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2026 Special Session I

Budget Amendments - HB30 (Conference Report)

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Authorize Use of VATI Balances for Cost Recovery (language only)

Item 103 #7c

Item 103 #7c

Commerce and Trade
Department of Housing and Community Development

Language

Page 108, line 1, strike "102" and insert "103".

Page 108, after line 49, insert:

"7. Out of the unobligated amounts in this paragraph, the Department may utilize up to $20,000,000 for the following purposes in paragraphs a. through c., listed in order of priority below:


a.1) The Department may establish a program to provide grants for unexpected costs incurred by broadband providers related to the expansion of broadband throughout the  Commonwealth. Such “Broadband Deployment Awards” are intended for reimbursement of unexpected make ready costs incurred by providers of broadband service expanding service to unserved areas pursuant to a state or federal grant. For purposes of this paragraph “unexpected make ready costs” shall be limited to related utility pole replacements and mid-span pole installations; railroad crossings; and, where cost-effective, undergrounding of broadband lines.

2) The Department shall establish an application process for broadband providers to apply for such Broadband Deployment Awards. The intent of such awards is to mitigate broadband deployment-related costs that applicants have already paid or committed to paying, rather than making deployment contingent on receipt of a Broadband Deployment Award. Applicants shall be required to submit the following information: (i) the amount of the requested funding; (ii) documentation sufficient to establish that the applicant has already paid or committed to spending the money necessary to complete the broadband deployment; (iii) an explanation as to why the actual make ready costs were higher than anticipated when the provider sought state or federal grant funding; and (iv) any other information, protections, or criteria determined by the Department as necessary to effectuate the provisions of this subparagraph 7. In evaluating applications for Broadband Deployment Awards, the Department shall ensure that such Broadband Deployment Awards are not awarded to providers that unreasonably underestimated or underbid their make ready costs when seeking state or federal grants.

b. The Department may restore telecommunications infrastructure damaged by a storm that was subsequently approved for a major disaster, as defined in § 44-146.16, Code of Virginia. This authorization shall only be permitted as a last resort and until such time that federal or additional state funds are available for such purpose.

c.1) The Department may establish a program to reimburse broadband providers for costs associated with relocating facilities located in public rights-of-way when such relocation is mandated by the Commonwealth or the federal government and such relocation includes infrastructure supported by a state general fund grant from the Virginia Telecommunications Intiative or federal funds. For purposes of this subparagraph 7, relocation expenses shall include, without limitation, relocation of broadband-related lines and facilities located along or across rights of way controlled by the Virginia Department of Transportation. This paragraph does not confer or imply a right to reimbursement of relocation expenses, only that such expenses are eligible for reimbursement at the Department's discretion.

2) The Department may develop and establish criteria and an application process for broadband providers to seek discretionary reimbursement for relocation expenses. The intent of such reimbursement is to ensure that reliable broadband service remains available throughout the Commonwealth and that providers are incentivized to maintain such service even in high-cost, low-customer density areas. Applicants for reimbursement shall be required to submit the following information: (i) information regarding the estimated or actual costs associated with the mandated re-location; (ii) the amount of broadband service locations that rely on the broadband facilities for service; (iii) the value of the facilities to be relocated; (iv) the age of the facilities to be relocated; and (v) any other information, protections, or criteria determined by the Department as necessary to effectuate the provisions of this subparagraph.

d. The Department shall work with the Virginia Department of Transportation to develop and implement an annual process identifying recently approved Virginia Telecommunications Initiative and Broadband Equity, Access and Deployment program projects against transportation projects in the annual Six-Year Improvement Program. The process is intended to help broadband providers avoid potential right of way conflicts as part of broadband project planning and pre- engineering activities. The annual process shall be completed no later than 90 days following adoption of the annual Six-Year Improvement Program, and to the best of its ability, the Department shall make grantees aware of its annual findings."



Explanation

(This amendment authorizes the Department of Housing and Community Development to use up to $20.0 million in Virginia Telecommunications Initiative Funds for costs related to Make Ready work, forced relocation of broadband infrastructure, and destruction of broadband lines by a natural disaster.)