AL
Alabama Senate Bill SB123

Alabama 2022 Regular Session

Alabama Senate Bill SB123 Compare Versions

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11 1 SB123
2-2 216563-3
2+2 216563-2
33 3 By Senator Scofield
44 4 RFD: Fiscal Responsibility and Economic Development
55 5 First Read: 01-FEB-22
66
7-Page 0 SB123
8-1 SB123
7+Page 0 1 SB123
98 2
109 3
11-4 ENROLLED, An Act,
12-5 Relating to the Connect Alabama Act of 2021; to
13-6 amend Sections 41-23-271, 41-23-273, and 41-23-274, Code of
14-7 Alabama 1975; and to specify the minimum service threshold; to
15-8 authorize the Alabama Digital Expansion Division chief to
16-9 enter nondisclosure agreements; and to revise the expenditure
17-10 of the Connect Alabama Fund and allow for annual revision of
18-11 the program funds.
19-12 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
20-13 Section 1. Sections 41-23-271, 41-23-273, and
21-14 41-23-274, Code of Alabama 1975, are amended to read as
22-15 follows:
23-16 "§41-23-271.
24-17 "For the purposes of this article, the following
25-18 terms shall have the following meanings:
26-19 "(1) ADECA. The Alabama Department of Economic and
27-20 Community Affairs.
28-21 "(2) AUTHORITY. The Alabama Digital Expansion
29-22 Authority.
30-23 "(3) CONNECT ALABAMA FUND. A fund created within the
31-24 State Treasury to be administered by the Alabama Digital
32-25 Expansion Finance Corporation, with funds distributed by the
33-Page 1 SB123
34-1 corporation to ADECA for use by the division for the
35-2 implementation and administration of the statewide
36-3 connectivity plan.
37-4 "(4) CORPORATION. The Alabama Digital Expansion
38-5 Finance Corporation.
39-6 "(5) DIVISION. The Alabama Digital Expansion
40-7 Division of ADECA.
41-8 "(6) END USER. A residential, business,
42-9 institutional, or government entity that uses broadband
43-10 services for its own purposes and does not resell the
44-11 broadband services to other entities.
45-12 "(7) MIDDLE MILE PROJECT. A broadband infrastructure
46-13 project that does not provide broadband service to end users
47-14 or to end-user devices.
48-15 "(8) MINIMUM SERVICE THRESHOLD. A connection to the
49-16 Internet that provides capacity for transmission at a minimum
50-17 speed per customer necessary to meet the definition of
51-18 advanced telecommunications capability for fixed broadband
52-19 services as set by the Federal Communications Commission of at
53-20 least 100 megabits (100 Mbps) per second downstream and at
54-21 least 20 megabits (20 Mbps) per second upstream.
55-22 "(9) PROVIDER-SPECIFIC INFORMATION. Any information
56-23 given to ADECA or its agents by a broadband service provider
57-24 that identifies the provider's location-specific service
58-25 availability details, construction plans, or business
59-Page 2 SB123
60-1 operations details that are not otherwise readily
61-2 ascertainable by proper means through third parties without
62-3 substantial effort.
63-4 "(9) (10) RURAL AREA. Any area within this state not
64-5 included within the boundaries of any incorporated city or
65-6 town having a population of more than 25,000 inhabitants,
66-7 according to the last federal census.
67-8 "(10) (11) UNSERVED AREA. Any area that is
68-9 determined by the division to not have at least one provider
69-10 of terrestrial broadband service that offers a connection to
70-11 the Internet that meets or exceeds the minimum service
71-12 threshold.
72-13 "§41-23-273.
73-14 "(a) The Alabama Digital Expansion Division is
74-15 created as a division of ADECA. The division shall be run by a
75-16 division chief, who shall be appointed by the Director of
76-17 ADECA, with the approval of the Governor, from a list of three
77-18 nominees submitted by the authority. The division chief shall
78-19 report to, and be under the direct supervision of, the
79-20 Director of ADECA. The division chief shall carry out the
80-21 functions and duties of the division. The division chief shall
81-22 be knowledgeable in matters relating to broadband and shall
82-23 have no financial interest in any broadband or related
83-24 business or enterprise which would conflict or be inconsistent
84-Page 3 SB123
85-1 with his or her duties as division chief. The division chief
86-2 shall be employed in the exempt service.
87-3 "(b) The division chief shall have the power and
88-4 authority necessary to carry out the functions and duties of
89-5 the division. All functions and duties of the division shall
90-6 be exercised by the division chief or through such employees
91-7 or other individuals the division chief may designate. In the
92-8 performance and exercise of such powers, authorities,
93-9 functions, and duties, the division chief and other employees
94-10 of the division shall be subject to all legal requirements,
95-11 restrictions, limitations, conditions, and penalties, whether
96-12 civil or criminal. These powers, authorities, functions, and
97-13 duties include, but are not limited to, the following:
98-14 "(1) Exercise duties as the chief executive of the
99-15 division and exercise, consistent with this article and other
100-16 applicable laws, all the powers, authority, and duties vested
101-17 by this article and any other applicable ADECA policies and
102-18 regulations or laws providing for the operation of the
103-19 division.
104-20 "(2) Employ, with the approval of the Director of
105-21 ADECA, all individuals necessary for the efficient operation
106-22 of the division, including professional, technical, clerical,
107-23 and other staff, including attorneys, special counsel, and
108-24 consultants as are necessary to accomplish the objectives of
109-25 this article.
110-Page 4 SB123
111-1 "(3) Enter into nondisclosure agreements to protect
10+4 ENGROSSED
11+5
12+6
13+7 A BILL
14+8 TO BE ENTITLED
15+9 AN ACT
16+10
17+11 Relating to the Connect Alabama Act of 2021; to
18+12 amend Sections 41-23-271, 41-23-273, and 41-23-274, Code of
19+13 Alabama 1975; and to specify the minimum service threshold; to
20+14 authorize the Alabama Digital Expansion Division chief to
21+15 enter nondisclosure agreements; and to revise the expenditure
22+16 of the Connect Alabama Fund and allow for annual revision of
23+17 the program funds.
24+18 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
25+19 Section 1. Sections 41-23-271, 41-23-273, and
26+20 41-23-274, Code of Alabama 1975, are amended to read as
27+21 follows:
28+22 "§41-23-271.
29+23 "For the purposes of this article, the following
30+24 terms shall have the following meanings:
31+25 "(1) ADECA. The Alabama Department of Economic and
32+26 Community Affairs.
33+Page 1 1 "(2) AUTHORITY. The Alabama Digital Expansion
34+2 Authority.
35+3 "(3) CONNECT ALABAMA FUND. A fund created within the
36+4 State Treasury to be administered by the Alabama Digital
37+5 Expansion Finance Corporation, with funds distributed by the
38+6 corporation to ADECA for use by the division for the
39+7 implementation and administration of the statewide
40+8 connectivity plan.
41+9 "(4) CORPORATION. The Alabama Digital Expansion
42+10 Finance Corporation.
43+11 "(5) DIVISION. The Alabama Digital Expansion
44+12 Division of ADECA.
45+13 "(6) END USER. A residential, business,
46+14 institutional, or government entity that uses broadband
47+15 services for its own purposes and does not resell the
48+16 broadband services to other entities.
49+17 "(7) MIDDLE MILE PROJECT. A broadband infrastructure
50+18 project that does not provide broadband service to end users
51+19 or to end-user devices.
52+20 "(8) MINIMUM SERVICE THRESHOLD. A connection to the
53+21 Internet that provides capacity for transmission at a minimum
54+22 speed per customer necessary to meet the definition of
55+23 advanced telecommunications capability for fixed broadband
56+24 services as set by the Federal Communications Commission of at
57+25 least 100 megabits (100 Mbps) per second downstream and at
58+26 least 20 megabits (20 Mbps) per second upstream.
59+Page 2 1 "(9) PROVIDER-SPECIFIC INFORMATION. Any information
60+2 given to ADECA or its agents by a broadband service provider
61+3 that identifies the provider's location-specific service
62+4 availability details, construction plans, or business
63+5 operations details that are not otherwise readily
64+6 ascertainable by proper means through third parties without
65+7 substantial effort.
66+8 "(9) (10) RURAL AREA. Any area within this state not
67+9 included within the boundaries of any incorporated city or
68+10 town having a population of more than 25,000 inhabitants,
69+11 according to the last federal census.
70+12 "(10) (11) UNSERVED AREA. Any area that is
71+13 determined by the division to not have at least one provider
72+14 of terrestrial broadband service that offers a connection to
73+15 the Internet that meets or exceeds the minimum service
74+16 threshold.
75+17 "§41-23-273.
76+18 "(a) The Alabama Digital Expansion Division is
77+19 created as a division of ADECA. The division shall be run by a
78+20 division chief, who shall be appointed by the Director of
79+21 ADECA, with the approval of the Governor, from a list of three
80+22 nominees submitted by the authority. The division chief shall
81+23 report to, and be under the direct supervision of, the
82+24 Director of ADECA. The division chief shall carry out the
83+25 functions and duties of the division. The division chief shall
84+26 be knowledgeable in matters relating to broadband and shall
85+27 have no financial interest in any broadband or related
86+Page 3 1 business or enterprise which would conflict or be inconsistent
87+2 with his or her duties as division chief. The division chief
88+3 shall be employed in the exempt service.
89+4 "(b) The division chief shall have the power and
90+5 authority necessary to carry out the functions and duties of
91+6 the division. All functions and duties of the division shall
92+7 be exercised by the division chief or through such employees
93+8 or other individuals the division chief may designate. In the
94+9 performance and exercise of such powers, authorities,
95+10 functions, and duties, the division chief and other employees
96+11 of the division shall be subject to all legal requirements,
97+12 restrictions, limitations, conditions, and penalties, whether
98+13 civil or criminal. These powers, authorities, functions, and
99+14 duties include, but are not limited to, the following:
100+15 "(1) Exercise duties as the chief executive of the
101+16 division and exercise, consistent with this article and other
102+17 applicable laws, all the powers, authority, and duties vested
103+18 by this article and any other applicable ADECA policies and
104+19 regulations or laws providing for the operation of the
105+20 division.
106+21 "(2) Employ, with the approval of the Director of
107+22 ADECA, all individuals necessary for the efficient operation
108+23 of the division, including professional, technical, clerical,
109+24 and other staff, including attorneys, special counsel, and
110+25 consultants as are necessary to accomplish the objectives of
111+26 this article.
112+Page 4 1 "(3) Enter into nondisclosure agreements to protect
112113 2 proprietary information. All provider-specific information
113114 3 provided under a nondisclosure agreement shall be presumed
114115 4 confidential and proprietary and shall not be considered a
115116 5 public record. Provider-specific information shall not be
116117 6 released to any person other than to the submitting broadband
117118 7 services provider and to appropriate ADECA staff, agents, or
118119 8 contractors without the express written consent of the
119120 9 submitting broadband services provider. Provider-specific
120121 10 information shall only be used for broadband mapping, policy
121122 11 development, grant eligibility purposes, and furthering the
122123 12 broadband goals of the state.
123124 13 "(c) Upon approval by the Director of ADECA, the
124125 14 division chief may establish technical and other advisory
125126 15 committees to advise the division with respect to specific
126127 16 objectives.
127128 17 "§41-23-274.
128129 18 "The division, in collaboration with the authority,
129130 19 shall have all of the following powers and duties:
130131 20 "(1) To promote the expansion and availability of
131132 21 high-speed broadband networks, services, and technologies
132133 22 throughout the state, including, but not limited to, rural
133134 23 areas, underserved areas, and unserved areas of the state.
134135 24 "(2) To develop and begin executing a statewide
135136 25 connectivity plan, as approved by the authority, to facilitate
136-Page 5 SB123
137-1 the expansion and availability of high-speed broadband
138-2 networks, services, and technologies throughout the state,
139-3 including a timeline for implementation of the plan. The
140-4 Director of ADECA shall submit the proposed plan to the
141-5 authority for approval on or before July 1, 2022. The plan
142-6 must consider the need for broadband expansion in rural areas,
143-7 underserved areas, and unserved areas, as well as any other
144-8 obstacles to broadband adoption. It shall include
145-9 recommendations for funding, and plans for implementation of
146-10 the following objectives, including, but not limited to:
147-11 "a. Evaluation of the state's existing long-haul and
148-12 middle mile network.
149-13 "b. Projects for the development and expansion of a
150-14 secure, reliable, robust, multi-purpose, and high-quality
151-15 long-haul and middle mile fiber network throughout the state.
152-16 Projects shall be implemented in the most cost effective and
153-17 efficient manner for the state and should utilize existing,
154-18 available infrastructure where it is consistent with the plan
155-19 and meets the speeds, service quality, and other priorities
156-20 established by this article, the plan, or the authority.
157-21 "c. Projects for providing last-mile infrastructure
158-22 and lit services for specific applications and use cases that
159-23 are determined by the division to be a priority supported by
160-24 the network or portions of the network funded under the
161-25 statewide connectivity plan.
162-Page 6 SB123
163-1 "d. Consideration of suggestions and recommendations
164-2 of the Alabama Supercomputer Authority.
165-3 "(3) To implement the authority-approved statewide
166-4 connectivity plan and to enter into contracts and leases for
167-5 purposes consistent with the priorities of the plan. In
168-6 developing the statewide connectivity plan, the division may
169-7 seek input from incumbent Internet service providers, other
170-8 service providers, and other owners and operators of
171-9 infrastructure involved in providing high-speed broadband
172-10 service.
173-11 "(4) To establish and administer a broadband
174-12 accessibility the Connect Alabama grant program programs, in
175-13 collaboration with the authority, for the purpose of promoting
176-14 the deployment and adoption of high-speed broadband Internet
177-15 networks, services, and technologies throughout the state,
178-16 including, but not limited to, rural areas, underserved areas,
179-17 and unserved areas of the state consistent with the
180-18 requirements of this article. For three years following May
181-19 17, 2021, 70 percent of the state Funds received by the
182-20 Connect Alabama Fund shall be expended by the division for the
183-21 extension of last-mile infrastructure in unserved areas at
184-22 minimum speeds as determined by the statewide connectivity
185-23 plan, as well as the establishment and administration of a
186-24 middle mile program and line extension program. ADECA may
187-25 establish additional Connect Alabama grant programs in
188-Page 7 SB123
189-1 accordance with the goals of the statewide connectivity plan.
190-2 The funding amounts for programs established under this
191-3 article shall be evaluated for increase or decrease annually
192-4 with recommendations from the division and approval by the
193-5 authority. After this time, all All funds received for the
194-6 statewide connectivity plan Connect Alabama grant program
195-7 shall be expended according to the goals of the program and
196-8 the statewide connectivity plan, as identified by the
197-9 division, and subject to any applicable legal requirements.
198-10 Federal and other funds received by ADECA or the Connect
199-11 Alabama Fund shall be expended by the division in accordance
200-12 with the statewide connectivity plan and any legal
201-13 requirements applicable to those funds.
202-14 "(5) To adopt rules and policies, as approved by
203-15 ADECA, within 90 days of establishing and receiving the
204-16 initial funding for the statewide connectivity plan, to
205-17 administer the program and to begin to accept applications for
206-18 grants, including any rules necessary to meet the future needs
207-19 of the grant program.
208-20 "(6) To develop strategies and support efforts to
209-21 attract and leverage grant funds, federal resources, and
210-22 private investment in furtherance of this article.
211-23 "(7) To accept and receive funds, gifts, grants,
212-24 property, labor, or other monetary or in-kind contributions of
213-25 any type or from any source, including, but not limited to,
214-Page 8 SB123
215-1 federal and state grants, appropriations, loans, and loan
216-2 guarantees.
217-3 "(8) To administer the distribution of funds,
218-4 grants, loans, loan guarantees, or other funds and resources
219-5 received by the division and to ensure that grant funds
220-6 awarded under this article are used for the purposes specified
221-7 in this article.
222-8 "(9) To promote and encourage private investments
223-9 and applications for available grants.
224-10 "(10) To perform any other actions necessary or
225-11 convenient for the implementation and administration of this
226-12 article and in compliance with state and federal law."
227-13 Section 2. This act shall become effective
228-14 immediately following its passage and approval by the
229-15 Governor, or its otherwise becoming law.
230-Page 9 SB123
231-1
137+26 the expansion and availability of high-speed broadband
138+27 networks, services, and technologies throughout the state,
139+Page 5 1 including a timeline for implementation of the plan. The
140+2 Director of ADECA shall submit the proposed plan to the
141+3 authority for approval on or before July 1, 2022. The plan
142+4 must consider the need for broadband expansion in rural areas,
143+5 underserved areas, and unserved areas, as well as any other
144+6 obstacles to broadband adoption. It shall include
145+7 recommendations for funding, and plans for implementation of
146+8 the following objectives, including, but not limited to:
147+9 "a. Evaluation of the state's existing long-haul and
148+10 middle mile network.
149+11 "b. Projects for the development and expansion of a
150+12 secure, reliable, robust, multi-purpose, and high-quality
151+13 long-haul and middle mile fiber network throughout the state.
152+14 Projects shall be implemented in the most cost effective and
153+15 efficient manner for the state and should utilize existing,
154+16 available infrastructure where it is consistent with the plan
155+17 and meets the speeds, service quality, and other priorities
156+18 established by this article, the plan, or the authority.
157+19 "c. Projects for providing last-mile infrastructure
158+20 and lit services for specific applications and use cases that
159+21 are determined by the division to be a priority supported by
160+22 the network or portions of the network funded under the
161+23 statewide connectivity plan.
162+24 "d. Consideration of suggestions and recommendations
163+25 of the Alabama Supercomputer Authority.
164+26 "(3) To implement the authority-approved statewide
165+27 connectivity plan and to enter into contracts and leases for
166+Page 6 1 purposes consistent with the priorities of the plan. In
167+2 developing the statewide connectivity plan, the division may
168+3 seek input from incumbent Internet service providers, other
169+4 service providers, and other owners and operators of
170+5 infrastructure involved in providing high-speed broadband
171+6 service.
172+7 "(4) To establish and administer a broadband
173+8 accessibility the Connect Alabama grant program programs, in
174+9 collaboration with the authority, for the purpose of promoting
175+10 the deployment and adoption of high-speed broadband Internet
176+11 networks, services, and technologies throughout the state,
177+12 including, but not limited to, rural areas, underserved areas,
178+13 and unserved areas of the state consistent with the
179+14 requirements of this article. For three years following May
180+15 17, 2021, 70 percent of the state Funds received by the
181+16 Connect Alabama Fund shall be expended by the division for the
182+17 extension of last-mile infrastructure in unserved areas at
183+18 minimum speeds as determined by the statewide connectivity
184+19 plan, as well as the establishment and administration of a
185+20 middle mile program and line extension program. ADECA may
186+21 establish additional Connect Alabama grant programs in
187+22 accordance with the goals of the statewide connectivity plan.
188+23 The funding amounts for programs established under this
189+24 article shall be evaluated for increase or decrease annually
190+25 with recommendations from the division and approval by the
191+26 authority. After this time, all All funds received for the
192+27 statewide connectivity plan Connect Alabama grant program
193+Page 7 1 shall be expended according to the goals of the program and
194+2 the statewide connectivity plan, as identified by the
195+3 division, and subject to any applicable legal requirements.
196+4 Federal and other funds received by ADECA or the Connect
197+5 Alabama Fund shall be expended by the division in accordance
198+6 with the statewide connectivity plan and any legal
199+7 requirements applicable to those funds.
200+8 "(5) To adopt rules and policies, as approved by
201+9 ADECA, within 90 days of establishing and receiving the
202+10 initial funding for the statewide connectivity plan, to
203+11 administer the program and to begin to accept applications for
204+12 grants, including any rules necessary to meet the future needs
205+13 of the grant program.
206+14 "(6) To develop strategies and support efforts to
207+15 attract and leverage grant funds, federal resources, and
208+16 private investment in furtherance of this article.
209+17 "(7) To accept and receive funds, gifts, grants,
210+18 property, labor, or other monetary or in-kind contributions of
211+19 any type or from any source, including, but not limited to,
212+20 federal and state grants, appropriations, loans, and loan
213+21 guarantees.
214+22 "(8) To administer the distribution of funds,
215+23 grants, loans, loan guarantees, or other funds and resources
216+24 received by the division and to ensure that grant funds
217+25 awarded under this article are used for the purposes specified
218+26 in this article.
219+Page 8 1 "(9) To promote and encourage private investments
220+2 and applications for available grants.
221+3 "(10) To perform any other actions necessary or
222+4 convenient for the implementation and administration of this
223+5 article and in compliance with state and federal law."
224+6 Section 2. This act shall become effective
225+7 immediately following its passage and approval by the
226+8 Governor, or its otherwise becoming law.
227+Page 9 1
232228 2
233-3
234-4
235-President and Presiding Officer of the Senate
236-
237-5
238-6 Speaker of the House of Representatives
239-SB1237
240-8 Senate 10-FEB-22
241-9 I hereby certify that the within Act originated in and passed
242-10 the Senate, as amended.
243-11
244-12 Patrick Harris,
245-13 Secretary.
229+3 Senate
230+Read for the first time and referred to the Senate4
231+5 committee on Fiscal Responsibility and Economic
232+Development.......................................6 0.1-FEB-22
233+ 7
234+Read for the second time and placed on the8
235+calendar 1 amendment.............................9 0.9-FEB-22
236+ 10
237+Read for the third time and passed as amended ....11 1.0-FEB-22
238+Yeas 2812
239+13 Nays 0
246240 14
247241 15
248-16
249-17 House of Representatives
250-18 Passed: 03-MAR-22
251-19
252-20
253-21 By: Senator Scofield
242+16 Patrick Harris,
243+17 Secretary.
244+18
254245 Page 10