SB 384 — Establishes certain provisions relating to the award of grants of federal money by a state agency for the development of broadband services and infrastructure. (BDR 18-1035)

(ReprintedSenate withBill amendmentsNo. adopted on April 24, 2023) FIRST REPRINT S.B.

384384–Senator SENATEDaly BILLCHAPTER.......... N O.

384–SENATOR D ALY M ARCH 27, 2023 ____________ Referred to Committee on Government Affairs SUMMARY—Establishes certain provisions relating to the award of grants of federal money by a state agency for the development of broadband services and infrastructure.

(BDR 18-1035) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(1) the Director of the Office to establish and administer a program of infrastructure grants for the development or improvement of broadband services for persons with low income and persons in encouragerural theareas deployment of broadband infrastructure in underserved communitiesgram to in this State.State;

(NRSand 223.600,(2) 223.610, 223.670) Section 2 of this bill sets forth a legislative declaration regarding the importanceOffice ofto usingestablish a well-trained workforce and providingadminister jobsa toprogram residents of this State in expending federal money to increaseencourage the developmentdeployment of broadband servicesinfrastructure andin infrastructureunderserved communities in this State.

(NRS 223.600, 223.610, 223.670) Section 2 of this bill sets forth a and providing jobs to residents of this State in expending federal money to increase the development of broadband services and infrastructure in this State.

(1) evaluate and assign a score to each grant application received by the state agency based on the factors and relative weights assigned to each factor that the statecystate agency specified in the request for grant applications;

Section 3 provides that the applicant must certify that if the applicant or a provider of broadband services will perform some or all of the work or will subcontract some or all of the work to a licensedlicensedrm some contractor, the applicant, provider or contractor:

(1) meets certain safety and training requirements and provides job opportunities with high-quality wages for residents of this State and members of underrepresented communities;

or (2) is a signatory to a collective bargaining agreement that covers the direct employees of - *SB384_R1* – 2 – the applicant who will perform any work financed in whole or in part by the grant money.

Section 3 also provides that if an applicant providesor aprovider certificationis thata thesignatory jobto opportunitiesa withcollective high-qualitybargaining wagesagreement, forcertain residentsprovisions of thislaw Staterequiring andthe memberspayment of underrepresentedconforming communities,change certainto provisionsprovide ofan lawexception requiringto the paymentrequirements ofto pay prevailing wages on public worksworks. do not apply.

Section 3.53 offurther thisrequires billeach makesstate aagency conforming change to provideinclude anas exceptiona tocondition theof requirementsany togrant payaward prevailingthat: wages on public works.

grant award that:

- 82nd Session (2023) – 2 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

The State of Nevada needs to ensure that this historic investment creates long-lasting broadband infrastructure that is builtbui3. by a well-trained workforce;

3.byWork performed by an unqualified contractor with a poorly trained workforce endangers the public and is not in the best interest of the citizens of this State;

Work performed by an unqualified contractor with a poorly trained workforce endangers the public and is not in the best interest of the citizens of this State;

(a) Evaluate and assign a score to each application received by the state agency based on the factors and relative weights assigned - *SB384_R1* – 3 – to each factor that the state agency specified in the request for grant applications;

An applicant for a grant of federal money for the development of broadband services and infrastructure shall submit to a state agency with the application for the grant a signed statement certifying that:

- 82nd Session (2023) – 3 – (1) Will perform some or all of the work that is financed in whole or in part with the grant money or if such work will be performed by a provider of broadband services, the applicant or provider, as applicable, meets the requirements set forth in paragr(2) Will subcontract some or all of the work that is financed in whole or in part with the grant money, the subcontractor meets the requirements set forth in paragraph (b) or (c);

and (2) Will subcontract some or all of the work that is financed in whole or in part with the grant money, the subcontractor meets the requirements set forth in paragraph (b) or (c);

and (5) Primarily employs a qualified local work force consisting of residents of this State or conducts a program to promotepro(c) theThe hiringapplicant, provider of residentsbroadband services or contractor licensed pursuant to chapter 624 of thisNRS State;that will perform some or all of the work is a signatory to a collective bargaining agreement that covers all non-supervisory employees directly employed by the applicant, provider or contractor, as applicable, who will perform any work financed in whole or in part with the grant money.

and (6) Has a documented record of complying with all applicable labor and employment laws in the 5-year period immediately preceding the date the grant application is filed or has a documented record of mitigating any violations of the applicable labor and employment laws and has taken measures to ensure future compliance with such laws;

or - *SB384_R1* – 4 – (c) The applicant, provider of broadband services or contractor licensed pursuant to chapter 624 of NRS that will perform some or all of the work is a signatory to a collective bargaining agreement that covers all non-supervisory employees directly employed by the applicant, provider or contractor, as applicable, who will perform any work financed in whole or in part with the grant money.

- 82nd Session (2023) – 4 – 5.

In addition to the requirements of subsections 1 and 2 and except as otherwise provided in federal law, each state agency shall require as a condition of any grant of federal money for the development of broadband services and infrastructure in accordancethat:dance with federal law that is awarded by the state agency that:(a) Any certification provided by the applicant pursuant to subsection 2 is binding upon the applicant who is awarded the grant money;

(a) Any certification provided by the applicant pursuant to subsection 2 is binding upon the applicant who is awarded the grant money;

338.080 Except as otherwise provided in NRS 408.55086, noneto:e of the provisions of NRS 338.020 to 338.090, inclusive, apply to:1.

1.Any work, construction, alteration, repair or other employment performed, undertaken or carried out, by or for any railroad company or any person operating the same, whether such work, construction, alteration or repair is incident to or in conjunction with a contract to which a public body is a party, or otherwise.

Any work, construction, alteration, repair or other employment performed, undertaken or carried out, by or for any - *SB384_R1* – 5 – railroad company or any person operating the same, whether such work, construction, alteration or repair is incident to or in conjunction with a contract to which a public body is a party, or otherwise.

Any work performed for the development of broadband toservices sectionand 3infrastructure ofusing thisgrant actmoney byawarded thepursuant recipient- of82nd theSession grant(2023) money– or5 a– provider of broadband services if the recipient or provider, as a applicable, is a signatory to a collective bargaining agreement, unless the work is performed by a contractor who is licensed pursuant to chapter 624 of NRS.

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