Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 19 - MISSISSIPPI ELECTRIC COOPERATIVES BROADBAND COVID-19 ACT (§§ 77-5-901 — 77-5-911) › Section 77-5-903 - Legislative findings and declarations; Mississippi Electric Cooperatives Broadband COVID-19 Grant Program Fund created; Covid-19 Broadband Provider Grant Program Fund created; definitions; transfer of unobligated monies to Unemployment Compensation Fund

(1)
The Legislature finds and declares that the State of Emergency and ongoing public health crisis related to COVID-19 has caused significant challenges in the immediate delivery of educational, health care and other services. The Legislature further finds and declares that due to the COVID-19 pandemic there is an immediate increased need for reliable internet service in rural Mississippi, including expanded rural broadband capacity to facilitate and assist with distance learning, telemedicine, and telework, which is required for citizens to continue their education, receive necessary services, and work in a healthy and safe environment.
(2)
Therefore, as part of this state's response to the COVID-19 public health emergency, the Legislature determines that it is necessary to create and there is hereby created in the State Treasury a special fund to be designated as the "Mississippi Electric Cooperatives Broadband COVID-19 Grant Program Fund," which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. The Department of Finance and Administration, in conjunction with the Mississippi Public Utilities Staff, shall establish the "Mississippi Electric Cooperatives Broadband COVID-19 Grant Program" ("Cooperative Program") to provide grants to electric cooperatives for the purpose of expanding immediately broadband access in unserved and underserved areas of the State of Mississippi, as determined by the Mississippi Public Utilities Staff which the Legislature hereby finds and determines are necessary expenditures due to the public health emergency with respect to COVID-19.
(3)
The Legislature further determines, as part of this state's response to the COVID-19 public health emergency, that it is necessary to create and there is hereby created in the State Treasury a special fund to be designated as the "COVID-19 Broadband Provider Grant Program Fund," which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund; and the Department of Finance and Administration, in conjunction with the Mississippi Public Utilities Staff, shall establish the "COVID-19 Broadband Grant Program" ("General Program") to provide grants to broadband providers, as defined in subsection (4) of this section, for the purpose of expanding broadband access in unserved and underserved areas of the State of Mississippi, as determined by the Mississippi Public Utilities Staff, which the Legislature hereby finds and determines are necessary expenditures due to the public health emergency with respect to COVID-19.
(4)
As used in this article, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a)
"Applicant" means an electric cooperative or broadband provider that makes an application for a grant under this article.
(b)
"Broadband affiliate" means any entity that is (i) wholly or partially owned by an electric cooperative, and (ii) formed to own or operate a broadband system or provide broadband services.
(c)
"Broadband provider" means an entity that (i) is not an electric cooperative or an affiliate of an electric cooperative and (ii) is authorized to provide broadband services in Mississippi.
(d)
"Broadband services" means any service that consists of or includes the provision of or connectivity to a high-speed, high-capacity transmission medium that can carry signals from or to multiple sources at a rate not less than one hundred (100) megabits per second in the downstream direction and not less than one hundred (100) megabits per second in the upstream direction, and that either:
(i)
is used to provide access to the internet, or
(ii)
provides computer processing, information storage, information content or protocol conversion, including any service applications or information service provided over such high-speed access service.
(e)
"Census block" means a geographic area defined as a census block by the United States Department of Commerce, Bureau of the Census, in conducting the 2010 decennial census.
(f)
"COVID-19" means the Coronavirus Disease 2019;
(g)
"Department" means the Department of Finance and Administration; and
(h)
"Electric cooperative" means a corporation formed or operating under Section
77-5-201
et seq.
(i)
"Grant Funds" means the "Mississippi Electric Cooperatives Broadband COVID-19 Grant Program Fund" and the "COVID-19 Broadband Provider Grant Program Fund."
(j)
"Grant Programs" means the "Mississippi Electric Cooperatives Broadband COVID-19 Grant Program" and the "COVID-19 Broadband Provider Grant Program."
(k)
"Primary application" means the initial application filed by an applicant under this article for the purpose of obtaining a grant from one (1) of the grant funds.
(l)
"Public Utilities Staff" or "staff" means the Mississippi Public Utilities Staff.
(m)
"Public Utilities Staff Regulation Fund" means the fund established under Section
77-2-19
.
(n)
"Secondary application" means an application filed by an applicant under this article after its primary application has been filed and that is submitted for the purpose of obtaining an additional grant from one (1) of the grant funds. Approved grants for secondary applications will be distributed from each grant fund on a pro rata basis, as determined by the department.
(o)
"Tertiary application" means an application filed by an electric cooperative after its secondary application has been filed and that is submitted for the purposes of obtaining an additional grant from the Mississippi Electric Cooperatives Broadband COVID-19 Grant Program Fund.
(5)
Unexpended amounts remaining in either of the grant funds at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the grant funds shall be deposited to the credit of the grant funds, respectively. Monies in the grant funds shall be used for the purpose of providing payments to eligible applicants as provided in this article. Monies in the grant funds shall be administered and disbursed by the department and Staff in compliance with this article and in compliance with the guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, of the United States Department of the Treasury regarding the use of monies from the Coronavirus Relief Fund established in Section 5001 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. If on October 1, 2020, there are unobligated monies in one or both of the grant funds, or if at any other time undistributed monies in either grant funds are determined by the department to be ineligible to be spent by the department, those monies shall be transferred into the Unemployment Compensation Fund.
Amended by Laws, 2020, ch. 495, SB 3054,§ 1, (became law without the Governor's signature on September 1, 2020).
Added by Laws, 2020, ch. 487, SB 3046,§ 3, (became law without the Governor's signature on July 9, 2020).