Bill Text - SB85 (2021)

Establishing a broadband matching grant initiative and fund.


Revision: Jan. 26, 2021, 12:41 p.m.

SB 85-FN - AS INTRODUCED

 

 

2021 SESSION

21-0832

05/10

 

SENATE BILL 85-FN

 

AN ACT establishing a broadband matching grant initiative and fund.

 

SPONSORS: Sen. Bradley, Dist 3; Sen. Cavanaugh, Dist 16; Sen. Avard, Dist 12; Sen. Prentiss, Dist 5; Sen. Sherman, Dist 24; Sen. Ward, Dist 8; Sen. Watters, Dist 4; Sen. Daniels, Dist 11; Sen. Gannon, Dist 23; Sen. Giuda, Dist 2; Sen. Rosenwald, Dist 13; Sen. D'Allesandro, Dist 20; Sen. Hennessey, Dist 1; Sen. Carson, Dist 14; Rep. Umberger, Carr. 2; Rep. Marsh, Carr. 8; Rep. Cushing, Rock. 21

 

COMMITTEE: Election Law and Municipal Affairs

 

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ANALYSIS

 

This bill establishes the broadband matching grant initiative and fund in the office of strategic initiatives.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0832

05/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT establishing a broadband matching grant initiative and fund.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Findings and Purpose.  The COVID-19 pandemic has shown the absolute necessity for broadband Internet access for all New Hampshire residents for working, education, medicine, social interaction, and other purposes. The pandemic has also shown gaps in adequate coverage primarily in rural areas of New Hampshire. Increasingly residents are going to require better access to broadband at a sufficient upload and download speed.  A matching grant that utilizes state and federal funds shall be matched by political subdivision and private funds is essential to improved broadband access.  The general court recognizes that a public-private partnership is essential to developing broadband access required in New Hampshire.

2  New Subdivision; Broadband Matching Grant Initiative.  Amend RSA 4-c by inserting after section 37 the following new subdivision:

Broadband Matching Grant Initiative

4-C:38  Broadband Matching Grant Initiative Established.

I.  There is hereby established within the office of strategic initiatives a broadband matching grant initiative, the purpose of which shall be to provide matching grants to eligible political subdivisions and communications districts in order to improve broadband access across the state.

II.  Eligible projects shall provide high speed Internet access that meets or exceeds 25 Mbps download and 3 Mbps upload (25/3 Mbps) to areas completely unserved by providers, or in areas served by providers at a lower speed.

III.  Any political subdivision or communications district formed under RSA 53-G shall be eligible for a grant of up to 50 percent of the total eligible costs of a project.  Projects under construction at the time of application shall be ineligible.  Projects in the planning stages shall be eligible.

4-C:39  Program Guidelines; Rulemaking.

I.  Eligible costs for the program shall include, but not limited to:

(a)  Purchase or lease of rights of way, including pole access.  

(b)  Construction of mainline or backbone lines.

(c)  Construction of service connections to individual homes or businesses.

(d)  Upgrades to existing infrastructure that currently provides service that does not meet the minimum of 25 Mbps download and 3 Mbps upload (25/3 Mbps) speeds.

(e)  All other costs directly attributable to the construction project.  In cases where a cost is shared with another ongoing project, shared costs shall be prorated.

II.  Planning costs shall be ineligible for reimbursement.  For cases of demonstrated financial hardship, applicants may apply for a waiver to this requirement, subject to the approval by the office of strategic initiatives.

III.  The political subdivision or communications district shall provide up to 50 percent of the total cost of the project.  Sources of the match may include revenue bonds issued by the political subdivision or bonds issued by the communication district.  Political subdivisions may negotiate with broadband providers for private contribution.  Any private contribution shall be credited towards the political subdivision or communications district share of the project.

IV.  The office of strategic initiatives shall adopt rules under RSA 541-A and RSA 4-C:5, relative to grant application and distribution procedures.

4-C:40  Broadband Matching Grant Fund.  

I.  There is hereby established the broadband matching grant fund.  The fund shall be keep separate and distinct from all other funds and shall be continually appropriated to the director of the office of strategic initiatives for the purposes of this subdivision.  In addition to state appropriations, the office of strategic initiatives may accept gifts, grants, and donations for deposit into the fund.

II.  Any federal funds received by the state for the purposes of expanding or improving Internet access that are not otherwise committed to other programs or required by the federal legislation authorizing the funds shall be deposited into the broadband matching grant fund.  

3  New Subparagraph; Dedicated Funds; Broadband Matching Grant Fund.  Amend RSA 6:12, I(b) by inserting after subparagraph (364) the following new subparagraph:

(365)  Moneys deposited in the broadband matching grant fund under RSA 4-C:40.

4  Effective Date.  This act shall take effect July 1, 2021.

 

LBA

21-0832

1/21/21

 

SB 85-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT establishing a broadband matching grant initiative and fund.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2021

FY 2022

FY 2023

FY 2024

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - Broadband Matching Grant Fund

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

METHODOLOGY:

This bill establishes a broadband matching grant initiative within the Office of Strategic Initiatives (OSI) and a nonlapsing continually appropriated Broadband Matching Grant Fund to provide matching grants to eligible political subdivisions and communications districts in order to improve broadband access across the state.  OSI anticipates partnering with other state agencies to fulfill the objectives of the bill.  The program shall be funded with state appropriations, gifts grants and donations and any federal funds received by the state for the purposes of expanding or improving Internet access that are not otherwise committed to other programs or required by the federal legislation to be used for other purposes.  There is no appropriation in this bill.

 

The Office is unable to estimate a potential administrative cost as the number of applications are unknown, and therefore the fiscal impact of this new program is indeterminable.

 

Any political subdivision or communications district formed under RSA 53-G shall be eligible for a grant of up to 50 percent of the total eligible costs of a project.  The fiscal impact would be based on the number and scale of eligible projects and based on rules for eligibility determined by the Office of Strategic Initiatives.

 

AGENCIES CONTACTED:

Office of Strategic Initiatives