Bill Text: WV SB494 | 2022 | Regular Session | Introduced
Bill Title: Creating Broadband Carrier Neutral and Open Access Infrastructure Development Fund
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Engrossed - Dead) 2022-02-22 - To House Finance [SB494 Detail]
Download: West_Virginia-2022-SB494-Introduced.html
WEST virginia legislature
2022 regular session
Introduced
Senate Bill 494
By Senator Plymale
[Introduced January 27, 2022;
referred
to the Committee on Finance]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31G-1A-8, relating to creating the Broadband Carrier Neutral and Open Access Infrastructure Development Fund; providing for the administration of the fund, sources of funding for the fund, and the purposes for expenditures from the fund; and authorizing expenditures from the fund from collections and pursuant to legislative appropriations.
Be it enacted by the Legislature of West Virginia:
ARTICLE 1A. OFFICE OF BROADBAND.
§31G-1A-8. Broadband Carrier Neutral and Open Access Infrastructure Development Fund.
(a) The Broadband Carrier Neutral and Open Access Infrastructure Development Fund is hereby created in the State Treasury. The fund shall be administered by the Secretary of the Department of Economic Development and shall consist of all moneys made available for the purposes of this article from any source, including, but not limited to, all gifts, grants, bequests or transfers from any source, any moneys that may be appropriated to the fund by the Legislature, and all interest or other return earned from investment of the fund. Expenditures from the fund shall be for the purposes set forth in subsection (b) of this section and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of §12-3-1 et seq. of this code and upon the fulfillment of the provisions set forth in §11B-2-1 et seq. of this code: Provided, That for the fiscal year ending June 30, 2022, expenditures are authorized from collections rather than pursuant to an explicit appropriation by the Legislature. Any balance, including accrued interest and other returns, remaining in the fund at the end of each fiscal year shall not revert to the General Revenue Fund but shall remain in the fund and be expended as provided by this section.
(b) Moneys of the Broadband Carrier Neutral and Open Access Infrastructure Development Fund may only be expended for the following purposes:
(1) Expenses for the administration of the Office of Broadband; and
(2) Line extension advancement and development projects, including expansion of existing fiber and cable networks: Provided, That if a broadband project or extension is funded by more than 90 percent of public money, the project or extension shall be a carrier neutral and open access project.
NOTE: The purpose of this bill is to create Broadband Carrier Neutral and Open Access Infrastructure Development Fund.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
