H2071B2432A03202 NAD:JMT 12/13/21 #90 A03202
AMENDMENTS TO HOUSE BILL NO. 2071
Sponsor: SENATOR PHILLIPS-HILL
Printer's No. 2432
Amend Bill, page 2, line 5, by inserting after "services"
, including
Amend Bill, page 2, line 16, by striking out "OR" where it
occurs the first time and inserting
, council of governments,
Amend Bill, page 2, line 16, by striking out the period after
"GOVERNMENT" and inserting
or any other entity approved by the board, subject to
section 6112(c)(1)(i) (relating to board).
Amend Bill, page 2, line 22, by striking out "(relating to
board)"
Amend Bill, page 3, line 15, by striking out "downstream" and
inserting
for downloads
Amend Bill, page 3, line 15, by striking out "upstream" and
inserting
for uploads
Amend Bill, page 3, line 23, by inserting after "program"
or programs
Amend Bill, page 3, line 24, by inserting after "generally)"
to fund projects
Amend Bill, page 3, by inserting between lines 24 and 25
"Project." A high-speed broadband service infrastructure
project or other broadband project allowable under Federal law
or guidance.
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"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.
Amend Bill, page 4, line 17, by striking out "LOCATION" and
inserting
area
Amend Bill, page 5, line 4, by striking out "Trust accounts"
and inserting
Accounts
Amend Bill, page 5, lines 21 through 30, by striking out
"elapse" in line 21 and all of lines 22 through 30 and inserting
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.
Amend Bill, page 6, lines 14 through 30; page 7, lines 1
through 10; by striking out all of said lines on said pages and
inserting
(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
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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
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.
Amend Bill, page 7, line 18, by striking out "four" and
inserting
five
Amend Bill, page 7, lines 19 and 20, by striking out "(a)(1)
(vii), (viii), (ix), (x) or (xi) " and inserting
(a)(7), (8), (9), (10) and (11)
Amend Bill, page 8, line 29, by striking out "once a month A "
and inserting
on a
Amend Bill, page 8, line 30; page 9, lines 1 through 6; by
striking out all of said lines on said pages and inserting
(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.
Amend Bill, page 9, line 9, by striking out "legal"
Amend Bill, page 9, line 9, by inserting after "counsel"
and legal
Amend Bill, page 9, lines 16 and 17, by striking out " to
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implement the purposes of this chapter "
Amend Bill, page 10, line 5, by striking out "high-speed
infrastructure"
Amend Bill, page 10, line 10, by striking out "Trust
accounts" and inserting
Accounts
Amend Bill, page 10, line 11, by striking out "trust"
Amend Bill, page 11, line 26, by striking out "overbuilding
of capacity" and inserting
overbuild
Amend Bill, page 12, line 6, by inserting after "entities.--"
The authority shall maintain a centralized database of all
broadband deployment activities occurring within Commonwealth
agencies and departments.
Amend Bill, page 12, lines 9 through 11, by striking out "so
that the" in line 9, all of line 10 and "deployment activities
occurring within this Commonwealth" in line 11 and inserting
regarding the authority's development and maintenance of the
centralized database
Amend Bill, page 12, lines 20 and 21, by striking out "to
assist in streamlining zoning processes "
Amend Bill, page 12, line 21, by inserting after "broadband"
development and
Amend Bill, page 12, lines 26 through 28, by striking out "to
the Broadband Equity, Access, and" in line 26 and all of lines
27 and 28 and inserting
to Federal funding for broadband development and deployment.
Amend Bill, page 13, line 15, by inserting after "authority"
to fund projects
Amend Bill, page 13, line 20, by striking out all of said
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line and inserting
(b) Eligible entity.--The following shall apply:
(1) For projects related to high-speed broadband service
infrastructure, an
Amend Bill, page 13, line 24, by striking out "receive" and
inserting
apply for
Amend Bill, page 13, line 24, by inserting after "the" where
it occurs the second time
development and
Amend Bill, page 13, line 28, by striking out "private"
Amend Bill, page 13, line 30, by striking out "AND" and
inserting
or
Amend Bill, page 13, by inserting after line 30
(2) For all other projects, eligible entities and
minimum investment requirements shall be determined by the
authority in accordance with Federal law or guidance.
Amend Bill, page 14, lines 3 and 4, by striking out "high-
speed broadband service infrastructure "
Amend Bill, page 14, line 5, by striking out "private"
Amend Bill, page 14, lines 8 and 9, by striking out "high-
speed broadband service infrastructure"
Amend Bill, page 14, line 10, by striking out "private"
Amend Bill, page 14, line 13, by inserting after "overbuild"
in which less than 80 percent of broadband-serviceable
locations served by the proposed project are unserved or
underserved
Amend Bill, page 16, line 14, by striking out "OR" where it
occurs the second time and inserting
and
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Amend Bill, page 16, line 22, by striking out "OR" where it
occurs the first time and inserting
areas,
Amend Bill, page 17, line 1, by inserting after "FUNDS"
for the development and deployment of broadband networks
Amend Bill, page 17, lines 3 and 4, by striking out "A UNIT
OF LOCAL GOVERNMENT, NONPROFIT ORGANIZATION OR BROADBAND SERVICE
PROVIDER" and inserting
an entity eligible to be an applicant
Amend Bill, page 17, line 9, by inserting after "FUNDS"
for the development and deployment of broadband networks
Amend Bill, page 17, line 10, by striking out "AND" and
inserting
area,
Amend Bill, page 17, line 11, by striking out "LOCATION OR"
and inserting
area and
Amend Bill, page 17, lines 12 through 15, by striking out "A
UNIT OF LOCAL GOVERNMENT, NONPROFIT ORGANIZATION" in line 12,
all of lines 13 and 14 and "CHALLENGE" in line 15 and inserting
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
Amend Bill, page 17, lines 16 through 18, by striking out
"that the proposed high-speed " in line 16 and all of lines 17
and 18 and inserting
the eligibility of the proposed project, including
whether a particular location is in an unserved area or
underserved area.
Amend Bill, page 17, lines 21 and 22, by striking out "high-
speed broadband service infrastructure "
Amend Bill, page 17, line 25, by inserting after "6123"
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for the development and deployment of broadband networks
Amend Bill, page 17, line 26, by striking out
"infrastructure"
Amend Bill, page 17, line 27, by inserting after "areas"
as required by Federal law or guidance
Amend Bill, page 17, line 29, by striking out
"infrastructure"
Amend Bill, page 17, line 30, by striking out "Criteria" and
inserting
Infrastructure criteria
Amend Bill, page 17, line 30, by striking out "authority" and
inserting
board
Amend Bill, page 18, lines 13 through 15, by striking out all
of lines 13 and 14 and "(4)" in line 15 and inserting
(3)
Amend Bill, page 18, line 16, by inserting after "to"
develop and
Amend Bill, page 18, line 17, by striking out "network" and
inserting
service
Amend Bill, page 18, line 19, by striking out "(5)" and
inserting
(4)
Amend Bill, page 18, line 19, by striking out "private"
Amend Bill, page 18, line 22, by striking out "(6)" and
inserting
(5)
Amend Bill, page 18, line 27, by striking out "(7)" and
inserting
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(6)
Amend Bill, page 18, lines 27 through 29, by striking out
"to" in line 27 and all of lines 28 and 29 and inserting
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
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.
Amend Bill, page 19, by inserting between lines 1 and 2
(f.1) Other project criteria.--The board shall award grants
under section 6123 for all other 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 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.
Amend Bill, page 19, line 17, by striking out "AS" and
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inserting
and
Amend Bill, page 19, line 17, by striking out "AND" and
inserting
or
Amend Bill, page 19, line 19, by striking out "high-speed
broadband service infrastructure"
Amend Bill, page 19, line 22, by inserting a period after
"authority"
Amend Bill, page 19, lines 22 through 25, by striking out
"and OR the Auditor General, regardless of the " in line 22 and
all of lines 23 through 25
Amend Bill, page 19, line 26, by striking out "in 60 days"
and inserting
immediately
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