Regular Session 2021-2022 Senate Bill 0442 P.N. 1846

HOUSE AMENDED

PRIOR PRINTER'S NOS. 460, 928

PRINTER'S NO. 1846

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 RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF

REPRESENTATIVES, AS AMENDED, JULY 6, 2022

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.

AMENDING THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), ENTITLED

"AN ACT RELATING TO THE FINANCES OF THE STATE GOVERNMENT;

PROVIDING FOR CANCER CONTROL, PREVENTION AND RESEARCH, FOR

AMBULATORY SURGICAL CENTER DATA COLLECTION, FOR THE JOINT

UNDERWRITING ASSOCIATION, FOR ENTERTAINMENT BUSINESS

FINANCIAL MANAGEMENT FIRMS, FOR PRIVATE DAM FINANCIAL

ASSURANCE AND FOR REINSTATEMENT OF ITEM VETOES; PROVIDING FOR

THE SETTLEMENT, ASSESSMENT, COLLECTION, AND LIEN OF TAXES,

BONUS, AND ALL OTHER ACCOUNTS DUE THE COMMONWEALTH, THE

COLLECTION AND RECOVERY OF FEES AND OTHER MONEY OR PROPERTY

DUE OR BELONGING TO THE COMMONWEALTH, OR ANY AGENCY THEREOF,

INCLUDING ESCHEATED PROPERTY AND THE PROCEEDS OF ITS SALE,

THE CUSTODY AND DISBURSEMENT OR OTHER DISPOSITION OF FUNDS

AND SECURITIES BELONGING TO OR IN THE POSSESSION OF THE

COMMONWEALTH, AND THE SETTLEMENT OF CLAIMS AGAINST THE

COMMONWEALTH, THE RESETTLEMENT OF ACCOUNTS AND APPEALS TO THE

COURTS, REFUNDS OF MONEYS ERRONEOUSLY PAID TO THE

COMMONWEALTH, AUDITING THE ACCOUNTS OF THE COMMONWEALTH AND

ALL AGENCIES THEREOF, OF ALL PUBLIC OFFICERS COLLECTING

MONEYS PAYABLE TO THE COMMONWEALTH, OR ANY AGENCY THEREOF,

AND ALL RECEIPTS OF APPROPRIATIONS FROM THE COMMONWEALTH,

AUTHORIZING THE COMMONWEALTH TO ISSUE TAX ANTICIPATION NOTES

TO DEFRAY CURRENT EXPENSES, IMPLEMENTING THE PROVISIONS OF

SECTION 7(A) OF ARTICLE VIII OF THE CONSTITUTION OF

PENNSYLVANIA AUTHORIZING AND RESTRICTING THE INCURRING OF

CERTAIN DEBT AND IMPOSING PENALTIES; AFFECTING EVERY

DEPARTMENT, BOARD, COMMISSION, AND OFFICER OF THE STATE

<--

GOVERNMENT, EVERY POLITICAL SUBDIVISION OF THE STATE, AND

CERTAIN OFFICERS OF SUCH SUBDIVISIONS, EVERY PERSON,

ASSOCIATION, AND CORPORATION REQUIRED TO PAY, ASSESS, OR

COLLECT TAXES, OR TO MAKE RETURNS OR REPORTS UNDER THE LAWS

IMPOSING TAXES FOR STATE PURPOSES, OR TO PAY LICENSE FEES OR

OTHER MONEYS TO THE COMMONWEALTH, OR ANY AGENCY THEREOF,

EVERY STATE DEPOSITORY AND EVERY DEBTOR OR CREDITOR OF THE

COMMONWEALTH," PROVIDING FOR STATE-OWNED ASSETS, COUNTY-OWNED

ASSETS AND BROADBAND SERVICES; ESTABLISHING THE BROADBAND

SERVICES RESTRICTED ACCOUNT; AND PROVIDING FOR 2022-2023

BUDGET IMPLEMENTATION FOR STATE-RELATED UNIVERSITIES.

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.

"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

20210SB0442PN1846 - 2 -

<--

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

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

20210SB0442PN1846 - 3 -

<--

under section 3 when analyzing resources available to provide

broadband services in underserved areas and unserved areas.

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.

(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.

20210SB0442PN1846 - 4 -

<--

(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,

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

20210SB0442PN1846 - 5 -

<--

(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

SERVICES OR MOBILE BROADBAND SERVICES.

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.

20210SB0442PN1846 - 6 -

<--

(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.

SECTION 1. THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN

AS THE FISCAL CODE, IS AMENDED BY ADDING ARTICLES TO READ:

ARTICLE I-K

STATE-OWNED ASSETS, COUNTY-OWNED ASSETS

AND BROADBAND SERVICES

SECTION 101-K. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE

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

20210SB0442PN1846 - 7 -

<--

THROUGH A LINK TO A STATIONARY LOCATION.

"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 102-K. PENNSYLVANIA STATE POLICE.

(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) 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 STATEWIDE MOBILE RADIO AND MICROWAVE SYSTEM.

SECTION 103-K. STATE-OWNED ASSETS, COUNTY-OWNED ASSETS AND

BROADBAND SERVICES.

(A) INVENTORIES.--THE FOLLOWING SHALL APPLY:

(1) 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

20210SB0442PN1846 - 8 -

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 THE 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. THE INVENTORY MAY NOT INCLUDE

ASSETS USED BY THE PENNSYLVANIA STATE POLICE OR THE

PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION.

(2) 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. A COUNTY INVENTORY PREPARED UNDER THIS

PARAGRAPH MAY BE TRANSMITTED TO THE DEPARTMENT AND SHALL BE

INCLUDED IN THE INFORMATION USED BY THE DEPARTMENT UNDER

SUBSECTION (E) WHEN ANALYZING RESOURCES AVAILABLE TO PROVIDE

BROADBAND SERVICES IN UNDERSERVED AREAS AND UNSERVED AREAS.

(B) PUBLICATION.--THE FOLLOWING SHALL APPLY:

(1) THE DEPARTMENT SHALL SUBMIT AN INVENTORY OF STATE-

OWNED ASSETS POTENTIALLY AVAILABLE FOR FIXED BROADBAND

SERVICES AND MOBILE BROADBAND SERVICES 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

SUBSECTION.

(2) THE DEPARTMENT SHALL SUBMIT A COUNTY INVENTORY

20210SB0442PN1846 - 9 -

PREPARED UNDER SUBSECTION (A)(2) 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 SUBSECTION.

(1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY

AND SUBJECT TO THE GUIDELINES ADOPTED BY THE DEPARTMENT UNDER

SUBSECTION (E), 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.

(2) THE REQUIREMENT UNDER PARAGRAPH (1) SHALL BE SUBJECT

TO THE QUALIFIED PROVIDER PRESENTING TO THE STATE AGENCY

EVIDENCE OF COMPLIANCE WITH STRUCTURAL, PERMITTING AND OTHER

GUIDELINES UNDER SUBSECTION (E), WHICH SHALL BE REVIEWED BY

THE DEPARTMENT OR ITS DESIGNEE.

(D) BROADBAND SERVICES RESTRICTED ACCOUNT.--THE FOLLOWING

SHALL APPLY:

(1) 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.

(2) THE FOLLOWING SHALL BE DEPOSITED INTO THE RESTRICTED

ACCOUNT ESTABLISHED UNDER PARAGRAPH (1):

20210SB0442PN1846 - 10 -

(I) REVENUE GENERATED FROM LEASES, LICENSES OR OTHER

INTERESTS IN ASSETS AUTHORIZED BY THIS ARTICLE.

(II) 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 CHAIRPERSON AND MINORITY

CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE SENATE

AND THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE

APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES

OF THE SPECIFIC DOLLAR AMOUNT GENERATED FROM THE CONTRACT

SPECIFIED IN THIS SUBPARAGRAPH.

(III) 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:

(A) TO ANALYZE AND MARKET STATE-OWNED ASSETS, A

NEUTRAL HOST SYSTEM, FOR REVENUE-GENERATING PURPOSES;

(B) TO MANAGE THE OCCUPANCY, REVENUES AND

EXPENSES ASSOCIATED WITH EACH ASSET;

SERVICE PROVIDER, FACILITATE THE CONSTRUCTION OF NEW

TELECOMMUNICATION EQUIPMENT ON STATE-OWNED LAND OR

FACILITIES OR WITHIN RIGHTS-OF-WAY;

(D) TO RETROFIT OR FACILITATE THE UPGRADE OF

EXISTING TELECOMMUNICATION EQUIPMENT, INCLUDING, BUT

NOT LIMITED TO, SPACE ON ANY PREVIOUSLY CONSTRUCTED

TOWERS AND BUILDINGS; AND

(E) TO ENTER INTO SITE OCCUPANCY AGREEMENTS FOR

20210SB0442PN1846 - 11 -

ASSETS AND TELECOMMUNICATION EQUIPMENT WITH SERVICE

PROVIDERS THAT WILL FACILITATE THE DEPLOYMENT OF

BROADBAND SERVICES TO URBAN AND RURAL CONSUMERS.

(E) GUIDELINES.--THE FOLLOWING SHALL APPLY:

(1) THE DEPARTMENT OR ITS DESIGNEE SHALL ADOPT

GUIDELINES FOR QUALIFICATIONS FOR BROADBAND SERVICE PROVIDERS

AND NEGOTIATING AND FINALIZING SITE OCCUPANCY AGREEMENTS.

(2) IN THE GUIDELINES ADOPTED UNDER PARAGRAPH (1), 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 ARTICLE MAY NOT REQUIRE THE COMMONWEALTH OR ITS

POLITICAL SUBDIVISIONS OR INSTRUMENTALITIES TO PAY REAL

ESTATE TAXES ON FIXED ASSETS CONSTRUCTED TO PROVIDE FIXED

BROADBAND SERVICES OR MOBILE BROADBAND SERVICES.

(3) THE GUIDELINES ADOPTED UNDER PARAGRAPH (1) SHALL BE

PUBLIC RECORDS 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.

(F) APPROVAL.--THE DEPARTMENT OR ITS DESIGNEE SHALL IDENTIFY

AN APPROPRIATE TIMELINE OF NO MORE THAN 90 DAYS FOR APPROVAL OF

SITE OCCUPANCY AGREEMENTS.

ARTICLE XVII-F.1

2022-2023 BUDGET IMPLEMENTATION

SUBARTICLE A

(RESERVED)

SUBARTICLE B

20210SB0442PN1846 - 12 -

EXECUTIVE DEPARTMENT

SECTION 1711-F.1. (RESERVED).

SECTION 1712-F.1. (RESERVED).

SECTION 1713-F.1. (RESERVED).

SECTION 1714-F.1. (RESERVED).

SECTION 1715-F.1. (RESERVED).

SECTION 1716-F.1. (RESERVED).

SECTION 1717-F.1. (RESERVED).

SECTION 1718-F.1. (RESERVED).

SECTION 1719-F.1. (RESERVED).

SECTION 1720-F.1. (RESERVED).

SECTION 1721-F.1. (RESERVED).

SECTION 1722-F.1. (RESERVED).

SECTION 1723-F.1. (RESERVED).

SECTION 1724-F.1. (RESERVED).

SECTION 1725-F.1. (RESERVED).

SECTION 1726-F.1. (RESERVED).

SECTION 1727-F.1. (RESERVED).

SECTION 1728-F.1. (RESERVED).

SECTION 1729-F.1. (RESERVED).

SECTION 1730-F.1. (RESERVED).

SECTION 1731-F.1. (RESERVED).

SECTION 1732-F.1. (RESERVED).

SECTION 1733-F.1. (RESERVED).

SECTION 1734-F.1. (RESERVED).

SECTION 1735-F.1. (RESERVED).

SECTION 1736-F.1. STATE-RELATED UNIVERSITIES.

(A) SCOPE.--THIS SECTION RELATES TO PAYMENTS FROM

NONPREFERRED APPROPRIATIONS TO THE FOLLOWING INSTITUTIONS:

(1) THE PENNSYLVANIA STATE UNIVERSITY.

20210SB0442PN1846 - 13 -

(2) THE UNIVERSITY OF PITTSBURGH.

(3) TEMPLE UNIVERSITY.

(4) LINCOLN UNIVERSITY.

(B) FUNDING RESTRICTION.--ALL OF THE FOLLOWING APPLY TO A

PAYMENT UNDER SUBSECTION (A):

(1) THE PAYMENT SHALL BE MADE ON A MONTHLY BASIS.

(2) THE PAYMENT MUST BE BASED ON COST INCURRED BY THE

INSTITUTION ALLOCATED OVER THE 2022-2023 FISCAL YEAR.

(3) THE INSTITUTION MUST NOT ENGAGE IN RESEARCH OR

EXPERIMENTATION USING FETAL TISSUE OBTAINED FROM AN ELECTIVE

ABORTION.

(4) NOT LATER THAN 30 DAYS PRIOR TO THE DATE THE PAYMENT

IS MADE, A FINANCIAL OFFICER OF THE INSTITUTION MUST SUBMIT

ALL OF THE FOLLOWING TO THE SECRETARY OF EDUCATION, THE STATE

TREASURER, THE SECRETARY OF THE SENATE AND THE CHIEF CLERK OF

THE HOUSE OF REPRESENTATIVES:

(I) AN ESTIMATE OF COSTS UNDER PARAGRAPH (2).

(II) A STATEMENT, SUBJECT TO 18 PA.C.S. § 4904

(RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES), THAT

THE INSTITUTION IS IN COMPLIANCE WITH PARAGRAPH (3).

SECTION 2. THE ADDITION OF ARTICLE XVII-F.1 OF THE ACT SHALL

APPLY RETROACTIVELY TO JULY 1, 2022.

SECTION 3. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

20210SB0442PN1846 - 14 -