HB4001 HFA Linville 3-2 #1

Casto 3264

Delegate Linville moved to amend the bill on page 3, line 45, by inserting the following new section:

§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 100 percent of public money, the project or extension shall be a carrier neutral and open access project.

Adopted

Rejected