* § 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 the
applicant 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