AL Code § 41-23-274 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 23 - Department of Economic and Community Affairs.|Article 16 - Connect Alabama Act of 2021.|Section 41-23-274 - This Section Was Assigned by the Code Commissioner in the 2021 Regular Session, Effective May 17, 2021. This Is Not in the Current Code Supplement.

Section 41-23-274THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2021 REGULAR SESSION, EFFECTIVE MAY 17, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.  The division, in collaboration with the authority, shall have all of the following powers and duties: (1) To promote the expansion and availability of high-speed broadband networks, services, and technologies throughout the state, including, but not limited to, rural areas, underserved areas, and unserved areas of the state. (2) To develop and begin executing a statewide connectivity plan, as approved by the authority, to facilitate the expansion and availability of high-speed broadband networks, services, and technologies throughout the state, including a timeline for implementation of the plan. The Director of ADECA shall submit the proposed plan to the authority for approval on or before July 1, 2022. The plan must consider the need for broadband expansion in rural areas, underserved areas, and unserved areas, as well as any other obstacles to broadband adoption. It shall include recommendations for funding, and plans for implementation of the following objectives, including but not limited to: a. Evaluation of the state's existing long-haul and middle mile network. b. Projects for the development and expansion of a secure, reliable, robust, multi-purpose, and high-quality long-haul and middle mile fiber network throughout the state. Projects shall be implemented in the most cost effective and efficient manner for the state and should utilize existing, available infrastructure where it is consistent with the plan and meets the speeds, service quality, and other priorities established by this article, the plan, or the authority. c. Projects for providing last-mile infrastructure and lit services for specific applications and use cases that are determined by the division to be a priority supported by the network or portions of the network funded under the statewide connectivity plan.  d. Consideration of suggestions and recommendations of the Alabama Supercomputer Authority. (3) To implement the authority-approved statewide connectivity plan and to enter into contracts and leases for purposes consistent with the priorities of the plan. In developing the statewide connectivity plan, the division may seek input from incumbent Internet service providers, other service providers, and other owners and operators of infrastructure involved in providing high-speed broadband service. (4) To establish and administer a broadband accessibility grant program, in collaboration with the authority, for the purpose of promoting the deployment and adoption of high-speed broadband Internet networks, services, and technologies throughout the state, including, but not limited to, rural areas, underserved areas, and unserved areas of the state consistent with the requirements of this article. For three years following May 17, 2021, 70 percent of the state funds received by the Connect Alabama Fund shall be expended by the division for the extension of last-mile infrastructure in unserved areas at minimum speeds as determined by the statewide connectivity plan. After this time, all funds received for the statewide connectivity plan shall be expended according to the goals of the program and the statewide connectivity plan, as identified by the division, and subject to any applicable legal requirements. Federal and other funds received by the Connect Alabama Fund shall be expended by the division in accordance with the statewide connectivity plan and any legal requirements applicable to those funds. (5) To adopt rules and policies, as approved by ADECA, within 90 days of establishing and receiving the initial funding for the statewide connectivity plan, to administer the program and to begin to accept applications for grants, including any rules necessary to meet the future needs of the grant program. (6) To develop strategies and support efforts to attract and leverage grant funds, federal resources, and private investment in furtherance of this article. (7) To accept and receive funds, gifts, grants, property, labor, or other monetary or in-kind contributions of any type or from any source, including, but not limited to, federal and state grants, appropriations, loans, and loan guarantees. (8) To administer the distribution of funds, grants, loans, loan guarantees, or other funds and resources received by the division and to ensure that grant funds awarded under this article are used for the purposes specified in this article. (9) To promote and encourage private investments and applications for available grants. (10) To perform any other actions necessary or convenient for the implementation and administration of this article and in compliance with state and federal law. (Act 2021-465, §5.)