Bill Text: MN SF1128 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Office of broadband development establishment
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-03-18 - Comm report: To pass as amended and re-refer to Finance [SF1128 Detail]
Download: Minnesota-2013-SF1128-Introduced.html
Bill Title: Office of broadband development establishment
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-03-18 - Comm report: To pass as amended and re-refer to Finance [SF1128 Detail]
Download: Minnesota-2013-SF1128-Introduced.html
1.2relating to telecommunications; broadband; establishing the Office of Broadband
1.3Development in the Department of Employment and Economic Development
1.4and assigning it duties; requiring the Department of Transportation to post a
1.5database on its Web site; requiring reports;amending Minnesota Statutes 2012,
1.6section 237.012, subdivision 3; proposing coding for new law in Minnesota
1.7Statutes, chapters 116J; 161; 237.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. [116J.441] OFFICE OF BROADBAND DEVELOPMENT.
1.10 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
1.11have the meanings given them.
1.12(b) "Broadband" or "broadband service" means any service providing advanced
1.13telecommunications capability and Internet access with transmission speeds that, at a
1.14minimum, meet the Federal Communications Commission definition for broadband.
1.15(c) "Local unit of government" has the meaning given in section 116G.03,
1.16subdivision 3.
1.17(d) "Office" means the Office of Broadband Development established in subdivision
1.182, paragraph (a).
1.19 Subd. 2. Office established; purpose. (a) An Office of Broadband Development is
1.20established within the Department of Commerce.
1.21(b) The purpose of the office is to encourage, foster, develop, and improve broadband
1.22within the state in order to:
1.23(1) drive job creation, promote innovation, expand markets for Minnesota businesses;
2.1(2) serve the ongoing and growing needs of Minnesota's education systems, health
2.2care system, public safety system, industries and businesses, governmental operations,
2.3and citizens; and
2.4(3) improve accessibility for underserved communities and populations.
2.5 Subd. 3. Organization. The office shall consist of a director of the Office of
2.6Broadband Development, as well as any staff necessary to carry out the office's duties
2.7under subdivision 4.
2.8 Subd. 4. Duties. The office shall have the power and duty to:
2.9(1) serve as the central broadband planning body for the state of Minnesota;
2.10(2) coordinate with state, regional, local, and private entities to develop, to the
2.11maximum extent practicable, a uniform statewide broadband access and usage policy;
2.12(3) develop, recommend, and implement a statewide plan to encourage cost-effective
2.13broadband access, and to make recommendations for increased usage, particularly in
2.14rural and other underserved areas;
2.15(4) coordinate efforts, in consultation and cooperation with the commissioner of
2.16commerce, local units of government, and private entities, to meet the state's broadband
2.17goals in section 237.012;
2.18(5) develop, coordinate, and implement the state's broadband infrastructure
2.19development program under section 237.90;
2.20(6) provide consultation services to local units of government or other project
2.21sponsors in connection with the planning, acquisition, improvement, construction, or
2.22development of any broadband deployment project;
2.23(7) encourage public-private partnerships to increase deployment and adoption
2.24of broadband services and applications, including recommending funding options and
2.25possible incentives to encourage investment in broadband expansion;
2.26(8) monitor the broadband development efforts of other states and nations in areas
2.27such as business, education, public safety, and health;
2.28(9) monitor broadband-related activities at the federal level, including regulatory and
2.29policy changes and the potential impact on broadband deployment and sustainability in
2.30the state;
2.31(10) serve as an information clearinghouse for federal programs providing financial
2.32assistance to institutions located in rural areas seeking to obtain access to high speed
2.33broadband service, and use this information as an outreach tool to make institutions
2.34located in rural areas that are unserved or underserved with respect to broadband service
2.35aware of the existence of federal assistance;
2.36(11) provide an annual report, as required by subdivision 5; and
3.1(12) perform any other activities consistent with the office's purpose.
3.2 Subd. 5. Reporting. (a) Beginning on January 15, 2014, and each year thereafter,
3.3the Office of Broadband Development shall report to the legislative committees with
3.4jurisdiction over telecommunications policy and finance on the office's activities during
3.5the previous year.
3.6(b) The report shall contain, at a minimum:
3.7(1) an analysis of the current availability and use of broadband, including average
3.8broadband speeds, within the state;
3.9(2) information gathered from schools, libraries, hospitals, and public safety
3.10facilities across the state, determining the actual speed and capacity of broadband currently
3.11in use and the need, if any, for increases in speed and capacity to meet basic needs;
3.12(3) an analysis of incumbent broadband infrastructure within the state and its ability
3.13to spur economic development;
3.14(4) an analysis of the degree to which new, additional, or improved broadband
3.15infrastructure would spur economic development in the state;
3.16(5) a summary of the office's activities in coordinating broadband infrastructure
3.17development under section 237.90;
3.18(6) any proposed legislative and policy initiatives; and
3.19(7) any other information requested by the legislative committees having jurisdiction
3.20over telecommunications policy and finance, or that the office deems necessary.
3.21(c) The report may be submitted electronically and is subject to section 3.195,
3.22subdivision 1.
3.23 Sec. 2. [161.462] FIBER COLLABORATION DATABASE.
3.24 Subdivision 1. Purpose. The purpose of the fiber collaboration database is
3.25to provide broadband providers with advance notice of upcoming Department of
3.26Transportation construction projects, so that they may notify the department of their
3.27interest in installing broadband infrastructure within the right-of-way during construction
3.28in order to minimize installation costs.
3.29 Subd. 2. Database. (a) The Department of Transportation shall post on its Web site,
3.30and update annually, the list of upcoming construction projects contained in its statewide
3.31transportation improvement program, including, for each project:
3.32(1) the geographical location where construction will occur;
3.33(2) the estimated start and end dates of construction; and
3.34(3) a description of the nature of the construction project.
4.1(b) The department shall post this information as far in advance of the beginning of
4.2construction as is feasible.
4.3(c) Local units of government, utilities, and other entities that frequently undertake
4.4construction projects that allow for the installation of broadband infrastructure may
4.5voluntarily forward construction schedules to the department for posting on the
4.6department's Web site.
4.7(d) The department's Web site shall allow a provider of broadband service to register
4.8to receive from the department electronic information on proposed construction projects
4.9added to the database in specific geographical areas of the state as soon as it is updated.
4.10EFFECTIVE DATE.This section is effective the day following final enactment.
4.11 Sec. 3. Minnesota Statutes 2012, section 237.012, subdivision 3, is amended to read:
4.12 Subd. 3. Annual reports. The commissioner of commerce must annually by
4.13February 10 report on the achievement of the goals under subdivisions 1 and 2 to the chairs
4.14and ranking minority members of the legislative committees with primary jurisdiction
4.15over telecommunication issues. The report must also suggest policies, incentives, and
4.16legislation designed to accelerate the achievement of the goals. The report on goals under
4.17subdivision 1 must be made through 2015.
4.18EFFECTIVE DATE.This section is effective the day following final enactment.
4.19 Sec. 4. [237.90] COORDINATION OF BROADBAND INFRASTRUCTURE
4.20DEVELOPMENT.
4.21 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
4.22have the meanings given them.
4.23(b) "Broadband" or "broadband service" has the meaning given in section 116J.441,
4.24subdivision 1, paragraph (b).
4.25(c) "Broadband conduit" means a conduit, pipe, innerduct, or microduct for fiber
4.26optic or other cables that support broadband and wireless facilities for broadband service.
4.27(d) "Local unit of government" has the meaning given in section 116G.03,
4.28subdivision 3.
4.29(e) "Office" means the Office of Broadband Development established in section
4.30116J.441, subdivision 2, paragraph (a).
4.31 Subd. 2. Broadband infrastructure development. (a) The office shall, in
4.32collaboration with the Departments of Commerce and Transportation and private entities,
4.33encourage and coordinate "dig once" efforts for the planning, relocation, installation,
5.1or improvement of broadband conduit within or near the right-of-way in conjunction
5.2with any current or planned construction or improvement that opens, bores, or trenches
5.3alongside state-owned infrastructure, including, but not limited to, trunk highways,
5.4roads, and bridges. To the extent necessary, the office shall, in collaboration with the
5.5Departments of Commerce and Transportation, develop engineering and design standards,
5.6procedures and criteria for contracts or lease agreements with private entities, and pricing
5.7requirements, and provide for allocation of risk, costs, and any revenue generated.
5.8(b) The office shall, in collaboration with other state departments and agencies as the
5.9office deems necessary, develop a strategy to facilitate the timely and efficient deployment
5.10of broadband conduit or other broadband facilities on state-owned lands and buildings.
5.11(c) To the extent practicable, the office shall encourage and assist local units of
5.12government to adopt and implement policies similar to those under paragraphs (a) and (b)
5.13for construction or other improvements to county state-aid highways, municipal state-aid
5.14roads, and any other rights-of-way under the local unit of government's jurisdiction, and to
5.15other lands or buildings owned by the local unit of government.
5.16(d) Special consideration must be paid to projects under this subdivision that will
5.17likely improve access to broadband by rural or underserved communities.
5.18 Subd. 3. Reporting. As part of its annual report under section 116J.441, subdivision
5.195, the office shall report on activities taken under this section, including, but not limited to,
5.20the number of current and planned projects using the "dig once" approach, any gains in
5.21broadband speed or access associated with the project, and any costs or cost savings to
5.22the state, private entity, or end user of broadband services.
5.23 Subd. 4. No right of action. Nothing in this section shall be construed to create
5.24any right or benefit, substantive or procedural, enforceable at law or in equity by any
5.25party against the state of Minnesota, its departments, agencies, or entities, its officers,
5.26employees, or agents, or any other person.
5.27 Sec. 5. STATE BROADBAND STRATEGY; REPORT.
5.28The Office of Broadband Development shall conduct research and produce a report
5.29recommending a set of programs and strategies the state can pursue to promote the
5.30improvement, more efficient and effective use, and expansion of broadband services in
5.31ways that will have the greatest impact on the state's economic development, by which is
5.32meant enhancing the ability of Minnesota citizens and businesses to develop their skills,
5.33to expand businesses to new markets, develop new products, reach more customers, and
5.34lower costs. While the state's broadband goals in section 237.012 address the universal
6.1provision of greater broadband access and speed statewide, this report must consider
6.2broadband as an economic development tool and must examine and analyze:
6.3(1) how the state can best use its limited resources to adopt strategies and make
6.4investments to improve the use of broadband services by subgroups of broadband users,
6.5including mobile broadband users, that promise to deliver the greatest economic impact
6.6per dollar of state investment;
6.7(2) roles the state can play in addition to financial assistance for broadband
6.8infrastructure, including supporting education and training for Minnesotans to enable
6.9them to use broadband more effectively; and
6.10(3) strategies and opportunities for state investment to leverage additional amounts
6.11of private capital and financial assistance from the federal government in order to achieve
6.12these goals.
6.13By January 15, 2014, the office shall submit the report to the chairs and ranking minority
6.14members of the senate and house committees with jurisdiction over telecommunications
6.15issues.
1.3Development in the Department of Employment and Economic Development
1.4and assigning it duties; requiring the Department of Transportation to post a
1.5database on its Web site; requiring reports;amending Minnesota Statutes 2012,
1.6section 237.012, subdivision 3; proposing coding for new law in Minnesota
1.7Statutes, chapters 116J; 161; 237.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. [116J.441] OFFICE OF BROADBAND DEVELOPMENT.
1.10 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
1.11have the meanings given them.
1.12(b) "Broadband" or "broadband service" means any service providing advanced
1.13telecommunications capability and Internet access with transmission speeds that, at a
1.14minimum, meet the Federal Communications Commission definition for broadband.
1.15(c) "Local unit of government" has the meaning given in section 116G.03,
1.16subdivision 3.
1.17(d) "Office" means the Office of Broadband Development established in subdivision
1.182, paragraph (a).
1.19 Subd. 2. Office established; purpose. (a) An Office of Broadband Development is
1.20established within the Department of Commerce.
1.21(b) The purpose of the office is to encourage, foster, develop, and improve broadband
1.22within the state in order to:
1.23(1) drive job creation, promote innovation, expand markets for Minnesota businesses;
2.1(2) serve the ongoing and growing needs of Minnesota's education systems, health
2.2care system, public safety system, industries and businesses, governmental operations,
2.3and citizens; and
2.4(3) improve accessibility for underserved communities and populations.
2.5 Subd. 3. Organization. The office shall consist of a director of the Office of
2.6Broadband Development, as well as any staff necessary to carry out the office's duties
2.7under subdivision 4.
2.8 Subd. 4. Duties. The office shall have the power and duty to:
2.9(1) serve as the central broadband planning body for the state of Minnesota;
2.10(2) coordinate with state, regional, local, and private entities to develop, to the
2.11maximum extent practicable, a uniform statewide broadband access and usage policy;
2.12(3) develop, recommend, and implement a statewide plan to encourage cost-effective
2.13broadband access, and to make recommendations for increased usage, particularly in
2.14rural and other underserved areas;
2.15(4) coordinate efforts, in consultation and cooperation with the commissioner of
2.16commerce, local units of government, and private entities, to meet the state's broadband
2.17goals in section 237.012;
2.18(5) develop, coordinate, and implement the state's broadband infrastructure
2.19development program under section 237.90;
2.20(6) provide consultation services to local units of government or other project
2.21sponsors in connection with the planning, acquisition, improvement, construction, or
2.22development of any broadband deployment project;
2.23(7) encourage public-private partnerships to increase deployment and adoption
2.24of broadband services and applications, including recommending funding options and
2.25possible incentives to encourage investment in broadband expansion;
2.26(8) monitor the broadband development efforts of other states and nations in areas
2.27such as business, education, public safety, and health;
2.28(9) monitor broadband-related activities at the federal level, including regulatory and
2.29policy changes and the potential impact on broadband deployment and sustainability in
2.30the state;
2.31(10) serve as an information clearinghouse for federal programs providing financial
2.32assistance to institutions located in rural areas seeking to obtain access to high speed
2.33broadband service, and use this information as an outreach tool to make institutions
2.34located in rural areas that are unserved or underserved with respect to broadband service
2.35aware of the existence of federal assistance;
2.36(11) provide an annual report, as required by subdivision 5; and
3.1(12) perform any other activities consistent with the office's purpose.
3.2 Subd. 5. Reporting. (a) Beginning on January 15, 2014, and each year thereafter,
3.3the Office of Broadband Development shall report to the legislative committees with
3.4jurisdiction over telecommunications policy and finance on the office's activities during
3.5the previous year.
3.6(b) The report shall contain, at a minimum:
3.7(1) an analysis of the current availability and use of broadband, including average
3.8broadband speeds, within the state;
3.9(2) information gathered from schools, libraries, hospitals, and public safety
3.10facilities across the state, determining the actual speed and capacity of broadband currently
3.11in use and the need, if any, for increases in speed and capacity to meet basic needs;
3.12(3) an analysis of incumbent broadband infrastructure within the state and its ability
3.13to spur economic development;
3.14(4) an analysis of the degree to which new, additional, or improved broadband
3.15infrastructure would spur economic development in the state;
3.16(5) a summary of the office's activities in coordinating broadband infrastructure
3.17development under section 237.90;
3.18(6) any proposed legislative and policy initiatives; and
3.19(7) any other information requested by the legislative committees having jurisdiction
3.20over telecommunications policy and finance, or that the office deems necessary.
3.21(c) The report may be submitted electronically and is subject to section 3.195,
3.22subdivision 1.
3.23 Sec. 2. [161.462] FIBER COLLABORATION DATABASE.
3.24 Subdivision 1. Purpose. The purpose of the fiber collaboration database is
3.25to provide broadband providers with advance notice of upcoming Department of
3.26Transportation construction projects, so that they may notify the department of their
3.27interest in installing broadband infrastructure within the right-of-way during construction
3.28in order to minimize installation costs.
3.29 Subd. 2. Database. (a) The Department of Transportation shall post on its Web site,
3.30and update annually, the list of upcoming construction projects contained in its statewide
3.31transportation improvement program, including, for each project:
3.32(1) the geographical location where construction will occur;
3.33(2) the estimated start and end dates of construction; and
3.34(3) a description of the nature of the construction project.
4.1(b) The department shall post this information as far in advance of the beginning of
4.2construction as is feasible.
4.3(c) Local units of government, utilities, and other entities that frequently undertake
4.4construction projects that allow for the installation of broadband infrastructure may
4.5voluntarily forward construction schedules to the department for posting on the
4.6department's Web site.
4.7(d) The department's Web site shall allow a provider of broadband service to register
4.8to receive from the department electronic information on proposed construction projects
4.9added to the database in specific geographical areas of the state as soon as it is updated.
4.10EFFECTIVE DATE.This section is effective the day following final enactment.
4.11 Sec. 3. Minnesota Statutes 2012, section 237.012, subdivision 3, is amended to read:
4.12 Subd. 3. Annual reports. The commissioner of commerce must annually by
4.13February 10 report on the achievement of the goals under subdivisions 1 and 2 to the chairs
4.14and ranking minority members of the legislative committees with primary jurisdiction
4.15over telecommunication issues. The report must also suggest policies, incentives, and
4.16legislation designed to accelerate the achievement of the goals. The report on goals under
4.17subdivision 1 must be made through 2015.
4.18EFFECTIVE DATE.This section is effective the day following final enactment.
4.19 Sec. 4. [237.90] COORDINATION OF BROADBAND INFRASTRUCTURE
4.20DEVELOPMENT.
4.21 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
4.22have the meanings given them.
4.23(b) "Broadband" or "broadband service" has the meaning given in section 116J.441,
4.24subdivision 1, paragraph (b).
4.25(c) "Broadband conduit" means a conduit, pipe, innerduct, or microduct for fiber
4.26optic or other cables that support broadband and wireless facilities for broadband service.
4.27(d) "Local unit of government" has the meaning given in section 116G.03,
4.28subdivision 3.
4.29(e) "Office" means the Office of Broadband Development established in section
4.30116J.441, subdivision 2, paragraph (a).
4.31 Subd. 2. Broadband infrastructure development. (a) The office shall, in
4.32collaboration with the Departments of Commerce and Transportation and private entities,
4.33encourage and coordinate "dig once" efforts for the planning, relocation, installation,
5.1or improvement of broadband conduit within or near the right-of-way in conjunction
5.2with any current or planned construction or improvement that opens, bores, or trenches
5.3alongside state-owned infrastructure, including, but not limited to, trunk highways,
5.4roads, and bridges. To the extent necessary, the office shall, in collaboration with the
5.5Departments of Commerce and Transportation, develop engineering and design standards,
5.6procedures and criteria for contracts or lease agreements with private entities, and pricing
5.7requirements, and provide for allocation of risk, costs, and any revenue generated.
5.8(b) The office shall, in collaboration with other state departments and agencies as the
5.9office deems necessary, develop a strategy to facilitate the timely and efficient deployment
5.10of broadband conduit or other broadband facilities on state-owned lands and buildings.
5.11(c) To the extent practicable, the office shall encourage and assist local units of
5.12government to adopt and implement policies similar to those under paragraphs (a) and (b)
5.13for construction or other improvements to county state-aid highways, municipal state-aid
5.14roads, and any other rights-of-way under the local unit of government's jurisdiction, and to
5.15other lands or buildings owned by the local unit of government.
5.16(d) Special consideration must be paid to projects under this subdivision that will
5.17likely improve access to broadband by rural or underserved communities.
5.18 Subd. 3. Reporting. As part of its annual report under section 116J.441, subdivision
5.195, the office shall report on activities taken under this section, including, but not limited to,
5.20the number of current and planned projects using the "dig once" approach, any gains in
5.21broadband speed or access associated with the project, and any costs or cost savings to
5.22the state, private entity, or end user of broadband services.
5.23 Subd. 4. No right of action. Nothing in this section shall be construed to create
5.24any right or benefit, substantive or procedural, enforceable at law or in equity by any
5.25party against the state of Minnesota, its departments, agencies, or entities, its officers,
5.26employees, or agents, or any other person.
5.27 Sec. 5. STATE BROADBAND STRATEGY; REPORT.
5.28The Office of Broadband Development shall conduct research and produce a report
5.29recommending a set of programs and strategies the state can pursue to promote the
5.30improvement, more efficient and effective use, and expansion of broadband services in
5.31ways that will have the greatest impact on the state's economic development, by which is
5.32meant enhancing the ability of Minnesota citizens and businesses to develop their skills,
5.33to expand businesses to new markets, develop new products, reach more customers, and
5.34lower costs. While the state's broadband goals in section 237.012 address the universal
6.1provision of greater broadband access and speed statewide, this report must consider
6.2broadband as an economic development tool and must examine and analyze:
6.3(1) how the state can best use its limited resources to adopt strategies and make
6.4investments to improve the use of broadband services by subgroups of broadband users,
6.5including mobile broadband users, that promise to deliver the greatest economic impact
6.6per dollar of state investment;
6.7(2) roles the state can play in addition to financial assistance for broadband
6.8infrastructure, including supporting education and training for Minnesotans to enable
6.9them to use broadband more effectively; and
6.10(3) strategies and opportunities for state investment to leverage additional amounts
6.11of private capital and financial assistance from the federal government in order to achieve
6.12these goals.
6.13By January 15, 2014, the office shall submit the report to the chairs and ranking minority
6.14members of the senate and house committees with jurisdiction over telecommunications
6.15issues.
