Alabama 2022 Regular Session

Alabama House Bill HB189 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 HB189
2	2	2 216563-1
3	3	3 By Representative Shedd
4	4	4 RFD: Urban and Rural Development
5	5	5 First Read: 01-FEB-22
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7	7	Page 0 1 216563-1:n:01/25/2022:KBB /bm LSA2022-203
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14	14	8 SYNOPSIS: Under the Connect Alabama Act of 2021, the
15	15	9 minimum service threshold for Internet is defined
16	16	10 as the minimum speed necessary to meet certain
17	17	11 federal requirements.
18	18	12 This bill would increase the minimum service
19	19	13 threshold for Internet under the act to at least
20	20	14 100 megabits per second downstream and 20 megabits
21	21	15 per second upstream.
22	22	16 This bill would authorize the Alabama
23	23	17 Digital Expansion Division chief to enter into
24	24	18 nondisclosure agreements to protect
25	25	19 provider-specific information unless release of the
26	26	20 information is expressly authorized by the service
27	27	21 provider.
28	28	22 Under existing law, the Alabama Digital
29	29	23 Expansion Division is required to use 70 percent of
30	30	24 funds received by the Connect Alabama Fund to
31	31	25 extend last-mile infrastructure in unserved areas.
32	32	26 This bill would allow for all funds received
33	33	27 by the Connect Alabama Fund to be used to extend
34	34	Page 1 1 last-mile infrastructure in unserved areas and for
35	35	2 middle mile and line extension programs.
36	36	3 This bill would also allow for the program
37	37	4 funds to be modified annually by a recommendation
38	38	5 from the Alabama Digital Expansion Division and
39	39	6 approval by the Alabama Digital Expansion
40	40	7 Authority.
41	41	8
42	42	9 A BILL
43	43	10 TO BE ENTITLED
44	44	11 AN ACT
45	45	12
46	46	13 Relating to the Connect Alabama Act of 2021; to
47	47	14 amend Sections 41-23-271, 41-23-273, and 41-23-274, Code of
48	48	15 Alabama 1975; and to specify the minimum service threshold; to
49	49	16 authorize the Alabama Digital Expansion Division chief to
50	50	17 enter nondisclosure agreements; and to revise the expenditure
51	51	18 of the Connect Alabama Fund and allow for annual revision of
52	52	19 the program funds.
53	53	20 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
54	54	21 Section 1. Sections 41-23-271, 41-23-273, and
55	55	22 41-23-274, Code of Alabama 1975, are amended to read as
56	56	23 follows:
57	57	24 "§41-23-271.
58	58	25 "For the purposes of this article, the following
59	59	26 terms shall have the following meanings:
60	60	Page 2 1 "(1) ADECA. The Alabama Department of Economic and
61	61	2 Community Affairs.
62	62	3 "(2) AUTHORITY. The Alabama Digital Expansion
63	63	4 Authority.
64	64	5 "(3) CONNECT ALABAMA FUND. A fund created within the
65	65	6 State Treasury to be administered by the Alabama Digital
66	66	7 Expansion Finance Corporation, with funds distributed by the
67	67	8 corporation to ADECA for use by the division for the
68	68	9 implementation and administration of the statewide
69	69	10 connectivity plan.
70	70	11 "(4) CORPORATION. The Alabama Digital Expansion
71	71	12 Finance Corporation.
72	72	13 "(5) DIVISION. The Alabama Digital Expansion
73	73	14 Division of ADECA.
74	74	15 "(6) END USER. A residential, business,
75	75	16 institutional, or government entity that uses broadband
76	76	17 services for its own purposes and does not resell the
77	77	18 broadband services to other entities.
78	78	19 "(7) MIDDLE MILE PROJECT. A broadband infrastructure
79	79	20 project that does not provide broadband service to end users
80	80	21 or to end-user devices.
81	81	22 "(8) MINIMUM SERVICE THRESHOLD. A connection to the
82	82	23 Internet that provides capacity for transmission at a minimum
83	83	24 speed per customer necessary to meet the definition of
84	84	25 advanced telecommunications capability for fixed broadband
85	85	26 services as set by the Federal Communications Commission of at
86	86	Page 3 1 least 100 megabits (100 Mbps) per second downstream and at
87	87	2 least 20 megabits (20 Mbps) per second upstream.
88	88	3 "(9) PROVIDER-SPECIFIC INFORMATION. Any information
89	89	4 given to ADECA or its agents by a broadband service provider
90	90	5 that identifies the provider's location-specific service
91	91	6 availability details, construction plans, or business
92	92	7 operations details that are not otherwise readily
93	93	8 ascertainable by proper means through third parties without
94	94	9 substantial effort.
95	95	10 "(9) (10) RURAL AREA. Any area within this state not
96	96	11 included within the boundaries of any incorporated city or
97	97	12 town having a population of more than 25,000 inhabitants,
98	98	13 according to the last federal census.
99	99	14 "(10) (11) UNSERVED AREA. Any area that is
100	100	15 determined by the division to not have at least one provider
101	101	16 of terrestrial broadband service that offers a connection to
102	102	17 the Internet that meets or exceeds the minimum service
103	103	18 threshold.
104	104	19 "§41-23-273.
105	105	20 "(a) The Alabama Digital Expansion Division is
106	106	21 created as a division of ADECA. The division shall be run by a
107	107	22 division chief, who shall be appointed by the Director of
108	108	23 ADECA, with the approval of the Governor, from a list of three
109	109	24 nominees submitted by the authority. The division chief shall
110	110	25 report to, and be under the direct supervision of, the
111	111	26 Director of ADECA. The division chief shall carry out the
112	112	27 functions and duties of the division. The division chief shall
113	113	Page 4 1 be knowledgeable in matters relating to broadband and shall
114	114	2 have no financial interest in any broadband or related
115	115	3 business or enterprise which would conflict or be inconsistent
116	116	4 with his or her duties as division chief. The division chief
117	117	5 shall be employed in the exempt service.
118	118	6 "(b) The division chief shall have the power and
119	119	7 authority necessary to carry out the functions and duties of
120	120	8 the division. All functions and duties of the division shall
121	121	9 be exercised by the division chief or through such employees
122	122	10 or other individuals the division chief may designate. In the
123	123	11 performance and exercise of such powers, authorities,
124	124	12 functions, and duties, the division chief and other employees
125	125	13 of the division shall be subject to all legal requirements,
126	126	14 restrictions, limitations, conditions, and penalties, whether
127	127	15 civil or criminal. These powers, authorities, functions, and
128	128	16 duties include, but are not limited to, the following:
129	129	17 "(1) Exercise duties as the chief executive of the
130	130	18 division and exercise, consistent with this article and other
131	131	19 applicable laws, all the powers, authority, and duties vested
132	132	20 by this article and any other applicable ADECA policies and
133	133	21 regulations or laws providing for the operation of the
134	134	22 division.
135	135	23 "(2) Employ, with the approval of the Director of
136	136	24 ADECA, all individuals necessary for the efficient operation
137	137	25 of the division, including professional, technical, clerical,
138	138	26 and other staff, including attorneys, special counsel, and
139	139	Page 5 1 consultants as are necessary to accomplish the objectives of
140	140	2 this article.
141	141	3 "(3) Enter into nondisclosure agreements to protect
142	142	4 proprietary information. All provider-specific information
143	143	5 provided under a nondisclosure agreement shall be presumed
144	144	6 confidential and proprietary and shall not be considered a
145	145	7 public record. Provider-specific information shall not be
146	146	8 released to any person other than to the submitting broadband
147	147	9 services provider and to appropriate ADECA staff, agents, or
148	148	10 contractors without the express written consent of the
149	149	11 submitting broadband services provider. Provider-specific
150	150	12 information shall only be used for broadband mapping, policy
151	151	13 development, grant eligibility purposes, and furthering the
152	152	14 broadband goals of the state.
153	153	15 "(c) Upon approval by the Director of ADECA, the
154	154	16 division chief may establish technical and other advisory
155	155	17 committees to advise the division with respect to specific
156	156	18 objectives.
157	157	19 "§41-23-274.
158	158	20 "The division, in collaboration with the authority,
159	159	21 shall have all of the following powers and duties:
160	160	22 "(1) To promote the expansion and availability of
161	161	23 high-speed broadband networks, services, and technologies
162	162	24 throughout the state, including, but not limited to, rural
163	163	25 areas, underserved areas, and unserved areas of the state.
164	164	26 "(2) To develop and begin executing a statewide
165	165	27 connectivity plan, as approved by the authority, to facilitate
166	166	Page 6 1 the expansion and availability of high-speed broadband
167	167	2 networks, services, and technologies throughout the state,
168	168	3 including a timeline for implementation of the plan. The
169	169	4 Director of ADECA shall submit the proposed plan to the
170	170	5 authority for approval on or before July 1, 2022. The plan
171	171	6 must consider the need for broadband expansion in rural areas,
172	172	7 underserved areas, and unserved areas, as well as any other
173	173	8 obstacles to broadband adoption. It shall include
174	174	9 recommendations for funding, and plans for implementation of
175	175	10 the following objectives, including, but not limited to:
176	176	11 "a. Evaluation of the state's existing long-haul and
177	177	12 middle mile network.
178	178	13 "b. Projects for the development and expansion of a
179	179	14 secure, reliable, robust, multi-purpose, and high-quality
180	180	15 long-haul and middle mile fiber network throughout the state.
181	181	16 Projects shall be implemented in the most cost effective and
182	182	17 efficient manner for the state and should utilize existing,
183	183	18 available infrastructure where it is consistent with the plan
184	184	19 and meets the speeds, service quality, and other priorities
185	185	20 established by this article, the plan, or the authority.
186	186	21 "c. Projects for providing last-mile infrastructure
187	187	22 and lit services for specific applications and use cases that
188	188	23 are determined by the division to be a priority supported by
189	189	24 the network or portions of the network funded under the
190	190	25 statewide connectivity plan.
191	191	26 "d. Consideration of suggestions and recommendations
192	192	27 of the Alabama Supercomputer Authority.
193	193	Page 7 1 "(3) To implement the authority-approved statewide
194	194	2 connectivity plan and to enter into contracts and leases for
195	195	3 purposes consistent with the priorities of the plan. In
196	196	4 developing the statewide connectivity plan, the division may
197	197	5 seek input from incumbent Internet service providers, other
198	198	6 service providers, and other owners and operators of
199	199	7 infrastructure involved in providing high-speed broadband
200	200	8 service.
201	201	9 "(4) To establish and administer a broadband
202	202	10 accessibility the Connect Alabama grant program programs, in
203	203	11 collaboration with the authority, for the purpose of promoting
204	204	12 the deployment and adoption of high-speed broadband Internet
205	205	13 networks, services, and technologies throughout the state,
206	206	14 including, but not limited to, rural areas, underserved areas,
207	207	15 and unserved areas of the state consistent with the
208	208	16 requirements of this article. For three years following May
209	209	17 17, 2021, 70 percent of the state funds received by the
210	210	18 Connect Alabama Fund shall be expended by the division for the
211	211	19 extension of last-mile infrastructure in unserved areas at
212	212	20 minimum speeds as determined by the statewide connectivity
213	213	21 plan, as well as the establishment and administration of a
214	214	22 middle mile program and line extension program. ADECA may
215	215	23 establish additional Connect Alabama grant programs in
216	216	24 accordance with the goals of the statewide connectivity plan.
217	217	25 The funding amounts for programs established under this
218	218	26 article shall be evaluated for increase or decrease annually
219	219	27 with recommendations from the division and approval by the
220	220	Page 8 1 authority. After this time, all All funds received for the
221	221	2 statewide connectivity plan Connect Alabama grant program
222	222	3 shall be expended according to the goals of the program and
223	223	4 the statewide connectivity plan, as identified by the
224	224	5 division, and subject to any applicable legal requirements.
225	225	6 Federal and other funds received by ADECA or the Connect
226	226	7 Alabama Fund shall be expended by the division in accordance
227	227	8 with the statewide connectivity plan and any legal
228	228	9 requirements applicable to those funds.
229	229	10 "(5) To adopt rules and policies, as approved by
230	230	11 ADECA, within 90 days of establishing and receiving the
231	231	12 initial funding for the statewide connectivity plan, to
232	232	13 administer the program and to begin to accept applications for
233	233	14 grants, including any rules necessary to meet the future needs
234	234	15 of the grant program.
235	235	16 "(6) To develop strategies and support efforts to
236	236	17 attract and leverage grant funds, federal resources, and
237	237	18 private investment in furtherance of this article.
238	238	19 "(7) To accept and receive funds, gifts, grants,
239	239	20 property, labor, or other monetary or in-kind contributions of
240	240	21 any type or from any source, including, but not limited to,
241	241	22 federal and state grants, appropriations, loans, and loan
242	242	23 guarantees.
243	243	24 "(8) To administer the distribution of funds,
244	244	25 grants, loans, loan guarantees, or other funds and resources
245	245	26 received by the division and to ensure that grant funds
246	246	Page 9 1 awarded under this article are used for the purposes specified
247	247	2 in this article.
248	248	3 "(9) To promote and encourage private investments
249	249	4 and applications for available grants.
250	250	5 "(10) To perform any other actions necessary or
251	251	6 convenient for the implementation and administration of this
252	252	7 article and in compliance with state and federal law."
253	253	8 Section 2. This act shall become effective
254	254	9 immediately following its passage and approval by the
255	255	10 Governor, or its otherwise becoming law.
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