Kentucky Statutes 224A.112 – Creation of infrastructure revolving fund and broadband deployment fund — Purpose — Use of moneys
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(1) The infrastructure revolving fund shall be established in the State Treasury and shall be administered by the authority. The fund shall be a dedicated fund, and all moneys in the fund shall be allocated and dedicated solely to providing financial assistance to governmental agencies, and investor-owned water systems as provided for in KRS § 96.540, 224A.306, 224A.308, and 224A.310, for the construction or acquisition of infrastructure projects through an account designated as the 2020 water service account.
(2) The broadband deployment fund shall be established in the State Treasury and shall be administered by the office. The fund shall be a dedicated fund, and all moneys in the fund shall be allocated and dedicated solely to providing grant funds to governmental agencies and private sector entities to construct infrastructure for the deployment of broadband service to households and businesses in underserved or unserved areas of the Commonwealth through an account designated as the broadband deployment fund.
(3) Funds in subsections (1) and (2) of this section shall not be commingled and shall be used only for the stated purposes in subsections (1) and (2) of this section.
(4) The financial assistance which may be provided by the revolving fund shall be limited to:
(a) Making loans, on the condition that the loans are made at or below market interest rates, including interest free loans, at terms not to exceed thirty (30) years and that the fund will be credited with all payments of principal and interest on all loans;
(b) Purchasing or guaranteeing, or purchasing insurance for, local or state obligations when the action would improve credit market access or reduce interest rates;
(c) Providing a source of revenue or security for the payment of principal and interest on bonds or notes issued by the authority or other agencies of the state if the proceeds of the sale of the bonds will be deposited in the fund;
(d) Providing moneys with which to carry out the requirements of assistance agreements; and
(e) Making grants as funds specifically appropriated for grants or proceeds from the sale of the authority’s revenue bonds are available.
(5) The revolving fund shall be established, maintained, and credited with repayments and the fund balance shall be available in perpetuity for its stated purposes.
(6) The authority may provide financial assistance from the revolving fund to supplement assistance provided from the federally assisted wastewater revolving fund as created in KRS § 224A.111.
(7) The authority shall advise governmental agencies of the availability of the infrastructure revolving fund and how moneys may be obtained from the fund.
(8) The authority may enter into any necessary or required agreement with federal or state agencies or persons to carry out the provisions of this section. All state
agencies shall cooperate with the authority and share information with the authority as appropriate to accomplish the purposes set out in KRS § 224A.300.
(9) Moneys in the broadband deployment fund are hereby appropriated for the purposes set forth in this section and KRS § 224A.1121.
(10) Notwithstanding KRS § 45.229, any moneys remaining in the broadband deployment fund at the close of the fiscal year shall not lapse but shall be carried forward into the succeeding fiscal year to be used for the purposes set forth in this section and KRS § 224A.1121.
(11) Interest earned on moneys in the broadband deployment fund shall stay in the fund.
Effective:April 14, 2022
History: Amended 2022 Ky. Acts ch. 202, sec. 3, effective April 14, 2022. — Amended 2020 Ky. Acts ch. 72, sec. 3, effective July 15, 2020. — Amended
2006 Ky. Acts ch. 134, sec. 2, effective July 12, 2006. — Amended 2000 Ky. Acts ch. 529, sec. 19, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 69, sec. 75, effective July 15, 1998. — Amended 1992 Ky. Acts ch. 105, sec. 57, effective July 14, 1992. — Created 1988 Ky. Acts ch. 124, sec. 12, effective March 31, 1988.
(2) The broadband deployment fund shall be established in the State Treasury and shall be administered by the office. The fund shall be a dedicated fund, and all moneys in the fund shall be allocated and dedicated solely to providing grant funds to governmental agencies and private sector entities to construct infrastructure for the deployment of broadband service to households and businesses in underserved or unserved areas of the Commonwealth through an account designated as the broadband deployment fund.
Terms Used In Kentucky Statutes 224A.112
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Authority: means the Kentucky Infrastructure Authority, which is created by this chapter. See Kentucky Statutes 224A.011
- Broadband deployment fund: means a fund to assist with the construction, development, or improvement of broadband infrastructure, broadband services, or technologies that constitute a part of, or are related to, broadband infrastructure or broadband services, to provide for broadband service in underserved or unserved areas of the Commonwealth. See Kentucky Statutes 224A.011
- Construction: means and includes but is not limited to:
(a) Preliminary planning to determine the economic and engineering feasibility of infrastructure projects, the engineering, architectural, legal, fiscal, and economic investigations, and studies necessary thereto, and surveys, designs, plans, working drawings, specifications, procedures, and other actions necessary to the construction of infrastructure or solid waste projects. See Kentucky Statutes 224A.011 - Federal: refers to the United States. See Kentucky Statutes 446.010
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Infrastructure revolving fund: means that fund which will receive state funds, the proceeds from the sale of revenue bonds of the authority or other moneys earmarked for that fund for the purpose of providing loans or grants to finance construction or acquisition of infrastructure projects as defined in this section. See Kentucky Statutes 224A.011
- Office: means the Office of Broadband Development. See Kentucky Statutes 224A.011
- State: means the Commonwealth of Kentucky. See Kentucky Statutes 224A.011
- Wastewater: means any water or liquid substance containing sewage, industrial waste, or other pollutants or contaminants derived from the prior use of these waters. See Kentucky Statutes 224A.011
- Year: means calendar year. See Kentucky Statutes 446.010
(3) Funds in subsections (1) and (2) of this section shall not be commingled and shall be used only for the stated purposes in subsections (1) and (2) of this section.
(4) The financial assistance which may be provided by the revolving fund shall be limited to:
(a) Making loans, on the condition that the loans are made at or below market interest rates, including interest free loans, at terms not to exceed thirty (30) years and that the fund will be credited with all payments of principal and interest on all loans;
(b) Purchasing or guaranteeing, or purchasing insurance for, local or state obligations when the action would improve credit market access or reduce interest rates;
(c) Providing a source of revenue or security for the payment of principal and interest on bonds or notes issued by the authority or other agencies of the state if the proceeds of the sale of the bonds will be deposited in the fund;
(d) Providing moneys with which to carry out the requirements of assistance agreements; and
(e) Making grants as funds specifically appropriated for grants or proceeds from the sale of the authority’s revenue bonds are available.
(5) The revolving fund shall be established, maintained, and credited with repayments and the fund balance shall be available in perpetuity for its stated purposes.
(6) The authority may provide financial assistance from the revolving fund to supplement assistance provided from the federally assisted wastewater revolving fund as created in KRS § 224A.111.
(7) The authority shall advise governmental agencies of the availability of the infrastructure revolving fund and how moneys may be obtained from the fund.
(8) The authority may enter into any necessary or required agreement with federal or state agencies or persons to carry out the provisions of this section. All state
agencies shall cooperate with the authority and share information with the authority as appropriate to accomplish the purposes set out in KRS § 224A.300.
(9) Moneys in the broadband deployment fund are hereby appropriated for the purposes set forth in this section and KRS § 224A.1121.
(10) Notwithstanding KRS § 45.229, any moneys remaining in the broadband deployment fund at the close of the fiscal year shall not lapse but shall be carried forward into the succeeding fiscal year to be used for the purposes set forth in this section and KRS § 224A.1121.
(11) Interest earned on moneys in the broadband deployment fund shall stay in the fund.
Effective:April 14, 2022
History: Amended 2022 Ky. Acts ch. 202, sec. 3, effective April 14, 2022. — Amended 2020 Ky. Acts ch. 72, sec. 3, effective July 15, 2020. — Amended
2006 Ky. Acts ch. 134, sec. 2, effective July 12, 2006. — Amended 2000 Ky. Acts ch. 529, sec. 19, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 69, sec. 75, effective July 15, 1998. — Amended 1992 Ky. Acts ch. 105, sec. 57, effective July 14, 1992. — Created 1988 Ky. Acts ch. 124, sec. 12, effective March 31, 1988.