Bill Text: MN SF1128 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Office of broadband development establishment
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-03-18 - Comm report: To pass as amended and re-refer to Finance [SF1128 Detail]
Download: Minnesota-2013-SF1128-Engrossed.html
1.2relating to telecommunications; broadband; establishing the Office of Broadband
1.3Development and assigning it duties; requiring reports; appropriating money;
1.4amending Minnesota Statutes 2012, section 237.012, subdivision 3; proposing
1.5coding for new law in Minnesota Statutes, chapter 116J.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [116J.441] OFFICE OF BROADBAND DEVELOPMENT.
1.8 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
1.9have the meanings given them.
1.10(b) "Broadband" or "broadband service" means any service providing advanced
1.11telecommunications capability and Internet access with transmission speeds that, at a
1.12minimum, meet the Federal Communications Commission definition for broadband.
1.13(c) "Local unit of government" means any political subdivision of the state including,
1.14without limitation, counties, statutory and home rule charter cities, and towns.
1.15(d) "Office" means the Office of Broadband Development established in subdivision
1.162.
1.17 Subd. 2. Office established. An Office of Broadband Development is established in
1.18the executive branch with a director appointed by the governor. The director serves in the
1.19unclassified service and must be qualified by experience and training in broadband. The
1.20office may employ staff necessary to carry out the office's duties under subdivision 4.
1.21 Subd. 3. Purpose. The purpose of the office is to encourage, foster, develop, and
1.22improve broadband within the state in order to:
1.23(1) drive job creation, promote innovation, and expand markets for Minnesota
1.24businesses;
2.1(2) serve the ongoing and growing needs of Minnesota's education systems, health
2.2care system, public safety system, industries and businesses, governmental operations,
2.3and citizens; and
2.4(3) improve accessibility for underserved communities and populations.
2.5 Subd. 4. Duties. The office shall have the power and duty to:
2.6(1) coordinate with state, regional, local, and private entities to develop, to the
2.7maximum extent practicable, a uniform statewide broadband access and usage policy;
2.8(2) develop, recommend, and implement a statewide plan to encourage cost-effective
2.9broadband access, and to make recommendations for increased usage, particularly in
2.10rural and other underserved areas;
2.11(3) coordinate efforts, in consultation and cooperation with appropriate state
2.12agencies, local units of government, and private entities, to meet the state's broadband
2.13goals in section 237.012;
2.14(4) develop, coordinate, and implement the state's broadband infrastructure
2.15development program, including a "dig once" policy with the Department of Transportation;
2.16(5) provide consultation services to local units of government or other project
2.17sponsors in connection with the planning, acquisition, improvement, construction, or
2.18development of any broadband deployment project;
2.19(6) encourage public-private partnerships to increase deployment and adoption
2.20of broadband services and applications, including recommending funding options and
2.21possible incentives to encourage investment in broadband expansion;
2.22(7) monitor the broadband development efforts of other states and nations in areas
2.23such as business, education, public safety, and health;
2.24(8) monitor broadband-related activities at the federal level, including regulatory and
2.25policy changes and the potential impact on broadband deployment and sustainability in
2.26the state;
2.27(9) serve as an information clearinghouse for federal programs providing financial
2.28assistance to institutions located in rural areas seeking to obtain access to high speed
2.29broadband service, and use this information as an outreach tool to make institutions
2.30located in rural areas that are unserved or underserved with respect to broadband service
2.31aware of the existence of federal assistance;
2.32 (10) evaluate security, vulnerability, and redundancy actions necessary to ensure
2.33reliability;
2.34(11) coordinate with the Governor's Broadband Task Force;
2.35(12) provide an annual report, as required by subdivision 5; and
2.36(13) perform any other activities consistent with the office's purpose.
3.1 Subd. 5. Reporting. (a) Beginning on January 15, 2014, and each year thereafter,
3.2the Office of Broadband Development shall report to the legislative committees with
3.3jurisdiction over telecommunications policy and finance on the office's activities during
3.4the previous year.
3.5(b) The report shall contain, at a minimum:
3.6(1) an analysis of the current availability and use of broadband, including average
3.7broadband speeds, within the state;
3.8(2) information gathered from schools, libraries, hospitals, and public safety facilities
3.9across the state, determining the actual speed and capacity of broadband currently in use
3.10and the need, if any, for increases in speed and capacity to meet current or anticipated needs;
3.11(3) an analysis of incumbent broadband infrastructure within the state and its ability
3.12to spur economic development;
3.13(4) an analysis of the degree to which new, additional, or improved broadband
3.14infrastructure would spur economic development in the state;
3.15(5) a summary of the office's activities in coordinating broadband infrastructure
3.16development;
3.17(6) any proposed legislative and policy initiatives; and
3.18(7) any other information requested by the legislative committees having jurisdiction
3.19over telecommunications policy and finance, or that the office deems necessary.
3.20(c) The report may be submitted electronically and is subject to section 3.195,
3.21subdivision 1.
3.22 Sec. 2. Minnesota Statutes 2012, section 237.012, subdivision 3, is amended to read:
3.23 Subd. 3. Annual reports. Thecommissioner of commerce Office of Broadband
3.24Development must annually by February 10 report on the achievement of the goals
3.25under subdivisions 1 and 2 to the chairs and ranking minority members of the legislative
3.26committees with primary jurisdiction over telecommunication issues. The report must
3.27also suggest policies, incentives, and legislation designed to accelerate the achievement of
3.28the goals. The report on goals under subdivision 1 must be made through 2015.
3.29EFFECTIVE DATE.This section is effective the day following final enactment.
3.30 Sec. 3. STATE BROADBAND STRATEGY; REPORT.
3.31The Office of Broadband Development shall conduct research and produce a report
3.32recommending a set of programs and strategies the state can pursue to promote the
3.33improvement, more efficient and effective use, and expansion of broadband services in
3.34ways that will have the greatest impact on the state's economic development, by which is
4.1meant enhancing the ability of Minnesota citizens and businesses to develop their skills,
4.2to expand businesses to new markets, develop new products, reach more customers, and
4.3lower costs. While the state's broadband goals in Minnesota Statutes, section 237.012,
4.4address the universal provision of greater broadband access and speed statewide, this report
4.5must consider broadband as an economic development tool and must examine and analyze:
4.6(1) how the state can best use its limited resources to adopt strategies and make
4.7investments to improve the use of broadband services by subgroups of broadband users,
4.8including mobile broadband users, that promise to deliver the greatest economic impact
4.9per dollar of state investment;
4.10(2) roles the state can play in addition to financial assistance for broadband
4.11infrastructure, including supporting education and training for Minnesotans to enable
4.12them to use broadband more effectively; and
4.13(3) strategies and opportunities for state investment to leverage additional amounts
4.14of private capital and financial assistance from the federal government in order to achieve
4.15these goals.
4.16By January 15, 2014, the office shall submit the report to the chairs and ranking minority
4.17members of the senate and house committees with jurisdiction over telecommunications
4.18issues.
4.19 Sec. 4. APPROPRIATION.
4.20$500,000 in fiscal year 2014 and $500,000 in fiscal year 2015 are appropriated from
4.21the general fund to the Office of Broadband Development for its operations.
1.3Development and assigning it duties; requiring reports; appropriating money;
1.4amending Minnesota Statutes 2012, section 237.012, subdivision 3; proposing
1.5coding for new law in Minnesota Statutes, chapter 116J.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [116J.441] OFFICE OF BROADBAND DEVELOPMENT.
1.8 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
1.9have the meanings given them.
1.10(b) "Broadband" or "broadband service" means any service providing advanced
1.11telecommunications capability and Internet access with transmission speeds that, at a
1.12minimum, meet the Federal Communications Commission definition for broadband.
1.13(c) "Local unit of government" means any political subdivision of the state including,
1.14without limitation, counties, statutory and home rule charter cities, and towns.
1.15(d) "Office" means the Office of Broadband Development established in subdivision
1.162.
1.17 Subd. 2. Office established. An Office of Broadband Development is established in
1.18the executive branch with a director appointed by the governor. The director serves in the
1.19unclassified service and must be qualified by experience and training in broadband. The
1.20office may employ staff necessary to carry out the office's duties under subdivision 4.
1.21 Subd. 3. Purpose. The purpose of the office is to encourage, foster, develop, and
1.22improve broadband within the state in order to:
1.23(1) drive job creation, promote innovation, and expand markets for Minnesota
1.24businesses;
2.1(2) serve the ongoing and growing needs of Minnesota's education systems, health
2.2care system, public safety system, industries and businesses, governmental operations,
2.3and citizens; and
2.4(3) improve accessibility for underserved communities and populations.
2.5 Subd. 4. Duties. The office shall have the power and duty to:
2.6(1) coordinate with state, regional, local, and private entities to develop, to the
2.7maximum extent practicable, a uniform statewide broadband access and usage policy;
2.8(2) develop, recommend, and implement a statewide plan to encourage cost-effective
2.9broadband access, and to make recommendations for increased usage, particularly in
2.10rural and other underserved areas;
2.11(3) coordinate efforts, in consultation and cooperation with appropriate state
2.12agencies, local units of government, and private entities, to meet the state's broadband
2.13goals in section 237.012;
2.14(4) develop, coordinate, and implement the state's broadband infrastructure
2.15development program, including a "dig once" policy with the Department of Transportation;
2.16(5) provide consultation services to local units of government or other project
2.17sponsors in connection with the planning, acquisition, improvement, construction, or
2.18development of any broadband deployment project;
2.19(6) encourage public-private partnerships to increase deployment and adoption
2.20of broadband services and applications, including recommending funding options and
2.21possible incentives to encourage investment in broadband expansion;
2.22(7) monitor the broadband development efforts of other states and nations in areas
2.23such as business, education, public safety, and health;
2.24(8) monitor broadband-related activities at the federal level, including regulatory and
2.25policy changes and the potential impact on broadband deployment and sustainability in
2.26the state;
2.27(9) serve as an information clearinghouse for federal programs providing financial
2.28assistance to institutions located in rural areas seeking to obtain access to high speed
2.29broadband service, and use this information as an outreach tool to make institutions
2.30located in rural areas that are unserved or underserved with respect to broadband service
2.31aware of the existence of federal assistance;
2.32 (10) evaluate security, vulnerability, and redundancy actions necessary to ensure
2.33reliability;
2.34(11) coordinate with the Governor's Broadband Task Force;
2.35(12) provide an annual report, as required by subdivision 5; and
2.36(13) perform any other activities consistent with the office's purpose.
3.1 Subd. 5. Reporting. (a) Beginning on January 15, 2014, and each year thereafter,
3.2the Office of Broadband Development shall report to the legislative committees with
3.3jurisdiction over telecommunications policy and finance on the office's activities during
3.4the previous year.
3.5(b) The report shall contain, at a minimum:
3.6(1) an analysis of the current availability and use of broadband, including average
3.7broadband speeds, within the state;
3.8(2) information gathered from schools, libraries, hospitals, and public safety facilities
3.9across the state, determining the actual speed and capacity of broadband currently in use
3.10and the need, if any, for increases in speed and capacity to meet current or anticipated needs;
3.11(3) an analysis of incumbent broadband infrastructure within the state and its ability
3.12to spur economic development;
3.13(4) an analysis of the degree to which new, additional, or improved broadband
3.14infrastructure would spur economic development in the state;
3.15(5) a summary of the office's activities in coordinating broadband infrastructure
3.16development;
3.17(6) any proposed legislative and policy initiatives; and
3.18(7) any other information requested by the legislative committees having jurisdiction
3.19over telecommunications policy and finance, or that the office deems necessary.
3.20(c) The report may be submitted electronically and is subject to section 3.195,
3.21subdivision 1.
3.22 Sec. 2. Minnesota Statutes 2012, section 237.012, subdivision 3, is amended to read:
3.23 Subd. 3. Annual reports. The
3.24Development must annually by February 10 report on the achievement of the goals
3.25under subdivisions 1 and 2 to the chairs and ranking minority members of the legislative
3.26committees with primary jurisdiction over telecommunication issues. The report must
3.27also suggest policies, incentives, and legislation designed to accelerate the achievement of
3.28the goals. The report on goals under subdivision 1 must be made through 2015.
3.29EFFECTIVE DATE.This section is effective the day following final enactment.
3.30 Sec. 3. STATE BROADBAND STRATEGY; REPORT.
3.31The Office of Broadband Development shall conduct research and produce a report
3.32recommending a set of programs and strategies the state can pursue to promote the
3.33improvement, more efficient and effective use, and expansion of broadband services in
3.34ways that will have the greatest impact on the state's economic development, by which is
4.1meant enhancing the ability of Minnesota citizens and businesses to develop their skills,
4.2to expand businesses to new markets, develop new products, reach more customers, and
4.3lower costs. While the state's broadband goals in Minnesota Statutes, section 237.012,
4.4address the universal provision of greater broadband access and speed statewide, this report
4.5must consider broadband as an economic development tool and must examine and analyze:
4.6(1) how the state can best use its limited resources to adopt strategies and make
4.7investments to improve the use of broadband services by subgroups of broadband users,
4.8including mobile broadband users, that promise to deliver the greatest economic impact
4.9per dollar of state investment;
4.10(2) roles the state can play in addition to financial assistance for broadband
4.11infrastructure, including supporting education and training for Minnesotans to enable
4.12them to use broadband more effectively; and
4.13(3) strategies and opportunities for state investment to leverage additional amounts
4.14of private capital and financial assistance from the federal government in order to achieve
4.15these goals.
4.16By January 15, 2014, the office shall submit the report to the chairs and ranking minority
4.17members of the senate and house committees with jurisdiction over telecommunications
4.18issues.
4.19 Sec. 4. APPROPRIATION.
4.20$500,000 in fiscal year 2014 and $500,000 in fiscal year 2015 are appropriated from
4.21the general fund to the Office of Broadband Development for its operations.
