Alabama 2022 Regular Session

Alabama Senate Bill SB124 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1 SB124
2		-	2 216375-5
	2	+	2 216375-4
3	3		3 By Senator Scofield
4	4		4 RFD: Fiscal Responsibility and Economic Development
5	5		5 First Read: 01-FEB-22
6	6
7		-	Page 0 SB124
8		-	1 SB124
	7	+	Page 0 1 SB124
9	8		2
10	9		3
11		-	4 ENROLLED, An Act,
12		-	5 Relating to the Alabama Broadband Accessibility Act;
13		-	6 to amend Sections 41-23-211, 41-23-212, 41-23-213, and
14		-	7 41-23-214, Code of Alabama 1975; to increase the minimum
15		-	8 threshold speeds for broadband service grants; to include
16		-	9 references to the Alabama broadband mapping program and
17		-	10 state-wide connectivity plan; to revise criteria and
18		-	11 eligibility for the awarding of grants; to revise the window
19		-	12 for grant applications; to revise the grant application
20		-	13 procedures; and to allow for a project extension in certain
21		-	14 circumstances.
22		-	15 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
23		-	16 Section 1. Sections 41-23-211, 41-23-212, 41-23-213,
24		-	17 and 41-23-214, Code of Alabama 1975, are amended to read as
25		-	18 follows:
26		-	19 "§41-23-211.
27		-	20 "The Legislature finds that the availability of
28		-	21 high-speed broadband services, with the preference of speeds
29		-	22 of 25 100 megabits per second of download speed and three 100
30		-	23 megabits per second of upload speed or greater, in unserved
31		-	24 rural Alabama is important for economic development,
32		-	25 education, health care, and emergency services in Alabama, and
33		-	Page 1 SB124
34		-	1 that grants and other incentives set forth in this article
35		-	2 will further those objectives by encouraging new investment in
36		-	3 broadband infrastructure.
37		-	4 "§41-23-212.
38		-	5 "For the purposes of this article, the following
39		-	6 words have the following meanings:
40		-	7 "(1) ADECA. The Alabama Department of Economic and
41		-	8 Community Affairs.
42		-	9 "(2) END USER. A residential, business,
43		-	10 institutional, or government entity that uses broadband
44		-	11 services for its own purposes and does not resell such
45		-	12 broadband services to other entities. An Internet service
46		-	13 provider (ISP) and mobile wireless service provider are not an
47		-	14 end user for the purposes of Sections 41-23-212, 41-23-213,
48		-	15 and 41-23-214.
49		-	16 "(3) MIDDLE MILE PROJECT. A broadband infrastructure
50		-	17 project that does not provide broadband service to end users
51		-	18 or to end-user devices.
52		-	19 "(4) MINIMUM SERVICE THRESHOLD. A connection to the
53		-	20 Internet that provides capacity for transmission at an average
54		-	21 speed per customer of at least 25 megabits (25 Mbps) 100
55		-	22 megabits (100 Mbps) per second downstream and at least three
56		-	23 20 megabits (3 20 Mbps) per second upstream.
57		-	24 "(5) RURAL AREA. Any area within this state not
58		-	25 included within the boundaries of any incorporated city or
59		-	Page 2 SB124
60		-	1 town having a population in excess of 25,000 inhabitants,
61		-	2 according to the last federal census.
62		-	3 "(6) UNSERVED AREA. Any rural area in which there is
63		-	4 not at least one provider of terrestrial broadband service
64		-	5 that is either: (1) offering a connection to the Internet
65		-	6 meeting the minimum service threshold; or (2) is required,
66		-	7 under the terms of the Federal Universal Service Fund or other
67		-	8 federal or state grant, another state or federal grant to
68		-	9 provide a connection to the Internet at speeds meeting the
69		-	10 minimum service threshold by March 28, 2023 within the same or
70		-	11 similar timeframe of projects of similar complexity or scale
71		-	12 awarded during each grant cycle.
72		-	13 "§41-23-213.
73		-	14 "(a) The Director of ADECA may establish and
74		-	15 administer the broadband accessibility grant program for the
75		-	16 purpose of promoting the deployment and adoption of broadband
76		-	17 Internet access services to unserved areas. By June 26, 2018,
77		-	18 the The director shall adopt rules and policies to administer
78		-	19 the program and begin to accept applications for grants, and
79		-	20 shall adopt such rules as may be necessary to meet the future
80		-	21 needs of the grant program.
81		-	22 "(b) The program shall be administered pursuant to
82		-	23 policies developed by ADECA in compliance with this article.
83		-	24 The policies shall provide for the awarding of grants to
84		-	25 non-governmental entities that are cooperatives, corporations,
85		-	Page 3 SB124
86		-	1 limited liability companies, partnerships, or other private
	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 Alabama Broadband Accessibility Act;
	18	+	12 to amend Sections 41-23-211, 41-23-212, 41-23-213, and
	19	+	13 41-23-214, Code of Alabama 1975; to increase the minimum
	20	+	14 threshold speeds for broadband service grants; to include
	21	+	15 references to the Alabama broadband mapping program and
	22	+	16 state-wide connectivity plan; to revise criteria and
	23	+	17 eligibility for the awarding of grants; to revise the window
	24	+	18 for grant applications; to revise the grant application
	25	+	19 procedures; and to allow for a project extension in certain
	26	+	20 circumstances.
	27	+	21 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	28	+	22 Section 1. Sections 41-23-211, 41-23-212, 41-23-213,
	29	+	23 and 41-23-214, Code of Alabama 1975, are amended to read as
	30	+	24 follows:
	31	+	25 "§41-23-211.
	32	+	26 "The Legislature finds that the availability of
	33	+	27 high-speed broadband services, with the preference of speeds
	34	+	Page 1 1 of 25 100 megabits per second of download speed and three 100
	35	+	2 megabits per second of upload speed or greater, in unserved
	36	+	3 rural Alabama is important for economic development,
	37	+	4 education, health care, and emergency services in Alabama, and
	38	+	5 that grants and other incentives set forth in this article
	39	+	6 will further those objectives by encouraging new investment in
	40	+	7 broadband infrastructure.
	41	+	8 "§41-23-212.
	42	+	9 "For the purposes of this article, the following
	43	+	10 words have the following meanings:
	44	+	11 "(1) ADECA. The Alabama Department of Economic and
	45	+	12 Community Affairs.
	46	+	13 "(2) END USER. A residential, business,
	47	+	14 institutional, or government entity that uses broadband
	48	+	15 services for its own purposes and does not resell such
	49	+	16 broadband services to other entities. An Internet service
	50	+	17 provider (ISP) and mobile wireless service provider are not an
	51	+	18 end user for the purposes of Sections 41-23-212, 41-23-213,
	52	+	19 and 41-23-214.
	53	+	20 "(3) MIDDLE MILE PROJECT. A broadband infrastructure
	54	+	21 project that does not provide broadband service to end users
	55	+	22 or to end-user devices.
	56	+	23 "(4) MINIMUM SERVICE THRESHOLD. A connection to the
	57	+	24 Internet that provides capacity for transmission at an average
	58	+	25 speed per customer of at least 25 megabits (25 Mbps) 100
	59	+	26 megabits (100 Mbps) per second downstream and at least three
	60	+	27 20 megabits (3 20 Mbps) per second upstream.
	61	+	Page 2 1 "(5) RURAL AREA. Any area within this state not
	62	+	2 included within the boundaries of any incorporated city or
	63	+	3 town having a population in excess of 25,000 inhabitants,
	64	+	4 according to the last federal census.
	65	+	5 "(6) UNSERVED AREA. Any rural area in which there is
	66	+	6 not at least one provider of terrestrial broadband service
	67	+	7 that is either: (1) offering a connection to the Internet
	68	+	8 meeting the minimum service threshold; or (2) is required,
	69	+	9 under the terms of the Federal Universal Service Fund or other
	70	+	10 federal or state grant, another state or federal grant to
	71	+	11 provide a connection to the Internet at speeds meeting the
	72	+	12 minimum service threshold by March 28, 2023 within the same or
	73	+	13 similar timeframe of projects of similar complexity or scale
	74	+	14 awarded during each grant cycle.
	75	+	15 "§41-23-213.
	76	+	16 "(a) The Director of ADECA may establish and
	77	+	17 administer the broadband accessibility grant program for the
	78	+	18 purpose of promoting the deployment and adoption of broadband
	79	+	19 Internet access services to unserved areas. By June 26, 2018,
	80	+	20 the The director shall adopt rules and policies to administer
	81	+	21 the program and begin to accept applications for grants, and
	82	+	22 shall adopt such rules as may be necessary to meet the future
	83	+	23 needs of the grant program.
	84	+	24 "(b) The program shall be administered pursuant to
	85	+	25 policies developed by ADECA in compliance with this article.
	86	+	26 The policies shall provide for the awarding of grants to
	87	+	27 non-governmental entities that are cooperatives, corporations,
	88	+	Page 3 1 limited liability companies, partnerships, or other private
87	89		2 business entities, or units of government that provide
88	90		3 broadband services. An entity is not eligible for a grant
89	91		4 under this article unless the entity has submitted, within the
90	92		5 one-year period preceding the awarding of the grant, the
91	93		6 entity's broadband service availability information to
92	94		7 Alabama's broadband mapping program. Nothing in this article
93	95		8 shall expand the authority under state law of any entity to
94	96		9 provide broadband service.
95	97		10 "(c) There is hereby created the Alabama Broadband
96	98		11 Accessibility Fund in the State Treasury. The fund is subject
97	99		12 to appropriations by the Legislature and gifts, grants, and
98	100		13 other donations received by ADECA for the broadband
99	101		14 accessibility grant program or fund. All state and federal
100	102		15 grant monies deposited in the fund shall be expended by ADECA
101	103		16 in accordance with the statewide connectivity plan and any
102	104		17 legal requirements applicable to those grant monies, including
103	105		18 their program eligibility, deployment, and reporting
104	106		19 requirements. ADECA may not spend appropriations for the
105	107		20 program for purposes other than those listed in this section.
106	108		21 Any monies appropriated to ADECA for broadband grants that are
107	109		22 unspent at the end of a fiscal year shall be carried over for
108	110		23 use by the program in the next fiscal year. ADECA shall
109	111		24 develop rules ensuring that expenses incurred to administer
110	112		25 the program must not exceed the lesser of seven percent of the
111		-	Page 4 SB124
112		-	1 total amount appropriated for the program in any fiscal year
113		-	2 or seven hundred fifty thousand dollars ($750,000). Moneys
114		-	3 Monies in the fund shall be invested by the State Treasurer
115		-	4 for the sole benefit of the fund.
116		-	5 "(d)(1) Individual grants awarded by ADECA under
117		-	6 this section may only be awarded for projects in unserved
118		-	7 areas that will be capable of transmitting broadband signals
119		-	8 at or above 100 megabits per second of download speed and 100
120		-	9 megabits per second of upload speed, and may not exceed the
121		-	10 lesser of:
122		-	11 "a. Thirty-five Eighty percent of the project costs.
123		-	12 "b. One Five million five hundred thousand dollars
124		-	13 ($1,500,000) ($5,000,000) for projects that will be capable of
125		-	14 transmitting broadband signals at or above the minimum service
126		-	15 threshold.
127		-	16 "(2) Grants may be given to any qualified entity
128		-	17 pursuant to subsection (b) that meets the service criteria for
129		-	18 expenditures after March 28, 2018.
130		-	19 "(3) ADECA shall ensure that not less than 40
131		-	20 percent of funds appropriated for grants be utilized in
132		-	21 unincorporated areas of the state.
133		-	22 "(4) Subject to the limitations in this subsection,
134		-	23 grants shall be awarded pursuant to the service criteria
135		-	24 developed by ADECA, with priority given to projects that meet
136		-	25 any of the following:
137		-	Page 5 SB124
138		-	1 "a. Seek to leverage grant funds through private
139		-	2 investment and extension of existing infrastructure.
140		-	3 "b. Serve locations with demonstrated community
141		-	4 support, including, but not limited to, documented support
142		-	5 from local government.
143		-	6 "c. Demonstrate the operator's technical and
144		-	7 managerial capabilities to complete the project within two
145		-	8 years of the grant the required timeframe.
146		-	9 "d. Demonstrate the applicants' necessary financial
147		-	10 resources.
148		-	11 "e. Are most cost effective and technically
149		-	12 efficient in that they propose to serve the highest number of
150		-	13 unserved homes, businesses, and community anchor points for
151		-	14 the least grant fund cost and best level of service,
152		-	15 emphasizing projects including the highest broadband speeds.
153		-	16 "f. Provide material broadband enhancement to
154		-	17 hospitals, clinics, and other medical facilities located in
155		-	18 rural areas.
156		-	19 "g. Support local libraries in this state for the
157		-	20 purpose of assisting the libraries in offering digital
158		-	21 literacy training pursuant to state library and archive
159		-	22 guidelines.
160		-	23 "h. Provide support for the deployment of
161		-	24 infrastructure to be owned and operated exclusively by
162		-	25 Internet service providers serving subscribers in Alabama for
163		-	Page 6 SB124
164		-	1 at least three years or organizations incorporated,
165		-	2 headquartered, or with a principal place of business in
166		-	3 Alabama.
167		-	4 "i. Commit to improving the adoption rate of
168		-	5 broadband services by offering programs to households that
169		-	6 meet guidelines established by ADECA or the funding source,
170		-	7 including, but not limited to, special service rates,
171		-	8 Internet-enabled devices that meet the needs of the user, and
172		-	9 digital skills training.
173		-	10 "(5) For the purposes of awarding grants, ADECA
174		-	11 shall take into consideration the average pole attachment
175		-	12 rates that a grant applicant charges to an unaffiliated
176		-	13 entity, provided that this subdivision shall not apply to a
177		-	14 utility as defined under Section 37-4-1(7)a.
178		-	15 "(6) In order to promote the deployment of grant
179		-	16 funds in an inclusive manner that is consistent with the
180		-	17 racial, gender, geographic, urban, rural, and economic
181		-	18 diversity of the state, ADECA may give additional
182		-	19 consideration to an applicant that provides documentation that
183		-	20 it has been certified by the ADECA Office of Minority Business
184		-	21 Enterprise or otherwise as a Disadvantaged Business
185		-	22 Enterprise. For projects funded under Sections 41-23-212,
186		-	23 41-23-213, and 41-23-214 this article, ADECA shall encourage
187		-	24 grant applicants to use vendors and subcontractors that have
188		-	25 been certified by the Office of Minority Business Enterprise
189		-	Page 7 SB124
190		-	1 or that are Disadvantaged Business Enterprises. ADECA shall
191		-	2 include in its report to the Alabama Rural Broadband Oversight
192		-	3 Committee a list of entities certified by the Office of
193		-	4 Minority Business Enterprise and Disadvantaged Business
194		-	5 Enterprises that have been awarded grants since the prior
195		-	6 report.
196		-	7 "(e) For each fiscal year in which grant funds are
197		-	8 available, ADECA shall accept applications within a
198		-	9 60-to-90-day grant window that it shall establish. However,
199		-	10 when necessary to meet the requirements of other funding
200		-	11 sources, a grant window of 30 days may be established by
201		-	12 ADECA. ADECA shall review each application for eligibility as
202		-	13 determined by the state map. Any applicant submitting a
203		-	14 project that includes served areas as documented by the state
204		-	15 map shall be given an opportunity to revise the application to
205		-	16 eliminate ineligible portions or rescind the application.
206		-	17 Applications for eligible projects will shall be evaluated
207		-	18 according to a scoring system developed by ADECA that
208		-	19 incorporates the priorities listed in this section, with grant
209		-	20 awards published within 90 days after expiration of the filing
210		-	21 window as soon as possible, but no more than 60 days after
211		-	22 expiration of the filing window. Grant applications shall be
212		-	23 published by ADECA on the Internet at the end of the filing
213		-	24 window, and existing service providers shall have 30 business
214		-	25 days from the date of publication to file objections to the
215		-	Page 8 SB124
216		-	1 eligibility of a proposed project. ADECA shall address any
217		-	2 objections within 30 days of submission and shall make any
218		-	3 appropriate changes to grant awards based on a finding of
219		-	4 ineligibility resulting from such protest. Subject to such
220		-	5 protest procedure, grants Grants issued by ADECA shall be
221		-	6 conditioned upon compliance with the terms of the grant but
222		-	7 shall not otherwise be revocable. Providers' grants shall be
223		-	8 paid within 30 days upon ADECA receiving written certification
224		-	9 of the completion of the project and evidence of compliance
225		-	10 with the terms of the grant as prescribed by ADECA.
226		-	11 "(f) Grants shall be conditioned on project
227		-	12 completion within two years of awarding of the grant.
228		-	13 Applicants who demonstrate project complexity may request more
229		-	14 than two years to complete the project. Recipients who
230		-	15 demonstrate that the project is progressing may request an
231		-	16 extension for up to one year for project delays beyond the
232		-	17 recipient's control. If a recipient fails to complete a
233		-	18 project within the two-year deadline, or within the extended
234		-	19 deadline due to reasons other than delay caused by a
235		-	20 government entity, ADECA may revoke the grant in its entirety
236		-	21 and rededicate the funds to a new recipient.
237		-	22 "(g) ADECA shall condition the release of any grant
238		-	23 funds awarded under this chapter on both of all of the
239		-	24 following:
240		-	Page 9 SB124
241		-	1 "(1) The progressive completion, as measured on not
242		-	2 more than a quarterly basis, of the approved project. Grants
243		-	3 for projects not showing progress may be rescinded.
244		-	4 "(2) Operational testing, when possible, to confirm
245		-	5 the level of service proposed in the grant application. Such
246		-	6 regulations shall not exceed in degree or differ in kind from
247		-	7 testing and reporting requirements imposed on the grant
248		-	8 recipient by the Federal Communications Commission, as
249		-	9 adjusted for the service specifications in the ADECA grant
250		-	10 agreement.
251		-	11 "(3) Continued participation in Alabama's broadband
252		-	12 mapping program throughout the entire project period.
253		-	13 "(h) Notwithstanding any other provision of this
254		-	14 section, eligible projects shall include any of the following:
255		-	15 "(1) Projects to serve unserved areas in which the
256		-	16 grant applicant is either or both: a. an existing or future
257		-	17 service provider which has or will receive support through
258		-	18 federal universal service funding programs designed
259		-	19 specifically to encourage broadband deployment in an area
260		-	20 without broadband access; or b. an existing or future service
261		-	21 provider entity that currently provides services which has or
262		-	22 will receive other forms of federal or state financial support
263		-	23 or assistance, such as a grant or loan from the United States
264		-	24 Department of Agriculture; provided, however, that any award
265		-	25 of state funds under this section, when combined with other
266		-	Page 10 SB124
267		-	1 forms of state or federal support or assistance dedicated to
268		-	2 the project, other than interest-bearing loans, may not exceed
269		-	3 60 90 percent of the total project costs. Nothing in this
270		-	4 section shall prohibit a grant applicant who has not
271		-	5 previously received any federal or state funds, grants, or
272		-	6 loans for broadband deployment from applying for and receiving
273		-	7 grant funds under this section.
274		-	8 "(2) Middle mile projects, where the applicant
275		-	9 demonstrates that the project will connect other service
276		-	10 providers eligible for grants under this section with
277		-	11 broadband infrastructure further upstream in order to enable
278		-	12 the providers to offer broadband service to end users;
279		-	13 provided that eligible projects under this subdivision may
280		-	14 include projects in an unserved area or a rural area that does
281		-	15 not meet the definition of an unserved area but otherwise
282		-	16 meets the requirements of this section, for which the grant
283		-	17 applicant demonstrates, by specific evidence, the need for
284		-	18 greater broadband speeds, access, capacity, resiliency, or
285		-	19 service which is not being offered by an existing service
286		-	20 provider.
287		-	21 "(3) Projects to provide broadband service to a
288		-	22 specific hospital, health care facility, public school, public
289		-	23 safety, or economic development site in a rural area that does
290		-	24 not meet the definition of an unserved area but otherwise
291		-	25 meets the requirements of this section, for which the grant
292		-	Page 11 SB124
293		-	1 applicant demonstrates, by specific evidence, the need for
294		-	2 greater broadband speeds, access, capacity, resiliency, or
295		-	3 service which is not being offered by an existing service
296		-	4 provider.
297		-	5 "(4) Grants issued under subdivisions (2) and (3)
298		-	6 shall not exceed 40 percent of the total funds appropriated
299		-	7 for grants on an annual basis.
300		-	8 "(i) Nothing in this section shall affect the
301		-	9 approval and continued funding of grants awarded prior to May
302		-	10 30, 2019.
303		-	11 "§41-23-214.
304		-	12 "(a) There is created the Alabama Rural Broadband
305		-	13 Oversight Committee. The oversight committee shall consist of
306		-	14 the Chair of the House Ways and Means Education Committee or
307		-	15 his or her designee, the Chair of the Senate Finance and
308		-	16 Taxation Education Committee or his or her designee, two
309		-	17 members appointed by the Speaker of the House of
310		-	18 Representatives, two members appointed by the President Pro
311		-	19 Tempore of the Senate, and the Director of ADECA or his or her
312		-	20 designee. The oversight committee shall meet at least
313		-	21 annually, provide general oversight of the implementation of
314		-	22 the article, and recommend further statutory changes to
315		-	23 promote rural broadband development.
316		-	Page 12 SB124
317		-	1 "(b) The oversight committee shall reflect the
318		-	2 racial, gender, geographic, urban/rural, and economic
319		-	3 diversity of the state.
320		-	4 "(c) For any year in which grants are distributed
321		-	5 under the program, ADECA shall produce a report on the status
322		-	6 of grants under the program to the oversight committee,
323		-	7 including progress toward increased access to and adoption of
324		-	8 broadband services. The report shall be provided at the
325		-	9 oversight committee's first meeting of the year and be
326		-	10 published on ADECA's website. ADECA shall provide a copy of
327		-	11 the report to the Governor, the Alabama Senate President Pro
328		-	12 Tempore, the Alabama Senate Minority Leader, the Speaker of
329		-	13 the Alabama House of Representatives, and the Alabama House of
330		-	14 Representatives Minority Leader. By March 28, 2019, ADECA
331		-	15 shall produce a report on the availability of broadband within
332		-	16 the state."
333		-	17 Section 2. This act shall become effective
334		-	18 immediately following its passage and approval by the
335		-	19 Governor, or its otherwise becoming law.
336		-	Page 13 SB124
337		-	1
	113	+	26 total amount appropriated for the program in any fiscal year
	114	+	27 or seven hundred fifty thousand dollars ($750,000). Moneys
	115	+	Page 4 1 Monies in the fund shall be invested by the State Treasurer
	116	+	2 for the sole benefit of the fund.
	117	+	3 "(d)(1) Individual grants awarded by ADECA under
	118	+	4 this section may only be awarded for projects in unserved
	119	+	5 areas, and may not exceed the lesser of:
	120	+	6 "a. Thirty-five Eighty percent of the project costs.
	121	+	7 "b. One Five million five hundred thousand dollars
	122	+	8 ($1,500,000) ($5,000,000) for projects that will be capable of
	123	+	9 transmitting broadband signals at or above the minimum service
	124	+	10 threshold 100 megabits per second of download speed and 100
	125	+	11 megabits per second of upload speed.
	126	+	12 "(2) Grants may be given to any qualified entity
	127	+	13 pursuant to subsection (b) that meets the service criteria for
	128	+	14 expenditures after March 28, 2018.
	129	+	15 "(3) ADECA shall ensure that not less than 40
	130	+	16 percent of funds appropriated for grants be utilized in
	131	+	17 unincorporated areas of the state.
	132	+	18 "(4) Subject to the limitations in this subsection,
	133	+	19 grants shall be awarded pursuant to the service criteria
	134	+	20 developed by ADECA, with priority given to projects that meet
	135	+	21 any of the following:
	136	+	22 "a. Seek to leverage grant funds through private
	137	+	23 investment and extension of existing infrastructure.
	138	+	24 "b. Serve locations with demonstrated community
	139	+	25 support, including, but not limited to, documented support
	140	+	26 from local government.
	141	+	Page 5 1 "c. Demonstrate the operator's technical and
	142	+	2 managerial capabilities to complete the project within two
	143	+	3 years of the grant the required timeframe.
	144	+	4 "d. Demonstrate the applicants' necessary financial
	145	+	5 resources.
	146	+	6 "e. Are most cost effective and technically
	147	+	7 efficient in that they propose to serve the highest number of
	148	+	8 unserved homes, businesses, and community anchor points for
	149	+	9 the least grant fund cost and best level of service,
	150	+	10 emphasizing projects including the highest broadband speeds.
	151	+	11 "f. Provide material broadband enhancement to
	152	+	12 hospitals, clinics, and other medical facilities located in
	153	+	13 rural areas.
	154	+	14 "g. Support local libraries in this state for the
	155	+	15 purpose of assisting the libraries in offering digital
	156	+	16 literacy training pursuant to state library and archive
	157	+	17 guidelines.
	158	+	18 "h. Provide support for the deployment of
	159	+	19 infrastructure to be owned and operated exclusively by
	160	+	20 Internet service providers serving subscribers in Alabama for
	161	+	21 at least three years or organizations incorporated,
	162	+	22 headquartered, or with a principal place of business in
	163	+	23 Alabama.
	164	+	24 "i. Commit to improving the adoption rate of
	165	+	25 broadband services by offering programs to households that
	166	+	26 meet guidelines established by ADECA or the funding source,
	167	+	27 including, but not limited to, special service rates,
	168	+	Page 6 1 Internet-enabled devices that meet the needs of the user, and
	169	+	2 digital skills training.
	170	+	3 "(5) For the purposes of awarding grants, ADECA
	171	+	4 shall take into consideration the average pole attachment
	172	+	5 rates that a grant applicant charges to an unaffiliated
	173	+	6 entity, provided that this subdivision shall not apply to a
	174	+	7 utility as defined under Section 37-4-1(7)a.
	175	+	8 "(6) In order to promote the deployment of grant
	176	+	9 funds in an inclusive manner that is consistent with the
	177	+	10 racial, gender, geographic, urban, rural, and economic
	178	+	11 diversity of the state, ADECA may give additional
	179	+	12 consideration to an applicant that provides documentation that
	180	+	13 it has been certified by the ADECA Office of Minority Business
	181	+	14 Enterprise or otherwise as a Disadvantaged Business
	182	+	15 Enterprise. For projects funded under Sections 41-23-212,
	183	+	16 41-23-213, and 41-23-214 this article, ADECA shall encourage
	184	+	17 grant applicants to use vendors and subcontractors that have
	185	+	18 been certified by the Office of Minority Business Enterprise
	186	+	19 or that are Disadvantaged Business Enterprises. ADECA shall
	187	+	20 include in its report to the Alabama Rural Broadband Oversight
	188	+	21 Committee a list of entities certified by the Office of
	189	+	22 Minority Business Enterprise and Disadvantaged Business
	190	+	23 Enterprises that have been awarded grants since the prior
	191	+	24 report.
	192	+	25 "(e) For each fiscal year in which grant funds are
	193	+	26 available, ADECA shall accept applications within a
	194	+	27 60-to-90-day grant window that it shall establish. However,
	195	+	Page 7 1 when necessary to meet the requirements of other funding
	196	+	2 sources, a grant window of 30 days may be established by
	197	+	3 ADECA. ADECA shall review each application for eligibility as
	198	+	4 determined by the state map. Any applicant submitting a
	199	+	5 project that includes served areas as documented by the state
	200	+	6 map shall be given an opportunity to revise the application to
	201	+	7 eliminate ineligible portions or rescind the application.
	202	+	8 Applications for eligible projects will shall be evaluated
	203	+	9 according to a scoring system developed by ADECA that
	204	+	10 incorporates the priorities listed in this section, with grant
	205	+	11 awards published within 90 days after expiration of the filing
	206	+	12 window as soon as possible, but no more than 60 days after
	207	+	13 expiration of the filing window. Grant applications shall be
	208	+	14 published by ADECA on the Internet at the end of the filing
	209	+	15 window, and existing service providers shall have 30 business
	210	+	16 days from the date of publication to file objections to the
	211	+	17 eligibility of a proposed project. ADECA shall address any
	212	+	18 objections within 30 days of submission and shall make any
	213	+	19 appropriate changes to grant awards based on a finding of
	214	+	20 ineligibility resulting from such protest. Subject to such
	215	+	21 protest procedure, grants Grants issued by ADECA shall be
	216	+	22 conditioned upon compliance with the terms of the grant but
	217	+	23 shall not otherwise be revocable. Providers' grants shall be
	218	+	24 paid within 30 days upon ADECA receiving written certification
	219	+	25 of the completion of the project and evidence of compliance
	220	+	26 with the terms of the grant as prescribed by ADECA.
	221	+	Page 8 1 "(f) Grants shall be conditioned on project
	222	+	2 completion within two years of awarding of the grant.
	223	+	3 Applicants who demonstrate project complexity may request more
	224	+	4 than two years to complete the project. Recipients who
	225	+	5 demonstrate that the project is progressing may request an
	226	+	6 extension for up to one year for project delays beyond the
	227	+	7 recipient's control. If a recipient fails to complete a
	228	+	8 project within the two-year deadline, or within the extended
	229	+	9 deadline due to reasons other than delay caused by a
	230	+	10 government entity, ADECA may revoke the grant in its entirety
	231	+	11 and rededicate the funds to a new recipient.
	232	+	12 "(g) ADECA shall condition the release of any grant
	233	+	13 funds awarded under this chapter on both of all of the
	234	+	14 following:
	235	+	15 "(1) The progressive completion, as measured on not
	236	+	16 more than a quarterly basis, of the approved project. Grants
	237	+	17 for projects not showing progress may be rescinded.
	238	+	18 "(2) Operational testing, when possible, to confirm
	239	+	19 the level of service proposed in the grant application. Such
	240	+	20 regulations shall not exceed in degree or differ in kind from
	241	+	21 testing and reporting requirements imposed on the grant
	242	+	22 recipient by the Federal Communications Commission, as
	243	+	23 adjusted for the service specifications in the ADECA grant
	244	+	24 agreement.
	245	+	25 "(3) Continued participation in Alabama's broadband
	246	+	26 mapping program throughout the entire project period.
	247	+	Page 9 1 "(h) Notwithstanding any other provision of this
	248	+	2 section, eligible projects shall include any of the following:
	249	+	3 "(1) Projects to serve unserved areas in which the
	250	+	4 grant applicant is either or both: a. an existing or future
	251	+	5 service provider which has or will receive support through
	252	+	6 federal universal service funding programs designed
	253	+	7 specifically to encourage broadband deployment in an area
	254	+	8 without broadband access; or b. an existing or future service
	255	+	9 provider entity that currently provides services which has or
	256	+	10 will receive other forms of federal or state financial support
	257	+	11 or assistance, such as a grant or loan from the United States
	258	+	12 Department of Agriculture; provided, however, that any award
	259	+	13 of state funds under this section, when combined with other
	260	+	14 forms of state or federal support or assistance dedicated to
	261	+	15 the project, other than interest-bearing loans, may not exceed
	262	+	16 60 90 percent of the total project costs. Nothing in this
	263	+	17 section shall prohibit a grant applicant who has not
	264	+	18 previously received any federal or state funds, grants, or
	265	+	19 loans for broadband deployment from applying for and receiving
	266	+	20 grant funds under this section.
	267	+	21 "(2) Middle mile projects, where the applicant
	268	+	22 demonstrates that the project will connect other service
	269	+	23 providers eligible for grants under this section with
	270	+	24 broadband infrastructure further upstream in order to enable
	271	+	25 the providers to offer broadband service to end users;
	272	+	26 provided that eligible projects under this subdivision may
	273	+	27 include projects in an unserved area or a rural area that does
	274	+	Page 10 1 not meet the definition of an unserved area but otherwise
	275	+	2 meets the requirements of this section, for which the grant
	276	+	3 applicant demonstrates, by specific evidence, the need for
	277	+	4 greater broadband speeds, access, capacity, resiliency, or
	278	+	5 service which is not being offered by an existing service
	279	+	6 provider.
	280	+	7 "(3) Projects to provide broadband service to a
	281	+	8 specific hospital, health care facility, public school, public
	282	+	9 safety, or economic development site in a rural area that does
	283	+	10 not meet the definition of an unserved area but otherwise
	284	+	11 meets the requirements of this section, for which the grant
	285	+	12 applicant demonstrates, by specific evidence, the need for
	286	+	13 greater broadband speeds, access, capacity, resiliency, or
	287	+	14 service which is not being offered by an existing service
	288	+	15 provider.
	289	+	16 "(4) Grants issued under subdivisions (2) and (3)
	290	+	17 shall not exceed 40 percent of the total funds appropriated
	291	+	18 for grants on an annual basis.
	292	+	19 "(i) Nothing in this section shall affect the
	293	+	20 approval and continued funding of grants awarded prior to May
	294	+	21 30, 2019.
	295	+	22 "§41-23-214.
	296	+	23 "(a) There is created the Alabama Rural Broadband
	297	+	24 Oversight Committee. The oversight committee shall consist of
	298	+	25 the Chair of the House Ways and Means Education Committee or
	299	+	26 his or her designee, the Chair of the Senate Finance and
	300	+	27 Taxation Education Committee or his or her designee, two
	301	+	Page 11 1 members appointed by the Speaker of the House of
	302	+	2 Representatives, two members appointed by the President Pro
	303	+	3 Tempore of the Senate, and the Director of ADECA or his or her
	304	+	4 designee. The oversight committee shall meet at least
	305	+	5 annually, provide general oversight of the implementation of
	306	+	6 the article, and recommend further statutory changes to
	307	+	7 promote rural broadband development.
	308	+	8 "(b) The oversight committee shall reflect the
	309	+	9 racial, gender, geographic, urban/rural, and economic
	310	+	10 diversity of the state.
	311	+	11 "(c) For any year in which grants are distributed
	312	+	12 under the program, ADECA shall produce a report on the status
	313	+	13 of grants under the program to the oversight committee,
	314	+	14 including progress toward increased access to and adoption of
	315	+	15 broadband services. The report shall be provided at the
	316	+	16 oversight committee's first meeting of the year and be
	317	+	17 published on ADECA's website. ADECA shall provide a copy of
	318	+	18 the report to the Governor, the Alabama Senate President Pro
	319	+	19 Tempore, the Alabama Senate Minority Leader, the Speaker of
	320	+	20 the Alabama House of Representatives, and the Alabama House of
	321	+	21 Representatives Minority Leader. By March 28, 2019, ADECA
	322	+	22 shall produce a report on the availability of broadband within
	323	+	23 the state."
	324	+	24 Section 2. This act shall become effective
	325	+	25 immediately following its passage and approval by the
	326	+	26 Governor, or its otherwise becoming law.
	327	+	Page 12 1
338	328		2
339		-	3
340		-	4
341		-	President and Presiding Officer of the Senate
342		-
343		-	5
344		-	6 Speaker of the House of Representatives
345		-	SB1247
346		-	8 Senate 10-FEB-22
347		-	9 I hereby certify that the within Act originated in and passed
348		-	10 the Senate, as amended.
349		-	11
350		-	12 Patrick Harris,
351		-	13 Secretary.
	329	+	3 Senate
	330	+	Read for the first time and referred to the Senate4
	331	+	5 committee on Fiscal Responsibility and Economic
	332	+	Development.......................................6 0.1-FEB-22
	333	+	7
	334	+	Read for the second time and placed on the calen-8
	335	+	dar 1 amendment..................................9 0.9-FEB-22
	336	+	10
	337	+	Read for the third time and passed as amended ....11 1.0-FEB-22
	338	+	Yeas 2512
	339	+	13 Nays 0
352	340		14
353	341		15
354		-	16
355		-	17 House of Representatives
356		-	18 Amended and passed 03-MAR-22
357		-	19
358		-	20
359		-	21 Senate concurred in House amendment 08-MAR-22
360		-	22
361		-	23
362		-	24 By: Senator Scofield
363		-	Page 14
	342	+	16 Patrick Harris,
	343	+	17 Secretary.
	344	+	18
	345	+	Page 13