OFFICE OF THE GOVERNOR Governor's Office of Information Technology RULES IN SUPPORT OF THE GOVERNOR’S OFFICE OF INFORMATION TECHNOLOGY PUBLIC SAFETY TRUST FUND 8 CCR 1501-8 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ R 24-37.5-506.1 Authority This rule is adopted pursuant to § 24-37.5-502(1)(j) CRS and the State Administrative Procedure Act § 24-4-101 et seq. CRS.

R 24-37.5-506.2 Scope and Purpose A. This rule governs the public safety communications trust fund, the administration of discretionary distributions and repayment of such monies by state and local governments. B. The Statement of Basis and Purpose is incorporated herein by reference. R 24-37.5-506.3 Applicability This rule applies to all state agencies as defined by § 24-37.5-102(4) CRS. R 24-37.5-506.4 Definitions A. Chief Information Officer – see § 24-37.5-102(1) CRS B. Eligible Entities - local and state governmental entities that support public safety, which may be called upon to deal with natural disasters, health emergencies, acts of terrorism, and other threats to public health and safety.

C. Fund - the public safety communications trust fund created by the state treasury pursuant to section 24-37.5-506 CRS.

D. Office – the Governor’s Office of Information Technology (OIT). E. Public Safety Communications Systems - interoperable public safety radio communications systems conforming with the statewide digital trunked radio system plan and designed to provide instant and disruption-resistant communication capability for law enforcement agencies and other eligible entities that may be called upon to deal with natural disasters, health emergencies, acts of terrorism, and other threats to public health and safety. F. Public Safety National Plan - the public safety national plan established by the Federal Communications Commission (“FCC”) in FCC Report and Order in General Docket No. 87-112, and subsequent FCC proceedings and rules.

Code of Colorado Regulations 1 R 24-37.5-506.5 Rule Eligibility: The principal and interest held in the public safety communications trust fund are available to eligible entities, upon application to the Office, and with the approval of the CIO or delegate, to cover the acquisition, maintenance, or lease of any public safety radio communications systems equipment or other communication devices or equipment by eligible entities conforming with the statewide digital trunked radio system plan. Allowable maintenance expenses include, without limitation, the cost of leased or rented equipment and other costs related to acquiring and/or operating a public safety media system. A. The CIO or delegate, acting within their discretion, shall consider, without limitation, the following factors in authorizing distributions of fund moneys for reimbursement, or for the purchase, leasing, contracting for, or other acquisition of public safety communications equipment for or by eligible entities.

(1) The need for achieving functional interoperability among local, state, and federal public safety radio communications systems by acquiring equipment that meets emerging technical standards for systems interoperability and open network architecture; (2) The needs of eligible entities that have recently invested in new radio systems, particularly in regard to interoperability;

(3) The promotion of an orderly transition from analog-based to digital-based radio systems. B. The amount of any distribution for reimbursement or for the purchase of equipment or devices constituting infrastructure which would allow interoperability between the a local government communications system and the statewide public safety radio communications systems will be paid in accordance with the terms of the state digital trunked radio system plan. The extent to which such expenses will be covered by fund moneys will depend on compliance with the plan, funds available and prior coordination and approval by the Office. C. All expenditures made for the acquisition, maintenance, or lease of communication systems equipment or devices from distributions of fund moneys shall be made pursuant to the requirements set forth under the Colorado Procurement Code, sections 24-101-101, et seq., CRS. If the Code does not address a specific situation, then expenditure of funds will require approval from the CIO or delegate.

D. Expenditures are reimbursable or otherwise eligible for distribution from the fund to the extent moneys remain available in the fund.

Application Procedures: Eligible entities must submit an application letter of estimated costs, supporting eligibility documentation and implementation schedule, to the Governor’s Office of Information Technology for approval in order to be eligible for reimbursement. A. Upon receipt of an application letter, the Office staff shall review the request and issue a written recommendation to the CIO or delegate, who will render a decision. Notification to applicant shall be within 90 days concerning the amount of any distributions to be paid and identifying any non- qualifying costs.

B. Upon acceptance and notification of moneys from the fund, the applicant shall enter into a written agreement with the Office, with the approval of the CIO or delegate, concerning any terms and/or conditions for distributions made, including without limitation, terms for repayment of amounts paid, any buy-in commitments for participation in the statewide digital trunked radio system, or any obligation to pay an annual user or other type of fee for participation in the state system. In the event equipment or devices are directly purchased by the Office with fund moneys and then leased to the applicant, a written lease agreement shall be executed by the parties. Code of Colorado Regulations 2 C. Eligible entities may then, on forms provided by the Office, apply for distribution of fund moneys for reimbursement of costs or to purchase qualifying public safety communications systems equipment or devices. Applications for reimbursement must be filed within 90 days of the incurred expenditures.

_________________________________________________________________________ Editor’s Notes History Entire rule eff. 04/14/2014.

Code of Colorado Regulations 3