Amended IN Assembly March 09, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 662Introduced by Assembly Member Boerner HorvathFebruary 09, 2023An act to add Part 5.5 (commencing with Section 3265) to Division 1 of the Public Utilities Code, relating to communications. LEGISLATIVE COUNSEL'S DIGESTAB 662, as amended, Boerner Horvath. Communications: broadband. Federal Broadband Equity, Access, and Deployment Program funds: administration.Existing law vests the Public Utilities Commission with regulatory authority over public utilities. Pursuant to its existing authority, the commission supervises administration of the states telecommunications universal service programs, including, among others, the California Advanced Services Fund (CASF). Existing law requires the commission to develop, implement, and administer the CASF program to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies. Existing law requires the commission to establish specified accounts within the CASF, including, among other accounts, the Broadband Infrastructure Grant Account and the Federal Funding Account.This bill would require the commission, in administering federal Broadband Equity, Access, and Deployment Program funds pursuant to the federal Infrastructure Investment and Jobs Act, to use processes and procedures that are consistent with guidelines adopted by the National Telecommunications and Information Administration for the use of the program funds. The bill would prohibit the commission from imposing any additional rules, processes, procedures, prohibitions, funding prioritizations, or eligibility criteria on any applicant that are not consistent with or explicitly required by the federal guidelines. The bill would require the commission, in exercising any discretion in adopting rules, processes, and procedures to administer program funds, to aim to adopt rules, processes, and procedures that, among other things, use the most robust, granular, and accurate broadband availability data. The bill would authorize the commission to require applicants to commit to affordability requirements that are consistent with and do not exceed affordability requirements set by the commission for similar programs as of the enactment of the bill.Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because a violation of an order or decision of the commission implementing this bills requirements would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law vests the Public Utilities Commission with regulatory authority over public utilities. Pursuant to its existing authority, the commission supervises administration of the states telecommunications universal service programs, including, among others, the California Advanced Services Fund (CASF). Existing law requires the commission to develop, implement, and administer the CASF program to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies. Existing law requires the commission to establish specified accounts within the CASF, including, among other accounts, the Broadband Infrastructure Grant Account and the Broadband Adoption Account.This bill would state the intent of the Legislature to enact subsequent legislation related to broadband communications.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Part 5.5 (commencing with Section 3265) is added to Division 1 of the Public Utilities Code, to read:PART 5.5. Broadband Communications3265. (a) As used in this section, the following definitions apply:(1) Federal guidelines means guidelines adopted by the National Telecommunications and Information Administration for the use of program funds.(2) Program funds means federal Broadband Equity, Access, and Deployment Program funds.(b) In administering program funds pursuant to the federal Infrastructure Investment and Jobs Act (Public Law 117-58), the commission shall use processes and procedures that are consistent with federal guidelines.(c) The commission shall not impose any additional rules, processes, procedures, prohibitions, funding prioritizations, or eligibility criteria on any applicant that are not consistent with or explicitly required by the federal guidelines.(d) In exercising any discretion in adopting rules, processes, and procedures to administer program funds, the commission shall aim to adopt rules, processes, and procedures that do all of the following:(1) Simplify the application process and minimize the levels of additional review for applications that otherwise meet the minimum financial, technological, and other requirements of the federal guidelines.(2) Maximize the availability of federal funds available to California.(3) Use the most robust, granular, and accurate broadband availability data.(e) Notwithstanding subdivision (c), the commission may require applicants to commit to affordability requirements that are consistent with and do not exceed existing affordability requirements set by the commission for similar programs as of the enactment of this section.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.It is the intent of the Legislature to enact subsequent legislation related to broadband communications.
Amended IN Assembly March 09, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 662Introduced by Assembly Member Boerner HorvathFebruary 09, 2023An act to add Part 5.5 (commencing with Section 3265) to Division 1 of the Public Utilities Code, relating to communications. LEGISLATIVE COUNSEL'S DIGESTAB 662, as amended, Boerner Horvath. Communications: broadband. Federal Broadband Equity, Access, and Deployment Program funds: administration.Existing law vests the Public Utilities Commission with regulatory authority over public utilities. Pursuant to its existing authority, the commission supervises administration of the states telecommunications universal service programs, including, among others, the California Advanced Services Fund (CASF). Existing law requires the commission to develop, implement, and administer the CASF program to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies. Existing law requires the commission to establish specified accounts within the CASF, including, among other accounts, the Broadband Infrastructure Grant Account and the Federal Funding Account.This bill would require the commission, in administering federal Broadband Equity, Access, and Deployment Program funds pursuant to the federal Infrastructure Investment and Jobs Act, to use processes and procedures that are consistent with guidelines adopted by the National Telecommunications and Information Administration for the use of the program funds. The bill would prohibit the commission from imposing any additional rules, processes, procedures, prohibitions, funding prioritizations, or eligibility criteria on any applicant that are not consistent with or explicitly required by the federal guidelines. The bill would require the commission, in exercising any discretion in adopting rules, processes, and procedures to administer program funds, to aim to adopt rules, processes, and procedures that, among other things, use the most robust, granular, and accurate broadband availability data. The bill would authorize the commission to require applicants to commit to affordability requirements that are consistent with and do not exceed affordability requirements set by the commission for similar programs as of the enactment of the bill.Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because a violation of an order or decision of the commission implementing this bills requirements would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law vests the Public Utilities Commission with regulatory authority over public utilities. Pursuant to its existing authority, the commission supervises administration of the states telecommunications universal service programs, including, among others, the California Advanced Services Fund (CASF). Existing law requires the commission to develop, implement, and administer the CASF program to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies. Existing law requires the commission to establish specified accounts within the CASF, including, among other accounts, the Broadband Infrastructure Grant Account and the Broadband Adoption Account.This bill would state the intent of the Legislature to enact subsequent legislation related to broadband communications.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Assembly March 09, 2023
Amended IN Assembly March 09, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 662
Introduced by Assembly Member Boerner HorvathFebruary 09, 2023
Introduced by Assembly Member Boerner Horvath
February 09, 2023
An act to add Part 5.5 (commencing with Section 3265) to Division 1 of the Public Utilities Code, relating to communications.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 662, as amended, Boerner Horvath. Communications: broadband. Federal Broadband Equity, Access, and Deployment Program funds: administration.
Existing law vests the Public Utilities Commission with regulatory authority over public utilities. Pursuant to its existing authority, the commission supervises administration of the states telecommunications universal service programs, including, among others, the California Advanced Services Fund (CASF). Existing law requires the commission to develop, implement, and administer the CASF program to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies. Existing law requires the commission to establish specified accounts within the CASF, including, among other accounts, the Broadband Infrastructure Grant Account and the Federal Funding Account.This bill would require the commission, in administering federal Broadband Equity, Access, and Deployment Program funds pursuant to the federal Infrastructure Investment and Jobs Act, to use processes and procedures that are consistent with guidelines adopted by the National Telecommunications and Information Administration for the use of the program funds. The bill would prohibit the commission from imposing any additional rules, processes, procedures, prohibitions, funding prioritizations, or eligibility criteria on any applicant that are not consistent with or explicitly required by the federal guidelines. The bill would require the commission, in exercising any discretion in adopting rules, processes, and procedures to administer program funds, to aim to adopt rules, processes, and procedures that, among other things, use the most robust, granular, and accurate broadband availability data. The bill would authorize the commission to require applicants to commit to affordability requirements that are consistent with and do not exceed affordability requirements set by the commission for similar programs as of the enactment of the bill.Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because a violation of an order or decision of the commission implementing this bills requirements would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law vests the Public Utilities Commission with regulatory authority over public utilities. Pursuant to its existing authority, the commission supervises administration of the states telecommunications universal service programs, including, among others, the California Advanced Services Fund (CASF). Existing law requires the commission to develop, implement, and administer the CASF program to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies. Existing law requires the commission to establish specified accounts within the CASF, including, among other accounts, the Broadband Infrastructure Grant Account and the Broadband Adoption Account.This bill would state the intent of the Legislature to enact subsequent legislation related to broadband communications.
Existing law vests the Public Utilities Commission with regulatory authority over public utilities. Pursuant to its existing authority, the commission supervises administration of the states telecommunications universal service programs, including, among others, the California Advanced Services Fund (CASF). Existing law requires the commission to develop, implement, and administer the CASF program to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies. Existing law requires the commission to establish specified accounts within the CASF, including, among other accounts, the Broadband Infrastructure Grant Account and the Federal Funding Account.
This bill would require the commission, in administering federal Broadband Equity, Access, and Deployment Program funds pursuant to the federal Infrastructure Investment and Jobs Act, to use processes and procedures that are consistent with guidelines adopted by the National Telecommunications and Information Administration for the use of the program funds. The bill would prohibit the commission from imposing any additional rules, processes, procedures, prohibitions, funding prioritizations, or eligibility criteria on any applicant that are not consistent with or explicitly required by the federal guidelines. The bill would require the commission, in exercising any discretion in adopting rules, processes, and procedures to administer program funds, to aim to adopt rules, processes, and procedures that, among other things, use the most robust, granular, and accurate broadband availability data. The bill would authorize the commission to require applicants to commit to affordability requirements that are consistent with and do not exceed affordability requirements set by the commission for similar programs as of the enactment of the bill.
Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because a violation of an order or decision of the commission implementing this bills requirements would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law vests the Public Utilities Commission with regulatory authority over public utilities. Pursuant to its existing authority, the commission supervises administration of the states telecommunications universal service programs, including, among others, the California Advanced Services Fund (CASF). Existing law requires the commission to develop, implement, and administer the CASF program to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies. Existing law requires the commission to establish specified accounts within the CASF, including, among other accounts, the Broadband Infrastructure Grant Account and the Broadband Adoption Account.
This bill would state the intent of the Legislature to enact subsequent legislation related to broadband communications.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Part 5.5 (commencing with Section 3265) is added to Division 1 of the Public Utilities Code, to read:PART 5.5. Broadband Communications3265. (a) As used in this section, the following definitions apply:(1) Federal guidelines means guidelines adopted by the National Telecommunications and Information Administration for the use of program funds.(2) Program funds means federal Broadband Equity, Access, and Deployment Program funds.(b) In administering program funds pursuant to the federal Infrastructure Investment and Jobs Act (Public Law 117-58), the commission shall use processes and procedures that are consistent with federal guidelines.(c) The commission shall not impose any additional rules, processes, procedures, prohibitions, funding prioritizations, or eligibility criteria on any applicant that are not consistent with or explicitly required by the federal guidelines.(d) In exercising any discretion in adopting rules, processes, and procedures to administer program funds, the commission shall aim to adopt rules, processes, and procedures that do all of the following:(1) Simplify the application process and minimize the levels of additional review for applications that otherwise meet the minimum financial, technological, and other requirements of the federal guidelines.(2) Maximize the availability of federal funds available to California.(3) Use the most robust, granular, and accurate broadband availability data.(e) Notwithstanding subdivision (c), the commission may require applicants to commit to affordability requirements that are consistent with and do not exceed existing affordability requirements set by the commission for similar programs as of the enactment of this section.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.It is the intent of the Legislature to enact subsequent legislation related to broadband communications.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Part 5.5 (commencing with Section 3265) is added to Division 1 of the Public Utilities Code, to read:PART 5.5. Broadband Communications3265. (a) As used in this section, the following definitions apply:(1) Federal guidelines means guidelines adopted by the National Telecommunications and Information Administration for the use of program funds.(2) Program funds means federal Broadband Equity, Access, and Deployment Program funds.(b) In administering program funds pursuant to the federal Infrastructure Investment and Jobs Act (Public Law 117-58), the commission shall use processes and procedures that are consistent with federal guidelines.(c) The commission shall not impose any additional rules, processes, procedures, prohibitions, funding prioritizations, or eligibility criteria on any applicant that are not consistent with or explicitly required by the federal guidelines.(d) In exercising any discretion in adopting rules, processes, and procedures to administer program funds, the commission shall aim to adopt rules, processes, and procedures that do all of the following:(1) Simplify the application process and minimize the levels of additional review for applications that otherwise meet the minimum financial, technological, and other requirements of the federal guidelines.(2) Maximize the availability of federal funds available to California.(3) Use the most robust, granular, and accurate broadband availability data.(e) Notwithstanding subdivision (c), the commission may require applicants to commit to affordability requirements that are consistent with and do not exceed existing affordability requirements set by the commission for similar programs as of the enactment of this section.
SECTION 1. Part 5.5 (commencing with Section 3265) is added to Division 1 of the Public Utilities Code, to read:
### SECTION 1.
PART 5.5. Broadband Communications3265. (a) As used in this section, the following definitions apply:(1) Federal guidelines means guidelines adopted by the National Telecommunications and Information Administration for the use of program funds.(2) Program funds means federal Broadband Equity, Access, and Deployment Program funds.(b) In administering program funds pursuant to the federal Infrastructure Investment and Jobs Act (Public Law 117-58), the commission shall use processes and procedures that are consistent with federal guidelines.(c) The commission shall not impose any additional rules, processes, procedures, prohibitions, funding prioritizations, or eligibility criteria on any applicant that are not consistent with or explicitly required by the federal guidelines.(d) In exercising any discretion in adopting rules, processes, and procedures to administer program funds, the commission shall aim to adopt rules, processes, and procedures that do all of the following:(1) Simplify the application process and minimize the levels of additional review for applications that otherwise meet the minimum financial, technological, and other requirements of the federal guidelines.(2) Maximize the availability of federal funds available to California.(3) Use the most robust, granular, and accurate broadband availability data.(e) Notwithstanding subdivision (c), the commission may require applicants to commit to affordability requirements that are consistent with and do not exceed existing affordability requirements set by the commission for similar programs as of the enactment of this section.
PART 5.5. Broadband Communications3265. (a) As used in this section, the following definitions apply:(1) Federal guidelines means guidelines adopted by the National Telecommunications and Information Administration for the use of program funds.(2) Program funds means federal Broadband Equity, Access, and Deployment Program funds.(b) In administering program funds pursuant to the federal Infrastructure Investment and Jobs Act (Public Law 117-58), the commission shall use processes and procedures that are consistent with federal guidelines.(c) The commission shall not impose any additional rules, processes, procedures, prohibitions, funding prioritizations, or eligibility criteria on any applicant that are not consistent with or explicitly required by the federal guidelines.(d) In exercising any discretion in adopting rules, processes, and procedures to administer program funds, the commission shall aim to adopt rules, processes, and procedures that do all of the following:(1) Simplify the application process and minimize the levels of additional review for applications that otherwise meet the minimum financial, technological, and other requirements of the federal guidelines.(2) Maximize the availability of federal funds available to California.(3) Use the most robust, granular, and accurate broadband availability data.(e) Notwithstanding subdivision (c), the commission may require applicants to commit to affordability requirements that are consistent with and do not exceed existing affordability requirements set by the commission for similar programs as of the enactment of this section.
PART 5.5. Broadband Communications
PART 5.5. Broadband Communications
3265. (a) As used in this section, the following definitions apply:(1) Federal guidelines means guidelines adopted by the National Telecommunications and Information Administration for the use of program funds.(2) Program funds means federal Broadband Equity, Access, and Deployment Program funds.(b) In administering program funds pursuant to the federal Infrastructure Investment and Jobs Act (Public Law 117-58), the commission shall use processes and procedures that are consistent with federal guidelines.(c) The commission shall not impose any additional rules, processes, procedures, prohibitions, funding prioritizations, or eligibility criteria on any applicant that are not consistent with or explicitly required by the federal guidelines.(d) In exercising any discretion in adopting rules, processes, and procedures to administer program funds, the commission shall aim to adopt rules, processes, and procedures that do all of the following:(1) Simplify the application process and minimize the levels of additional review for applications that otherwise meet the minimum financial, technological, and other requirements of the federal guidelines.(2) Maximize the availability of federal funds available to California.(3) Use the most robust, granular, and accurate broadband availability data.(e) Notwithstanding subdivision (c), the commission may require applicants to commit to affordability requirements that are consistent with and do not exceed existing affordability requirements set by the commission for similar programs as of the enactment of this section.
3265. (a) As used in this section, the following definitions apply:
(1) Federal guidelines means guidelines adopted by the National Telecommunications and Information Administration for the use of program funds.
(2) Program funds means federal Broadband Equity, Access, and Deployment Program funds.
(b) In administering program funds pursuant to the federal Infrastructure Investment and Jobs Act (Public Law 117-58), the commission shall use processes and procedures that are consistent with federal guidelines.
(c) The commission shall not impose any additional rules, processes, procedures, prohibitions, funding prioritizations, or eligibility criteria on any applicant that are not consistent with or explicitly required by the federal guidelines.
(d) In exercising any discretion in adopting rules, processes, and procedures to administer program funds, the commission shall aim to adopt rules, processes, and procedures that do all of the following:
(1) Simplify the application process and minimize the levels of additional review for applications that otherwise meet the minimum financial, technological, and other requirements of the federal guidelines.
(2) Maximize the availability of federal funds available to California.
(3) Use the most robust, granular, and accurate broadband availability data.
(e) Notwithstanding subdivision (c), the commission may require applicants to commit to affordability requirements that are consistent with and do not exceed existing affordability requirements set by the commission for similar programs as of the enactment of this section.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 2.
It is the intent of the Legislature to enact subsequent legislation related to broadband communications.