SENATE AMENDED
PRIOR PRINTER'S NOS. 2392, 2432
PRINTER'S NO. 2518
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2071
Session of
2021
INTRODUCED BY CAUSER, SNYDER, OWLETT, MARSHALL, PICKETT, MATZIE,
MAJOR, T. DAVIS AND ROAE, NOVEMBER 9, 2021
SENATOR PHILLIPS-HILL, COMMUNICATIONS AND TECHNOLOGY, IN SENATE,
AS AMENDED, DECEMBER 13, 2021
AN ACT
Amending Title 64 (Public Authorities and Quasi-Public
Corporations) of the Pennsylvania Consolidated Statutes,
establishing the Pennsylvania Broadband Development Authority
to provide broadband Internet access to unserved and
underserved residents; and providing for powers and duties of
the authority and for grant awards.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 64 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 61
PENNSYLVANIA BROADBAND DEVELOPMENT AUTHORITY
Subchapter
A. General Provisions
B. Structure and Governance
C. Powers and Duties
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
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6101. Scope of chapter.
6102. Definitions.
§ 6101. Scope of chapter.
This chapter relates to the development and expansion of
broadband services , INCLUDING to unserved and underserved areas
of this Commonwealth.
§ 6102. Definitions.
The following words and phrase as used in this chapter shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Applicant." An entity that submits an application for a
grant under section 6124 (relating to grant applications and
process) , including, but not limited to, a cooperative,
nonprofit organization, public-private partnership, private
company, public or private utility, public utility district or ,
COUNCIL OF GOVERNMENTS, local government . OR ANY OTHER ENTITY
APPROVED BY THE BOARD, SUBJECT TO SECTION 6112(C)(1)(I)
(RELATING TO BOARD).
"Authority." The Pennsylvania Broadband Development
Authority established under section 6111(a) (relating to
authority).
"Board." The board of directors of the Pennsylvania
Broadband Development Authority established under section 6112
(relating to board) .
"Community anchor institution." An entity, including any
school, library, health clinic, health center, hospital or other
medical provider, public safety entity, institution of higher
education, public housing organization or community support
organization, that facilitates greater use of broadband service
by vulnerable populations, including low-income individuals,
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unemployed individuals and aged individuals, that lack access to
gigabit-level broadband service.
"Department." The Department of Community and Economic
Development.
"High-speed broadband service." Wireless, wireline or fixed
wireless technology having a latency sufficient to support real-
time, interactive applications and the capacity to reliably and
consistently transmit data from or to the Internet at:
(1) minimum speeds of at least 100 megabits per second
downstream FOR DOWNLOADS and 20 megabits per second upstream
FOR UPLOADS ;
(2) minimum speeds adopted by the Federal Communications
Commission ; or
(3) minimum speeds otherwise required to comply with
funding opportunities from the Federal Government, whichever
is greater.
"Overbuild." The deployment of high-speed broadband service
infrastructure in an area that is not unserved or underserved .
"Program." The grant program OR PROGRAMS established under
section 6123(a) (relating to grant awards generally) TO FUND
PROJECTS .
"PROJECT." A HIGH-SPEED BROADBAND SERVICE INFRASTRUCTURE
PROJECT OR OTHER BROADBAND PROJECT ALLOWABLE UNDER FEDERAL LAW
OR GUIDANCE.
"RELIABLE BROADBAND SERVICE." BROADBAND SERVICE THAT MEETS
PERFORMANCE CRITERIA FOR SERVICE AVAILABILITY, ADAPTABILITY TO
CHANGING END-USER REQUIREMENTS, LENGTH OF SERVICEABLE LIFE OR
OTHER CRITERIA, OTHER THAN UPLOAD AND DOWNLOAD SPEEDS, AS
DETERMINED BY THE AUTHORITY TO COMPLY WITH FEDERAL LAW OR
GUIDANCE.
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"Statewide broadband plan." The Statewide broadband plan
developed under section 6122(g) (relating to specific powers and
duties).
"Underserved area." A project area that is not an unserved
location AREA and lacks access to reliable broadband service
offered with a speed of not less than 100 megabits per second
for downloads and 20 megabits per second for uploads and a
latency sufficient to support real-time, interactive
applications.
"Unserved area." A project area that has no access to
broadband service or lacks access to reliable broadband service
with a speed of not less than 25 megabits per second for
downloads and three megabits per second for uploads and a
latency sufficient to support real-time, interactive
applications.
SUBCHAPTER B
STRUCTURE AND GOVERNANCE
Sec.
6111. Authority.
6112. Board.
6113. Audits.
6114. Annual report.
6115. Trust accounts ACCOUNTS .
6116. Use of money of authority.
§ 6111. Authority.
(a) Establishment.--The Pennsylvania Broadband Development
Authority is established as an independent authority. The
authority shall be an instrumentality of the Commonwealth and a
body corporate and politic, with corporate succession. The
exercise by the authority of the powers conferred on the
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authority by this chapter shall be deemed and held to be a
public and essential government function.
(b) Governance.--The authority shall be governed by a board
of directors as provided in section 6112 (relating to board).
The powers of the authority shall be exercised by the board.
(c) Fiscal year.--The fiscal year of the authority shall be
the same as the fiscal year of the Commonwealth.
(d) Dissolution.--Upon dissolution of the authority, all
property, money and assets of the authority shall be vested in
the Commonwealth. The authority shall dissolve upon the elapse
of six years from the effective date of this section , unless
otherwise extended by the General Assembly. No later than six
months prior to the dissolution of the authority under this
subsection, the authority shall submit a report to the General
Assembly. The report shall include a status of all projects
under this chapter, a recommendation of whether the authority
needs additional time to accomplish the purposes of this chapter
and the anticipated timeline for completion of the authority's
work. LATER OF:
(1) TEN YEARS FROM THE EFFECTIVE DATE OF THIS SECTION;
OR
(2) ALL FEDERAL FUNDS AVAILABLE FOR THE PURPOSES OF THIS
CHAPTER HAVE BEEN EXHAUSTED AND ALL APPLICABLE DUTIES AND
RESPONSIBILITIES UNDER FEDERAL LAW OR GUIDANCE HAVE BEEN
COMPLETED.
(D.1) NOTICE.--PRIOR TO DISSOLUTION UNDER SUBSECTION (D),
THE AUTHORITY SHALL TRANSMIT NOTICE OF THE DISSOLUTION TO THE
LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN THE PENNSYLVANIA
BULLETIN.
(e) Procurement.--The authority shall be considered an
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independent agency for purposes of 62 Pa.C.S. Pt. I (relating to
Commonwealth Procurement Code).
(f) Applicability.--The following acts shall apply to the
authority and the board:
(1) The act of July 19, 1957 (P.L.1017, No.451), known
as the State Adverse Interest Act.
(2) The act of February 14, 2008 (P.L.6, No.3), known as
the Right-to-Know Law.
(3) The provisions of 65 Pa.C.S. Chs. 7 (relating to
open meetings) and 11 (relating to ethics standards and
financial disclosure).
§ 6112. Board.
(a) Composition.--
(1) The board of directors of the authority shall
consist of members selected as follows:
(i) The Secretary of Agriculture or a designee.
(ii) The Secretary of Community and Economic
Development or a designee.
(iii) The Secretary of Education or a designee.
(iv) The executive director of the Center for Rural
Pennsylvania or a designee.
(v) The chair of the Pennsylvania Public Utility
Commission or a designee.
(vi) The Secretary of General Services or a
designee.
(vii) The Secretary of the Budget or a designee .
(viii) One individual appointed by the President pro
tempore of the Senate.
(ix) One individual appointed by the Minority Leader
of the Senate.
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(x) One individual appointed by the Speaker of the
House of Representatives.
(xi) One individual appointed by the Minority Leader
of the House of Representatives.
(2) A member under paragraph (1)(viii), (ix), (x) or
(xi) shall be a member or employee of the General Assembly.
(A) COMPOSITION.--THE BOARD SHALL CONSIST OF MEMBERS
SELECTED AS FOLLOWS:
(1) THE SECRETARY OF AGRICULTURE OR A DESIGNEE WHO SHALL
BE AN EMPLOYEE OF THE DEPARTMENT OF AGRICULTURE.
(2) THE SECRETARY OF COMMUNITY AND ECONOMIC DEVELOPMENT
OR A DESIGNEE WHO SHALL BE AN EMPLOYEE OF THE DEPARTMENT OF
COMMUNITY AND ECONOMIC DEVELOPMENT.
(3) T HE SECRETARY OF EDUCATION OR A DESIGNEE WHO SHALL
BE AN EMPLOYEE OF THE DEPARTMENT OF EDUCATION.
(4) THE EXECUTIVE DIRECTOR OF THE CENTER FOR RURAL
PENNSYLVANIA OR A DESIGNEE WHO SHALL BE AN EMPLOYEE OF THE
CENTER OF RURAL PENNSYLVANIA.
(5) THE CHAIR OF THE PENNSYLVANIA PUBLIC UTILITY
COMMISSION OR A DESIGNEE WHO SHALL BE AN EMPLOYEE OF THE
PENNSYLVANIA PUBLIC UTILITY COMMISSION.
(6) THE SECRETARY OF GENERAL SERVICES OR A DESIGNEE WHO
SHALL BE AN EMPLOYEE OF THE DEPARTMENT OF GENERAL SERVICES.
(7) THE SECRETARY OF THE BUDGET OR A DESIGNEE WHO SHALL
BE AN EMPLOYEE OF THE OFFICE OF THE BUDGET.
(8) ONE MEMBER OF THE SENATE APPOINTED BY THE PRESIDENT
PRO TEMPORE OF THE SENATE OR A DESIGNEE WHO SHALL BE AN
EMPLOYEE OF THE SENATE.
(9) ONE MEMBER OF THE SENATE APPOINTED BY THE MINORITY
LEADER OF THE SENATE OR A DESIGNEE WHO SHALL BE AN EMPLOYEE
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OF THE SENATE.
(10) ONE MEMBER OF THE HOUSE OF REPRESENTATIVES
APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES OR A
DESIGNEE WHO SHALL BE AN EMPLOYEE OF THE HOUSE OF
REPRESENTATIVES.
(11) ONE MEMBER OF THE HOUSE OF REPRESENTATIVES
APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF
REPRESENTATIVES OR A DESIGNEE WHO SHALL BE AN EMPLOYEE OF THE
HOUSE OF REPRESENTATIVES.
(b) Organization.--The Governor shall select a member of the
board to serve as chairperson. The members shall select from
among themselves such officers as they deem necessary.
(c) Quorum and meetings.--
(1) Six members of the board shall constitute a quorum.
The following shall apply:
(i) The consent of no fewer than six members of the
board, with four FIVE of the consenting members as
specified under subsection (a)(1)(vii), (viii), (ix), (x)
or (xi) (A)(7), (8), (9), (10) AND (11) , shall be
necessary to take action on and make a commitment on
behalf of the authority under section 6121(1), (2), (3),
(4), (5) and (6) (relating to corporate powers and duties
in general).
(ii) A majority of the board shall be necessary to
take any other action not specified under subparagraph
(i) on behalf of the authority.
(2) The board shall meet to conduct official business no
less than a ON A quarterly basis .
(d) Designees.--A public officer member of the board may
designate an officer or employee of the Commonwealth to
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represent the public officer member at meetings of the board.
Each designee may lawfully vote and otherwise act on behalf of
the public officer member. The designation shall be in writing
delivered to the authority and shall continue in effect until
revoked or amended in writing delivered to the authority.
(D) INITIAL APPOINTMENT AND VACANCY.--AN APPOINTING
AUTHORITY SHALL APPOINT INITIAL MEMBERS TO THE BOARD WITHIN 30
DAYS OF THE EFFECTIVE DATE OF THIS CHAPTER. WHENEVER A VACANCY
OCCURS ON THE BOARD, THE APPOINTING AUTHORITY SHALL APPOINT A
SUCCESSOR MEMBER WITHIN 30 DAYS OF THE VACANCY.
(e) Services.--
(1) The department shall provide administrative services
and staff, including legal counsel AND LEGAL staff, to the
authority and the board. The authority shall reimburse the
department for the cost of providing the administrative
services and staff under this paragraph.
(2) The authority shall enter into an agreement with the
department specifying the rights and obligations that the
authority and department have in administering their duties
required under this chapter to implement the purposes of this
chapter .
(f) Compensation.--The members of the board shall not be
entitled to compensation for service.
(g) Fiduciary relationship.--The members of the board and
the professional personnel of the board shall stand in a
fiduciary relationship with the Commonwealth and the authority
as to the money and investments of the authority.
§ 6113. Audits.
The accounts and books of the authority, including its
receipts, disbursements, contracts, mortgages, investments and
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other matters relating to its finances, operations and affairs,
shall be examined and audited by the Auditor General.
§ 6114. Annual report.
The board shall provide the Governor and the General Assembly
with an annual report by March 31 of each year detailing all
high-speed infrastructure projects funded under section 6123
(relating to grant awards generally). The annual report shall be
published and maintained on the authority's publicly accessible
Internet website and may be submitted to the Governor and the
General Assembly by electronic mail.
§ 6115. Trust accounts ACCOUNTS .
The authority may establish trust accounts for the deposit of
money available to the authority for the purposes of this
chapter.
§ 6116. Use of money of authority.
(a) Use.--The board shall use the money available to the
authority to fund the program as necessary.
(b) Administrative expenses.--The authority shall use the
money available to the authority to pay the administrative
expenses of the department and the authority incurred under this
chapter.
SUBCHAPTER C
POWERS AND DUTIES
Sec.
6121. Corporate powers and duties in general.
6122. Specific powers and duties.
6123. Grant awards generally.
6124. Grant applications and process.
§ 6121. Corporate powers and duties in general.
The authority shall have and may exercise all powers
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necessary or appropriate to carry out and effectuate the
authority's purposes under this chapter, including the
following:
(1) Adopt bylaws, if necessary.
(2) Make and execute contracts, grants and other
instruments.
(3) Apply for and receive money from any source
consistent with the purposes of this chapter, including
letters of intent and proposals under section 6122(f)
(relating to specific powers and duties).
(4) Establish priorities for and allocate and disburse
money received consistent with the purposes of this chapter.
(5) Establish subcommittees composed of members of the
board or nonmembers of the board to consult with and advise
the authority.
(6) Adopt a Statewide broadband plan.
(7) Perform other operational activities necessary or
appropriate to further the purposes of this chapter.
§ 6122. Specific powers and duties.
(a) Single point of contact.--The authority shall aim to
serve as a single point of contact for entities wishing to
engage in broadband development and deployment in this
Commonwealth, including coordination of public and private
efforts to avoid overbuilding of capacity OVERBUILD in any given
geographic area and to efficiently utilize existing
infrastructure.
(b) Funding resource base.--In addition to providing the
financial assistance authorized by this chapter to support
broadband deployment, the authority shall identify and promote
opportunities to access Federal funding, nongovernmental
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organization funding and other funding opportunities to
eliminate duplicative funding requests and synthesize multiple-
provider joint efforts in any given geographic area.
(c) Cooperation of other Commonwealth entities.-- THE
AUTHORITY SHALL MAINTAIN A CENTRALIZED DATABASE OF ALL BROADBAND
DEPLOYMENT ACTIVITIES OCCURRING WITHIN COMMONWEALTH AGENCIES AND
DEPARTMENTS. All Commonwealth agencies and departments charged
with specific aspects of broadband development and deployment
shall communicate and cooperate with the authority so that the
authority can maintain a centralized database of all broadband
deployment activities occurring within this Commonwealth
REGARDING THE AUTHORITY'S DEVELOPMENT AND MAINTENANCE OF THE
CENTRALIZED DATABASE to avoid duplication of efforts as well as
provide consultation on their respective areas of expertise.
(d) Educational materials.--The authority may develop
educational materials and engage in public information campaigns
to encourage adoption of broadband where currently available and
increase consumer understanding of the need for broadband access
for all Commonwealth residents.
(e) Municipal best practices .--The authority may develop
best practices for municipalities to assist in streamlining
zoning processes in order to expedite broadband DEVELOPMENT AND
deployment.
(f) Letters of intent and proposals.--The authority shall be
responsible for drafting and filing all letters of intent,
initial and final proposals or other correspondence as required
to maximize access to the Broadband Equity, Access, and
Deployment Program as administered by the United States
Department of Commerce. TO FEDERAL FUNDING FOR BROADBAND
DEVELOPMENT AND DEPLOYMENT.
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(g) Broadband plan.-- The authority shall develop a Statewide
broadband plan in collaboration with local and regional entities
to advance broadband buildout, including equitable access and
digital literacy components, for the benefit of residents of
this Commonwealth and as necessary to facilitate access of
applicants to funding opportunities from the Federal Government.
The Statewide broadband plan shall also incorporate
opportunities to utilize Commonwealth assets to the extent
practicable. The Statewide broadband plan shall inure as
expeditiously as possible and no later than one year from the
effective date of this section. A political subdivision shall
have the opportunity to comment upon an initial Statewide
broadband plan proposal of the authority.
§ 6123. Grant awards generally.
(a) Authorization.--The authority shall award grants under
one or more programs established by the authority TO FUND
PROJECTS , and the amount of the grants shall be limited to the
money available to the authority. The authority shall aim to
disburse all money available before dissolution under section
6111(d) (relating to authority).
(b) Eligible entities.-- An
(B) ELIGIBLE ENTITY.--THE FOLLOWING SHALL APPLY:
(1) FOR PROJECTS RELATED TO HIGH-SPEED BROADBAND SERVICE
INFRASTRUCTURE, AN applicant with the technical, managerial
and financial expertise to design, build and operate high-
speed broadband service infrastructure within this
Commonwealth shall be eligible to receive APPLY FOR a grant
from the authority for the DEVELOPMENT AND deployment of the
high-speed broadband service infrastructure. In order to
qualify for a grant from the authority, the applicant shall
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commit to investing a minimum amount of the entity's private
capital to finance a proposed high-speed broadband service
infrastructure project as determined by the authority in
accordance with Federal law and OR guidance .
(2) FOR ALL OTHER PROJECTS, ELIGIBLE ENTITIES AND
MINIMUM INVESTMENT REQUIREMENTS SHALL BE DETERMINED BY THE
AUTHORITY IN ACCORDANCE WITH FEDERAL LAW OR GUIDANCE.
(c) Other funding sources.--A Federal, State or local
government grant, loan or subsidy received by an applicant to
finance a proposed high-speed broadband service infrastructure
project shall not be counted toward the private capital
investment requirement under subsection (b) unless otherwise
determined by the authority. An applicant may use a Federal,
State or local government grant, loan or subsidy to finance a
proposed high- speed broadband service infrastructure project
under subsection (b) if the entity satisfies the private capital
investment requirement under subsection (b).
(d) Ineligible projects.--Proposed projects that will result
in overbuild IN WHICH LESS THAN 80 PERCENT OF BROADBAND-
SERVICEABLE LOCATIONS SERVED BY THE PROPOSED PROJECT ARE
UNSERVED OR UNDERSERVED or are to be managed or operated by a
Federal or State entity shall be ineligible to receive a grant
from the authority under this section.
§ 6124. Grant applications and process.
(a) Application period.--The authority shall establish an
application period during which applications for grants under
section 6123 (relating to g rant awards generally) may be
submitted to the authority. The application period under this
subsection shall be for a period of no less than 60 days and no
longer than 120 days.
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(b) Form and contents.--An application for a grant under
section 6123 shall be submitted to the authority and shall
include
information required by Federal law or guidance or AND
any other information required by the authority. The
authority shall develop an application form and post and make
the application form available on the authority's publicly
accessible Internet website.
(c) Availability for review.--Within 10 business days after
the expiration of the application period under subsection (a),
the authority shall make the proposed unserved or AREAS,
underserved areas and the community anchor institutions
available for review on the authority's publicly accessible
Internet website.
(d) Overbuild challenges.-- Before awarding grant funds FOR
THE DEVELOPMENT AND DEPLOYMENT OF BROADBAND NETWORKS under
section 6123, the authority shall ensure a transparent,
evidence-based and expeditious challenge process under which a
unit of local government, nonprofit organization or broadband
service provider AN ENTITY ELIGIBLE TO BE AN APPLICANT may
challenge a proposed project on the grounds that awarding a
grant under section 6123 to the applicant will result in an
overbuild. After resolving each challenge under this subsection,
and not later than 60 days before awarding grant funds FOR THE
DEVELOPMENT AND DEPLOYMENT OF BROADBAND NETWORKS under section
6123, the authority shall provide public notice of the final
classification of each unserved and AREA, underserved location
or AREA AND community anchor institution within the
Commonwealth. A unit of local government, nonprofit organization
or other broadband service provider shall submit a challenge
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under this subsection in writing to the authority, and the
challenge IF AN ENTITY ELIGIBLE TO BE AN APPLICANT SUBMITS A
CHALLENGE UNDER THIS SUBSECTION, THE CHALLENGE SHALL BE IN
WRITING AND ON A FORM DEVELOPED BY THE AUTHORITY AND shall
include all of the following information:
(1) A declaration disputing that the proposed high-speed
broadband service infrastructure project area is unserved or
underserved . THE ELIGIBILITY OF THE PROPOSED PROJECT,
INCLUDING WHETHER A PARTICULAR LOCATION IS IN AN UNSERVED
AREA OR UNDERSERVED AREA.
(2) An affidavit from the broadband service provider of
the provider's existing or planned provision of high-speed
broadband service within the proposed high-speed broadband
service infrastructure project area.
(e) Review.--In reviewing an application and any
accompanying challenge under this section, the authority shall
ensure that the grant award under section 6123 FOR THE
DEVELOPMENT AND DEPLOYMENT OF BROADBAND NETWORKS is used to
deploy high-speed broadband service infrastructure to unserved
or underserved areas AS REQUIRED BY FEDERAL LAW OR GUIDANCE . The
authority may not award a grant under section 6123 to fund
deployment of high-speed broadband service infrastructure for a
project area that results in an overbuild.
(f) Criteria INFRASTRUCTURE CRITERIA .--The authority BOARD
shall award grants under section 6123 for proposed high-speed
broadband service infrastructure projects based upon a scoring
system, which shall be released to the public at least 30 days
before the beginning of the application period under subsection
(a). The authority shall consider all of the following criteria
when weighing or scoring an application for a grant under
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section 6123:
(1) The size and scope of the unserved or underserved
area to be deployed.
(2) The experience, technical ability and financial
capability of the applicant to successfully deploy high-speed
broadband service infrastructure and provide high-speed
broadband service.
(3) The length of time which the applicant has been
providing high-speed broadband or utility service.
(4) (3) The extent to which Federal, State or local
government funding support is necessary to DEVELOP AND deploy
high-speed broadband network SERVICE infrastructure in an
economically feasible manner in the proposed project area.
(5) (4) The proportion of the private capital pledged by
the applicant to finance the proposed high-speed broadband
service infrastructure project under subsection (b).
(6) (5) The high-speed broadband service speed
thresholds proposed in the application and the scalability of
the high-speed broadband service infrastructure proposed to
be deployed to provide high-speed broadband service to
households and businesses.
(7) (6) An affidavit that no grant funding shall be used
to overbuild an area that is already served with high-speed
broadband service. IN SUCH A MANNER AS TO RESULT IN AN
OVERBUILD.
(7) AN AFFIDAVIT THAT AN APPLICANT SHALL ENSURE THAT A
CONTRACTOR OR SUBCONTRACTOR PERFORMING CONSTRUCTION,
RECONSTRUCTION, DEMOLITION, REPAIR OR MAINTENANCE WORK ON A
HIGH-SPEED BROADBAND SERVICE INFRASTRUCTURE PROJECT DEVELOPED
AND DEPLOYED UNDER THIS CHAPTER MEETS ALL OF THE FOLLOWING
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REQUIREMENTS:
(I) MAINTAINS ALL VALID LICENSES, REGISTRATIONS OR
CERTIFICATES REQUIRED BY THE FEDERAL GOVERNMENT, THE
COMMONWEALTH OR A LOCAL GOVERNMENT ENTITY THAT IS
NECESSARY TO DO BUSINESS OR PERFORM APPLICABLE WORK.
(II) MAINTAINS COMPLIANCE WITH THE ACT OF JUNE 2,
1915 (P.L.736, NO.338), KNOWN AS THE WORKERS'
COMPENSATION ACT, THE ACT OF DECEMBER 5, 1936 (2ND
SP.SESS., 1937 P.L.2897, NO.1), KNOWN AS THE UNEMPLOYMENT
COMPENSATION LAW, AND BONDING AND LIABILITY INSURANCE
REQUIREMENTS AS SPECIFIED IN THE CONTRACT FOR THE
PROJECT.
(III) HAS NOT DEFAULTED ON A PROJECT, DECLARED
BANKRUPTCY, BEEN DEBARRED OR SUSPENDED ON A PROJECT BY
THE FEDERAL GOVERNMENT, THE COMMONWEALTH OR A LOCAL
GOVERNMENT ENTITY WITHIN THE PREVIOUS THREE YEARS.
(IV) HAS NOT BEEN CONVICTED OF A MISDEMEANOR OR
FELONY RELATING TO THE PERFORMANCE OR OPERATION OF THE
BUSINESS OF THE CONTRACTOR OR SUBCONTRACTOR WITHIN THE
PREVIOUS 10 YEARS.
(V) HAS COMPLETED A MINIMUM OF THE UNITED STATES
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION'S 10-HOUR
SAFETY TRAINING COURSE OR SIMILAR TRAINING SUFFICIENT TO
PREPARE WORKERS FOR ANY HAZARDS THAT MAY BE ENCOUNTERED
DURING THEIR WORK ON THE HIGH-SPEED BROADBAND SERVICE
INFRASTRUCTURE.
(8) Other factors which the authority determines to be
reasonable and appropriate for the purposes of this chapter.
(F.1) OTHER PROJECT CRITERIA.--THE BOARD SHALL AWARD GRANTS
UNDER SECTION 6123 FOR ALL OTHER PROJECTS BASED UPON A SCORING
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SYSTEM, WHICH SHALL BE RELEASED TO THE PUBLIC AT LEAST 30 DAYS
BEFORE THE BEGINNING OF THE APPLICATION PERIOD UNDER SUBSECTION
(A). THE AUTHORITY SHALL DETERMINE THE CRITERIA WHEN WEIGHING OR
SCORING AN APPLICATION FOR A GRANT UNDER SECTION 6123 BASED ON
FEDERAL LAW OR GUIDANCE AND OTHER FACTORS WHICH THE AUTHORITY
DETERMINES TO BE REASONABLE AND APPROPRIATE FOR THE PURPOSES OF
THIS CHAPTER.
(g) Regulatory obligations.--In awarding grants under
section 6123, the authority shall not consider any additional
regulatory obligations, except as required under applicable
Federal or State law.
(h) Time for project completion.-- Applicants shall deploy
the broadband network and begin providing service to each
customer that desires service not later than four years after
the date in which the applicant receives a grant unless
otherwise extended by the authority as AND allowed by Federal
law and OR guidance. Grant funds awarded to an applicant who
fails to complete a proposed high-speed broadband service
infrastructure project within four years, unless otherwise
extended by the authority, may be subject to refund or clawback
by the authority . or the Auditor General, regardless of the
dissolution of the authority under section 6111(d). Grant funds
that are subject to repayment shall be made available for the
Unserved High-Speed Broadband Funding Program.
Section 2. This act shall take effect in 60 days
IMMEDIATELY.
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