Bill Text: IA SF625 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act creating an empower rural Iowa Act to provide incentives for broadband access. (Formerly SSB 1193.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2019-04-24 - Withdrawn. S.J. 1093. [SF625 Detail]

Download: Iowa-2019-SF625-Introduced.html
Senate File 625 - Introduced SENATE FILE 625 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO SSB 1193) A BILL FOR An Act creating an empower rural Iowa Act to provide incentives 1 for broadband access. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1824SV (2) 88 gh/jh
S.F. 625 Section 1. TITLE OF ACT. This Act shall be known and may be 1 cited as the “Empower Rural Iowa Act”. 2 Sec. 2. Section 8B.1, Code 2019, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 4A. “Facilitate” means a communication 5 service provider’s ability to provide broadband service at 6 or above the download and upload speeds specified in the 7 definition of targeted service area in this section to a home, 8 farm, school, or business within a commercially reasonable 9 time and at a commercially reasonable price upon request by a 10 consumer. 11 Sec. 3. Section 8B.1, subsection 12, Code 2019, is amended 12 to read as follows: 13 12. “Targeted service area” means a United States census 14 bureau census block located in this state, including any crop 15 operation located within the census block, within which no 16 communications service provider offers or facilitates broadband 17 service at or above twenty-five megabits per second of download 18 speed and three megabits per second of upload speed as of July 19 1, 2015 the download and upload speed benchmarks identified 20 by the federal communications commission in its most recent 21 broadband report issued pursuant to section 706 of the Federal 22 Telecommunications Act of 1996, as amended . 23 Sec. 4. Section 8B.10, subsection 1, Code 2019, is amended 24 to read as follows: 25 1. The determination of whether a communications service 26 provider offers or facilitates broadband service meeting the 27 download or upload speeds specified in the definition of 28 targeted service area in section 8B.1 shall be determined 29 or ascertained by reference to broadband availability maps 30 or data sources that are widely accepted for accuracy and 31 available for public review and comment and that are identified 32 by the office by rule. The office shall periodically make 33 renewed determinations of whether a communications service 34 provider offers or facilitates broadband service at or above 35 -1- LSB 1824SV (2) 88 gh/jh 1/ 6
S.F. 625 the download and upload speeds specified in the definition of 1 targeted service area in section 8B.1, which shall include 2 making such determinations prior to each round of grant 3 applications solicited by the office pursuant to section 8B.11. 4 Sec. 5. Section 8B.11, subsection 1, Code 2019, is amended 5 to read as follows: 6 1. The office shall administer a broadband grant program 7 designed to award reduce or eliminate unserved and underserved 8 areas in the state, leveraging federal funds and public and 9 private partnerships where possible, by awarding grants to 10 communications service providers that reduce or eliminate 11 targeted service areas by installing broadband infrastructure 12 that facilitates broadband service in targeted service areas 13 at or above the download and upload speeds specified in 14 the definition of targeted service area in section 8B.1, in 15 accordance with this section . 16 Sec. 6. Section 8B.11, subsection 2, paragraph c, Code 2019, 17 is amended to read as follows: 18 c. Notwithstanding section 8.33 , moneys in the fund 19 that remain unencumbered or unobligated at the close of the 20 fiscal year shall not revert but shall remain available for 21 expenditure for the purposes designated until the close of 22 the succeeding fiscal year three years following the last 23 day of the fiscal year in which the funds were originally 24 appropriated . 25 Sec. 7. Section 8B.11, subsection 3, Code 2019, is amended 26 to read as follows: 27 3. Communications service providers may apply to the office 28 for a grant pursuant to this section for the installation of 29 broadband infrastructure that facilitates broadband service 30 at or above twenty-five megabits per second of download speed 31 and three megabits per second of upload speed in targeted 32 service areas at or above the download and upload speeds 33 specified in the definition of targeted service area in 34 section 8B.1 . The office may, by rule, increase the minimum 35 -2- LSB 1824SV (2) 88 gh/jh 2/ 6
S.F. 625 download and upload speeds for grant eligibility pursuant to 1 this section. The office shall include representatives from 2 schools, communities, agriculture, industry, and other areas 3 as appropriate to review and recommend grant awards. The 4 office shall conduct an open application review process and 5 include that includes the opportunity for the public to submit 6 factual information as part of a validation process to address 7 claims that a targeted service area is currently served with 8 broadband service at or above the download and upload speeds 9 specified in the definition of targeted service area in section 10 8B.1. Upon completion of the validation process, the office 11 may modify a proposed targeted service area to account for 12 information received during the validation process. The office 13 shall make available a public internet site for identifying all 14 publicly available information contained in the applications, 15 the members of the review committee, a summary of the review 16 committee’s recommended results, and any results of performance 17 testing conducted after the project is completed . 18 Sec. 8. Section 8B.11, subsection 4, Code 2019, is amended 19 to read as follows: 20 4. a. The office shall award grants on a competitive basis 21 after considering the following: 22 (1) The relative need for broadband infrastructure in the 23 area and the existing broadband service speeds , including 24 whether the project serves a rural area or areas . 25 (2) The amount or percentage of local or federal matching 26 funds, if any, any funding obligations shared between public 27 and private entities, and any support provided from federal 28 programs. 29 (3) The specific product attributes resulting from the 30 proposed project, including technologies, capabilities, and 31 broadband service speeds that are more advanced. The office 32 shall give preference to projects that facilitate broadband 33 service at or above one hundred megabits per second of download 34 speed and one hundred megabits per second of upload speed. 35 -3- LSB 1824SV (2) 88 gh/jh 3/ 6
S.F. 625 (2) (4) The percentage of the homes, farms, schools, and 1 businesses in the targeted service area that will be provided 2 access to broadband service. 3 (3) (5) The geographic diversity of the project areas of 4 all the applicants. 5 (4) (6) The direct and quantifiable economic impact of the 6 project to the area. 7 (5) The applicant’s total proposed budget for the project, 8 including the amount or percentage of local match, if any. 9 (6) (7) Other factors the office deems relevant. 10 b. In considering the factors listed in paragraph “a” 11 for awarding grants pursuant to this section, the office 12 shall afford the greatest weight to the factors described in 13 paragraph “a” , subparagraphs (1) through (3). 14 b. c. Except as otherwise provided in this section , the 15 office shall not evaluate applications based on the office’s 16 knowledge of the applicant except for the information provided 17 in obtained by the office during the application process or 18 validation process . 19 Sec. 9. Section 8B.11, subsections 7 and 8, Code 2019, are 20 amended to read as follows: 21 7. The office shall not award a grant pursuant to this 22 section on or after July 1, 2020 2025 . 23 8. The office shall may adopt rules pursuant to chapter 17A 24 interpreting this chapter or necessary for administering this 25 chapter , including but not limited to rules relating to the 26 broadband grant program process, management, and measurements 27 as deemed necessary by the office. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill modifies provisions applicable to the broadband 32 grant program administered by the office of the chief 33 information officer (OCIO) under Code chapter 8B. 34 The bill provides that it may be known and cited as the 35 -4- LSB 1824SV (2) 88 gh/jh 4/ 6
S.F. 625 “Empower Rural Iowa Act”. 1 Current law requires the OCIO to administer a broadband 2 grant program to award grants to communications service 3 providers that reduce or eliminate targeted service areas, 4 as defined, by installing broadband infrastructure that 5 facilitates broadband service at or above 25 megabits per 6 second of download speed and 3 megabits per second of upload 7 speed as of July 1, 2015. The bill removes references to the 8 specified download and upload speeds and date throughout Code 9 chapter 8B and instead references the download and upload speed 10 benchmarks identified by the federal communications commission 11 in its most recent broadband report issued pursuant to federal 12 law. The bill also provides a new definition for “facilitate” 13 in Code section 8B.1, as described in the bill. 14 Current law provides that the determination of whether a 15 communications service provider facilitates broadband service 16 meeting the requisite download or upload speeds shall be 17 ascertained by reference to certain broadband availability 18 maps or data sources identified by the OCIO by rule. The bill 19 requires the OCIO to periodically make renewed determinations 20 of whether such a provider facilitates broadband service 21 at or above the requisite speeds, including making such 22 determinations prior to each round of grant applications. 23 The bill provides that the broadband grant program shall 24 be designed to reduce or eliminate unserved and underserved 25 areas in Iowa, leveraging federal funds and public and 26 private partnerships where possible, by awarding grants 27 to communications service providers to install broadband 28 infrastructure that facilitates broadband service in targeted 29 service areas at or above the requisite download and upload 30 speeds. 31 Current law allows unencumbered or unobligated moneys 32 remaining in the broadband grant fund at the close of the 33 fiscal year to remain available for use until the close of the 34 succeeding fiscal year. The bill instead provides that such 35 -5- LSB 1824SV (2) 88 gh/jh 5/ 6
S.F. 625 moneys shall remain available until three years following the 1 last day of the fiscal year in which the funds were originally 2 appropriated. 3 The bill allows the OCIO to increase the minimum download and 4 upload speeds for broadband grant eligibility by rule. 5 The bill requires the OCIO to conduct a validation process 6 for public comment on grant applications, as described in 7 the bill. The bill requires the OCIO to identify certain 8 information relating to broadband grants on a public internet 9 site. 10 Current law provides certain factors for the OCIO to 11 consider in awarding grants on a competitive basis. The bill 12 modifies such factors for the OCIO to consider in awarding 13 grants and provides that the OCIO shall afford the greatest 14 weight to certain factors, as described in the bill. 15 Current law requires the OCIO to evaluate applications for 16 broadband grants only pursuant to the information provided 17 in an application. The bill allows the OCIO to consider 18 any information obtained during the application process or 19 validation process. 20 The bill extends the OCIO broadband grant program from July 21 1, 2020, to July 1, 2025. 22 Current law requires the OCIO to adopt rules related to the 23 broadband grant program. The bill instead provides the OCIO 24 with discretion to adopt rules deemed necessary to interpret or 25 administer Code chapter 8B, including but not limited to rules 26 relating to the broadband grant program. 27 -6- LSB 1824SV (2) 88 gh/jh 6/ 6
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