H2071B2392A03054 AJB:AAS 11/16/21 #90 A03054
AMENDMENTS TO HOUSE BILL NO. 2071
Sponsor: REPRESENTATIVE MATZIE
Printer's No. 2392
Amend Bill, page 1, line 4, by inserting after "unserved"
and underserved
Amend Bill, page 2, line 4, by inserting after "unserved"
and underserved
Amend Bill, page 2, line 9, by striking out "A
nongovernmental" and inserting
An
Amend Bill, page 2, line 11, by striking out the period after
"process)" and inserting
, including, but not limited to, a cooperative, nonprofit
organization, public-private partnership, private company,
public or private utility, public utility district or local
government.
Amend Bill, page 2, by inserting between lines 17 and 18
"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,
unemployed individuals and aged individuals, that lack access to
gigabit-level broadband service.
Amend Bill, page 2, lines 20 through 26, by striking out all
of said lines
Amend Bill, page 2, line 28, by inserting after "having"
a latency sufficient to support real-time, interactive
applications and
Amend Bill, page 3, line 1, by striking out "or"
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Amend Bill, page 3, line 3, by striking out ", whichever is
greater." and inserting
; or
(3) minimum speeds otherwise required to comply with
funding opportunities from the Federal Government, whichever
is greater.
Amend Bill, page 3, line 5, by inserting after "unserved"
or underserved
Amend Bill, page 3, lines 11 through 28, by striking out all
of said lines and inserting
"Underserved area." A project area that is not an unserved
location 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.
Amend Bill, page 4, line 24, by striking out the period after
"section" and inserting
, 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.
Amend Bill, page 5, line 15, by striking out "chair" and
inserting
executive director
Amend Bill, page 5, lines 19 and 20, by striking out
"executive director of the Governor's Office of Broadband
Initiatives" and inserting
Secretary of General Services
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Amend Bill, page 5, line 21, by striking out "One individual
appointed by the Governor" and inserting
The Secretary of the Budget or a designee
Amend Bill, page 5, line 30, by striking out "appointed"
Amend Bill, page 6, line 1, by striking out "may" and
inserting
shall
Amend Bill, page 6, line 7, by striking out "Five" and
inserting
Six
Amend Bill, page 6, line 9, by striking out "five" and
inserting
six
Amend Bill, page 6, lines 10 and 11, by striking out "being
appointed" and inserting
as specified
Amend Bill, page 6, line 12, by striking out "or" where it
occurs the second time and inserting
and
Amend Bill, page 6, lines 13 through 30; page 7, lines 1
through 14; by striking out "for any of the" in line 13, all of
lines 14 through 30 on page 6 and all of lines 1 through 14 on
page 7 and inserting
under section 6121(1), (2), (3), (4), (5) and
(6) (relating to corporate powers and duties in
general).
Amend Bill, page 7, line 19, by striking out "once a month"
and inserting
a quarterly basis
Amend Bill, page 8, line 3, by striking out "may" and
inserting
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shall
Amend Bill, page 8, lines 9 through 12, by striking out "The
members of the board" in line 9 and all of lines 10 through 12
Amend Bill, page 8, line 24, by striking out "December" and
inserting
March
Amend Bill, page 9, line 7, by striking out "may" and
inserting
shall
Amend Bill, page 9, lines 20 through 24, by striking out
"disbursal" in line 20 and all of lines 21 through 24 and
inserting
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.
Amend Bill, page 10, line 23, by striking out "guidance" and
inserting
best practices
Amend Bill, page 10, line 24, by striking out "guidelines"
and inserting
best practices
Amend Bill, page 11, lines 2 and 3, by striking out "an
enforceable" and inserting
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a
Amend Bill, page 11, line 4, by inserting after "buildout"
, including equitable access and digital literacy components,
Amend Bill, page 11, line 6, by striking out "nongovernmental
entities" and inserting
applicants
Amend Bill, page 11, line 7, by inserting after "Government."
The Statewide broadband plan shall also incorporate
opportunities to utilize Commonwealth assets to the extent
practicable.
Amend Bill, page 11, lines 10 and 11, by striking out "submit
a localized broadband plan to the authority and "
Amend Bill, page 11, lines 14 and 15, by striking out "a
program" and inserting
one or more programs
Amend Bill, page 11, line 19, by striking out "A
nongovernmental entity" and inserting
An applicant
Amend Bill, page 11, line 25, by striking out
"nongovernmental entity" and inserting
applicant
Amend Bill, page 11, line 26, by striking out "of 25%" and
inserting
amount
Amend Bill, page 11, line 27, by inserting after "project"
as determined by the authority in accordance with Federal
law and guidance
Amend Bill, page 11, lines 29 and 30, by striking out "a
nongovernmental entity " and inserting
an applicant
Amend Bill, page 12, lines 2 and 3, by striking out ". A
nongovernmental entity" and inserting
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unless otherwise determined by the authority. An applicant
Amend Bill, page 12, line 9, by striking out the comma after
"Federal" and inserting
or
Amend Bill, page 12, line 10, by striking out "or local
government"
Amend Bill, page 12, line 14, by striking out "annual"
Amend Bill, page 12, line 16, by striking out "annual"
Amend Bill, page 12, line 17, by striking out "90" and
inserting
60
Amend Bill, page 12, line 18, by striking out "150" and
inserting
120
Amend Bill, page 12, lines 21 through 30; page 13, lines 1
through 30; page 14, lines 1 through 9; by striking out "all of
the following information:" in line 21, all of lines 22 through
30 on page 12, all of lines 1 through 30 on page 13 and all of
lines 1 through 9 on page 14 and inserting
information required by Federal law or guidance or 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.
Amend Bill, page 14, line 10, by striking out "five" and
inserting
10
Amend Bill, page 14, line 12, by striking out "applications
received" and inserting
proposed unserved or underserved areas and the community
anchor institutions
Amend Bill, page 14, lines 15 through 20, by striking out
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"Within 45 days of the authority" in line 15 and all of lines 16
through 20 and inserting
Before awarding grant funds 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
may challenge a proposed project
Amend Bill, page 14, line 22, by striking out "A" and
inserting
After resolving each challenge under this subsection, and
not later than 60 days before awarding grant funds under section
6123, the authority shall provide public notice of the final
classification of each unserved and underserved location or
community anchor institution within the Commonwealth. A unit of
local government, nonprofit organization or other
Amend Bill, page 14, line 27, by inserting after "unserved"
or underserved
Amend Bill, page 15, line 5, by inserting after "unserved"
or underserved
Amend Bill, page 15, line 16, by inserting after "unserved"
or underserved
Amend Bill, page 16, lines 12 and 13, by striking out "except
as required under applicable Federal or State law, "
Amend Bill, page 16, lines 14 through 17, by striking out
"including open-access network" in line 14 and all of lines 15
through 17 and inserting
except as required under applicable Federal or State law.
Amend Bill, page 16, lines 18 through 21, by striking out
"Applicants shall be" in line 18, all of lines 19 and 20 and
"grants under section 6123." in line 21 and inserting
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
allowed by Federal law and guidance.
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Amend Bill, page 16, line 23, by striking out "a reasonable
length of time" and inserting
four years, unless otherwise extended by the authority,
Amend Bill, page 16, line 24, by striking out "and" and
inserting
or
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