HOUSE AMENDED
PRIOR PRINTER'S NO. 460
PRINTER'S NO. 928
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
442
Session of
2021
INTRODUCED BY PHILLIPS-HILL, STEFANO, MARTIN, YAW, BROOKS,
GORDNER, SCHWANK, HUTCHINSON, PITTMAN, MASTRIANO, AUMENT AND
BAKER, MARCH 19, 2021
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 21, 2021
AN ACT
Providing for an inventory of State-owned assets for the
development of fixed broadband services in unserved areas,
establishing the Broadband Services Restricted Account and
providing for underserved areas of this Commonwealth.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the State-owned
Assets and Broadband Services Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of General Services of the
Commonwealth.
"Fixed broadband service." An Internet connection provided
through a link to a stationary location.
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"Mobile broadband service." An Internet connection provided
through a link to locations that are not stationary.
"Qualified provider." A provider of mobile broadband service
that has obtained all governmental approvals required for the
provision of fixed broadband service in the unserved area or
underserved area in which it seeks to provide the service.
"Underserved area." An area within this Commonwealth that is
demonstrated to have limited access to fixed broadband services
or mobile broadband services.
"Unserved area." An area within this Commonwealth that is
demonstrated to not have access to fixed broadband services or
mobile broadband services.
Section 3. Inventory of State-owned assets.
(A) BROADBAND SERVICES.--Under the act of June 15, 1972
(P.L.395, No.117), entitled "An act providing for an inventory
of all Commonwealth real property, except highway rights-of-way
to be prepared by the Department of Property and Supplies, for
its availability to the public, for its updating, and for
cooperation by all State governmental agencies; and making an
appropriation," and section 508(b) of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929, the
department shall include in its inventories and surveys of real
estate structures and assets information on possible use of
those assets for fixed broadband services or mobile broadband
services. The information shall be used by the department or its
designee when analyzing resources available in providing
broadband services in underserved areas and unserved areas.
(B) PUBLICATION.--THE DEPARTMENT SHALL SUBMIT AN INVENTORY
OF STATE-OWNED ASSETS POTENTIALLY AVAILABLE FOR FIXED BROADBAND
SERVICES AND MOBILE BROADBAND SERVICES TO THE LEGISLATIVE
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REFERENCE BUREAU FOR PUBLICATION IN THE PENNSYLVANIA BULLETIN
AND POST THE INVENTORY ON ITS PUBLICLY ACCESSIBLE INTERNET
WEBSITE WITHIN 120 DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
Section 3.1. Inventory of county-owned assets.
(a) Preparation of inventories.--A county may prepare and
periodically update an inventory of county-owned assets that are
available and may be used to provide broadband services in
underserved areas and unserved areas.
(b) Transmission to department.--A county inventory prepared
under subsection (a) may be transmitted to the department and
shall be included in the information used by the department
under section 3 when analyzing resources available to provide
broadband services in underserved areas and unserved areas.
(C) PUBLICATION.--THE DEPARTMENT SHALL SUBMIT A COUNTY
INVENTORY PREPARED UNDER SUBSECTION (A) TO THE LEGISLATIVE
REFERENCE BUREAU FOR PUBLICATION IN THE PENNSYLVANIA BULLETIN
AND POST THE INVENTORY ON ITS PUBLICLY ACCESSIBLE INTERNET
WEBSITE WITHIN 120 DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
Section 4. Lease or conveyance of State-owned assets.
(a) General rule.--Notwithstanding any provision of law to
the contrary and subject to the guidelines adopted by the
department under section 6, the State agency having
responsibility for a State-owned asset for fixed broadband
services or mobile broadband services in an unserved area or
underserved area may AUCTION, lease or convey a license or other
interest in the asset to a qualified provider in order to permit
the use of the asset by the qualified provider in its deployment
of fixed broadband services or mobile broadband services within
the unserved area or underserved area or portion of that
unserved area or underserved area.
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(b) Evidence of compliance.--The requirement under
subsection (a) is subject to the qualified provider presenting
to the State agency evidence of compliance with structural,
permitting and other guidelines under section 6, which will be
reviewed by the department or its designee.
Section 5. Broadband Services Restricted Account.
(a) Establishment.--The Broadband Services Restricted
Account is established in the General Fund. The money in the
restricted account is appropriated on a continuing basis to the
department for the purpose of deploying high-speed broadband
services in unserved areas and underserved areas.
(b) Funding.--The following shall be deposited into the
restricted account established under subsection (a):
(1) All revenue generated from leases, licenses or other
interests in assets authorized by this act.
(2) All revenue generated from the contract entered into
between the department and a wireless infrastructure program
manager on August 23, 2019, and identified by the department
as Contract Number 4400021522. UPON EACH DEPOSIT INTO THE
RESTRICTED ACCOUNT, THE DEPARTMENT SHALL NOTIFY, IN WRITING,
THE MAJORITY CHAIR AND MINORITY CHAIR OF THE APPROPRIATIONS
COMMITTEE OF THE SENATE AND THE MAJORITY CHAIR AND MINORITY
CHAIR OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF
REPRESENTATIVES OF THE SPECIFIC DOLLAR AMOUNT GENERATED FROM
THE CONTRACT SPECIFIED IN THIS PARAGRAPH.
(3) All revenue generated from any other contract or
agreement entered into between the department and a wireless
infrastructure program manager for any of the following
purposes:
(i) to analyze and market Commonwealth-owned assets,
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a neutral host system, for revenue-generating purposes;
(ii) to manage the occupancy, revenues and expenses
associated with each asset;
(iii) to construct or, through agreement with a
service provider, facilitate the construction of new
telecommunication equipment on Commonwealth-owned land,
facilities or within rights-of-way;
(iv) to retrofit or facilitate the upgrade of
existing telecommunication equipment, including, but not
limited to, space on any previously constructed towers
and buildings; and
(v) to enter into site occupancy agreements for
assets and telecommunication equipment with service
providers that will facilitate the deployment of
broadband services to urban and rural consumers.
Section 6. Departmental guidelines.
(A) GUIDELINES.--The department or its designee shall adopt
guidelines for the following:
(1) Qualifications for broadband service providers.
(2) Negotiating and finalizing site occupancy
agreements.
(B) REAL ESTATE TAXES.--IN THE GUIDELINES ADOPTED UNDER
SUBSECTION (A), THE DEPARTMENT OR ITS DESIGNEE SHALL SPECIFY
THAT REAL ESTATE TAXES ASSESSED AS A RESULT OF FIXED ASSETS
CONSTRUCTED TO PROVIDE FIXED BROADBAND SERVICES OR MOBILE
BROADBAND SERVICES SHALL BE THE RESPONSIBILITY OF THE QUALIFIED
PROVIDER. A LEASE, CONTRACT OR AGREEMENT SIGNED UNDER THE
PROVISIONS OF THIS ACT MAY NOT REQUIRE THE COMMONWEALTH OR ITS
POLITICAL SUBDIVISIONS OR INSTRUMENTALITIES TO PAY REAL ESTATE
TAXES ON FIXED ASSETS CONSTRUCTED TO PROVIDE FIXED BROADBAND
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SERVICES OR MOBILE BROADBAND SERVICES.
(C) RIGHT-TO-KNOW LAW.--THE GUIDELINES ADOPTED UNDER
SUBSECTION (A) SHALL BE PUBLIC RECORD AS DEFINED IN SECTION 102
OF THE ACT OF FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS THE
RIGHT-TO-KNOW LAW, AND SHALL BE AVAILABLE ON THE DEPARTMENT'S
PUBLICLY ACCESSIBLE INTERNET WEBSITE.
Section 7. Approvals.
The department or its designee shall identify an appropriate
timeline of no more than 90 days for approval of site occupancy
agreements.
Section 8. Statewide Mobile Radio and Microwave System.
(a) Jurisdiction.--The Pennsylvania State Police shall have
jurisdiction over the Statewide Mobile Radio and Microwave
System described in the act of December 5, 1996 (P.L.921,
No.148), known as the Capital Budget Project Itemization Act for
1996-1997.
(b) Allocation of proceeds.--Proceeds from the lease or
licensing of a tower or other asset of the Statewide Mobile
Radio and Microwave System shall be used for the purpose of
maintaining and improving the system STATEWIDE MOBILE RADIO AND
MICROWAVE SYSTEM.
Section 9. Applicability.
This act shall not apply to AS FOLLOWS:
(1) The SECTIONS 3, 3.1, 4, 5, 6 AND 7 SHALL NOT APPLY
TO THE Pennsylvania State Police.
(2) The SECTIONS 3, 3.1, 4, 5, 6, 7 AND 8 SHALL NOT
APPLY TO THE Pennsylvania Historical and Museum Commission.
Section 10. Effective date.
This act shall take effect immediately.
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