Bill Text: IA HF848 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act relating to broadband service, including matters under the purview of the office of the chief information officer, the empower rural Iowa broadband grant fund, and including effective date and applicability provisions. (Formerly HF 796, HSB 133.)
Spectrum: Committee Bill
Status: (Passed) 2021-04-28 - Signed by Governor. H.J. 1032. [HF848 Detail]
Download: Iowa-2021-HF848-Enrolled.html
House
File
848
-
Enrolled
House
File
848
AN
ACT
RELATING
TO
BROADBAND
SERVICE,
INCLUDING
MATTERS
UNDER
THE
PURVIEW
OF
THE
OFFICE
OF
THE
CHIEF
INFORMATION
OFFICER,
THE
EMPOWER
RURAL
IOWA
BROADBAND
GRANT
FUND,
AND
INCLUDING
EFFECTIVE
DATE
AND
APPLICABILITY
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
8B.1,
subsections
5,
13,
and
14,
Code
2021,
are
amended
to
read
as
follows:
5.
“Facilitate”
means
a
communication
service
provider’s
ability
to
provide
broadband
service
at
or
above
the
download
and
upload
speeds
specified
in
the
definition
of
targeted
service
area
in
this
section
or
section
8B.11,
subsection
5
,
paragraph
“a”
,
if
applicable,
to
a
home,
farm,
school,
or
business
within
a
commercially
reasonable
time
and
at
a
commercially
reasonable
price
upon
request
by
a
consumer.
13.
“Targeted
service
area”
means
any
of
the
following:
a.
A
United
States
census
bureau
census
block
located
in
this
state,
including
any
crop
operation
located
within
the
census
block,
or
other
geographic
unit
the
office
sets
by
rule,
within
which
no
communications
service
provider
offers
or
facilitates
broadband
service
at
or
above
the
tier
1,
tier
2,
or
tier
3
download
and
upload
speeds
identified
by
the
federal
communications
commission
pursuant
to
section
706
of
the
federal
Telecommunications
Act
of
1996
,
as
amended
.
As
used
in
this
subsection:
House
File
848,
p.
2
(1)
“Tier
1”
means
a
maximum
download
speed
of
less
than
twenty-five
megabits
per
second
and
a
maximum
upload
speed
of
less
than
three
megabits
per
second.
(2)
“Tier
2”
means
a
minimum
download
speed
of
greater
than
or
equal
to
twenty-five
megabits
per
second
but
less
than
fifty
megabits
per
second.
(3)
“Tier
3”
means
a
minimum
download
speed
of
greater
than
or
equal
to
fifty
megabits
per
second
but
less
than
eighty
megabits
per
second.
b.
Any
geographic
area,
as
the
office
sets
by
rule,
that
is
materially
underserved
by
broadband
service
such
that
the
download
and
upload
speeds
identified
by
the
federal
communications
commission
pursuant
to
section
706
of
the
federal
Telecommunications
Act
of
1996
,
as
amended,
of
the
broadband
service
in
the
geographic
area
tier
1,
tier
2,
and
tier
3
download
and
upload
speeds
are
not
meaningfully
available.
The
office’s
power
to
determine
the
geographic
area
by
rule
under
this
paragraph
includes
the
power
to
define
and
interpret
standards
as
to
whether
a
geographic
area
is
materially
underserved
and
broadband
service
is
meaningfully
available.
14.
“Underserved
area”
means
any
portion
of
a
targeted
service
area
within
which
no
communications
service
provider
facilitates
broadband
service
meeting
the
tier
1
download
and
upload
speeds
specified
in
the
definition
of
targeted
service
area
in
this
section
.
Sec.
2.
Section
8B.10,
subsection
1,
Code
2021,
is
amended
to
read
as
follows:
1.
The
determination
of
whether
a
communications
service
provider
facilitates
broadband
service
meeting
the
tier
1,
tier
2,
or
tier
3
download
and
upload
speeds
specified
in
the
definition
of
targeted
service
area
in
section
8B.1
shall
be
determined
or
ascertained
by
reference
to
broadband
availability
maps
or
data
sources
that
are
identified
by
the
office
by
rule.
The
office
shall
periodically
make
renewed
determinations
of
whether
a
communications
service
provider
facilitates
broadband
service
at
or
above
the
tier
1,
tier
2,
or
tier
3
download
and
upload
speeds
specified
in
the
definition
of
targeted
service
area
in
section
8B.1
,
House
File
848,
p.
3
which
shall,
to
the
extent
updated
maps
and
data
sources
are
available
at
the
time,
include
making
such
determinations
prior
to
each
round
of
grant
applications
solicited
by
the
office
pursuant
to
section
8B.11
.
The
office
is
not
required
to
make
renewed
determinations
of
whether
a
communications
service
provider
facilitates
broadband
service
at
or
above
the
tier
1,
tier
2,
or
tier
3
download
and
upload
speeds
specified
in
the
definition
of
targeted
service
area
in
section
8B.1
more
frequently
than
once
in
any
calendar
year.
Sec.
3.
Section
8B.11,
Code
2021,
is
amended
to
read
as
follows:
8B.11
Empower
rural
Iowa
——
broadband
grants
——
fund.
1.
The
office
shall
administer
a
broadband
grant
program
designed
to
reduce
or
eliminate
unserved
and
underserved
areas
in
the
state,
leveraging
federal
funds
and
public
and
private
partnerships
where
possible,
by
awarding
grants
to
communications
service
providers
that
reduce
or
eliminate
targeted
service
areas
by
installing
broadband
infrastructure
that
facilitates
broadband
service
in
targeted
service
areas
at
or
above
the
download
and
upload
speeds
specified
in
subsection
5
,
in
accordance
with
this
section
in
accordance
with
the
following:
a.
The
broadband
infrastructure
facilitates
broadband
service
that
provides
a
minimum
download
speed
of
one
hundred
megabits
per
second
and
a
minimum
upload
speed
of
one
hundred
megabits
per
second
in
a
targeted
service
area
within
which
no
communications
service
provider
offers
or
facilitates
broadband
service
that
provides
download
and
upload
speeds
less
than
or
equal
to
the
tier
1
download
and
upload
speeds
specified
in
the
definition
of
targeted
service
area
in
section
8B.1
.
b.
The
broadband
infrastructure
facilitates
broadband
service
that
provides
a
minimum
download
speed
of
one
hundred
megabits
per
second
and
a
minimum
upload
speed
of
one
hundred
megabits
per
second
in
a
targeted
service
area
within
which
no
communications
service
provider
offers
or
facilitates
broadband
service
that
provides
any
of
the
following:
(1)
Download
speeds
less
than
or
equal
to
the
tier
2
download
speed
specified
in
the
definition
of
targeted
service
area
in
section
8B.1.
House
File
848,
p.
4
(2)
Download
speeds
less
than
or
equal
to
the
tier
3
download
speed
specified
in
the
definition
of
targeted
service
area
in
section
8B.1.
2.
a.
An
empower
rural
Iowa
broadband
grant
fund
is
established
in
the
state
treasury
under
the
authority
of
the
office.
The
fund
shall
consist
of
moneys
available
to
and
obtained
or
accepted
by
the
office.
Moneys
in
the
fund
are
appropriated
to
the
office
to
be
used
for
the
grant
program,
including
for
broadband
mapping
and
the
administration
and
operation
of
the
grant
program
,
and
for
the
fiberoptic
network
conduit
installation
program
established
in
section
8B.25
.
b.
The
office
shall
use
moneys
in
the
fund
to
provide
grants
to
communications
service
providers
pursuant
to
this
section
and
to
lead
and
coordinate
the
fiberoptic
network
conduit
installation
program
pursuant
to
section
8B.25
.
The
office
may
use
not
more
than
one
two
and
one-half
percent
of
the
moneys
in
the
fund
at
the
beginning
of
the
fiscal
year
to
pay
the
costs
and
expenses
associated
with
the
administration
and
operation
of
the
grant
program
and
the
fiberoptic
network
conduit
installation
program
.
The
office
shall
use
moneys
in
the
fund
to
leverage
available
federal
moneys
if
possible.
c.
Notwithstanding
section
8.33
,
moneys
in
the
fund
that
remain
unencumbered
or
unobligated
at
the
close
of
the
fiscal
year
shall
not
revert
but
shall
remain
available
for
expenditure
for
the
purposes
designated
until
three
years
following
the
last
day
of
the
fiscal
year
in
which
the
funds
were
originally
appropriated.
d.
Notwithstanding
paragraph
“c”
or
any
provision
to
the
contrary,
moneys
in
the
fund
that
have
been
awarded
but
not
paid
to
a
communications
service
provider
shall
not
revert
but
shall
remain
available
to
the
office
for
purposes
of
administering
the
award
in
a
manner
consistent
with
the
terms
and
conditions
of
any
corresponding
contract
or
grant
agreement
governing
the
administration
of
the
award.
3.
Communications
service
providers
may
apply
to
the
office
for
a
grant
pursuant
to
this
section
for
the
installation
of
broadband
infrastructure
that
facilitates
broadband
service
in
targeted
service
areas
at
or
above
the
download
and
upload
speeds
specified
in
subsection
5
.
The
office
shall
include
House
File
848,
p.
5
representatives
from
schools,
communities,
agriculture,
industry,
and
other
areas
as
appropriate
to
review
and
recommend
grant
awards.
The
office
shall
conduct
an
open
application
review
process
that
includes
the
opportunity
for
the
public
to
submit
factual
information
as
part
of
a
validation
process
to
address
claims
that
a
targeted
service
area
is
currently
served
with
broadband
service
at
or
above
the
download
and
upload
speeds
specified
in
subsection
5
.
Upon
completion
of
the
validation
process,
the
office
may
modify
a
proposed
targeted
service
area
to
account
for
information
received
during
the
validation
process
.
The
office
shall
make
available
a
public
internet
site
identifying
all
publicly
available
information
contained
in
the
applications
,
the
members
of
the
review
committee,
a
summary
of
the
review
committee’s
recommended
results,
and
any
results
of
performance
testing
conducted
after
the
project
is
completed.
The
office
shall
devote
one
full-time
equivalent
position
to
evaluate
applications
submitted
under
this
section
and
provide
technical
assistance
to
communications
service
providers
in
completing
applications
for
federal
funds,
or
any
other
funds
from
any
public
or
private
sources,
related
to
improving
broadband
infrastructure.
4.
a.
The
office
shall
award
grants
on
a
competitive
basis
for
the
installation
of
broadband
infrastructure
that
facilitates
broadband
service
as
provided
in
subsection
3
in
targeted
service
areas
at
or
above
the
download
and
upload
speeds
specified
in
subsection
5
,
after
considering
the
following:
(1)
The
relative
need
for
broadband
infrastructure
in
the
area
and
the
existing
broadband
service
speeds,
including
whether
the
project
serves
a
rural
area
or
areas.
(2)
The
applicant’s
total
proposed
budget
for
the
project,
including
all
of
the
following:
(a)
The
amount
or
percentage
of
local
or
federal
matching
funds,
if
any,
and
any
funding
obligations
shared
between
public
and
private
entities.
(b)
The
percentage
of
funding
provided
directly
from
the
applicant,
including
whether
the
applicant
requested
from
the
office
an
amount
less
than
the
maximum
amount
the
office
could
House
File
848,
p.
6
award
pursuant
to
subsection
5
and,
if
so,
the
percentage
of
the
project
cost
that
the
applicant
is
requesting.
(3)
The
relative
download
and
upload
speeds
of
proposed
projects
for
all
applicants.
(4)
The
specific
product
attributes
resulting
from
the
proposed
project,
including
technologies
that
provide
higher
qualities
of
service,
such
as
service
levels,
latency,
and
other
service
attributes
as
determined
by
the
office.
(5)
The
percentage
of
the
homes,
farms,
schools,
and
businesses
in
the
targeted
service
area
that
will
be
provided
access
to
broadband
service.
(6)
The
geographic
diversity
of
the
project
areas
of
all
the
applicants.
(7)
The
economic
impact
of
the
project
to
the
area.
(6)
The
proportion
of
proposed
projects
that
will
result
in
the
installation
of
broadband
infrastructure
in
a
targeted
service
area
within
which
the
only
broadband
service
available
provides
the
tier
1
download
and
upload
speeds
specified
in
the
definition
of
targeted
service
area
in
section
8B.1.
(8)
(7)
Other
factors
the
office
deems
relevant.
b.
In
considering
the
factors
listed
in
paragraph
“a”
for
awarding
grants
pursuant
to
this
section
,
the
office
shall
afford
the
greatest
weight
to
the
factors
described
in
paragraph
“a”
,
subparagraphs
(1)
through
(3)
,
and
subparagraph
(6)
.
c.
Except
as
otherwise
provided
in
this
section
,
the
office
shall
not
evaluate
applications
based
on
the
office’s
knowledge
of
the
applicant
except
for
information
obtained
by
the
office
during
the
application
process
or
period
for
public
comment.
5.
The
office
shall
not
award
a
grant
pursuant
to
this
section
that
exceeds
thirty-five
percent
of
the
communications
service
provider’s
project
cost.
The
total
amount
of
the
grants
the
office
awards
from
the
empower
rural
Iowa
broadband
grant
fund
pursuant
to
this
section
shall
be
as
follows
not
exceed
any
of
the
following
amounts
:
a.
For
Seventy-five
percent
of
a
communications
service
provider’s
project
costs
for
projects
that
will
result
in
the
installation
of
broadband
infrastructure
that
will
facilitate
broadband
service
providing
a
minimum
download
speed
less
than
House
File
848,
p.
7
one
hundred
megabits
per
second
but
greater
than
or
equal
to
the
download
speed
specified
in
the
definition
of
targeted
service
area
in
section
8B.1
,
and
a
minimum
upload
speed
less
than
twenty
megabits
per
second
but
greater
than
or
equal
to
the
upload
speed
specified
in
the
definition
of
targeted
service
area
in
section
8B.1
,
the
total
amount
of
the
grants
the
office
awards
shall
not
exceed
fifty
percent
of
the
moneys
in
the
fund
at
the
beginning
of
the
fiscal
year.
However,
if
the
amount
requested
for
projects
that
facilitate
broadband
service
at
the
speeds
described
in
paragraph
“b”
for
the
fiscal
year
is
less
than
the
amount
reserved
for
projects
under
paragraph
“b”
,
the
office
may
award
the
difference
to
projects
under
this
paragraph
for
the
same
fiscal
year
in
a
targeted
service
area
within
which
no
communications
service
provider
offers
or
facilitates
broadband
service
that
provides
download
and
upload
speeds
less
than
or
equal
to
the
tier
1
download
and
upload
speeds
specified
in
the
definition
of
targeted
service
area
in
section
8B.1
.
b.
For
Fifty
percent
of
a
communications
service
provider’s
project
costs
for
projects
that
will
result
in
the
installation
of
broadband
infrastructure
that
will
facilitate
broadband
service
providing
a
minimum
download
speed
of
one
hundred
megabits
per
second
and
a
minimum
upload
speed
of
twenty
megabits
per
second,
the
total
amount
of
the
grants
the
office
awards
shall
not
exceed
fifty
percent
of
the
moneys
in
the
fund
at
the
beginning
of
the
fiscal
year.
However,
if
the
amount
requested
for
projects
that
facilitate
broadband
service
at
the
speeds
described
in
paragraph
“a”
for
the
fiscal
year
is
less
than
the
amount
reserved
for
projects
under
paragraph
“a”
,
the
office
may
award
the
difference
to
projects
under
this
paragraph
for
the
same
fiscal
year
in
a
targeted
service
area
within
which
no
communications
service
provider
offers
or
facilitates
broadband
service
that
provides
download
and
upload
speeds
less
than
or
equal
to
the
tier
2
download
and
upload
speeds
specified
in
the
definition
of
targeted
service
area
in
section
8B.1
.
c.
Thirty-five
percent
of
a
communications
service
provider’s
project
costs
for
projects
that
will
result
in
the
installation
of
broadband
infrastructure
in
a
targeted
service
House
File
848,
p.
8
area
within
which
no
communications
service
provider
offers
or
facilitates
broadband
service
that
provides
download
speeds
less
than
or
equal
to
the
tier
3
download
speed
specified
in
the
definition
of
targeted
service
area
in
section
8B.1.
6.
Notwithstanding
subsections
3
and
5,
communications
service
providers
may
apply
to
the
office
for
a
grant
pursuant
to
this
section
for
the
installation
of
broadband
infrastructure
that
facilitates
broadband
service
providing
a
minimum
download
speed
of
one
hundred
megabits
per
second
and
a
minimum
upload
speed
of
twenty
megabits
per
second
in
targeted
service
areas
pursuant
to
this
subsection.
The
office
shall
make
available
a
public
internet
site
identifying
all
publicly
available
information
contained
in
the
applications
and
any
results
of
performance
testing
conducted
after
the
project
is
completed.
a.
The
office
shall
award
grants
under
this
subsection
on
a
competitive
basis
after
considering
the
factors
provided
in
subsection
4
and
affording
weight
to
the
factors
pursuant
to
subsection
4,
paragraph
“b”
.
b.
The
total
amount
of
the
grants
the
office
shall
award
pursuant
to
this
subsection
shall
not
exceed
fifty
percent
of
a
communications
service
provider’s
project
costs
for
projects
that
will
result
in
the
installation
of
broadband
infrastructure
in
a
targeted
service
area
within
which
no
communications
service
provider
offers
or
facilitates
broadband
service
that
provides
download
and
upload
speeds
less
than
or
equal
to
the
tier
1
download
and
upload
speeds
specified
in
the
definition
of
targeted
service
area
in
section
8B.1.
7.
Notwithstanding
subsections
5
and
6,
at
least
twenty
percent
of
the
total
amount
of
the
grants
the
office
awards
from
the
empower
rural
Iowa
broadband
grant
fund
pursuant
to
this
section
shall
be
allocated
to
projects
that
will
result
in
the
installation
of
broadband
infrastructure
in
difficult
to
serve
targeted
service
areas
within
which
no
communications
service
provider
offers
or
facilitates
broadband
service
that
provides
download
and
upload
speeds
less
than
or
equal
to
the
tier
1
download
and
upload
speeds
specified
in
the
definition
of
targeted
service
area
in
section
8B.1.
For
purposes
of
this
subsection,
a
targeted
service
area
is
difficult
to
serve
if
House
File
848,
p.
9
the
soil
conditions,
topography,
or
other
local
conditions
make
the
installation
of
broadband
infrastructure
in
the
targeted
service
area
more
time-consuming
or
labor-intensive
compared
to
other
areas
of
the
state.
6.
8.
The
office
shall
provide
public
notice
regarding
the
application
process
and
receipt
of
funding.
7.
The
office
shall
not
award
a
grant
pursuant
to
this
section
on
or
after
July
1,
2025.
8.
9.
The
office
may
adopt
rules
pursuant
to
chapter
17A
interpreting
this
chapter
or
necessary
for
administering
this
chapter
,
including
but
not
limited
to
rules
relating
to
the
broadband
grant
program
process,
management,
and
measurements
as
deemed
necessary
by
the
office.
9.
10.
The
office
shall
adopt
rules
establishing
procedures
to
allow
aggrieved
applicants
an
opportunity
to
challenge
the
office’s
award
of
grants
under
this
section
.
Sec.
4.
EMERGENCY
RULES.
The
office
of
the
chief
information
officer
may
adopt
emergency
rules
under
section
17A.4,
subsection
3,
and
section
17A.5,
subsection
2,
paragraph
“b”,
to
implement
the
provisions
of
this
Act
and
the
rules
shall
be
effective
immediately
upon
filing
unless
a
later
date
is
specified
in
the
rules,
unless
the
effective
date
of
the
rules
is
delayed
or
the
applicability
of
the
rules
is
suspended
by
the
administrative
rules
review
committee.
Any
rules
adopted
in
accordance
with
this
section
shall
not
take
effect
before
the
rules
are
reviewed
by
the
administrative
rules
review
committee.
The
delay
authority
provided
to
the
administrative
rules
review
committee
under
section
17A.4,
subsection
7,
and
section
17A.8,
subsection
9,
shall
be
applicable
to
a
delay
imposed
under
this
section,
notwithstanding
a
provision
in
those
sections
making
them
inapplicable
to
section
17A.5,
subsection
2,
paragraph
“b”.
Any
rules
adopted
in
accordance
with
the
provisions
of
this
section
shall
also
be
published
as
a
notice
of
intended
action
as
provided
in
section
17A.4.
Sec.
5.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
House
File
848,
p.
10
Sec.
6.
APPLICABILITY.
This
Act
applies
to
applications
for
grants
submitted
pursuant
to
section
8B.11
on
or
after
the
effective
date
of
this
Act.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
848,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor
