Revision: March 30, 2022, 11:47 a.m.
Senate Finance
March 29, 2022
2022-1263s
12/04
Amendment to SB 445-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to the broadband matching grant initiative.
Amend the bill by replacing all after the enacting clause with the following:
1 Appropriation; Department of Business and Economic Affairs. The sum of $122,100,000 of federal coronavirus capital projects funds, authorized by the American Rescue Plan Act of 2021, Public Law 117-2, from the United States Department of Treasury, shall be transferred to the broadband matching grant fund established in RSA 12-O:63. The department of business and economic affairs is authorized to transfer amounts from said coronavirus capital projects funds for other purposes allowable under federal guidelines, with prior approval of the fiscal committee of the general court and the governor and council.
2 Broadband Matching Grant Initiative; Program Guidelines; Rulemaking. Amend RSA 12-O:62, II(b) to read as follows:
(b) Establishment of a challenge process, with reasonable timelines, through which information may be provided to the state to ensure that funds are not used to build projects in served areas or areas where construction has commenced. [Projects in planning, design, or terms negotiations, and not under construction as of January 1, 2021, shall be eligible for funding] For the purposes of this subdivision, construction has commenced when a provider initiates the make-ready process or begins construction of broadband infrastructure in the project area. A provider who challenges an application’s eligibility for funding because construction has commenced shall complete construction as soon as practical and without undue delay.
3 Broadband Matching Grant Initiative Established. Amend RSA 12-O:61, III to read as follows:
III. Any broadband provider, political subdivision, or communications district formed under RSA 53-G shall be eligible for a grant of up to [50] 75 percent of the total eligible costs of a project. Projects under construction at the time of application shall be ineligible, unless the provisions of RSA 12-O:62, VIII apply. Projects in the planning stages shall be eligible.
4 Broadband Matching Grant Initiative; Program Guidelines; Cost Contribution. Amend RSA 12-O:62, VI to read as follows:
VI. The broadband provider, political subdivision, or communications district shall provide a minimum of [50] 25 percent of the total cost of the project. Sources of the match may include revenue bonds issued by the political subdivision, bonds issued by the communication district, or private investment by broadband providers either jointly or independently. Sources of the match provided by broadband providers shall not include other federal or state funding awarded specifically to support the expansion of broadband networks.
5 New Paragraph; Broadband Matching Grant Initiative; Federal Conflicts. Amend RSA 12-O:62 by inserting after paragraph VII the following new paragraph:
VIII. If the provisions of RSA 12-O:61, RSA 12-O:62, or RSA 12-O:63 conflict with the provisions of the federal funding guidance, specifically for the purposes of the broadband matching grant initiative or the broadband matching grant fund, the federal funding guidance shall control.
6 Effective Date. This act shall take effect upon its passage.
2022-1263s
AMENDED ANALYSIS
This bill transfers funding to the broadband matching grant fund and makes various changes to the broadband matching grant initiative's guidelines.