Senate Bill No. 748
(By Senators Unger, Fanning, Jenkins, Love, Stollings,
White, Facemyer and Barnes)
____________
[Originating in the Committee on Transportation and
Infrastructure;
reported February 22, 2007.]
_____________
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §5B-4-1, §5B-4-2,
§5B-4-3, §5B-4-4, §5B-4-5, §5B-4-6, §5B-4-7, §5B-4-8, §5B-4-9,
§5B-4-10, §5B-4-11, §5B-4-12, §5B-4-13 and §5B-4-14; and to
amend said code by adding thereto a new article, designated
§18-31A-1 and §18-31A-2,
all relating to structuring the
Electronic Telecommunication Open Infrastructure Act (ETOPIA);
conducting an inventory and developing coordinated deployment
and operation of technology infrastructure within this state;
definitions; legislative findings; technology infrastructure
inventory, local government cooperation, inventory survey
reporting requirements; rule-making authority of Secretary of
Department of Administration; exemption from disclosure of
confidential information; creating Joint Legislative Oversight Commission on Transportation and Infrastructure; powers and
duties of the Secretary of Commerce; rule-making authority of
Council for Community and Economic Development relating to
secretary; study by secretary and inventory of management
practices of technology and technology infrastructure;
reporting requirements; providing technical and funding
assistance to develop technology infrastructure; authorizing
secretary to engage in consulting services for fee;
contractual and joint venture agreements; liberal construction
of article; and utilizing broadband infrastructure, technology
and information to enhance early childhood development.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §5B-4-1, §5B-4-2, §5B-
4-3, §5B-4-4, §5B-4-5, §5B-4-6, §5B-4-7, §5B-4-8, §5B-4-9, §5B-4-
10, §5B-4-11, §5B-4-12, §5B-4-13 and §5B-4-14; and that said code
be amended by adding thereto a new article, designated
§18-31A-1
and §18-31A-2,
all to read as follows:
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
ARTICLE 4. ELECTRONIC TELECOMMUNICATION OPEN INFRASTRUCTURE ACT.
§5B-4-1. Short title.
This article may be cited as the Electronic Telecommunication
Open Infrastructure Act and may be referred to as ETOPIA.
§5B-4-2. Definitions.
The following terms, wherever used or referred to in this
article, shall have the following meanings unless a different
meaning clearly appears from the context:
(1) "Broadband developer" means a person selected by the
secretary to acquire, construct, develop or create any part of the
broadband infrastructure.
(2) "Broadband infrastructure" means all facilities, hardware
and software and other intellectual property necessary to provide
broadband services in this state, including, but not limited to,
voice, video and data.
(3) "Broadband operator" means a person selected by the
secretary to operate any part of the broadband infrastructure.
(4) "Broadband services" means the services, including, but
not limited to, voice, video and data, that provide capacity for
transmission in excess of two hundred kilobits per second in at
least one direction, regardless of the technology or medium used,
including, but not limited to, wireless, copper wire, fiber-optic
cable or coaxial cable.
(5) "Department of Commerce" means the department within the
executive branch of West Virginia state government, established by
the provisions of subdivision (8), subsection (a), section two,
article one, chapter five-f of this code. It is headed by the
Secretary of Commerce, who is appointed by the Governor with the
advice and consent of the Senate.
(6) "E-business" means "electronic business" and includes any
business process that relies on automated information systems that
are principally performed with web-based technologies. E-business
involves business processes spanning electronic purchasing and
supply-chain management, the processing of orders electronically,
the handling of customer service and cooperation with business
partners. Special technical standards for e-business facilitate
the exchange of data between companies. E-business software
solutions allow the integration of intra- and inter-firm business
processes. E-business can be conducted using the world wide web
(web), the internet, intranets, extranets or a combination of these
tools.
(7) "E-commerce" means "electronic commerce" or any range of
transactions that consists primarily of the distributing, buying,
selling, marketing and servicing of products or services over an
electronic system such as the internet or other computer networks.
The information technology industry may view this activity as an
electronic business application aimed at commercial transactions.
In this context, e-commerce can involve electronic funds transfer,
supply-chain management, e-marketing, online marketing, online
transaction processing, electronic data interchange (EDI),
automated inventory management systems and automated data
collection systems. Electronic commerce typically uses the
electronic communications technology of the world wide web at some point in the transaction's lifecycle, although electronic commerce
frequently depends on computer technologies other than the world
wide web such as databases and e-mail and on other noncomputer
technologies such as transportation for physical goods sold via
e-commerce.
(8) "E-government" means "electronic government" or the use of
telecommunications technology to facilitate and provide for access
by the public to:
(A) Proceedings and operations of government;
(B) Records and information regarding the programs and
services that are currently implemented or are to be proposed or
discontinued by a governmental entity;
(C) Any records, not otherwise exempt by law from disclosure,
that are kept by governmental entities and that would otherwise be
available through nonweb-based means; and
(D) Transactions between the government and the public such as
a citizen's receipt and return of forms and applications,
including, but not limited to, driver's license applications, the
payment of fines or penalties, or the filing of taxes. "E-
government" also includes the use of telecommunications technology
to facilitate and provide for exchanges of information between
separate governmental entities, whether local, state or federal,
and the use of videoconferencing to conduct governmental
proceedings with remote participants, including, but not limited to, the establishment of telecourts that adequately provide for the
protection of the constitutional rights and privileges of persons
involved in civil or criminal litigation, such as arraignments,
hearings, conferences, trials and appeals held before such
tribunals, and allow for appropriate rulings to be made with
dispatch.
(9) "E-learning" means "electronic learning" or the use of
telecommunications technology to facilitate and provide education,
through lectures or other instructional training, as well as
providing access to stored knowledge and information and other
learning resources. The most common application of e-learning is
asynchronous e-learning which uses web-based learning modules but
does not support real time interaction between the instructor and
the students, and other asynchronous functions that typically
support the learning environment. Synchronous e-learning requires
more bandwidth than asynchronous e-learning and consists
principally of on-line real-time lectures which typically have to
be joined by students at the time of their delivery. Most
demanding in terms of bandwidth are forms of collaborative e-
learning in which students have to interact continuously to solve
problems or engage in other learning activities.
(10) "E-media and entertainment" means "electronic media" that
utilizes electronics or electromechanical energy for the end user
(audience) to access the content. This is in contrast to static media (mainly print media), which is most often created
electronically, but which does not require electronics to be
accessed by the end user in the printed form. The primary
electronic media sources familiar to the general public are better
known as video recordings, audio recordings, multimedia
presentations, slide presentations, CD-ROM and online content.
Most new media is in the form of digital media. However, electronic
media may be in either analog or digital format. Although the term
is usually associated with content recorded on a storage medium,
recordings are not required for live broadcasting and online
networking. Any equipment used in the electronic communication
process (e.g. television, radio, telephone, desktop computer, game
console, handheld device) may also be considered electronic media.
(11) "Facilitator" or "nonprofit facilitator" means a
nonprofit corporation or any other lawfully constituted not-for-
profit organization or entity that can:
(A) Ally itself with both public and private partners to form
a strategic alliance with governmental entities, technology-minded
companies, institutions of higher learning and any other public and
private entities that support the growth and expansion of
electronic access to technology, technology planning, public policy
and public-relations; and
(B) Design a workforce recruitment plan that will necessarily
be required to construct and implement the necessary broadband to which this state has committed, i.e., to provide access to the
internet for all of the citizens of this state.
(12) "Information equipment" includes central processing
units, front-end processing units, miniprocessors, microprocessors
and related peripheral equipment such as data storage devices,
networking equipment, services, routers, document scanners, data
entry equipment, terminal controllers, data terminal equipment,
computer-based word processing systems other than memory
typewriters;
(13) "Information systems" mean computer-based information
equipment and related services designed for the automated
transmission, storage, manipulation and retrieval of data by
electronic or mechanical means;
(14) "Information technology" means data processing and
telecommunications hardware, software, services, supplies,
personnel, maintenance and training and includes the programs and
routines used to employ and control the capabilities of data
processing hardware.
(15) "Local government" means any municipality, county, metro
or regional government, or entities or affiliates of such entities
in the state of West Virginia.
(16) "Person" means an individual, corporation, limited or
general partnership, joint venture, limited liability company or a
government entity, including state authorities, municipalities, counties, police, fire and other public safety organizations,
judicial entities, medical entities, schools, colleges,
universities, hospitals, libraries, community centers and local
economic development entities. Except to the extent that state
authorities, police, fire, and other public safety organizations,
judicial entities, medical entities, schools, colleges,
universities, hospitals and libraries may constitute state
entities, "person" does not include the State of West Virginia.
(17) "Public body" means a governmental entity or institution
and its employees, including, but not limited to, any department,
division, agency, bureau, board, commission, court of law in its
nonjudicial functions only, council, institution, spending unit,
authority or other instrumentality thereof of whatever description
of the State of West Virginia, or any county commission, or any
county board of education, or any incorporated municipality, metro
or regional government or any other political subdivision;
(18) "Technology infrastructure" means information systems,
information technology, information equipment and facilities,
equipment, lines and services designed for or used for the
transmission, emission or reception of signs, signals, writings,
images or sounds of intelligence of any nature by wire, radio,
microwave or other electromagnetic or optical systems, related
hardware, software and programming and specifically including, but
not limited to, all features, facilities, equipment, systems, functions, programming and capabilities and technical support used
by:
(
A) A cable operator;
(B) A commercial mobile service carrier;
(C) An open video system operator;
(D) A satellite carrier;
(E) A telecommunications carrier;
(F) Any other wireless carrier, providing current generation
broadband services or next generation broadband services to
subscribers through such qualified equipment; or
(G) Any carrier or operator using any other technology.
(19) "Telecommuting" means not only telecommuting, but also
includes or is related to "e-commuting", "e-work", "telework" or
"working from home" through an arrangement under which the employee
enjoys limited flexibility in working location and hours and avoids
commuting to a central place of work by utilizing telecommunication
links. Telework is a broader term, referring to substituting
telecommunications for any form of work-related travel, thereby
eliminating the distance restrictions of teleworking. A
telecommuting program requires a management style which is based on
results and not on close scrutiny of individual employees.
(20) "Telemedicine" means the use of telecommunications
technology to facilitate and broaden the application of the
practice of medicine, thus enabling healthcare providers to deliver health care services from a distance, including, but not limited
to, diagnosis, consultation, treatment, transfer of medical data,
use of remote medical instruments and equipment and generally
establishing a convenient means of delivering medical services to
patients for whom such services might otherwise be unavailable. In
addition to clinical applications, telemedicine also includes web-
based information and communications technology that can provide
education (including continuing education programs) and reduce the
administrative costs of health care providers.
(21) "West Virginia Development Office" means the executive
branch agency within the Department of Commerce whose primary
responsibility is economic development, for the purpose of
furnishing assistance to a new or existing business, as described
in section one, article two of this chapter.
§5B-4-3. Legislative findings generally.
The Legislature finds as follows:
(1) It is a primary goal of this state, by the year two
thousand ten, to make every municipality, community and rural area
in this state, border to border, accessible to the internet,
through the expansion and extension of broadband services and
technology.
(2) An increased availability of broadband technology will
allow more West Virginians to connect with the "information super-
highway" of the internet at high speeds. With present technology, West Virginia can feasibly take action to assure that all of its
citizens will have access to broadband services through cable
television or telephone networks that support two-way
communications using cable modems or telephone lines and also by
utilizing wireless mobile technologies, satellite transmissions and
other means of communication. Ultimately, other means of achieving
higher speed connections will be conceived, evolved and made
available for use as conduits for the transmission and diffusion of
data, information and knowledge. West Virginia must be positioned
to be on the edge of each such development.
(3) Access to broadband services and the accompanying
applications of broadband technology will provide the State of West
Virginia with the capacity to foster or support new economic and
social opportunities and developments locally, regionally,
nationally and internationally.
(4) In achieving this primary goal of maximizing internet
accessibility, particular concerns of the Legislature and the
executive branch of government should be concentrated on and
directed toward those of our citizens who are located in rural
areas of the state where access appears to be geographically or
physically difficult or economically impracticable. An idealized
achievement of this primary goal would equalize internet
availability to all of our citizens and communities, give them
access to the internet regardless of their location, provide them with the knowledge, information and technology available on the
internet and expose them to a myriad of other broadband digital
applications and services with their attendant benefits.
(5) The development of broadband and its diffusion to
residential subscribers is still in the early stages and the market
is far from mature. The expansion of broadband into unserved areas
of the state requires capital investments for financing, for
building the appropriate broadband infrastructure and for providing
the services and applications that can carry high speed data,
quality video and voice traffic. Deployment costs are high,
particularly in remote and scarcely populated areas. In these
circumstances, private operators often do not offer broadband
because it is not perceived as profitable to do so. This presents
a territorial gap in broadband coverage, with urban households and
businesses having ready options and access to broadband while rural
population areas may have no options for access. Moreover, in
rural areas, broadband speeds, if available, tend to be slower and
prices tend to be higher, thus discouraging the use by rural
consumers of more technically advanced services.
(6) The primary goal of subdivision (1) of this section may be
achieved by the legislative and executive branches of state
government by:
(A) Aggressively expanding and extending broadband and other
telecommunications services;
(B) Creating incentives for private and nonprofit entities to
establish broadband and other telecommunications services;
(C) Undertaking telecommunications planning at the local,
regional and state levels and requiring that in such planning, that
the participants shall include: (i) citizens and organizations
representing and speaking on behalf of the public; (ii) officers
of, or spokesmen for, any involved or affected governmental body;
and (iii) representatives of various private sectors, including,
but not limited to, representatives of industry and commerce,
healthcare and education and research;
(D) Removing barriers to the full deployment of broadband
digital applications and services and providing incentives for the
removal of those barriers; and
(E) Removing barriers to public-private partnerships in areas
of the state where business entities in the private sector are
unable to economically justify capital investments in the broadband
infrastructure.
(7) There is little doubt that rapid growth of the internet is
increasingly altering and driving our country in terms of commerce,
learning, medicine and other fields so that information technology
offers increased economic opportunities, higher living standards,
increased health, better education, more individual choices and
wider and more meaningful participation in government and public
life. The past decade has brought considerable advancement in telecommunications and the way people communicate worldwide.
Accordingly, telecommunications in general, and the internet in
particular, are becoming increasingly important to the efficient
and effective operation of both private and public sector entities.
With the advent of the internet and its applications to e-business,
e-commerce, e-government, telemedicine, e-learning, telecommuting
and media and entertainment, the ability of people in all parts of
this state to access the internet has become an important component
in the ability of the state and its people and institutions to
remain competitive in the information-based global economy.
§5B-4-4. Legislative findings related to business, commerce and
industry.
With regard to the projected impact of internet access on
business, commerce and industry, the Legislature finds that there
is a need to create and develop a foundation and structure for "e-
business", or "electronic business", as defined in subdivision (7),
section three of this article, and for "e-commerce" or "electronic
commerce" as defined in subdivision (8), section three of this
article.
(1) That a private nonprofit facilitator, in partnership with
government and private enterprise, will best enable the
implementation of a legislative plan to expand and extend the
boundaries of technology-based business and enhance West Virginia's
future workforce;
(2) That a broadband alliance formed by a nonprofit
facilitator and other entities should be focused on building and
sustaining a vital West Virginia economy through job creation and
improved business processes, technology, education and advocacy;
(3) That a significant part of the mission of a nonprofit
facilitator is to promote technology-based economic development for
the state by fostering collaboration among the leadership of public
and private companies, government agencies and institutions of
higher education and that by working with these entities the
private nonprofit facilitator will enable the State of West
Virginia to create more effective manufacturing processes, improve
communications, increase efficiency, expand market opportunities
and develop corporate growth strategies;
(4) That our modern economy is driven by processes and goods
with high technical content and superiority, competitiveness and
progress and such an economy relies upon a highly trained technical
workforce.
(5) That in the face of growing evidence that the dominance of
our national economy is eroding, we must assume that West
Virginia's ability to compete is also eroding and that in the
competition for economic development and quality jobs, West
Virginia must therefore be innovative and must sharpen its edge as
a competitor;
(6) That the citizens of West Virginia now live and work in the midst of an economic and cultural environment that connects the
world through advanced communications and information technology
and, accordingly, progressive policies and the innovative use of
technology present the State of West Virginia with an opportunity
to thrive in this new environment;
(7) That in order to compete and thrive, West Virginia must
proactively improve the ability of its citizens and businesses to
adopt and use advantageous resources;
(8) That the use of computers, the Internet and related
technologies advance the development of the skills that fuel a
progressive economy and, increasingly, companies will choose
locations and hire workers based upon the availability of workers
who possess technologically centric skills and resources.
§5B-4-5. Legislative findings related to access to government.
(a) The Legislature finds that Access to government
information is fundamental to our democratic society. Streamlining
state and local government processes through Internet-based tools
has proven to be a highly effective and cost-efficient way to
improve services.
(b) E-government can:
(1) Permit the resources, services and nonsecure information
of an agency of government to be promptly and easily electronically
accessed by other governmental entities or by constituents of
government, thus allowing those governmental bodies and their constituents to efficiently and economically interact;
(2) Facilitate communications and transactions between state
and local government bodies with vendors or contractors who provide
goods or services to governmental entities or to private programs
funded by public moneys;
(3) Ensure that West Virginia's governmental officers and
employees who deal directly with the public, wherever located in
the state, have access to high-speed internet connectivity so that
their electronic access will, for example, speed up license
renewals, provide online employment information and improve overall
service levels.
(c) As state and local governments provide an increasing
number of services online, the ability to access them through a
faster connection becomes paramount. Government, in partnership
with an alliance of a private nonprofit facilitator and other
entities, must take the lead in developing e-government solutions,
in reducing administrative costs and in increasing access to
services and the demand for broadband internet applications. As a
technology-based resource in those situations where private
investment in infrastructure is not available, a public-private
partnership with a facilitator can keep government officials
apprised of policy issues and build citizen participation through
the development of new applications, emergency preparedness
information, employment opportunities and links to other valuable governmental resources.
§5B-4-6. Legislative findings related to healthcare or
"telemedicine".
The Legislature finds as follows:
(1) New technologies are enabling doctors to view and send
medical images from any location with access to broadband services
securely and quickly.
(2) Broadband access can reduce the disadvantages of physical
remoteness from cities, connecting rural healthcare providers with
potentially life-saving information. In addition, consumers can
use the internet to search for health care information that was
previously only available by visiting their health care provider.
(3) The cost for health care providers to offer services
steadily increases, while the amount of revenue remains flat or
even decreases. As hospitals and physicians look for ways to lower
costs, broadband applications provide efficiencies and cost-saving
opportunities. Broadband connectivity can improve the quality of
services and profits for health care providers where reliability
is essential, speed is important and cost is a defining factor.
High-bandwidth connections enhance the dependability of web-based
mission-critical applications, reducing some of the cost and burden
of providing care. Ultimately, improved service levels are the key
to quality of life for both patients and physicians.
§5B-4-7. Legislative findings related to e-learning.
The Legislature finds as follows:
(1) State, business and education leaders use information
obtained through broadband communications in the design of their
plans for enhancing West Virginia's competitiveness in the
networked world.
(2) Access to information technology in West Virginia will
enhance the state's competitiveness in the networked world by
creating a better understanding of the existing technological
infrastructure, the availability of access to that infrastructure
and how it is being used today.
(3) Education leaders recognize the important role information
technology and broadband technologies will play in the long-term
success of the state's economy. Through the adoption of new
technologies, education resources can be made available to our
citizens, even in the most rural parts of West Virginia.
§5B-4-8. Technology infrastructure needs assessment, inventory and
mapping; agency and local government cooperation;
information gathering; reporting requirements; rule-
making authority.
(a) The state encourages the coordinated deployment and
operation of technology infrastructure for present and future use.
Therefore, it is necessary for the state to maintain an ongoing,
continually updated record of the nature and extent of its
technology infrastructure comprised of information systems, information equipment and information technology, the demands on
its technology infrastructure and those governmental entities which
use or desire to use the resources of the technology infrastructure
providing information services, cable service, advanced services,
broadband services, internet, internet protocol enabled services,
telecommunications services or similar services or support.
(b) The Secretary of the Department of Administration shall
develop systems and processes for maintaining accurate information
on the state of the technology infrastructure in the state on an
ongoing basis and conduct an infrastructure resources survey of the
deployment and operation of technology infrastructure in this
state. The secretary shall determine the form and format of the
information submitted, including the use of electronic submissions.
(c) To facilitate the infrastructure resources survey the
Secretary of the Department of Administration shall propose
emergency and legislative rules in accordance with article three,
chapter twenty-nine-a of this code. These rules may include:
(1) The manner of reporting the information;
(2) Promulgation of a form or forms for reporting purposes;
(3) A means of providing training to individuals responsible
for the completion and submission of the information on the
proposed form;
(4) A means of reporting back to individual participating
public bodies, from time to time, at the request of a public body, on findings specific to that body to allow the public body to
evaluate independently the information provided;
(5) A limitation that the information is to be used solely for
the purposes of this article;
(6) safeguards to protect the confidential information as
provided in section four of this article;
(7) Methodology for collection of information and the analysis
of the information;
(8) Protocols for an annual update of the infrastructure
resources survey including information collection, analysis and
reporting thereof by the Department of Administration.
(c) Every public body
shall complete an infrastructure
resources survey no later than the first day of October, two
thousand seven,
and a survey each year thereafter as provided in
rules promulgated pursuant to this section.
(d) The secretary shall file annually a report with the Joint
Legislative Oversight Commission on Transportation and
Infrastructure created in section five of this article. The report
shall generally advise the Joint Oversight Commission on
Transportation and Infrastructure about the deployment and
operation of technology infrastructure in this state
and to make
recommendations on policy and statutory changes that may be needed
.
The report shall include a discussion of each the following:
(1) The connectivity, priorities and interoperability of the technology infrastructure owned, leased or used by public bodies;
(2) The technology infrastructure that is owned, leased,
operated or used by the public bodies of the state;
(3) Technology infrastructure as it affects homeland security,
public safety and health, systems reliability and providing
continuity of government operations;
(4) Technology infrastructure
identifying potential market
demand areas where expanded resources may be expected;
(5) Practices or suggestions to coordinate development of
infrastructure
related to technology infrastructure and the
deployment of services between the public bodies through the
coordinated delivery of these systems; and
(6) Any other topic that may be beneficial in adequately
assessing technology infrastructure.
(e) To the extent technology infrastructure information is
readily provided by private persons or otherwise available, the
Secretary shall utilize and incorporate that data to fulfill the
reporting requirements of this section.
(f) The provisions of this section shall be of no force or
effect after the thirty-first day of December, two thousand ten.
§5B-4-9. Confidential information; exemption from disclosure.
(a) Information submitted by a public body as part of the
survey that may be a trade secret or otherwise confidential shall
be identified by that body as confidential information. The public body claiming confidentiality shall provide written justification
to the Secretary at the time the information is submitted stating
the reasons for confidentiality and why the information should not
be released.
(b) In addition to records or documents that may be considered
confidential under this code, confidential information means
records, reports or information, or a particular portion or any
combination or aggregation thereof, that if made public would
present a threat to the safety and security of any system or
component relating to the technology infrastructure and related
systems.
(c) Information designated as confidential and the written
justification shall be maintained in a file separate from the
general records related to the public body. The confidential
information will be exempt from disclosure requirements under this
code.
(d) Information designated as confidential may be released to
the Department of Administration, its employees and agents when
compiling and analyzing the infrastructure resources survey
information and as may be necessary to develop the report required
by this article. Any individual receiving information designated
confidential shall protect the information as confidential.
§5B-4-10. Joint Legislative Oversight Commission on Transportation
and Infrastructure.
The President of the Senate and the Speaker of the House of
Delegates shall each designate five members of their respective
houses, at least one of whom shall be a member of the minority
party, to serve on a joint legislative oversight commission charged
with immediate and ongoing oversight of transportation and
infrastructure matters, specifically including, but not limited to,
the ongoing oversight of the management and coordination of the
deployment and operation of infrastructure related to technology.
This commission shall be known as the Joint Legislative Oversight
Commission on Transportation and Infrastructure and shall regularly
investigate and monitor all matters relating to transportation and
infrastructure.
§5B-4-11. Powers and duties of the Secretary of Commerce
.
(a) The primary responsibility of the secretary is to foster
and support economic development and the advancement and
commercialization of new and emerging technologies through
collaborative agreements between business, industry and the state.
(b) The secretary has the authority and power to provide
consulting and additional services, including, but not limited to,
evaluation of technology, verification and assessment of market
applications, grant administration for any person engaged in
public-private collaborations with the department pertaining to
technology advancement and commercialization activities and
research into new areas of economic development relating to technology, technology infrastructure and telecommunications.
(c)
The secretary may receive and accept from any public body
or person or entity of any nature whatsoever grants to be expended
in accomplishing the objectives of this article and to receive and
accept state appropriations and grants from any public body and
from any other source, aid or contributions of either money,
property or other things of value to be held, used and applied only
for the purposes for which the grants and contributions may be made
or collect fees for consulting services rendered to any public
body.
(d) The secretary may
accept and expend any gift, grant,
contribution, bequest, endowment or other money for the purposes of
this article and to make a maximum effort to encourage external
support for programs intended to expand broadband infrastructure
into areas of the state not currently served. Any transfer of
endowment or other assets to the department shall be formalized in
a memorandum of agreement to assure, at a minimum, that any
restrictions governing the future disposition of funds are
preserved.
(e) The Secretary of Commerce may
promulgate rules to fulfill
the purposes of this section.
These rules are not subject to the
provisions of chapter twenty-nine-a of this code, but shall be
filed with the Secretary of State.
§5B-4-12. Need for study; reporting requirements; information gathering.
(a) The secretary shall enhance well-being, prosperity,
economic growth and community development through the ongoing study
and research into and development of best known methods regarding
the management practices, human factors and cultural changes
related to the implementation, operation and utilization of
technology, technology infrastructure and related services. For
the purposes of this section, "best known methods" refers to plans
that outline strategies and activities designed to continue,
diversify or expand the economic base of the state as a whole;
create jobs; develop a highly capable workforce; enhance
productivity; facilitate business access to capital, including
venture capital and capital markets; advertise and market the
resources offered by the state with respect to the technology needs
of business and industry; facilitate cooperation among state
government, entrepreneurship efforts, public private partnerships,
universities and colleges; and leverage funding from sources other
than the state, including federal and private sources.
(b)
Upon completion of a study of best known methods in
private industry and public policy, the chief officer shall file an
initial preliminary report with the Joint Legislative Oversight
Commission on Transportation and Infrastructure created in section
ten of this article no later than the first day of November, two
thousand seven. The report shall include consideration of the following:
(1) Strategies
and activities designed to continue, diversify
or expand the resources offered by the state with respect to the
technology needs of business and industry;
(2) Strategies to facilitate cooperation among state
government, local government, entrepreneurship efforts, public-
private partnerships and colleges and universities, with respect to
the technology needs of business and industry;
(3) Management and utilization of technology infrastructure
identifying potential growth areas where expanded resources may be
expected;
(4) Practices or methods to coordinate development and
utilization of technology infrastructure and the deployment of
technology infrastructure and related technology between public
bodies through the coordinated delivery of these systems; and
(5) Any other information that may be beneficial in adequately
assessing technology available in determining the need for and the
preparation of technology infrastructure plans.
(6) The secretary shall report annually to the Joint Oversight
Commission on Transportation and Infrastructure to advise the
commission about the deployment and operation of technology
infrastructure in this state and to make recommendations on policy
and statutory changes that may be needed.
(c)
In developing its study, the department shall consider resources and technical support available through other agencies,
both public and private, including, but not limited to, the state
college and university systems; the West Virginia Housing
Development Fund; the Consumer Advocates Office of the Public
Service Commission; the West Virginia Economic Development
Authority; the West Virginia Parkways, Economic Development and
Tourism Authority; the West Virginia Chamber of Commerce; regional
planning and development councils; for progress councils; and state
appropriations.
The Infrastructure and Jobs Development Council,
as created by the provisions of section three, article fifteen-a,
chapter thirty-one of this code, is also included with the above-
named agencies and entities, inasmuch as the broadband
infrastructure project or projects to be undertaken under the
provisions of this article are within the definition of the term
"infrastructure project"
as it is defined in subsection (l),
section two, article fifteen-a, chapter thirty-one of this code.
§5B-4-13. Providing technical and funding assistance to develop
technology infrastructure; contractual and joint
venture agreements.
(a) The department may:
(1) Provide assistance, including funding assistance to
develop technology infrastructure, and related technology through
a matching grant program. The department shall establish criteria
for awarding matching grants within the limits of funds appropriated by the Legislature for the program or as may be
available from other sources.
(2) Provide technical assistance, including consulting
services for a fee to one or more public bodies pertaining to the
development of technology and technology infrastructure.
(b) Enter into contractual or joint venture agreements with
one or more persons and public bodies pertaining to the development
of technology and technology infrastructure: Provided, That such
agreements may not be considered a debt of the state or a pledge of
the credit of the state.
§5B-4-14. Complete authority of article; liberal construction.
This article is full and complete authority for carrying out
the powers and duties of the same as herein provided. The
provisions of this article shall be liberally construed to
accomplish its purpose and no procedure or proceedings, notices,
consents or approvals, are required in connection therewith except
as may be prescribed by this article.
CHAPTER 18. EDUCATION.
ARTICLE 31A. UTILIZING BROADBAND INFRASTRUCTURE, TECHNOLOGY AND
IMPLEMENTATION TO ENHANCE EARLY CHILDHOOD
DEVELOPMENT.
§18-31A-1. Legislative findings.
The Legislature finds as follows:
(1) There is a commitment by state government to make every community and rural area in this state, border to border,
accessible to broadband services by the year two thousand ten.
(2) Access to broadband services and the accompanying
applications of broadband technology will provide the State of West
Virginia with the economic and social capacity to support new
opportunities and developments locally, regionally, nationally and
internationally.
(3) The expansion of broadband into unserved areas of the
state requires capital investments for financing and building the
appropriate broadband infrastructure and for providing the services
and applications that can carry high speed data, as well as quality
video and voice traffic.
(4) Developing and utilizing broadband applications that will
allow internet users to interact with educational programs
(e-learning) and to connect with other online databases, such as
e-commerce and telemedicine, will require capital investments and
the commitment of other resources, both public and private, in
these new and evolving information and communication technologies.
(5) The Electronic Telecommunication Open Infrastructure Act
(ETOPIA), created in article four, chapter five-e of this code,
has
been enacted to support the conception and implementation of
infrastructure and technology through nonprofit corporations, in
partnership and cooperation with providers of broadband services
and with the support of the West Virginia Department of Commerce and other agencies of state government.
(6) Establishing a broadband connection at a local school
will enable students to gain access, in the classroom, to the
knowledge and resources available on the internet, and through high
speed cable, DSL, wireless or other means, will enable students
access outside of the classroom. And, importantly, broadband
infrastructure will enable a school to provide interactive programs
that project information and training related to early childhood
development directly into the homes and families of children, zero
to eight, in the school's community.
(7) Mandating that the availability of broadband access is a
public or private service for all communities and rural areas in
this state requires recognition that the ongoing financial support
and resources of governmental and private entities must include the
costs of providing such access within their support and funding for
education, social services, administration, etc.
(8) Public and private entities, in executing the provisions
of ETOPIA as set forth in article four, chapter five-e of this
code, should be supported in their efforts to continue developing
and providing broadband infrastructure, information technologies
and appropriate applications of technologies. As those efforts
impact the area of early childhood development, ETOPIA should be
implemented in cooperation and partnership with programs conceived
and designed by the West Virginia Kids First Board.
§18-31A-2. Duties of state departments and agencies.
(a) The Department of Administration shall cooperate with the
West Virginia Kids First Board
to coordinate state resources as
they relate to the expansion of broadband technology so as
to
provide interactive programs that project information and training
related to early childhood development directly into the homes and
families of children, zero to eight.
(b) Not later than the first day of December, two thousand
seven, the Governor's Chief Technology Officer, within the
Department of Administration, in cooperation with the Department of
Commerce and the Department of Education, shall submit a report to
the Legislature that:
(1) Assesses the availability of, and access to, broadband
technology in homes and families with children zero to eight;
(2) Estimates the number of families with children zero to
eight who are using broadband technology in their homes;
(3) Estimates the unmet demand for broadband technology for
families with children zero to eight; and
(4) Sets forth a strategic plan to meet the demand described
in subdivision (3) of this subsection.
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(NOTE: The purpose of this bill is to authorize the
Department of Administration to conduct an inventory of the
technology infrastructure in the state and to authorize the
Department of Commerce to facilitate a public-private partnership
or partnerships to expand the broadband infrastructure system and
related services to businesses and the public in areas of the state not currently being served.
This article is new; therefore, underscoring and strike-
throughs have been omitted.)