Bill Text: MS SB2452 | 2024 | Regular Session | Introduced
Bill Title: Mississippi Families' Rights and Responsibilities Act; enact.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [SB2452 Detail]
Download: Mississippi-2024-SB2452-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Technology
By: Senator(s) Williams
Senate Bill 2452
AN ACT TO AMEND SECTION 77-19-3, MISSISSIPPI CODE OF 1972, TO CLARIFY CERTAIN DEFINITIONS AND TO DEFINE "BROADBAND SERVICEABLE LOCATION" AND "COMMUNITY ANCHOR INSTITUTION"; TO AMEND SECTION 77-19-5, MISSISSIPPI CODE OF 1972, TO ALLOW BEAM TO MAKE DETERMINATIONS AND AWARDS FOR ELIGIBLE PROJECTS; TO AMEND SECTION 77-19-7, MISSISSIPPI CODE OF 1972, TO ALLOW BEAM TO REVIEW APPLICATIONS AND MAKE DETERMINATIONS AND AWARDS TO PROVIDE BROADBAND ACCESS IN ELIGIBLE PROJECT AREAS, TO SPECIFY THAT THE BEAM FUND SHALL BE USED FOR THE EXPANSION AND ACCESSIBILITY OF BROADBAND IN ELIGIBLE PROJECT AREAS, AND TO REQUIRE THAT DISBURSEMENTS FROM THE FUND BE MADE IN COMPLIANCE WITH FEDERAL STATUTES, RULES, REGULATIONS AND GUIDELINES; TO AMEND SECTION 77-19-9, MISSISSIPPI CODE OF 1972, TO STIPULATE THAT FUNDS FROM GRANT PROGRAMS SHALL ONLY BE USED TO EXTEND SERVICE INTO ELIGIBLE PROJECT AREAS AND THAT FEDERAL REQUIREMENTS FOR FUNDS SUPERSEDE ANY LIMITATIONS SET FORTH IN THIS CHAPTER; TO AMEND SECTION 77-19-11, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT THE CRITERIA FOR DETERMINING THE AWARD OF FUNDS SHALL COMPLY WITH FEDERAL LAWS, RULES, REGULATIONS, AND GUIDANCE AND TO ALLOW THE CONSIDERATION OF CERTAIN FACTORS IN AWARDING FUNDS; TO AMEND SECTION 77-19-15, MISSISSIPPI CODE OF 1972, TO CLARIFY WHAT INFORMATION IS REQUIRED ON AN APPLICATION FOR FUNDING; TO AMEND SECTION 77-19-17, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT THE GOVERNOR BE NOTIFIED BEFORE DISBURSEMENT OF GRANT MONIES AND TO CREATE CERTAIN EXEMPTIONS FOR BEAM EXPENDITURES THAT ARE REIMBURSED BY FEDERAL GRANT PROGRAM FUNDS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 77-19-3, Mississippi Code of 1972, is amended as follows:
77-19-3. As used in this chapter:
(a) "Applicant" means an eligible broadband service provider that has authorization to do business in this state and has demonstrated that it has the technical, financial and managerial resources and experience to provide broadband services in the state to retail end users.
(b) "Broadband service" means a mass-market retail service by wire, cable, fiber, or radio provided to customers in the State of Mississippi that provides the capability to transmit data to, and receive data from, all or substantially all Internet endpoints, at speeds of at least one hundred (100) megabits per second downstream and twenty (20) megabits per second upstream, and including, but not limited to, any capabilities that are incidental to and enable the operation of communications service, but excluding dial-up Internet access service.
(c) "Office" means the Office of Broadband Expansion and Accessibility of Mississippi (BEAM) within the Department of Finance and Administration created in Section 77-19-5.
(d) "Deployed" means, with respect to availability of broadband service at a location, when the person or entity has access regardless of whether a person or entity subscribes to the broadband service at the location.
(e) "Eligible broadband
service provider" means any company, firm, corporation, limited liability company,
partnership * * *, association or governmental entity
(i) that has been providing broadband service to at least one hundred (100) residences
and businesses in Mississippi for at least three (3) consecutive years; (ii) is
an electric power association's broadband affiliate operating pursuant to Section
77-17-1 et seq.; or (iii) that * * * can demonstrate financial,
technical, and operational capability in building and operating a broadband network.
(f) "Eligible project"
means a discrete and specific project * * *
as defined by the applicable grant program, including all statutes, rules, regulations
or guidance relevant to that grant program, in which the applicant seeks to
provide broadband services to residences, businesses, and community anchor
institutions * * *
currently * * *
without broadband service in accordance with the applicable * * * grant program's guidelines.
(g) * * * "Broadband
serviceable location" (BSL) means a location based on geographic coordinates
of all structures where a broadband connection can be installed.
(h) "Community anchor institution," unless otherwise defined in the applicable federal statutes, regulations, rules and guidance of the relevant grant program, means a school, library, medical or health care provider, public safety entity, community college or other institution of higher education, or other community support organization or agency that provides outreach, access, equipment or support services to facilitate a greater use of broadband service by vulnerable populations, including low-income, unemployed and aged individuals.
SECTION 2. Section 77-19-5, Mississippi Code of 1972, is amended as follows:
77-19-5. There is created an
Office of Broadband Expansion and Accessibility of Mississippi (BEAM) within the
Department of Finance and Administration for the purpose of making determinations
and awards from applications for eligible projects to provide broadband service * * * using the Broadband Expansion and Accessibility of Mississippi
(BEAM) Fund created pursuant to Section 77-19-7. The Executive Director of the
Department of Finance and Administration shall hire a Director of BEAM to administer
the office.
SECTION 3. Section 77-19-7, Mississippi Code of 1972, is amended as follows:
77-19-7. (1) The Office of
Broadband Expansion and Accessibility of Mississippi (BEAM) shall serve as the state
broadband office to review applications and make determinations and awards for projects
to provide broadband access in * * * eligible project
areas using the BEAM Fund created pursuant to this chapter.
(2) It shall be the duty and responsibility of BEAM to:
(a) Coordinate all broadband expansion and accessibility efforts on behalf of the state to ensure an effective and efficient use of broadband grant funds;
(b) Develop the plan and application for federal grant programs and for sub-grantees to receive funds from said federal grants;
(c) Develop rules and procedures, if necessary and in accordance with the Administrative Procedures Act, to implement a competitive statewide broadband grant program;
(d) Coordinate all information provided by broadband service providers, including all broadband mapping efforts for the state. All information provided by a broadband service provider pursuant to this chapter shall be presumed to be confidential, proprietary, and subject to exemption from disclosure under state and federal law and shall not be subject to disclosure except in the form of a map where information that could be used to determine provider-specific information about the network of the broadband service providers is not disclosed. Such provider-specific information shall not be released to any person without written permission of the submitting broadband service provider. In no instance shall a broadband service provider be required to provide any data beyond that which it is required to provide to the Federal Communications Commission pursuant to 47 USC Section 641 et seq.; and
(e) Apply for and receive federal grants or funds, including, but not limited to, Coronavirus Capital Projects Fund established by Section 604 of the Social Security Act, as added by Section 9901 of the American Rescue Plan Act of 2021, and the Broadband Equity, Access and Deployment Program established by the Infrastructure Investment and Jobs Act of 2021, and all other federal broadband grant programs and any state support grant programs.
(3) To effectuate the purposes of this chapter, any department, division, board, bureau, committee, institution or agency of the state, or any political subdivision thereof, shall, at the request of the Director of BEAM, provide the assistance, information and data needed to enable BEAM to carry out its duties.
(4) There is created within
the State Treasury the "Broadband Expansion and Accessibility of Mississippi
(BEAM) Fund" for the purposes of the expansion and accessibility of broadband
in * * * eligible project
areas. The fund shall consist of all monies designated, accepted or appropriated
by the State of Mississippi for broadband deployment; all monies received from the
federal government awarded to or allocated by the state for broadband deployment;
and donations, gifts and monies received from any other source, including transfers
from other funds or accounts. Disbursements from the fund shall be made by the
Department of Finance and Administration * * *
in compliance with the federal statutes, rules, regulations and guidance regarding
the use of monies from the relevant grant program. All unexpended and unencumbered
monies in the fund at the end of the fiscal year shall remain in the fund. Monies
in the fund shall be invested by the State Treasurer in the same manner as monies
in the State General Fund and interest earned on the investment of these monies
shall be credited to the fund.
SECTION 4. Section 77-19-9, Mississippi Code of 1972, is amended as follows:
77-19-9. In making determinations and awards, the Office of Broadband Expansion and Accessibility of Mississippi (BEAM) shall consider the following:
(a) Funds for the grant
programs shall only be used by applicants for projects that exclusively extend broadband
service into * * * eligible project areas in this state; and
(b) Funds from federal
broadband grant programs shall be spent in accordance with federal laws, rules,
regulations and guidance, and federal laws, rules, regulations and guidance shall
supersede * * * any
limitations contained in this chapter.
SECTION 5. Section 77-19-11, Mississippi Code of 1972, is amended as follows:
77-19-11. The criteria for determining the awarding of funds shall comply with applicable federal laws, rules, regulations and guidance and may also include the following:
(a) The applicant's experience and financial wherewithal to deploy, operate and manage the proposed project and broadband service offerings, including evidence of the applicant's successful operations of broadband services to retail end users;
(b) The readiness to build, operate and maintain the project;
(c) Projects that will deploy broadband service to the most unserved or underserved areas;
(d) The scalability of the proposed project network to support the deployment of higher broadband speeds over time;
(e) The likelihood that
the * * *
eligible project area will not be served with broadband service without such
state or federal grant funding;
(f) The applicant's ability to demonstrate the community's support for the project and a collaborated plan to leverage broadband services for community needs and economic development, such as rural development, education, tourism, new investment, or business attraction or retention;
(g) A preference for those applications seeking to deploy and provide broadband services to areas in which there is currently no fixed terrestrial Internet access service available;
(h) No discrimination or preference to applications on the basis of the type of technology proposed by any applicant to be used to provide broadband services so long as the technology proposed meets the federal guidelines;
(i) The size and
scope of the * * * eligible project area to be deployed; and
(j) The broadband service speed thresholds proposed in the application and the scalability of the broadband service network infrastructure proposed to be deployed to provide broadband service to households and businesses.
SECTION 6. Section 77-19-15, Mississippi Code of 1972, is amended as follows:
77-19-15. (1) An applicant
for funding under this chapter shall provide in the application all information
required by applicable federal laws, rules, regulations or guidance, as well as
the following * * *:
(a) The location of * * * all BSLs in
the eligible project area in a format as required by BEAM;
(b) The type and amount of broadband infrastructure to be deployed for the project, including the amount the applicant intends to invest in the project from private funds;
(c) Evidence regarding the served, unserved or underserved nature of the community in which the project is to be located;
(d) The number of households that will have access to broadband service as a result of the project, or whose Internet access service will be upgraded to broadband service as a result of the project;
(e) The significant community anchor institutions that will benefit from the proposed project;
(f) Evidence of community
support for the project * * * with a narrative on and the impact that the investment
will have on community and economic development efforts in the area;
(g) The total cost of the
project and a detailed budget and schedule for the project, including * * *
details for the use of funds provided under this chapter. Funds shall not
be used to support the operational expenses of the network or to subsidize any other
service provided by the applicant except as allowed under applicable federal
law; and
(h) The broadband service provider's experience and financial capabilities.
(2) After scoring and considering
all applications, the Office of Broadband Expansion and Accessibility of Mississippi
(BEAM) shall make its preliminary determinations. Within thirty (30) days after
the preliminary determinations have been made, BEAM shall publish on its website
the * * *
applicant, the project name, the award amount for that project, the BSLs proposed
to be served, and the proposed broadband service speeds for * * *
the projects.
(3) Within thirty (30) days from the date the preliminary determinations are published on BEAM's website, BEAM shall accept comments or objections concerning each application and investigate each of them as appropriate. BEAM shall consider all comments and objections received and the investigative findings in determining whether an applicant is eligible for a final determination and award.
(4) BEAM shall not make a final determination and award to an applicant if verifiable information is made available that shows the proposed project includes an area:
(a) Where broadband
services currently are deployed * * * by a provider other than the applicant;
or
(b) Where construction of a network to deploy broadband service is underway by a provider other than the applicant, and the construction is scheduled to be completed within one (1) year after the date of the application.
BEAM shall have the discretion to confirm whether any such construction will be completed as scheduled based upon information from the objector or the applicant which may include, without limitation, construction contracts, performance bonds guaranteeing performance of the construction contracts, affidavits of project managers attesting to the progress of the construction, and any other documents as BEAM may request.
(5) An applicant's or challenging party's trade secrets, financial information and proprietary information submitted under this chapter as part of an application or challenge are exempt from disclosure under the Mississippi Public Records Act, Section 25-61-1 et seq.
(6) Any contractor deploying broadband infrastructure for a project that has been awarded grant monies by BEAM is encouraged to use Mississippi employment to the fullest extent possible.
SECTION 7. Section 77-19-17, Mississippi Code of 1972, is amended as follows:
77-19-17. (1) Before the distribution of any grant monies from the BEAM Fund, BEAM shall notify the Governor, Lieutenant Governor, the Speaker of the House of Representatives and the Legislative Budget Office of the planned distribution.
(2) BEAM may employ the services of such persons as the Director of BEAM considers necessary for the purposes of consultation or investigation and fix the salaries of or contract for the services of such legal, professional, technical and operational personnel and consultants, subject to applicable provisions of the State Personnel Board. Additional legal assistance may be retained in accordance with this subsection (2) only with the approval of the Attorney General. Any expenditures by BEAM which are reimbursed by federal grant program funds are exempt from the provisions of Title 25, Chapter 53, Mississippi Code of 1972, and BEAM shall be exempt from provisions of the Public Procurement Review Board for any requirements of personal or professional service contracts or the preapproval of the solicitation for such contracts used in the execution of its responsibilities under this chapter.
(3) BEAM shall provide
to the Legislature an annual detailed report on the status and details of all projects
considered and approved under this chapter no later than December * * * 1 of each year.
SECTION 8. The amendments to the BEAM Act, Laws 2022, Ch. 397 (H.B. No. 1029), Mississippi Code of 1972, Sections 77-19-1 through 77-19-17, as set forth herein in Sections 1 through 7, shall apply to all grant programs administered by BEAM from and after April 14, 2022, the date of the passage of the original BEAM Act, and it is the intent of the Legislature for this amended BEAM Act to apply retroactively as if it had been enacted in this manner on April 14, 2022.
SECTION 9. This act shall take effect and be in force from and after its passage.
