New Mexico 2021 Regular Session Status: Enacted 2 D cosponsors

SB 93 — BROADBAND ACCESS & EXPANSION ACT

Last action — Signed

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 19, 2021. Enacted.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

163 added · 590 removed

Plain-language change summary

The updated version of SB 93 adds a new office called the Office of Broadband Access and Expansion and defines its roles. This change is significant because it establishes a dedicated entity to oversee broadband infrastructure development and expansion, ensuring that more communities can access high-speed internet. Previously, the bill included a broader scope with a council and fund, but those elements have been removed for a more streamlined approach focused on establishing the office. Overall, this simplification emphasizes the need to improve broadband access for all New Mexicans.

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SENATE BILL 93 55TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Michael Padilla and Elizabeth "Liz” Stefanics This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
AN ACT RELATING TO BROADBAND;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
ENACTING THE BROADBAND ACCESS AND EXPANSION ACT;
h AN ACT g o RELATING TO BROADBAND;
ESTABLISHING THE OFFICE OF BROADBAND ACCESS AND EXPANSION;
ENACTING THE BROADBAND ACCESS AND t hr g e i k EXPANSION ACT;
PROVIDING POWERS AND DUTIES.
ESTABLISHING THE OFFICE OF BROADBAND ACCESS AND h r i s EXPANSION;
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Hfl1º SFCºCREATING THE BROADBAND ACCESS AND h , t, EXPANSION COUNCIL;
CREATING THE BROADBAND ACCESS AND EXPANSION e u g e b l e e h FUND;»SFC»Hfl1 PROVIDING POWERS AND DUTIES Hfl1ºSFCº;
MAKING n d d i = = o h AN APPROPRIATION»SFC»Hfl1 Hfl1ºHfl1º;
MAKING AN l ] b ,d i a º e APPROPRIATION»Hfl1 »Hfl1 .
r i = r t e w d m a n o d m :
b e d s º o t n = .218218.2AIC March 19, 2021 (4:20pm) s k m e e a n e d r e l u [ A d BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
[NEW MATERIAL ] SHORT TITLE.--This act may be cited as the "Broadband Access and Expansion Act".
SHORT TITLE.--This act may be cited as the "Broadband Access and Expansion Act".
[NEW MATERIAL] DEFINITIONS.--As used in the Broadband Access and Expansion Act:
DEFINITIONS.--As used in the Broadband Access and Expansion Act:
Hfl1º SFCºC.
C.
"council" means the broadband access and expansion council;»SFC»Hfl1 SFCº C.»SFC Hfl1ºSFCºD.»SFC»Hfl1 Hfl1ºC.»Hfl1 "director" means the director of the broadband office;
"director" means the director of the broadband office;
SFCºD.»SFC Hfl1ºSFCºE.»SFC»Hfl1 Hfl1ºD.»Hfl1 "local government" means the government of a municipality, h g county or political subdivision of the state;
D.
o t hr SFCºE.»SFC Hfl1ºSFCºF.»SFC»Hfl1 Hfl1ºE.»Hfl1 g e i k "public educational institution" means a public school, a h r i s h school district, a public post-secondary educational , t, e u g institution or a state agency that provides administrative, e b l e e h funding or technical support to public schools, school n d d i = = o h l ] b ,d districts and public post-secondary educational institutions;
"local government" means the government of a municipality, county or political subdivision of the state;
i a º e r i = r SFCº F.»SFC Hfl1ºSFCºG.»SFC»Hfl1 Hfl1ºF.»Hfl1 t e w d m a n o "quality of service" means the standards Hfl1º for broadband d m :
E.
b e d s º o t n = .218218.2AIC March 19, 2021 (4:20pm) s k m e - 2 - e a n e d r e l u [ A d service established by the broadband office pursuant to the Broadband Access and Expansion Act, including upload and download speeds, number of days per month without service interruption and any other standard that the broadband office establishes by rule»Hfl1 Hfl1ºestablished by the federal communications commission»Hfl1 ;
"public educational institution" means a public school, a school district, a public post-secondary educational institution or a state agency that provides administrative, funding or technical support to public schools, school districts and public post-secondary SB 93 Page 1 educational institutions;
and SFCºG.»SFC Hfl1ºSFCºH.»SFC»Hfl1 Hfl1ºG.»Hfl1 "statewide broadband plan" means a plan, including recommended statutory changes and implementation procedures, for the development and expansion of broadband infrastructure and services throughout the state to meet the needs:
F.
"quality of service" means the standards established by the federal communications commission;
and G.
"statewide broadband plan" means a plan, including recommended statutory changes and implementation procedures, for the development and expansion of broadband infrastructure and services throughout the state to meet the needs:
and h (3) to support internet-reliant state, local u » r and tribal government agency functions and facilitate the t h g e l i delivery of governmental services in a manner that is h r i s competitive with similar government agencies in neighboring h , e h states.
and (3) to support internet-reliant state, local and tribal government agency functions and facilitate the delivery of governmental services in a manner that is competitive with similar government agencies in neighboring states.
t u g e b l e e , gh SECTION 3.
SECTION 3.
[NEW MATERIAL ] OFFICE OF BROADBAND ACCESS AND n d d i = = o h EXPANSION CREATED--DIRECTOR--STANDARDS--DATA COLLECTION-- l ] b ,d i a º r STATEWIDE BROADBAND PLAN--ASSISTANCE FOR POLITICAL e r = t e w d m a n o SUBDIVISIONS.-- d m :
OFFICE OF BROADBAND ACCESS AND EXPANSION CREATED--DIRECTOR--STANDARDS--DATA COLLECTION--STATEWIDE BROADBAND PLAN--ASSISTANCE FOR POLITICAL SUBDIVISIONS.-- A.
b r e t º o t n = .218218.2AIC March 19, 2021 (4:20pm) s k m e - 3 - e a n e d r e l u [ A d A.
The broadband office shall be managed by the director, who shall be appointed by the governor.
The broadband office shall be managed by the SB 93 Page 2 director, who shall be appointed by the governor.
and (3) create and maintain a repository for h broadband data and information in New Mexico on a county-by- g o t hr county basis, including:
and (3) create and maintain a repository for broadband data and information in New Mexico on a county-by-county basis, including:
g e i k (a) the number of homes and businesses h r i s that do not have access to broadband service;
(a) the number of homes and businesses that do not have access to broadband service;
Hfl1º and»Hfl1 h , t, (b) the number of homes and businesses e u g e b l e e h that have broadband service that falls below the quality of n d d i = = o h service standards established by the broadband office l ] b ,d i a º e Hfl1º .»Hfl1 Hfl1º;
(b) the number of homes and businesses that have broadband service that falls below the quality of service standards established by the broadband office;
and»Hfl1 r i = r t e w d m a n o Hfl1º(c) the locations of broadband d m :
and (c) the locations of broadband infrastructure currently owned or projected for construction by the state or local governments on a county-by-county basis.
b e d s º o t n = .218218.2AIC March 19, 2021 (4:20pm) s k m e - 4 - e a n e d r e l u [ A d infrastructure currently owned or projected for construction by the state or local governments on a county-by-county basis.»Hfl1 D.
D.
On or before January 1, 2022, the broadband office shall develop and provide to the governor and the legislature a three-year statewide broadband plan.
On or before January 1, 2022, the broadband office shall develop and provide to the governor and the SB 93 Page 3 legislature a three-year statewide broadband plan.
In its initial plan pursuant to Subsection D of this section and in its annual revised and updated plan pursuant to this subsection, the broadband office shall provide an assessment of broadband service across the state compared to the standards established by the various h federal broadband regulatory and assistance programs.
In its initial plan pursuant to Subsection D of this section and in its annual revised and updated plan pursuant to this subsection, the broadband office shall provide an assessment of broadband service across the state compared to the standards established by the various federal broadband regulatory and assistance programs.
u » r F.
F.
In the development of the statewide broadband t h g e l i plan, the broadband office shall request advice and provide h r i s opportunities for meaningful input from each local and tribal h , e h government within New Mexico, and all state agencies and public t u g e b l e e , gh educational institutions shall cooperate with and provide n d d i = = o h relevant broadband-related information collected or developed l ] b ,d i a º r by the agencies as requested by the broadband office.
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 by the agencies as requested by the broadband office.
e r = t e w d m a n o Hfl1º G.
G.
The broadband office shall implement the d m :
The broadband office shall implement the statewide broadband plan.
b r e t º o t n = .218218.2AIC March 19, 2021 (4:20pm) s k m e - 5 - e a n e d r e l u [ A d statewide broadband plan.»Hfl1 Hfl1ºG.»Hfl1 Hfl1ºH.»Hfl1 The broadband office shall provide technical and planning assistance to local governments, public educational institutions and state agencies in the design, development or implementation of their own plans for the development of broadband service.
H.
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The broadband office shall provide technical and planning assistance to local governments, public SB 93 Page 4 educational institutions and state agencies in the design, development or implementation of their own plans for the development of broadband service.
Hfl1º SFCºH.
I.
The broadband office may form an advisory committee comprising representatives of state, local h and tribal government agencies and the general public to u » r facilitate the collection of information and the development of t h g e l i proposals for the statewide broadband plan;
The broadband office may form an advisory committee comprising representatives of state, local and tribal government agencies and the general public to facilitate the collection of information and the development of proposals for the statewide broadband plan;
provided that if an h r i s advisory committee is formed, at least three different tribal h , e h agencies shall be represented on the committee.»SFC»Hfl1 t u g e b l e e , gh Hfl1º Hfl1ºH.»Hfl1 Hfl1ºI.»Hfl1 The broadband n d d i = = o h office may form an advisory committee comprising l ] b ,d i a º r e r = representatives of state, local and tribal government agencies t e w d m a n o and the general public to facilitate the collection of d m :
provided that if an advisory committee is formed, at least three different tribal agencies shall be represented on the committee.
b r e t º o t n = .218218.2AIC March 19, 2021 (4:20pm) s k m e - 6 - e a n e d r e l u [ A d information and the development of proposals for the statewide broadband plan;
SECTION 4.
provided that if an advisory committee is formed, at least three different tribal agencies shall be represented on the committee.»Hfl1 SECTION 4.
COORDINATION OF STATE AND LOCAL GOVERNMENT BROADBAND EFFORTS.-- A.
[NEW MATERIAL] COORDINATION OF STATE AND LOCAL GOVERNMENT BROADBAND EFFORTS.-- A.
The broadband office shall identify federal and nongovernmental broadband funding assistance opportunities for local governments, public educational institutions, state agencies and tribal governments and shall publish a list of those opportunities in a manner that can be searched on a SB 93 Page 5 county-by-county basis.
The broadband office shall identify federal and nongovernmental broadband funding assistance opportunities for local governments, public educational institutions, state agencies and tribal governments and shall publish a list of those opportunities in a manner that can be searched on a county-by-county basis.
B.
Hfl1º B.
The broadband office shall be the applicant for such funding assistance for all state agencies.
C.
State agencies and public educational institutions shall coordinate with the broadband office for the h purchase of broadband infrastructure and services with the goal u » r of implementing bulk pricing agreements.
t h g e l i D.
The broadband office shall negotiate and may h r i s enter into memoranda of understanding with federal, local h , e h t u g government, state and tribal government agencies to create a e b l e e , gh uniform system of permits, licenses and regulation of rights of n d d i = = o h way for broadband infrastructure across all governmental l ] b ,d i a º r e r = jurisdictions within each region of the state, with the goal of t e w d m a n o creating uniform permitting and licensing requirements d m :
b r e t º o t n = .218218.2AIC March 19, 2021 (4:20pm) s k m e - 7 - e a n e d r e l u [ A d statewide.
The broadband office shall develop proposals for government agencies at the local, county and state levels to build and pay for broadband networks.»Hfl1 Hfl1ºB.
The broadband office shall coordinate with and may enter into memoranda of understanding with federal, local government, state and tribal government agencies to create an integrated system of permits, licenses and rules for broadband infrastructure across all governmental jurisdictions within h each region of the state, including the creation of a u » r t h centralized repository, and an expedited review process for g e l i rights of way use applications, with the goal of creating h r i s uniform coordinated permitting and licensing requirements h , e h t u g statewide.
The broadband office shall coordinate with and may enter into memoranda of understanding with federal, local government, state and tribal government agencies to create an integrated system of permits, licenses and rules for broadband infrastructure across all governmental jurisdictions within each region of the state, including the creation of a centralized repository, and an expedited review process for rights of way use applications, with the goal of creating uniform coordinated permitting and licensing requirements statewide.
The broadband office shall develop proposals for e b l e e , gh government agencies at the local, county and state levels to n d d i = = o h l ] b ,d build and pay for broadband networks, upon request for such i a º r e r = assistance.»Hfl1 t e w d m a n o d m :
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 assistance.
b r e t º o t n = .218218.2AIC March 19, 2021 (4:20pm) s k m e - 8 - e a n e d r e l u [ A d Hfl1ºSFCºSECTION 5.
SB 93 Page 6 25
[NEW MATERIAL] COUNCIL CREATED--POWERS.-- A.
The "broadband access and expansion council" is created and administratively attached to the department of information technology.
B.
The council is composed of the following thirteen members:
(1) the secretary of economic development or the secretary's designee;
(2) the secretary of cultural affairs or the secretary's designee;
(3) the secretary of information technology or the secretary's designee;
(4) the executive director of the New Mexico mortgage finance authority or the executive director's designee;
h g (5) the secretary of higher education or the o t hr secretary's designee;
g e i k (6) the director of the public school h r i s h facilities authority or the director's designee;
, t, e u g (7) the president of the Navajo Nation or the e b l e e h president's designee;
n d d i = = o h l ] b ,d (8) four members of the public who have i a º e r i = r experience with broadband access and connectivity challenges t e w d m a n o d m :
b e d s º o t n = .218218.2AIC March 19, 2021 (4:20pm) s k m e - 9 - e a n e d r e l u [ A d for either private business or public institutions, appointed as follows:
(a) one member appointed by the speaker of the house of representatives;
(b) one member appointed by the minority floor leader of the house of representatives;
(c) one member appointed by the president pro tempore of the senate;
and (d) one member appointed by the minority floor leader of the senate;
and (9) two public members who are experienced with broadband access and connectivity issues for an Indian nation, tribe or pueblo appointed by the tribal infrastructure board.
C.
The chair of the council shall be elected by a quorum of the council members.
The council shall meet monthly h g or at the call of the chair.
A majority of members constitutes o t hr a quorum for the transaction of business.
The affirmative vote g e i k of at least a majority of a quorum present shall be necessary h r i s h for an action to be taken by the council.
, t, e u g D.
Each member of the council appointed pursuant to e b l e e h Paragraph (8) or (9) of Subsection B of this section shall be n d d i = = o h l ] b ,d appointed to a four-year term;
provided that to provide for i a º e r i = r staggered terms:
t e w d m a n o d m :
b e d s º o t n = .218218.2AIC March 19, 2021 (4:20pm) s k m e - 10 - e a n e d r e l u [ A d (1) two of the members initially appointed pursuant to Paragraph (8) of Subsection B of this section shall be appointed for a term of two years;
and (2) one member initially appointed pursuant to Paragraph (9) of Subsection B of this section shall be initially appointed for a term of two years.
E.
Public members of the council shall be reimbursed for attending meetings of the council as provided for nonsalaried public officers in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.
F.
Public members of the council are appointed public officials of the state while carrying out their duties and activities under the Broadband Access and Expansion Act.
G.
A council member shall recuse the council member's self from decisions in which the council member has a h g conflict of interest.
o t hr H.
Council members shall be governed by the g e i k Governmental Conduct Act.
h r i s h I.
The broadband office shall staff the council and , t, e u g provide technical expertise for the grant selection process.
e b l e e h SECTION 6.
[NEW MATERIAL] COUNCIL--DUTIES.--The council n d d i = = o h l ] b ,d shall:
i a º e r i = r A.
adopt rules governing terms and conditions for t e w d m a n o d m :
b e d s º o t n = .218218.2AIC March 19, 2021 (4:20pm) s k m e - 11 - e a n e d r e l u [ A d grants from the broadband access and expansion fund;
and B.
evaluate grant proposals and make grant awards from the broadband access and expansion fund based on criteria established in Section 7 of the Broadband Access and Expansion Act.
SECTION 7.
[NEW MATERIAL] BROADBAND ACCESS AND EXPANSION FUND CREATED.-- A.
The "broadband access and expansion fund" is created in the state treasury.
The fund consists of appropriations, gifts, grants and donations.
Money in the fund is subject to appropriation by the legislature to the council for the purpose of administering the broadband grant program.
Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the chair of the council.
Any unexpended or unencumbered balance in the fund remaining at the end of a h g fiscal year shall not revert to the general fund.
o t hr B.
The council shall establish a broadband grant g e i k program to develop, expand and support access to broadband h r i s h services;
provided that:
, t, e u g (1) the grants shall be awarded on a e b l e e h competitive basis;
and n d d i = = o h l ] b ,d (2) the council shall each year seek to award i a º e r i = r grants for proposals submitted by the following entities t e w d m a n o d m :
b e d s º o t n = .218218.2AIC March 19, 2021 (4:20pm) s k m e - 12 - e a n e d r e l u [ A d throughout the state:
(a) local governments;
(b) state agencies;
(c) public educational institutions;
(d) tribal governments;
and (e) entities created by a joint powers agreement pursuant to the Joint Powers Agreements Act.
C.
The council shall adopt rules establishing the application procedure, the required qualifications for projects and the purposes for which the grants may be used.
In approving grants, consideration shall be given to:
(1) the extent to which the project connects residents in New Mexico with limited or no access to broadband services, with priority given to projects that will connect residents who currently do not have broadband access;
(2) the extent to which the project leverages h g existing infrastructure;
o t hr (3) the extent to which the project leverages g e i k regional collaboration;
h r i s h (4) the extent to which the project , t, e u g complements or coordinates with the statewide broadband plan;
e b l e e h (5) the extent to which the project stimulates n d d i = = o h l ] b ,d in-state economic development, including the creation of jobs i a º e r i = r and apprenticeships;
and t e w d m a n o d m :
b e d s º o t n = .218218.2AIC March 19, 2021 (4:20pm) s k m e - 13 - e a n e d r e l u [ A d (6) the extent to which the project leverages in-kind or financial support from local agencies or entities or federal funding for broadband projects.»SFC»Hfl1 SFCºSECTION 5.
APPROPRIATION.--Nine hundred fifty thousand dollars ($950,000) is appropriated from the general fund to the department of information technology for expenditure in fiscal year 2022 to establish and operate the office of broadband access and expansion.
The appropriation may be used to hire up to five full-time-equivalent staff.
Any unexpended or unencumbered balance remaining at the end of fiscal year 2022 shall revert to the general fund.»SFC - 14 - h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = 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 = .218218.2AIC March 19, 2021 (4:20pm) s k m e e a n e d r e l u [ A d
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Action History

  1. Signed

  2. Senate concurred in House amendments

  3. passed House

  4. floor substitute adopted (1 amendment)

  5. DO PASS committee report adopted

  6. Sent to House State Government, Elections & Indian Affairs Committee

  7. passed Senate

  8. DO PASS, as amended, committee report adopted

  9. DO PASS committee report adopted

  10. Sent to Senate Tax, Business and Transportation Committee & Senate Finance Committee

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 110 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (110)

110 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety technology
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Frequently asked questions

Who sponsors SB 93?
SB 93 is sponsored by Michael Padilla (Democrat) and Elizabeth "Liz" Stefanics (Democrat).
What is the current status of SB 93?
This bill has been enacted into law. Introduced January 19, 2021. Enacted.
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