Bill Text: CA AB2575 | 2023-2024 | Regular Session | Amended
Bill Title: Broadband: state oversight.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-16 - In committee: Held under submission. [AB2575 Detail]
Download: California-2023-AB2575-Amended.html
Amended
IN
Assembly
April 17, 2024 |
Amended
IN
Assembly
March 18, 2024 |
Introduced by Assembly Member Boerner |
February 14, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would create the Office of Broadband and Digital Equity, to be administered by the Broadband and Digital Equity Board with membership appointed by the Governor, the Speaker of the Assembly, and the Senate Committee on Rules, as specified, to be the centralized state office for broadband and digital activities within the state.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
Section 6547.7 of the Government Code is amended to read:6547.7.
(a) A joint powers entity created pursuant to this chapter may issue mortgage revenue bonds pursuant to Part 5 (commencing with Section 52000) of Division 31 of the Health and Safety Code, revenue bonds for the deployment of broadband infrastructure by a public entity or nonprofit organization that are supported in whole or in part by funding granted pursuant to Section 281.2 of the Public Utilities Code, and industrial development bonds pursuant to the California Industrial Development Financing Act (Title 10 (commencing with Section 91500)).SEC. 3.
Section 6547.7 is added to the Government Code, to read:6547.7.
(a) A joint powers entity created pursuant to this chapter may issue mortgage revenue bonds pursuant to Part 5 (commencing with Section 52000) of Division 31 of the Health and Safety Code, revenue bonds for the deployment of broadband infrastructure by a public entity or nonprofit organization that are supported in whole or in part by funding granted pursuant to Section 8890.7, and industrial development bonds pursuant to the California Industrial Development Financing Act (Title 10 (commencing with Section 91500)).SEC. 4.
Section 8889.1 is added to the Government Code, immediately following 8889, to read:8889.1.
This chapter shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.SEC. 5.
Chapter 13.1 (commencing with Section 8890) is added to Division 1 of Title 2 of the Government Code, to read:CHAPTER 13.1. Department of Broadband and Digital Equity
8890.
For purposes of this chapter, unless the context requires otherwise, the following terms have the following meanings:8890.1.
(a) There is hereby established the Department of Broadband and Digital Equity in the Government Operations Agency.8890.2.
On July 1, 2027, upon the California Broadband Council’s dissolution pursuant to Section 8889.1 of the Government Code, the members of the California Broadband Council shall collectively become a committee under the administration of the commission.8890.3.
(a) The commission consists of 11 voting members and 2 ex officio members as follows:8890.4.
(a) Notwithstanding Section 10231.5, the department shall, on or before July 1, 2028, and at least annually thereafter, report to the Legislature on the activities of the department and actions taken by the commission.8890.5.
The department shall establish a process to enable California residents, consumer advocates, and local governments to make complaints regarding any activity that may result in digital discrimination of access.8890.6.
(a) On and after July 1, 2027, the department shall assume the administration of the California Advanced Services Fund, which is hereby continued in the State Treasury, to encourage the deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies, consistent with this section and with the statements of intent in Section 2 of the Internet for All Now Act (Chapter 851 of the Statutes of 2017).8890.7.
(a) (1) On and after July 1, 2027, the Broadband Loan Loss Reserve Fund is hereby continued in the State Treasury. Upon appropriation by the Legislature, moneys in the fund shall be available to the department to fund costs related to the financing of the deployment of broadband infrastructure by a local governmental agency or nonprofit organization, including, but not limited to, payment of costs of debt issuance, obtaining credit enhancement, and establishment and funding of reserves for the payment of principal and interest on the debt.8890.8.
(a) The department shall, consistent with Item 7502-062-8506 of the Budget Act of 2021, oversee the acquisition and management of contracts for the development and construction of a statewide open-access middle-mile broadband network, and for the maintenance and operation of the statewide open-access middle-mile broadband network to provide an opportunity for last-mile providers, anchor institutions, and tribal entities to connect to, and interconnect with other networks and other appropriate connections to, the statewide open-access middle-mile broadband network to facilitate high-speed broadband service.8890.9.
(a) The department, in collaboration with relevant state agencies and stakeholders, shall maintain and update a statewide, publicly accessible, and interactive map showing the accessibility of broadband service in the state, including, but not limited to, information identifying the percentage of each census block that has broadband service meeting federal and state standards. The map shall identify, for each address in the state, each provider of broadband services that offers service at the address and the maximum speed of broadband services offered by each provider of broadband services at the address.SEC. 6.
Section 11011.2 of the Government Code is amended to read:11011.2.
(a) (1) Notwithstanding any other law, including, but not limited to, Sections 11011 and 14670, except as provided in this section, the Department of General Services may lease real property under the jurisdiction of a state agency, department, or district agricultural association, if the Director of General Services determines that the real property is of no immediate need to the state but may have some potential future use to the program needs of the agency, department, or district agricultural association.SEC. 7.
Section 11011.2 is added to the Government Code, to read:11011.2.
(a) (1) Notwithstanding any other law, including, but not limited to, Sections 11011 and 14670, except as provided in this section, the Department of General Services may lease real property under the jurisdiction of a state agency, department, or district agricultural association, if the Director of General Services determines that the real property is of no immediate need to the state but may have some potential future use to the program needs of the agency, department, or district agricultural association.SEC. 8.
Section 11549.52 of the Government Code is amended to read:11549.52.
(a) The office shall, consistent with Item 7502-062-8506 of the Budget Act of 2021, oversee the acquisition and management of contracts for the development and construction of a statewide open-access middle-mile broadband network, and for the maintenance and operation of the statewide open-access middle-mile broadband network to provide an opportunity for last-mile providers, anchor institutions, and tribal entities to connect to, and interconnect with other networks and other appropriate connections to, the statewide open-access middle-mile broadband network to facilitate high-speed broadband service.SEC. 9.
Section 1720 of the Labor Code is amended to read:1720.
(a) As used in this chapter, “public works” means all of the following:SEC. 10.
Section 1720 is added to the Labor Code, to read:1720.
(a) As used in this chapter, “public works” means all of the following:SEC. 11.
Section 281 of the Public Utilities Code is amended to read:281.
(a) The commission shall develop, implement, and administer the California Advanced Services Fund to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies, consistent with this section and with the statements of intent in Section 2 of the Internet for All Now Act (Chapter 851 of the Statutes of 2017).SEC. 12.
Section 281.1 of the Public Utilities Code is amended to read:281.1.
(a) Beginning January 1, 2022, the commission may impose the surcharge pursuant to paragraph (4) of subdivision (d) of Section 281 to fund the California Advanced Services Fund pursuant to Section 281 until December 31, 2032.SEC. 13.
Section 281.1 is added to the Public Utilities Code, to read:281.1.
(a) Beginning January 1, 2022, the commission may impose the surcharge pursuant to paragraph (4) of subdivision (d) of Section 8890.6 of the Government Code to fund the California Advanced Services Fund pursuant to Section 8890.6 of the Government Code until December 31, 2032.SEC. 14.
Section 281.2 of the Public Utilities Code is amended to read:281.2.
(a) (1) The Broadband Loan Loss Reserve Fund is hereby established in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the fund are hereby continuously appropriated, without regard to fiscal years, to the commission and shall be available to fund costs related to the financing of the deployment of broadband infrastructure by a localSEC. 15.
Section 281.6 of the Public Utilities Code is amended to read:281.6.
(a) The commission, in collaboration with relevant state agencies and stakeholders, shall maintain and update a statewide, publicly accessible, and interactive map showing the accessibility of broadband service in the state, including, but not limited to, information identifying the percentage of each census block that has broadband service meeting federal and state standards. The map shall identify, for each address in the state, each provider of broadband services that offers service at the address and the maximum speed of broadband services offered by each provider of broadband services at the address.SEC. 16.
Section 285 of the Public Utilities Code is amended to read:285.
(a) As used in this section, “interconnected Voice over Internet Protocol (VoIP) service” has the same meaning as in Section 9.3 of Title 47 of the Code of Federal Regulations.SEC. 17.
Section 285 is added to the Public Utilities Code, to read:285.
(a) As used in this section, “interconnected Voice over Internet Protocol (VoIP) service” has the same meaning as in Section 9.3 of Title 47 of the Code of Federal Regulations.SEC. 18.
Section 912.2 of the Public Utilities Code is amended to read:912.2.
(a) On or before April 1, 2023, and biennially thereafter, the commission shall conduct a fiscal and performance audit of the implementation and effectiveness of the California Advanced Services Fund to ensure that funds have been expended in accordance with the approved terms of the grant awards and loan agreements pursuant to Section 281 or 281.2 and shall report its findings to the Legislature. The reports shall include an update to the maps in the final report of the California Broadband Task Force and data on the types and numbers of jobs created as a result of the program administered by the commission pursuant to Section 281 or 281.2 and shall include information specified in Section 914.7.For purposes of this chapter, the following definitions apply:
(a)“Board” means the Broadband and Digital Equity Board.
(b)“Office” means the Office of Broadband and Digital Equity.
(a)There is in state government the Office of Broadband and Digital Equity.
(b)The office is the centralized state office for broadband and digital activities within the state.
(c)(1)The office shall be administered by the board.
(2)The board shall have the following members:
(A)Five members appointed by the Governor with backgrounds in consumer advocacy, the broadband industry, labor relations, or local government.
(B)One member appointed by the Speaker of the Assembly.
(C)One member appointed by the Senate Committee on Rules.