SB 573 — Virginia Public Safety Communications Infrastructure Fund; definitions, created.

SESSION INTRODUCEDSENATE 24102499DSUBSTITUTE I24107165D SENATE BILL NO.

573 OfferedAMENDMENT JanuaryIN 10,THE 2024NATURE NOF PrefiledA JanuarySUBSTITUTE 10,(Proposed 2024by Tthe ASenate BsectionCommittee numberedon 9.1-1600,Finance relatingand Appropriations on February 7, 2024) (Patron Prior to Substitute––Senator Obenshain) A BILL to amend the Code of Virginia Publicby Safetyadding Communicationsin InfrastructureTitle Rrant9.1 Funda andchapter Programnumbered established.16, consisting of Infrastructure Fund;

––––––––––established.1-1601, Orelating Patron––Obenshain D –––––––––– Referred to CommitteeVirginia forPublic CourtsSafety ofCommunications Justice U –––––––––– C Be it enacted by the General Assembly of Virginia:

of1. a section numbered 9.1-1600, as follows:adding in Title 9.1 a chapter numbered 16, consistinE CHAPTER 16.

DThat VIRGINIAthe PUBLICCode SAFETYof COMMUNICATIONSVirginia INFRASTRUCTUREis GRANTamended FUNDby ANDadding PROGRAM.in Title 9.1 a chapter numbered 16, consisting of sections numbered 9.1-1600 and 9.1-1601, as follows:

CHAPTER 16.

VirginiaDefinitions. Public Safety Communications Infrastructure Grant Fund and Program.

A.SAFETY COMMUNICATIONS INFRASTRUCTURE FUND.

ThereS isAs herebyused created in thethis statechapter, treasuryunless a special nonreverting fund to be known as the Virginiacontext Publicrequires Safetyotherwise: Communications Infrastructure Fund (the Fund).

The"Authority" Fundmeans shall be established on the booksVirginia ofResources theAuthority Comptroller,created shallin beChapter administered21 by(§ the62.1-197 Departmentet seq.) of EmergencyTitle Management62.1. (the Department), and shall be financially managed by the Virginia Resources Authority.

All"Cost," fundsas fromapplied to any project financed under the investmentprovisions of fundsthis inchapter, means the Fundtotal andof anyall gifts,costs donations,incurred grants,by bequests,the local government as reasonable and othernecessary fundsfor receivedcarrying onout itsall behalfworks shalland beall paidnecessary intodevelopmental, theplanning, stateand treasuryfeasibility studies, surveys, plans, and creditedspecifications;ation, toarchitectural, theengineering, Fund.financial, legal, or other special services;

the cost of acquisitioT of land and any buildings and improvements thereon, including the discharge of any obligations of the sellers of such land, buildings, or improvements;

site preparation and development, including demolition oE removal of existing structures;

construction and reconstruction;

labor;

materials, machinery, and equipment;

the reasonable costs of financing incurred by the local government in the course of the funds borrowed to finance the project to a date subsequent to the estimated date the project is to be on placed in service;

necessary expenses incurred in connection with placing the project in service;

the funding of accounts and reserves that the Authority may require;

and the cost of other items thUt the Authority determines to be reasonable and necessary.

B "Department" means the Department of Emergency Management created in Chapter 3.2 (§ 44-146.13 et "Fund" means the Virginia Public Safety Communications Infrastructure Fund created by this S chapter.

T 36 "Local government" means any county, city, town, municipal corporation, authority, district, 37 commission, or political subdivision created by the General Assembly or pursuant to the Constitution or 38 laws of the Commonwealth or any combination of any two or more of the foregoing.

T 39 "Project" means all or any part of improvements relating to public safety radio and communicUtions and any other equipment or facilities necessary or desirable in connection therewith or incidentalems thereto.

T § 9.1-1601.

Virginia Public Safety Communications Infrastructure Fund.

E A.

With funds appropriated for such purpose, there is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Public Safety Communications Infrastructure Fund.

The and shall be financially managed by the Authority.

All funds appropriated for such purpose, receipts from and income from the investment of funds in the Fund, and any gifts, donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to the Fund.

Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revertrevSrt to the general fund but shall remain in the Fund.

Moneys in the Fund shall be used solely for purposespurposes5of ofmore (i)than awarding15 grantspercent onof aunobligated competitivemoneys basisin to local governments through the VirginiaFund Publicshall Safetybe Communicationsallocated Infrastructurefor Programgrant establisheduses, pursuantand toin subsectionno B,case (ii)shall makinggrants low-interestfrom orthe zero-interestFund loansbe used to localfund governments through the Virginiaentire Publiccost Safetyof Communicationsan Infrastructureapproved Programlocal Communicationsproject. Infrastructure Program established pursuant to subsection B.

However,1 noExpenditures moreand thandisbursements Safetyfrom 15 percent of unobligated moneys in the Fund shall be allocatedmade forby grantthe uses,State andTreasurer inon nowarrants caseissued shallby grants from the FundComptroller beupon usedwritten torequest fundsigned by the entireState costCoordinator of anEmergency approvedManagement. local project.

ExpendituresB. and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the :

35Grants Comptrollershall uponbe writtenawarded requeston signeda bycompetitive basis from such funds as may be available from the StateFund Coordinatorto localities for the purpose of Emergencyassisting Management.with improvement projects relating to public safety radio SB573S1 2 of 2 and communications infrastructure.

36The B.Department shall establish and publish guidelines and criteria for grant awards, including guidelines and criteria governing applications to the Department and grant recipients relating to improvements to public safety radio and communications infrastructure;

The Virginia Public Safety Communications Infrastructure Grant Program (the Program) is / 37 hereby established for the purpose, subject to appropriation, of awarding grants on a competitive basis 38 and making low-interest or zero-interest loans from such funds as may be available from the Fund to communications infrastructure.

The Program shall be administered by the Department.

In administeringd the Program, the Department shall establish and publish guidelines and criteria for grant awards or loans, including guidelines and criteria governing applications to the Department and grant or loan recipients relating to improvements to public safety radio and communications infrastructure;

and provide assistance and oversight for projects funded through the Program.Fund.

and (iii) serve areas with a high fiscal stress low-interestindex orscore; zero-interest loans, partial grants, or a combination of loans and grants to help finance the costs of new or replacement public safety communications systems.