Amended  IN  Assembly  April 11, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1588

Introduced by Assembly Member Wilson
(Coauthors: Assembly Members Aguiar-Curry, Garcia, McKinnor, and Reyes)

February 17, 2023

An act to add Section 11548.5 to the Government Code, relating to communications.


LEGISLATIVE COUNSEL'S DIGEST


AB 1588, as amended, Wilson. Affordable Internet and Net Equality Act of 2023.
Existing law requires all contracts for the acquisition of information technology goods and services related to information technology projects, as defined, to be made by or under the supervision of the Department of Technology, which also has the final authority in the determination of information technology procurement policy.
This bill, the Affordable Internet and Net Equality Act of 2023, would require the Department of Technology, in coordination with the Public Utilities Commission and the Department of General Services, to develop and establish the Net Equality Program. The bill would require the state and state agencies, except as provided, agencies to only do business enter into a procurement contract with an internet service provider offering affordable home internet service to households participating in certain public assistance programs, as specified. The bill would define affordable home internet service to mean internet service costing no more than $40 per month and that meets specified minimum speed requirements. The bill would require these internet service providers to establish a telephone number to sign up eligible households and would require these providers to advertise the availability of affordable home internet service, among other requirements placed on these providers. The
This bill would require the Department of Technology to annually post on its internet website a list of internet service providers that meet the requirements of the bill, as provided. The bill would not apply to the Department of Forestry and Fire Protection, the Office of Emergency Services, political subdivisions of the state, including, but not limited to, cities and counties, a contract entered into before January 1, 2025, or an internet service provider with fewer than 100,000 California residential subscribers. The bill would also make its provisions severable.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 11548.5 is added to the Government Code, to read:

11548.5.
 (a) This section shall be known, and may be cited, as the Affordable Internet and Net Equality Act of 2023.
(b) As used in this section, the following definitions apply:
(1) “Affordable home internet service” means internet service costing no more than forty dollars ($40) per month and that meets the minimum speed requirements.
(2) “Commercial mobile service” means any mobile service that is provided for profit and makes interconnected service available (A) to the public or (B) to such classes of eligible users as to be effectively available to a substantial portion of the public. The Department of Technology may subsequently modify the definition of “commercial mobile service” to avoid conflict with Section 332 of Title 47 of the United States Code or regulations adopted pursuant to that section.
(3) “Eligible household” means a resident in a group home or congregate care facility within the qualified internet service provider’s California service territory participating in a qualified public assistance program, or a household within the qualified internet service provider’s California service territory with at least one resident of the household participating in a qualified public assistance program.
(4) “Internet service” or “internet” means “Broadband Internet access service” as defined in subdivision (b) of Section 3100 of the Civil Code, except commercial mobile service and private mobile service.
(5) “Minimum speed requirements” means at least 25 megabits per second downstream and 3 megabits per second upstream and sufficient speed and latency to support distance learning and telehealth services. The Department of Technology may subsequently increase the “minimum speed requirements” for the purpose of aligning the minimum service requirements with updated state or federal policies, but the department shall not redefine “minimum speed requirements” to provide slower speeds than 25 megabits per second downstream and 3 megabits per second upstream.
(6) “Overall goals for adoption” means that at least 90 percent of eligible households receive affordable home internet service by January 1, 2025, and at least 95 percent of eligible households receive affordable home internet service by January 1, 2028.
(7) “Private mobile service” means any mobile service that is not a commercial mobile service or the functional equivalent of a commercial mobile service. The Department of Technology may subsequently modify the definition of “private mobile service” to avoid conflict with Section 332 of Title 47 of the United States Code or regulations adopted pursuant to that section.
(8) “Qualified public assistance programs” means the California Alternate Rates for Energy program, the National School Lunch Program, the State Supplementary Payment Program, the Temporary Assistance for Needy Families program, CalFresh, Covered California, Medi-Cal, and Supplemental Security Income, and persons receiving financial aid for postsecondary education.
(9) “Qualified internet service provider” means an internet service provider doing business in California with the state or with state agencies, including through a procurement contract. that enters into a procurement contract with the state or state agencies.
(c) (1) The Department of Technology, in coordination with the Public Utilities Commission and the Department of General Services, shall develop and establish the Net Equality Program. Under the program, the state and state agencies shall only do business, such as through a procurement contract, enter into a procurement contract with an internet service provider doing business in California that offers affordable home internet service to all eligible households.
(2) The Department of Technology shall monitor the progress toward achieving the overall goals for adoption.
(3) The Department of Technology shall, on or before December 31, 2024, and each year thereafter, annually post on its internet website a list of internet service providers that meet the requirements of this section. The state and state agencies shall use that list to identify the internet service providers that are eligible to enter into a procurement contract with the state or state agencies pursuant to this section.
(d) All eligible households shall be allowed to immediately convert to affordable home internet service during the month that the household qualifies as an eligible household.
(e) A qualified internet service provider shall establish a telephone number with trained, and preferably dedicated, personnel to sign up eligible households for affordable home internet service in no more than 30 minutes.
(f) A qualified internet service provider shall advertise the availability of affordable home internet service and the federal Affordable Connectivity Program or an equivalent program offered by the Federal Communications Commission, including by providing a telephone number for interested persons to call. The advertisements shall include placing advertisements with public and nongovernmental organizations and in media in multiple languages, in print and online, until there is documented awareness of the availability of affordable home internet service by at least 80 percent of all eligible households according to a reputable statewide survey, or 95 percent of all eligible households are connected to the internet at home according to the same reputable statewide survey.
(g) A qualified internet service provider shall meet annually with the Department of Technology and the California Broadband Council in an open workshop with key stakeholders, including, but not limited to, the California Emerging Technology Fund, the Regional Broadband Consortia, and California Advanced Services Fund Adoption Account grantees, to confer on how to achieve the overall goals for adoption and explore options for establishing and advancing strategic and effective public-private partnerships.
(h) A qualified internet service provider shall report annually to the Department of Technology, beginning the year after the provider first becomes a qualified internet service provider, the number of newly eligible households that signed up for affordable home internet service since the previous report and the total number of eligible households subscribing to affordable home internet service.
(i) The exemptions in Section 11548 do not apply to this section.
(j) If, within a given geographic area, only one internet service provider is available and that internet service provider does not meet the requirements of this section, the state and state agencies may enter into a procurement contract in that geographic area with the internet service provider even though the internet service provider does not meet the requirements of this section.

(j)

(k) This section does shall not apply to the any of the following:
(1) The Department of Forestry and Fire Protection or to the Protection.
(2) The Office of Emergency Services. This section does not apply to political
(3) Political subdivisions of the state, including, but not limited to, cities and counties.
(4) A contract entered into before January 1, 2025.
(5) An internet service provider with fewer than 100,000 California residential subscribers.

(k)

(l) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.