of public safety; 8.6 (2) the commissioner of transportation; 8.7 (3) the commissioner of administration; 8.8 (4) the commissioner of natural resources; 8.9 (5) the chief of the Minnesota State Patrol; 8.10 (6) the commissioner of health; 8.11 (7) the commissioner of finance; 8.12 (8) two elected city officials, one from the nine-county 8.13 metropolitan area and one from Greater Minnesota, appointed by 8.14 the governing body of the League of Minnesota Cities; 8.15 (9) two elected county officials, one from the nine-county 8.16 metropolitan area and one from Greater Minnesota, appointed by 8.17 the governing body of the Association of Minnesota Counties; 8.18 (10) two sheriffs, one from the nine-county metropolitan 8.19 area and one from Greater Minnesota, appointed by the governing 8.20 body of the Minnesota Sheriffs' Association; 8.21 (11) two chiefs of police, one from the nine-county 8.22 metropolitan area and one from Greater Minnesota, appointed by 8.23 the governor after considering recommendations made by the 8.24 Minnesota Chiefs' of Police Association; 8.25 (12) two fire chiefs, one from the nine-county metropolitan 8.26 area and one from Greater Minnesota, appointed by the governor 8.27 after considering recommendations made by the Minnesota Fire 8.28 Chiefs' Association; 8.29 (13) two representatives of emergency medical service 8.30 providers, one from the nine-county metropolitan area and one 8.31 from Greater Minnesota, appointed by the governor after 8.32 considering recommendations made by the Minnesota Ambulance 8.33 Association; 8.34 (14) the chair of the Metropolitan Radio Board; and 8.35 (6) the president of the Minnesota Sheriffs' Association;8.36 (7) a representative of the League of Minnesota Cities from9.1 the metropolitan area;9.2 (8) a representative of the League of Minnesota Cities from9.3 Greater Minnesota; and9.4 (9) a representative of the Association of Minnesota9.5 Counties from Greater Minnesota9.6 (15) a representative of Greater Minnesota elected by those 9.7 units of government in phase three and any subsequent phase of 9.8 development as defined in the statewide, shared radio and 9.9 communication plan, who have submitted a plan to the Statewide 9.10 Radio Board and where development has been initiated. 9.11 Additionally, the commissioner of finance or a designee9.12 shall serve on the committee as a nonvoting member.The 9.13 Statewide Radio Board shall coordinate the appointment of board 9.14 members representing Greater Minnesota with the appointing 9.15 authorities and may designate the geographic region or regions 9.16 from which an appointed board member is selected where necessary 9.17 to provide representation from throughout the state. 9.18 Subd. 1a. [TERMS.] Board members have no set term and 9.19 remain on the board until a successor is appointed as provided 9.20 in subdivision 1. However, with respect to those board members 9.21 who, under subdivision 1, must be elected officials, a successor 9.22 must be appointed as provided in subdivision 1 no later than the 9.23 date that the member is no longer an elected official, unless 9.24 the member dies while in office, in which case a successor must 9.25 be named as soon as practicable. 9.26 Subd. 1b. [COMPENSATION; REMOVAL; 9.27 VACANCIES.] Compensation, removal, and filling of vacancies of 9.28 board members are governed by section 15.0575, except that 9.29 appointments to the board are not subject to the open 9.30 appointments process of sections 15.0597 to 15.0599. 9.31 Subd. 1c. [VOTING.] Each member has one vote. The 9.32 majority of the voting power of the board constitutes a quorum, 9.33 although a smaller number may adjourn from time to time. Any 9.34 motion, other than adjournment, must be favored by a majority of 9.35 the voting power of the board in order to carry. 9.36 Subd. 1d. [CALLING A MEETING.] The board shall convene 10.1 upon the call of the chair or any six members of the board. 10.2 (c)Subd. 1e. [IMPLEMENT PLAN AND ESTABLISH STATEWIDE 10.3 SYSTEM.] The planning committee must implement theStatewide 10.4 Radio Board has overall responsibility for the statewide, shared 10.5 radio and communication system project plan and establish the10.6 statewide, shared trunked radio and communications system. The 10.7 commissioner of public safety is designated as the chair of the10.8 planning committeeshall implement the plan adopted by the 10.9 Statewide Radio Board. The commissioner of public safety and10.10 the planning committee have overall responsibility for the10.11 successful completion of statewide communications infrastructure10.12 system integrationshall contract with the commissioner of 10.13 transportation to construct, own, operate, maintain, and enhance 10.14 the elements of the backbone system defined in the plan. The 10.15 commissioner of transportation, under appropriate state law, 10.16 shall contract for, or procure by purchase or lease, (including 10.17 joint purchase and lease agreements), construction, installation 10.18 of materials, supplies and equipment, and other services as may 10.19 be needed to build, operate, and maintain the system backbone. 10.20 The Department of Transportation shall own, operate, and 10.21 maintain those elements identified in the project plan as the 10.22 system backbone, including, but not limited to, radio towers and 10.23 associated structures and equipment related to the system 10.24 backbone. 10.25 (d)Subd. 1f. [ADVISORY GROUPS.] (a) The planning10.26 committee mustStatewide Radio Board shall establish one or more 10.27 advisory groups for the purpose of advising on the plan, design, 10.28 implementation, and administration of the statewide, shared 10.29 trunked radio and communicationscommunication system. 10.30 (b) At least one such group must consist of the following 10.31 members: 10.32 (1) the chair of the Metropolitan Radio Board and the chair 10.33 of each regional radio board or, if no regional radio board has 10.34 been formed, a representative of each region of development as 10.35 defined in the statewide, shared, trunked radio and 10.36 communication plan, once planning and development have been 11.1 initiated for the region, or a designee; 11.2 (2) the chief of the Minnesota State Patrol or a designee; 11.3 (3) a representative of the Minnesota State Sheriffs' 11.4 Association; 11.5 (4) a representative of the Minnesota Chiefs of Police 11.6 Association; and11.7 (5) a representative of the Minnesota Fire Chiefs' 11.8 Association; and 11.9 (6) a representative of the Emergency Medical Services 11.10 Board. 11.11 Subd. 2. [PLAN CONTENTS.] (a) The statewide, shared radio 11.12 and communicationscommunication system project plan must 11.13 include: 11.14 (1) standards, guidelines, and comprehensive design for the 11.15 system, including use and integration of existing public and 11.16 private communications infrastructure; 11.17 (2) proposed project implementation schedule, phases, and 11.18 estimated costs for each phase of the plan; 11.19 (3) recommended statutory changes required for effective 11.20 implementation and administration of the statewide, shared 11.21 trunked radio and communicationscommunication system; and 11.22 (4) establishment of a permanent governance structure to11.23 manage, administer, and operate the statewide, shared trunked11.24 radio system as it becomes operational; and11.25 (5)a policy for the lease of excess space or capacity on 11.26 systems constructed under the project plan, consistent with 11.27 section 174.70, subdivision 2, with priority given first to 11.28 local units of government for public safety 11.29 communicationscommunication transmission needs and second to 11.30 any other communications transmission needs of either the public 11.31 or private sector. 11.32 (b) The planning committeeStatewide Radio Board must 11.33 ensure that generally accepted project management techniques are 11.34 utilized for each project or phase of the backbone of the 11.35 statewide, shared radio and communicationscommunication system 11.36 consistent with guidelines of the Project Management Office of 12.1 the Office of Technology: 12.2 (1) clear sponsorship; 12.3 (2) scope management; 12.4 (3) project planning, control, and execution; 12.5 (4) continuous risk assessment and mitigation; 12.6 (5) cost management; 12.7 (6) quality management reviews; 12.8 (7) communications management; and 12.9 (8) proven methodology. 12.10 Subd. 3. [LOCAL FINANCING.] A local unit of government 12.11 that receives state funds for integration with the statewide, 12.12 shared, trunked radio and communicationscommunication system 12.13 must agree to participate in the systemhave a plan approved by 12.14 the Statewide Radio Board and must comply with the standards and 12.15 guidelines contained in the project plan. The planning12.16 committeeStatewide Radio Board must review and approve all 12.17 local and regional planning initiatives , including bonds issued12.18 under section 373.47,for connectivity to the system to assure 12.19 compatibility, interoperability and integration support with the 12.20 system and plan standards. As part of the review , and prior to12.21 approving the issuance of bonds under section 373.47,the 12.22 planning committeeStatewide Radio Board must require, and a 12.23 county or local unit of government must provide, a detailed plan 12.24 including a budget and detailed cost estimates. 12.25 Subd. 4. [REPORTING.] By November 15, 2002In conjunction 12.26 with each biennial budget process, the planning12.27 committeeStatewide Radio Board must submit a status report to 12.28 the governor and to the chairs and ranking minority members of 12.29 the house and senate committees with jurisdiction over capital 12.30 investment and criminal justice funding and policy along with12.31 any proposed statutory changes and funding options to allow for12.32 consideration in the 2004-2005 biennial budget process. By12.33 January 15, 2003, the planning committee must submit the project12.34 plan to the governor and to the above named legislators and must12.35 immediately thereafter commence execution of the plan. The 12.36 report must include a substantive assessment and evaluation of 13.1 each significant part of the implementation of the statewide 13.2 public safety radio plan with (1) to the extent possible, an 13.3 update on risks and mitigation strategies; and (2) quantitative 13.4 information on the status, progress, costs, benefits, and 13.5 effects or those efforts. 13.6 Sec. 17. [403.37] [POWERS OF STATEWIDE RADIO BOARD.] 13.7 Subdivision 1. [GENERAL.] In addition to any other powers 13.8 specifically provided by law, the Statewide Radio Board has the 13.9 powers given in this section. 13.10 Subd. 2. [PLANNING.] The board shall coordinate the 13.11 statewide, shared radio and communication system project plan 13.12 with local and regional plans and modify the plan as necessary 13.13 to facilitate the implementation of the backbone of the 13.14 statewide, shared radio and communication system. 13.15 Subd. 3. [SYSTEM ARCHITECTURE.] The board shall define the 13.16 backbone of the system, the timing and regions of system 13.17 backbone development, the geographic scope of each region, and 13.18 the standards for system backbone performance necessary to 13.19 assure systemwide development that maximizes interoperability 13.20 throughout the system. 13.21 Subd. 4. [IMPLEMENTATION.] The board shall oversee the 13.22 implementation of the plan and ensure that the system is built, 13.23 owned, operated, and maintained in accordance with the plan. 13.24 Subd. 5. [ASSIGNMENT OF FREQUENCIES.] The board shall 13.25 oversee the assignment of frequencies to local users and to 13.26 subsystems. 13.27 Subd. 6. [COST APPORTIONMENT.] The board shall determine 13.28 how capital and operating costs of the system backbone are 13.29 apportioned to users, including the cost of additional 13.30 participants. 13.31 Subd. 7. [EXCESS CAPACITY ALLOCATION.] The board shall 13.32 determine how excess capacity provided in the system backbone 13.33 design will be allocated. 13.34 Subd. 8. [SYSTEM ENHANCEMENTS.] The board shall coordinate 13.35 the extent to which local governments, quasi-public service 13.36 corporations, and private entities eligible to use the system 14.1 may provide system enhancements at their own expense. 14.2 Subd. 9. [TECHNICAL STANDARDS.] The board shall establish 14.3 and enforce performance and technical standards for the 14.4 operation of the system backbone. 14.5 Subd. 10. [PROTOCOLS.] The board shall establish and 14.6 enforce priorities or protocols for the system that facilitate 14.7 statewide uniformity. 14.8 Subd. 11. [INTEGRATION.] The board shall coordinate the 14.9 integration of the statewide, shared radio and communication 14.10 system among regions, adjoining states, federal entities, and to 14.11 the extent permitted by law, with Canadian public safety 14.12 entities. 14.13 Subd. 12. [ALLOCATION OF MONEY.] The board shall allocate 14.14 money available to the Statewide Radio Board among regional 14.15 radio boards or to local entities within a region to encourage 14.16 local and regional participation in the system. This does not 14.17 limit the authority of regional radio boards and local entities 14.18 to individually or collectively seek funding of local and 14.19 regional enhancements and subsystems to the system backbone. 14.20 Sec. 18. [403.38] [STATEWIDE INTEGRATION.] 14.21 Notwithstanding any provision to the contrary in sections 14.22 403.21 to 403.40, the Statewide Radio Board has the final 14.23 authority over technical and operational standards necessary to 14.24 provide for the development and implementation of a statewide 14.25 backbone that maximizes the integration of the public safety 14.26 radio communication system throughout the state, including the 14.27 backbone previously established by the Metropolitan Radio 14.28 Board. Technical and operational standards that do not 14.29 interfere with the integration of the system may be established 14.30 locally or regionally. 14.31 Sec. 19. [403.39] [REGIONAL RADIO BOARDS.] 14.32 Subdivision 1. [ESTABLISHMENT.] Notwithstanding the 14.33 provisions of section 471.59, subdivision 1, requiring 14.34 commonality of powers, two or more counties or a city and one or 14.35 more counties within a region defined in the Statewide Radio 14.36 Board's project plan under section 403.36, through action of 15.1 their governing bodies, by adoption of a joint powers agreement 15.2 that complies with section 471.59, subdivisions 1 to 5, may 15.3 establish a regional radio board to implement, maintain, and 15.4 operate regional and local improvements to the statewide, 15.5 shared, trunked radio and communication system provided for in 15.6 section 403.36. Membership in a regional radio board shall 15.7 include one county commissioner appointed by each respective 15.8 county board party to the joint powers agreement and an elected 15.9 official from any city party to the joint powers agreement, and 15.10 may include additional members whose qualifications are 15.11 specified in the joint powers agreement. 15.12 Subd. 2. [POWERS.] In addition to the powers enumerated in 15.13 section 471.59, a regional radio board, as necessary and 15.14 convenient to implement regional and local improvements to the 15.15 statewide, shared, trunked radio and communication system 15.16 provided for in section 403.36, has the following powers: 15.17 (1) to establish bylaws and other organizational procedures 15.18 consistent with the terms of the joint powers agreement; 15.19 (2) to apply for and hold licenses for public safety 15.20 frequencies to be used in regional and local improvements, 15.21 including a regional data system; 15.22 (3) to set or adopt regional performance and technical 15.23 standards, subject to review by the Statewide Radio Board, that 15.24 do not interfere with the backbone or interoperability 15.25 infrastructure administered by the Statewide Radio Board; 15.26 (4) to enter into contracts necessary to carry out its 15.27 responsibilities; 15.28 (5) to acquire by purchase, lease, gift, or grant, 15.29 property, both real and personal, and interests in property 15.30 necessary for the accomplishment of its purposes and to sell or 15.31 otherwise dispose of property it no longer requires; and 15.32 (6) to contract with the state of Minnesota, through the 15.33 commissioner of transportation, for construction, ownership, 15.34 operation, and maintenance of regional or local improvements to 15.35 the statewide, shared, trunked radio and communication system. 15.36 Subd. 3. [RELATIONSHIP TO LOCAL GOVERNMENTS.] Where a 16.1 regional radio board has been established in accordance with 16.2 this section, local governments and other public entities 16.3 eligible under part 90 of the FCC rules to operate upon a 16.4 statewide, shared public safety radio and communication system 16.5 within the region covered by the regional radio board must 16.6 coordinate its implementation through one of the parties to the 16.7 joint powers agreement. For purposes of grants made available 16.8 by the Department of Public Safety, a regional radio board is 16.9 entitled to apply for and receive a grant on behalf of one or 16.10 more counties who are a party to the joint powers agreement. 16.11 Sec. 20. [403.40] [ADVISORY COMMITTEES.] 16.12 Subdivision 1. [REGIONAL ADVISORY COMMITTEES.] The 16.13 Statewide Radio Board shall facilitate the formation of a 16.14 regional advisory committee in each region of development. A 16.15 regional advisory committee may create a regional radio board 16.16 under section 403.39 and conduct its affairs in accordance with 16.17 the joint powers agreement. During the initial phase of 16.18 development within a region, the Statewide Radio Board shall act 16.19 cooperatively with the regional advisory committee or the 16.20 regional radio board to complete development of the basic 16.21 communication infrastructure and interoperability infrastructure. 16.22 Upon the completion of the initial phase of development within a 16.23 region, the Statewide Radio Board shall cooperate with and 16.24 assist the regional advisory committee or the regional radio 16.25 board in implementing its regional plan and with subsequent 16.26 development within the region. 16.27 Subd. 2. [TOPICAL ADVISORY COMMITTEES.] The Statewide 16.28 Radio Board may establish the following additional advisory 16.29 committees with representatives from each region of 16.30 implementation to advise on the following topical areas: 16.31 (1) a committee of users representing all regions where the 16.32 system backbone has been implemented to make recommendations on 16.33 how capital and operating costs of the system should be 16.34 apportioned among users, including the cost of additional 16.35 participants; 16.36 (2) a systems manager committee to make recommendations on 17.1 performance and operational standards for the system to the 17.2 extent that performance and operational standards impact the 17.3 operation of the system backbone and interoperability 17.4 infrastructure; and 17.5 (3) an operations and technical committee to make 17.6 recommendations on the plan and operational issues related to 17.7 the technical aspects of the system backbone and 17.8 interoperability infrastructure. 17.9 Sec. 21. [REPORT.] 17.10 By February 1, 2005, the Metropolitan Radio Board shall 17.11 make a detailed report to the governor and to the legislature on 17.12 the following items: 17.13 (1) allocation of operating costs, as provided for in 17.14 Minnesota Statutes, section 403.31, subdivision 1; 17.15 (2) cost apportionment, as provided for in Minnesota 17.16 Statutes, section 403.23, subdivision 8, including the costs of 17.17 additional participants; and 17.18 (3) user fees, as provided for in Minnesota Statutes, 17.19 section 403.23, subdivision 19. 17.20 The report shall provide a detailed accounting of system 17.21 infrastructure costs, operating costs, and maintenance costs to 17.22 be apportioned among the backbone, regional improvements to the 17.23 backbone, and subsystems, with a discussion of alternative 17.24 methods of apportioning those costs among users and new 17.25 participants. The report shall outline the current status of 17.26 the allocation of operating costs, cost apportionment, and user 17.27 fees and how the board anticipates to deal with those items 17.28 before July 1, 2006, and how those items will be addressed once 17.29 local enhancements are substantially completed. 17.30 Sec. 22. [TRANSFER OF RESPONSIBILITIES.] 17.31 On July 1, 2006, the responsibilities of the Metropolitan 17.32 Radio Board under Minnesota Statutes, sections 403.21 to 403.34, 17.33 that have not been assumed by the Metropolitan Radio Board as a 17.34 regional radio board established under Minnesota Statutes, 17.35 section 403.39, are transferred to the Statewide Radio Board 17.36 under Minnesota Statutes, section 15.039. 18.1 Sec. 23. [REPEALER.] 18.2 Laws 1995, chapter 195, article 1, section 18, as amended 18.3 by Laws 1999, chapter 238, article 2, section 78, and Laws 2001, 18.4 chapter 176, section 1, is repealed. 18.5 Sec. 24. [EFFECTIVE DATE.] 18.6 This act is effective the day following final enactment.