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Status: (Introduced - Dead) 2019-04-24 - Withdrawn.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
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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
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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
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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.
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(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
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“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
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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.
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