                                 CODE OF VIRGINIA

COMMONWEALTH BROADBAND CHIEF ADVISOR (§ 2.2-205.2)

A. The position of Commonwealth Broadband Chief Advisor (Chief Advisor) is
hereby established within the office of the Secretary of Commerce and Trade.

   1. The purpose of the Chief Advisor is to serve as Virginia&#8217;s single
   point of contact and integration for broadband issues, efforts, and
   initiatives and to increase the availability and affordability of broadband
   throughout all regions of the Commonwealth.

   2. The Chief Advisor shall be selected for his knowledge of, background in,
   and experience with information technology, broadband telecommunications, and
   economic development in a private, for-profit, or not-for-profit organization.

B. The Chief Advisor shall be designated by the Secretary of Commerce and Trade.
Staff for the Chief Advisor shall be provided by the Center for Innovative
Technology (CIT) and the Department of Housing and Community Development (DHCD).
All agencies of the Commonwealth shall provide assistance to the Chief Advisor,
upon request.

C. The Chief Advisor shall:

   1. Integrate activities among different federal and state agencies and
   departments, and localities, and coordinate with Internet service providers in
   the Commonwealth;

   2. Provide continual research into public grants and loans, in addition to
   private and nonprofit funding opportunities, available to provide incentives
   and help defray the costs of broadband infrastructure buildouts and upgrades;

   3. Maintain broadband maps, the Integrated Broadband Planning and Analysis
   Toolbox, and other data to help decision makers understand where broadband
   needs exist and help develop strategies to address these needs;

   4. Continually monitor and analyze broadband legislative and policy
   activities, as well as investments, in other nations, states, and localities
   to ensure that the Commonwealth remains competitive and up to date on best
   practices to address the Commonwealth&#8217;s unique broadband needs, create
   efficiencies, target funding, and streamline operations;

   5. Monitor the trends in the availability and deployment of and access to
   broadband communications services, which include, but are not limited to,
   high-speed data services and Internet access services of general application,
   throughout the Commonwealth and advancements in communications technology for
   deployment potential;

   6. Research and evaluate emerging technologies to determine the most effective
   applications for these technologies and their benefits to the Commonwealth;

   7. Monitor federal legislation and policy, in order to maximize the
   Commonwealth&#8217;s effective use of and access to federal funding available
   for broadband development programs, including but not limited to the Connect
   America Fund program;

   8. Coordinate with Virginia agencies and departments to target funding
   activities for the purpose of ensuring that Commonwealth funds are spent
   effectively to increase economic and social opportunities through widespread
   and affordable broadband deployment;

   9. Coordinate with Virginia agencies and departments, including, but not
   limited to, DHCD, the Virginia Tobacco Region Revitalization Commission, and
   the Virginia Resources Authority, to review funding proposals and provide
   recommendations for Virginia grants and loans for the purpose of ensuring that
   Commonwealth funds are spent effectively on projects most likely to result in
   a solid return on investment for broadband deployment throughout the
   Commonwealth;

   10. Serve as a central coordinating position and repository for any
   broadband-related projects and grants related to the mission herein,
   including, but not limited to, information from DHCD, the Virginia Tobacco
   Region Revitalization Commission, the CIT, the Virginia Growth and Opportunity
   Board, and the Virginia Resources Authority;

   11. Support the efforts of both public and private entities within the
   Commonwealth to enhance or facilitate the deployment of and access to
   competitively priced advanced electronic communications services and Internet
   access services of general application throughout the Commonwealth;

   12. Specifically work toward establishing affordable, accessible broadband
   services to unserved areas of the Commonwealth and monitor advancements in
   communication that will facilitate this goal;

   13. Advocate for and facilitate the development and deployment of
   applications, programs, and services, including but not limited to telework,
   telemedicine, and e-learning, that will bolster the usage of and demand for
   broadband level telecommunications;

   14. Serve as a broadband information and applications clearinghouse for the
   Commonwealth and a coordination point for broadband-related services and
   programs in the Commonwealth;

   15. After consultation with the Virginia Growth and Opportunity Board, the
   Broadband Advisory Council, and the Joint Commission on Technology and
   Science, (i) develop a strategic plan that includes specific objectives,
   metrics, and benchmarks for developing and deploying broadband communications,
   including in rural areas, which minimize the risk to the Commonwealth&#8217;s
   assets and encourage public-private partnerships, across the Commonwealth;
   such strategic plan and any changes thereto shall be submitted to the
   Governor, the Chairman of the House Committee on Appropriations, the Chairman
   of the Senate Committee on Finance and Appropriations, the Chairman of the
   Joint Commission on Technology and Science, the Chairman of the Broadband
   Advisory Council, and the Chairman of the Virginia Growth and Opportunity
   Board and (ii) present to these organizations annually on updates, changes,
   and progress made relative to this strategic plan, other relevant broadband
   activities in the Commonwealth, and suggestions to further the objectives of
   increased broadband development and deployment, including areas such as, but
   not limited to, the following: education, telehealth, economic development,
   and workforce development, as well as policies that may facilitate broadband
   deployment at the state and local level; and

   16. Submit to the Governor and the General Assembly an annual report for
   publication as a report document as provided in the procedures of the Division
   of Legislative Automated Systems for the processing of legislative documents
   and reports on broadband development and deployment activities that shall
   include, but not be limited to, the following areas: education, telehealth,
   workforce development, and economic development in regard to (i) broadband
   deployment and program successes, (ii) obstacles to program and resource
   coordination, (iii) strategies for improving such programs and resources
   needed to help close the Commonwealth&#8217;s rural digital divide, and (iv)
   progress made on the objectives detailed in the strategic plan. The Chief
   Advisor shall submit to the Governor and the General Assembly an annual
   executive summary of the interim activity and work of the Chief Advisor no
   later than the first day of each regular session of the General Assembly. The
   executive summary shall be submitted for publication as a report document as
   provided in the procedures of the Division of Legislative Automated Systems
   for the processing of legislative documents and reports and shall be posted on
   the General Assembly&#8217;s website.

D. The Chief Advisor may form such advisory panels and commissions as deemed
necessary, convenient, or desirable to advise and assist in exercising the
powers and performing the duties conferred by this section. Persons appointed to
advisory committees shall be selected for their knowledge of, background in, or
experience with information technology, broadband telecommunications, or
economic development in a private, for-profit, or not-for-profit organization.

E. The disclosure requirements of Article 5 (&#xA7; 2.2-3113 et seq.) of the
State and Local Government Conflict of Interests Act shall apply to members of
the advisory committees.

HISTORY: 2018, c. 766; 2020, c. 738.