SB 452 — BROADBAND CHANGES

] I.

Section 9-27-6 NMSA 1978 (being Laws 2007, Chapter 290, Section 6, as amended by Laws 2017, Chapter 7, h Section 2 and by Laws 2017, Chapter 45, Section 2) is amended g o to read:

t hr g e i k "9-27-6.

SECRETARY--DUTIES AND GENERAL POWERS.-- h r i s A.

The secretary is responsible to the governor for h , t, the operation of the department.

It is the secretary's duty to e u g e b l e e h manage all operations of the department and to administer and n d d i = = o h enforce the laws with which the secretary or the department is l ] b ,d i a º e charged.

r i = r t e w d m a n o B.

To perform the secretary's duties, the secretary dhas mevery :power expressly enumerated in the laws, SHPAC/SB 452 Page 3 whether granted to the secretary or the department or any division of the department, except where authority conferred upon any division is explicitly exempted from the secretary's authority by statute.

b e d s º o t n = .225565.4AIC March 17, 2023 (2:20pm) s k m e - 4 - e a n e d r e l u [ A d SHPAC/SB 452 has every power expressly enumerated in the laws, whether granted to the secretary or the department or any division of the department, except where authority conferred upon any division is explicitly exempted from the secretary's authority by statute.

(4) within the limitations of available h u » r appropriations and applicable laws, employ and fix the t h g e compensation of those persons necessary to discharge the l i h r secretary's duties;

i s h , e h (5) take administrative action by issuing t u g e b l orders and instructions, not inconsistent with the law, to e e , gh n d d i ensure implementation of and compliance with the provisions of = = o h l ] b ,d i a º r law for whose administration or execution the secretary is e r = t e w d responsible and to enforce those orders and instructions by mSHPAC/SB a452 nPage o4 dappropriate madministrative :action in the courts;

b r e t º o t n = .225565.4AIC March 17, 2023 (2:20pm) s k m e - 5 - e a n e d r e l u [ A d SHPAC/SB 452 appropriate administrative action in the courts;

(b) coordinate activities and resolve h problems of mutual concern;

and g o (c) resolve by agreement the manner and t hr g e i k extent to which the department shall provide budgeting, h r i s recordkeeping and related clerical assistance to h , t, administratively attached agencies;

[and ] e u g e b l e e h (10) appoint for each division a "director".

n d d i = = o h These appointed positions are exempt from the provisions of the l ] b ,d i a º e Personnel Act.

Persons appointed to these positions shall r i = r t e w d serve at the pleasure of the secretary;

and mSHPAC/SB a452 nPage o5 d(11) macquire, :hold and maintain, through lease, trade or purchase, any real or personal property necessary to meet customer requirements or department obligations, including obligations of administratively attached offices or bodies.

b e d s º o t n = .225565.4AIC March 17, 2023 (2:20pm) s k m e - 6 - e a n e d r e l u [ A d SHPAC/SB 452 (11) acquire, hold and maintain, through lease, trade or purchase, any real or personal property necessary to meet customer requirements or department obligations, including obligations of administratively attached offices or bodies.

(1) review SJCº executive»SJC agency plans regarding prudent allocation of information technology resources;

(2) approve SJCº executive»SJC agency information technology requests for proposals and other SJCºexecutive»SJC agency requests that are subject to the Procurement Code, prior to final approval;

h (3) promulgate rules for oversight of g o information technology procurement;

t hr g e (4) approve SJCº executive»SJC agency i k h r i s information technology contracts and amendments to those h , t, contracts, including emergency procurements, sole source e u g e b l contracts and price agreements, prior to approval by the e e h n d d i = = o h department of finance and administration;

l ] b ,d i a º e (5) develop and implement procedures to r i = r t e w d standardize data elements, determine data ownership and ensure mdata asharing namong oexecutive dagencies; m :

bSHPAC/SB e452 dPage s6 º(6) overify tcompliance nwith =state .225565.4AICinformation Marcharchitecture 17,and 2023the (2:20pm)state sinformation ktechnology mstrategic eplan -before 7approving -documents ereferred ato nin eParagraphs d(2) rand e(4) lof uthis [subsection; A d SHPAC/SB 452 data sharing among executive agencies;

(6)(7) verifymonitor agency compliance with stateits informationagency architectureplan, and the state information technology strategic plan beforeand approvingstate documentsinformation referredarchitecture and report to inthe Paragraphsgovernor, (2)executive agency management and (4)the oflegislative thisfinance subsection;committee on noncompliance;

(7) monitor SJCº executive»SJC agency compliance with its agency plan, the state information technology strategic plan and state information architecture and report to the governor, executive agency management and the legislative finance committee on noncompliance;

(9) provide technical support to executive h agencies in the development of their agency plans;

g o (10) ensure the use of existing public or t hr g e i k private information technology or telecommunications resources h r i s when the use is practical, efficient, effective and financially h , t, prudent and is in compliance with the Procurement Code;

e u g e b l e e h (11) review appropriation requests related to nagency dinformation dtechnology irequests =to =ensure ocompliance hwith SJCºagency executive»SJCplans agencyand the state information technology requestsstrategic toplan land ]make bwritten ,drecommendations iby aSHPAC/SB º452 ePage ensure7 complianceNovember with14 agencyof planseach andyear to the statedepartment informationof rfinance iand =administration rand tby eNovember w21 dof meach ayear nto othe technologylegislative strategicfinance plancommittee and makethe writtenappropriate recommendationsinterim bylegislative dcommittee; m :

b e d s º o t n = .225565.4AIC March 17, 2023 (2:20pm) s k m e - 8 - e a n e d r e l u [ A d SHPAC/SB 452 November 14 of each year to the department of finance and administration and by November 21 of each year to the legislative finance committee and the appropriate interim legislative committee;

(14) conduct reviews of information technology h u » r projects and provide written reports to the appropriate t h g e legislative oversight bodies;

l i h r (15) conduct background checks on department i s h , e h employees and prospective department employees that have or t u g e b l will have administrative access or authority to sensitive, e e , gh n d d i confidential or private information or the ability to alter =SHPAC/SB =452 oPage h8 l ] b ,d i a º r systems, networks or other information technology hardware or e r = t e w d software;

and m(16) aperform nany oother dinformation mtechnology :function assigned by the governor.

b r e t º o t n = .225565.4AIC March 17, 2023 (2:20pm) s k m e - 9 - e a n e d r e l u [ A d SHPAC/SB 452 (16) perform any other information technology function assigned by the governor.

(2) offer cybersecurity risk prevention and information technology mitigation and response solutions, including application and equipment selection, intrusion h response, system monitoring or system testing for all users of u » r agency-operated or -owned information technology, to include t h g e compliance standards for broadband infrastructure projects l i h r i s within the oversight or administration of the department;

and h , e h (3) establish an administrative hearing and t u g e b l enforcement process internal to the department or in eSHPAC/SB e452 ,Page gh9 n d d i = = o h coordination with the administrative hearings office to support l ] b ,d i a º r the department's private sector regulatory activities or any e r = t e w d administratively attached office or body.

mE. a n o d m :

bEach ragency eshall tsubmit ºan oagency tinformation ntechnology =plan .225565.4AICto Marchthe 17,secretary 2023in (2:20pm)the sform kand mdetail erequired -by 10the -secretary. e a n e d r e l u [ A d SHPAC/SB 452 [D.] E.

Each SJCºexecutive»SJC agency shall submitconduct anbackground checks on agency informationor technologyprospective planagency toemployees thethat secretaryhave inor thewill formhave andadministrative detailaccess requiredor byauthority theto secretary.alter systems, networks or other information technology hardware or software.

EachF. SJCºexecutive»SJC agency shall conduct background checks on agency or prospective agency employees that have or will have administrative access or authority to alter systems, networks or other information technology hardware or software.

[E.]An F.agency that receives an invoice from the department for services rendered to the agency shall have thirty days from receipt of the invoice to pay the department or to notify the department if the amount of the invoice is in dispute.

SJCºA state»SJC SJCºAn»SJC agency that receives an invoice from the department for services rendered to the agency shall have thirty days from receipt of the invoice to pay the department or to notify the department if the amount of the invoice is in dispute.

If h the department and the agency do not agree on a resolution, the g o secretary of finance and administration shall make a t hr g e determination on the amount owed by the agency to the i k h r i s department.

If the agency has not paid the department or h , t, notified the department of a dispute within thirty days of e u g e b l receipt of the invoice, the department shall notify the eSHPAC/SB e452 hPage n10 d d i department of finance and administration and request that the = = o h l ] b ,d i a º e department of finance and administration transfer funds from r i = r t e w d the agency to the department of information technology to msatisfy athe nagency's oobligation. d m :

bG. e d s º o t n = .225565.4AIC March 17, 2023 (2:20pm) s k m e - 11 - e a n e d r e l u [ A d SHPAC/SB 452 satisfy the agency's obligation.

[F.]The G.secretary, as chief information officer, shall prepare a state information technology strategic plan for the executive branch and update it at least once every three years, which plan shall be available to agencies by July 31 of each year.

The secretary, as chief information officer, shall prepare a state information technology strategic plan for the executive branch and update it at least once every three years, which plan shall be available to agencies by July of each year.

h (4) development of a statewide broadband g o network plan in conjunction with the public education t hr g e i k department, the higher education department, state h r i s universities, other educational institutions, the public school h , t, capital outlay council, political subdivisions of the state, e u g e b l e e h Indian nations, tribes and pueblos, the public regulationSHPAC/SB n452 dPage d11 iregulation = = o h commission and telecommunication network service providers;

and l ] b ,d i a º e (5) coordination and aggregation of services r i = r t e w d where feasible for entities as provided for in Section 9-27-20 mNMSA a1978 nand oother dpublicly mfunded :entities.

bH. e d s º o t n = .225565.4AIC March 17, 2023 (2:20pm) s k m e - 12 - e a n e d r e l u [ A d SHPAC/SB 452 NMSA 1978 and other publicly funded entities.

[G.

] H.

[H.I.

] I.

[I.J.

The]Pursuant J.to the State Rules Act and rules promulgated pursuant to that act, the secretary may make and adopt such reasonable procedural rules as may be necessary to carry out the duties, or relating to any matter within the oversight, of the department and its administratively attached offices or public bodies, divisions and requirements and standards for the executive branch's information technology needs, functions, systems and resources, including:

PursuantSHPAC/SB to452 thePage State12 Rules(1) Act and rules promulgated pursuant to that act, the secretary may make and adopt such reasonable procedural rules as may be necessary to carry out the duties, or relating to any matter within the h oversight, of the department and its administratively attached g o offices or public bodies, divisions and requirements and t hr g e standards for the executive branch's information technology isecurity; k h r i s needs, functions, systems and resources, including:

h(2) ,approval t,for (1)procurement of information technology security;not in conflict with the Procurement Code that exceeds an amount set by rule;

e(3) udetail gand eformat b l (2) approval for procurementthe ofagency information e e h n d d i technology notplan; in conflict with the Procurement Code that = = o h l ] b ,d i a º e exceeds an amount set by rule;

r i = r t e w d (3) detail and format for the agency m a n o d m :

b e d s º o t n = .225565.4AIC March 17, 2023 (2:20pm) s k m e - 13 - e a n e d r e l u [ A d SHPAC/SB 452 information technology plan;

[J.] K.

Notice of the subject matter of the rule, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed rule, proposed amendment or h repeal of an existing rule may be obtained shall be published g o once at least thirty days prior to the hearing date in a t hr g e i k newspaper of general circulation and mailed at least thirty h r i s days prior to the hearing date to all persons SHPAC/SB 452 Page 13 who have made a h , t, written request for an advance notice of hearing.

Rules shall e u g e b l e e h be filed in accordance with the State Rules Act." n d d i = = o h SECTION 3.

Section 9-27-7 NMSA 1978 (being Laws 2007, l ] b ,d i a º e Chapter 290, Section 7, as amended) is amended to read:

r i = r t e w d m a n o "9-27-7.

INFORMATION TECHNOLOGY RATE COMMITTEE-- dMEMBERSHIP--DUTIES.-- mA. :

b e d s º o t n = .225565.4AIC March 17, 2023 (2:20pm) s k m e - 14 - e a n e d r e l u [ A d SHPAC/SB 452 MEMBERSHIP--DUTIES.-- A.

h (3) consider for approval an equitable rate gSHPAC/SB o452 Page 14 and fee schedule based on cost recovery for state agencies that t hr g e use information technology services and pay rates to an i k h r i s internal service fund, with priority service to public safety h , t, agencies;

e u g e b l (4) present the committee's proposed rate and e e h n d d i fee schedule by June 1 of each year to the office of the = = o h l ] b ,d i a º e governor, the department of finance and administration and the r i = r t e w d legislative finance committee;

and m(5) by July 15 of each year, implement a nrate oand dfee mschedule :based on the committee's recommendations;

b e d s º o t n = .225565.4AIC March 17, 2023 (2:20pm) s k m e - 15 - e a n e d r e l u [ A d SHPAC/SB 452 (5) by July 15 of each year, implement a rate and fee schedule based on the committee's recommendations;

LEASE OF RADIO COMMUNICATIONS NETWORK-- CONDITIONS AND REQUIREMENTS.--In exercising supervisory control pursuant to Section [15-2-2 ] 9-27-14 NMSA 1978, the department [of information technology ] may lease to a private entity excess capacity relating to the provision of two-way radio services on its radio communications property, including h buildings, towers or antennas, provided that:

gSHPAC/SB o452 [A.Page 15 A.

the lease conformsis withfor competitivean procurementequivalent tvalue hrexchange gof emoney ior kproperty requirementsor ofservices; the Procurement Code;

hB. r i s B.] A.

the leasesecretary iscertifies forthat anthe [equal]excess equivalentcapacity valuewill hbe ,available t,for exchangeat ofleast moneythe orduration propertyof orthe serviceslease; ;

eC. u g e b l e e h [C.

]if B.the lease exceeds ten years, the lease is first approved by the state board of finance;

theD. secretary [of information technology] n d d i = = o h certifies that the excess capacity will be available for at l ] b ,d i a º e least the duration of the lease;

rthe idepartment =has rsubmitted tto ethe wlegislative dfinance mcommittee a ndetailed oplan [D.for the use of excess capacity being leased and an assessment of how the lease will affect public sector uses and local telecommunication service providers;

]and C.E.

ifincome from the leaseleases exceedsshall tenbe years,deposited to the leasecredit dof mthe :department and used to carry out the duties of the department." SECTION 5.

b e d s º o t n = .225565.4AIC March 17, 2023 (2:20pm) s k m e - 16 - e a n e d r e l u [ A d SHPAC/SB 452 is first approved by the state board of finance;

[E.

] D.

the department [of information technology] has submitted to the legislative finance committee a detailed plan for the use of excess capacity being leased and an assessment of how the lease will affect public sector uses and local telecommunication service providers;

and [F.

] E.

income from the leases shall be deposited to the credit of the department [of information technology ] and used to carry out the duties of the department." SECTION 5.

[NEW MATERIAL ] TELECOMMUNICATIONS--DUTIES.-- A.

The department shall enter into necessary agreements to provide, where feasible, a telecommunication network and related facilities to all executive, legislative h and judicial branches and may, when capacity exists and it is g o economical, provide a telecommunication network and related t hr g e facilities to educational institutions and other entities, withSHPAC/SB i452 kPage h16 rwith i s a preference to public entities.

h , t, B.

The department may, in compliance with the e u g e b l Procurement Code, establish price agreements with vendors for e e h n d d i information technology goods and services.

Any public body may = = o h l ] b ,d i a º e directly procure goods or services offered under a department-department-placed r i = r t e w d placed price agreement other than a price agreement for an menterprise aservice nadministered oby dthe mdepartment. :

b e d s º o t n = .225565.4AIC March 17, 2023 (2:20pm) s k m e - 17 - e a n e d r e l u [ A d SHPAC/SB 452 enterprise service administered by the department.

INDIAN NATIONS, TRIBES AND PUEBLOS--AGENCY-PUEBLOS-- hAGENCY-OWNED OWNED OR -OPERATED BROADBAND NETWORK--STATEWIDE BROADBAND--BROADBAND--RIGHT-OF-WAY g o RIGHT-OF-WAY AGREEMENT AND SERVICE AGREEMENT.--IndianAGREEMENT.-- nations,SHPAC/SB t452 hrPage g17 eIndian inations, k tribes and pueblos may connect to [the ] an agency-ownedagency- owned or h r i s -operated statewide broadband network in exchange for a h , t, mutually agreed upon right-of-way agreement or a service e u g e b l e e h agreement with the chief information officer.

The chief n d d i = = o h information officer shall apply for reimbursements from the l ] b ,d i a º e federal universal service fund pursuant to Section 254 of the r i = r t e w d m a n o federal Telecommunications Act of 1996, 47 U.S.C.

254, as such dsection mexisted :on January 1, 2006, on behalf of Indian nations, tribes and pueblos that execute a right-of-way agreement or service agreement." SECTION 7.

b e d s º o t n = .225565.4AIC March 17, 2023 (2:20pm) s k m e - 18 - e a n e d r e l u [ A d SHPAC/SB 452 section existed on January 1, 2006, on behalf of Indian nations, tribes and pueblos that execute a right-of-way agreement or service agreement ." SECTION 7.

"broadband infrastructure" means [any cable or device used for high-capacity transmission of a wide range of frequencies enabling a large number of electronic messages to be transmitted or received simultaneously] facilities and equipment used to provide internet service, excluding telecommunications equipment owned, controlled or operated by a public or private end user;

h C.

"department", unless otherwise specified, means g o the department of information technology;

t hr g e [C.] D.

"director" means the director of the i k h r i s broadband office;

h , t, E.

"end user" means an individual, business, eSHPAC/SB u452 gPage e18 b l institution or governmental entity that subscribes to an e e h n d d i internet service and does not resell that service to other = = o h l ] b ,d i a º e individuals or entities;

r i = r t e w d F.

"facilities-based provider" means a provider of minternet aservice nto oend dusers min :New Mexico using facilities that satisfy any of the following criteria:

b e d s º o t n = .225565.4AIC March 17, 2023 (2:20pm) s k m e - 19 - e a n e d r e l u [ A d SHPAC/SB 452 internet service to end users in New Mexico using facilities that satisfy any of the following criteria:

(4) wireless spectrum for which the entity holds a license or that the entity manages or has obtained the right to use via a spectrum leasing arrangement or comparable arrangement pursuant to federal regulations promulgated pursuant to the federal Communications Act of 1934, as amended, h or upon subsequent amendment or repeal of that act, by the g o broadband office by rule;

or t hr g e i k (5) unlicensed spectrum;

h r i s G.

"internet" means a global set of computing and h , t, electronic devices interconnected through networking eSHPAC/SB u452 gPage e19 b l e e h infrastructures to provide data and information sharing and n d d i = = o h communication facilities;

l ] b ,d i a º e [D.] H.

"local government" means the government of r i = r t e w d a municipality, county or political subdivision of the state;

mI. a n o d m :

b e d s º o t n = .225565.4AIC March 17, 2023 (2:20pm) s k m e - 20 - e a n e d r e l u [ A d SHPAC/SB 452 I.

[E.] J.

"public educational institution" means a public school, a school district, a public post-secondary educational institution or SJCºan a state»SJC SJCºan»SJC agency that provides administrative, funding or technical support to public schools, school districts and public post-secondary educational institutions;

[F.K.

] K.

[and ] L.

"state-owned broadband network" means the state-state-owned owned broadband infrastructure that is owned, leased or operated by the department;

h [G.] M.

"statewide broadband plan" means a plan, g o including recommended statutory changes and implementation t hr g e procedures, for the development and expansion of broadband i k h r i s infrastructure and services throughout the state to meet the h , t, needs:

eSHPAC/SB u452 gPage e20 b l (1) for the delivery of internet-based e e h n d d i educational, medical and emergency services;

= = o h l ] b ,d i a º e (2) for local and tribal communities to foster r i = r t e w d and recruit internet-reliant business and industry and to mpromote aeconomic ndevelopment oand djob mcreation; :

band e(3) dto ssupport ºinternet-reliant ostate, tlocal nand =tribal .225565.4AICgovernment Marchfunctions 17,and 2023facilitate (2:20pm)the sdelivery kof mgovernmental eservices -in 21 - e a nmanner ethat dis rcompetitive ewith lsimilar ugovernment [agencies Ain dneighboring SHPAC/SBstates; 452 promote economic development and job creation;

and (3) to support internet-reliant state, local and tribal government SJCº agency»SJC functions and facilitate the delivery of governmental services in a manner that is competitive with similar government agencies in neighboring states;

Section 63-9J-3 NMSA 1978 (being Laws 2021, h Chapter 123, Section 3) is amended to read:

g o "63-9J-3.

OFFICE OF BROADBAND ACCESS AND EXPANSION t hr g e i k CREATED--DIRECTOR--STANDARDS--DATA COLLECTION--STATEWIDE h r i s BROADBAND PLAN--ASSISTANCE FOR POLITICAL SUBDIVISIONS.-- h , t, A.

The "office of broadband access and expansion" e u g e b l e e h is created and is administratively attached to the departmentSHPAC/SB n452 dPage d21 idepartment. = = o h [of information technology ].

l ] b ,d i a º e B.

The broadband office shall be managed by the r i = r t e w d m a n o director, who shall be appointed by the governor.

The director dmay mhire :staff as needed to meet the responsibilities of the broadband office.

b e d s º o t n = .225565.4AIC March 17, 2023 (2:20pm) s k m e - 22 - e a n e d r e l u [ A d SHPAC/SB 452 may hire staff as needed to meet the responsibilities of the broadband office.

(2) create and maintain an official, publicly accessible online New Mexico broadband access map showing broadband availability and quality of service for homes, businesses and public institutions on a county-by-countycounty-by- county basis;

(b) the number of homes and businesses h that have broadband service that falls below the quality of g o service standards established by the broadband office;

and t hr g e (c) the locations of broadband i k h r i s infrastructure currently owned or projected for construction by h , t, the state or local governments on a county-by-county basis.

eSHPAC/SB u452 gPage e22 b l D.

On or before January 1, 2022, the broadband e e h n d d i office shall develop and provide to the governor and the = = o h l ] b ,d i a º e legislature a three-year statewide broadband plan.

r i = r t e w d E.

On or before January 1, 2023, and on or before mJanuary a1 nof oeach dyear mthereafter, :the broadband office shall update and revise the statewide broadband plan developed pursuant to this section for the ensuing three years and report the updated and revised statewide broadband plan to the governor and the legislature.

b e d s º o t n = .225565.4AIC March 17, 2023 (2:20pm) s k m e - 23 - e a n e d r e l u [ A d SHPAC/SB 452 January 1 of each year thereafter, the broadband office shall update and revise the statewide broadband plan developed pursuant to this section for the ensuing three years and report the updated and revised statewide broadband plan to the governor and the legislature.

In the development of the statewide broadband plan, the broadband office shall request advice and provide opportunities for meaningful input from each local and tribal government within New Mexico, and all state agencies and public educational institutions shall cooperate with and provide relevant broadband-related information collected or developed h by the agencies as requested by the broadband office.

u » r G.

The broadband office shall implement the t h g e statewide broadband plan.

lSHPAC/SB i452 hPage r23 i s H.

The broadband office shall provide technical and h , e h planning assistance to local governments, public educational t u g e b l institutions and state agencies in the design, development or e e , gh n d d i = = o h implementation of their own plans for the development of l ] b ,d i a º r broadband service.

When providing planning and technical e r = t e w d assistance, the broadband office shall encourage the use of mregional planning and may provide planning and technical assistance to tribal government agencies and schools when those entities are participants in a njoint opowers dagreement mwith :a county, municipality, political subdivision, public educational institution or agency or memorandum of understanding for the design, development or implementation of a regional broadband plan.

b r e t º o t n = .225565.4AIC March 17, 2023 (2:20pm) s k m e - 24 - e a n e d r e l u [ A d SHPAC/SB 452 regional planning and may provide planning and technical assistance to tribal government agencies and schools when those entities are participants in a joint powers agreement with a county, municipality, political subdivision, public educational institution or SJCº state»SJC agency or memorandum of understanding for the design, development or implementation of a regional broadband plan.

In furtherance of statewide broadband planning, all facilities-based providers shall report semiannually to the broadband office the same data in the same format that is h u » r reported to the federal communications commission pursuant to t h g e federal law governing data submitted for broadband mapping.

lSHPAC/SB i452 hPage r24 The reports shall be submitted each year on or before April 1, i s h , e h with regard to data existing as of December 31 of the prior t u g e b l year, and on or before October 1, with regard to data existing e e , gh n d d i as of June 30 of the then current year.

All information = = o h l ] b ,d i a º r reported by a facilities-based provider pursuant to this e r = t e w d subsection shall be maintained as confidential information by mthe abroadband noffice oin daccordance mwith :applicable state or federal law.

b r e t º o t n = .225565.4AIC March 17, 2023 (2:20pm) s k m e - 25 - e a n e d r e l u [ A d SHPAC/SB 452 the broadband office in accordance with applicable state or federal law.

COORDINATION OF STATE AND LOCAL GOVERNMENT BROADBAND EFFORTS.-- h A.

The broadband office shall identify federal and u » r nongovernmental broadband funding assistance opportunities for t h g e local governments, public educational institutions, state lSHPAC/SB i452 hPage r25 i s agencies and tribal governments and shall publish a list of h , e h those opportunities in a manner that can be searched on a t u g e b l county-by-county basis.

e e , gh n d d i = = o h B.

The broadband office may be the applicant for l ] b ,d i a º r such funding assistance for all state agencies except the e r = t e w d department of transportation.

mC. a n o d m :

b r e t º o t n = .225565.4AIC March 17, 2023 (2:20pm) s k m e - 26 - e a n e d r e l u [ A d SHPAC/SB 452 C.

The broadband office shall develop proposals for government agencies at the local, county and state levels to build and pay for broadband networks, upon request for such h u » r assistance.

t h g e E.

The broadband office shall advise and make lSHPAC/SB i452 hPage r26 recommendations to the department regarding proposals to use i s h , e h the state-owned broadband network for the purpose of connecting t u g e b l unserved and underserved populations of the state to internet e e , gh n d d i service on the basis of open access that supports objectives of = = o h l ] b ,d i a º r the state broadband plan;

e r = t e w d (1) the department may lease a portion of the mstate-owned broadband network or provide internet service to a nfacilities-based oprovider dthat moffers :fixed wire broadband to end users in the state pursuant to the following conditions:

b r e t º o t n = .225565.4AIC March 17, 2023 (2:20pm) s k m e - 27 - e a n e d r e l u [ A d SHPAC/SB 452 state-owned broadband network or provide internet service to a facilities-based provider that offers fixed wire broadband to end users in the state pursuant to the following conditions:

3) the specifications of the broadband infrastructure or internet h service that will be the subject of the lease or internet u » r service agreement;

and 4) the price SHPAC/SB 452 Page 27 upon which the lease or t h g e internet service agreement shall be offered by the department;

l i h r i s (c) within the forty-five-day posting h , e h period required by Subparagraph (b) of this paragraph, no t u g e b l private facilities-based provider has notified the broadband e e , gh n d d i = = o h office in writing that it can provide the same broadband l ] b ,d i a º r infrastructure or internet service identified in the notice, as e r = t e w d applicable, at a price that does not exceed one hundred ten mpercent aof nthe oprice dbeing moffered :by the department;

b r e t º o t n = .225565.4AIC March 17, 2023 (2:20pm) s k m e - 28 - e a n e d r e l u [ A d SHPAC/SB 452 percent of the price being offered by the department;

and (4) the department shall adopt and implement rules to govern the lease or sale of state-owned broadband SHPAC/SB 452 Page 28 network capacity to the private sector.

The rules shall h u » r include processes that will enable a facilities-based provider t h g e to challenge a determination that an area is eligible to l i h r receive state-owned broadband network capacity." i s h , e h SECTION 10.

EFFECTIVE DATE.--The effective date of the t u g e b l provisions of this act is July 1, 2023.

eSHPAC/SB e452 ,Page gh n d d i - 29 -8 =25 = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .225565.4AIC March 17, 2023 (2:20pm) s k m e e a n e d r e l u [ A d