B. Any amount in any year in excess of $85,000 is drawn from funds otherwise available in the universal service fund. The commission is not authorized to require contributions to the state universal service fund for the purposes of this subsection in order to collect any amount in excess of $85,000 in any year.

The commission may, upon the request of the Department of Labor, Bureau of Rehabilitation Services and after a finding that the funds are necessary and that sufficient attempts have been made by the Bureau of Rehabilitation Services to maximize federal support to support emergency alert telecommunications service, transfer up to $60,000 in fiscal year 2005-06, up to $90,000 in fiscal year 2006-07 and up to $120,000 in any subsequent fiscal year from the state universal service fund established by this section to the Communications Equipment Fund established under Title 26, section 1419-A for the exclusive purpose of supporting the discount program established under Title 26, section 1419-A, subsection 6.

The commission may require contributions to the state universal service fund in an amount necessary to collect amounts transferred pursuant to this subsection.

Sec. 4. Recommendations. The Public Utilities Commission, in consultation with the Department of Labor, Bureau of Rehabilitation Services, shall make recommendations to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters prior to January 31, 2008 on whether the amount of funding authorized to be transferred pursuant to this subsection to the discount program established under Title 26, section 1419-A, subsection 6 is appropriate and sufficient and whether adjustments should be made to the authorized amount.

Sec. 5. Appropriations and allocations. The following appropriations and allocations are made.

LABOR, DEPARTMENT OF

Communications Equipment Fund

Initiative: Allocates funds to provide discounts of up to $10 per month to deaf or hard-of-hearing persons with incomes of less than 135% of the federal poverty level for the service charge for any wireless communications device or 2-way pager that is used to receive emergency alerts issued by any state or federal agency.