Colorado 2024 Regular Session

Colorado House Bill HB1336 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0562.02 Jennifer Berman x3286
1	8		HOUSE BILL 24-1336
2		-	~~BY REPRESENTATIVE(S) Parenti and Weinberg, Boesenecker, Kipp,~~
3		-	~~Lindsay~~, ~~Lukens, Titone,~~ ~~Bacon, Bird,~~ ~~Bradley, Brown, Duran, Joseph,~~
4		-	~~Snyder;~~
5		-	~~also SENATOR(S) Rodriguez and Priola, Bridges, Buckner, Cutter, Fields,~~
6		-	~~Jaquez Lewis,~~ ~~Michaelson Jenet.~~
	9	+	House Committees Senate Committees
	10	+	Transportation, Housing & Local Government Finance
	11	+	Finance Appropriations
	12	+	Appropriations
	13	+	A BILL FOR AN ACT
7	14		C
8		-	ONCERNING THE DEPLOYMENT OF BROADBAND THROUGH GRANTS
9		-	ADMINISTERED BY THE
10		-	COLORADO BROADBAND OFFICE , AND, IN
11		-	CONNECTION THEREWITH
12		-	, REDUCING AN APPROPRIATION.
13		-
14		-	Be it enacted by the General Assembly of the State of Colorado:
15		-	SECTION 1. In Colorado Revised Statutes, 24-34-104, repeal
16		-	(25)(a)(VI); and add (31)(a)(XII) as follows:
17		-	24-34-104. General assembly review of regulatory agencies and
18		-	functions for repeal, continuation, or reestablishment - legislative
19		-	declaration - repeal. (25) (a) The following agencies, functions, or both,
20		-	are scheduled for repeal on September 1, 2024:
21		-	(VI) The functions of the broadband deployment board created in
22		-	section 24-37.5-119;
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. (31) (a) The following agencies, functions, or both, are scheduled
31		-	for repeal on September 1, 2030:
32		-	(XII) T
33		-	HE FUNCTIONS OF THE BROADBAND OFFICE IN ADMINISTERING
34		-	THE BROADBAND DEPLOYMENT GRANT PROGRAM CREATED IN SECTION
35		-	24-37.5-905.
36		-	SECTION 2. In Colorado Revised Statutes, repeal 24-37.5-119.
37		-	SECTION 3. In Colorado Revised Statutes, add 24-37.5-905 as
38		-	follows:
39		-	24-37.5-905. Broadband deployment - grant program - high cost
40		-	support mechanism money - broadband office administrative fund -
41		-	creation - criteria - rules - reports - definitions - repeal. (1) A
42		-	S USED IN
43		-	THIS SECTION
44		-	, UNLESS THE CONTEXT OTHERWISE REQUIRES :
45		-	(a) "B
46		-	ROADBAND" HAS THE MEANING SET FORTH IN SECTION
47		-	40-15-102.
	15	+	ONCERNING THE DEPLOYMENT OF BROADBAND THROUGH GRANTS101
	16	+	ADMINISTERED BY THE COLORADO BROADBAND
	17	+	OFFICE, AND, IN102
	18	+	CONNECTION THEREWITH , REDUCING AN APPROPRIATION .103
	19	+	Bill Summary
	20	+	(Note: This summary applies to this bill as introduced and does
	21	+	not reflect any amendments that may be subsequently adopted. If this bill
	22	+	passes third reading in the house of introduction, a bill summary that
	23	+	applies to the reengrossed version of this bill will be available at
	24	+	http://leg.colorado.gov/
	25	+	.)
	26	+	Sunset Process - House Transportation, Housing, and Local
	27	+	Government Committee. The "Connect Colorado to Enhance Economic
	28	+	Development, Telehealth, Education, and Safety Act" (act), which created
	29	+	the broadband deployment board (board) in the governor's office of
	30	+	information technology and tasked the board with awarding grant money
	31	+	SENATE
	32	+	3rd Reading Unamended
	33	+	May 1, 2024
	34	+	SENATE
	35	+	Amended 2nd Reading
	36	+	April 30, 2024
	37	+	HOUSE
	38	+	3rd Reading Unamended
	39	+	April 17, 2024
	40	+	HOUSE
	41	+	Amended 2nd Reading
	42	+	April 15, 2024
	43	+	HOUSE SPONSORSHIP
	44	+	Parenti and Weinberg, Boesenecker, Kipp, Lindsay, Lukens, Titone
	45	+	SENATE SPONSORSHIP
	46	+	Rodriguez and Priola, Bridges, Buckner, Cutter, Fields, Jaquez Lewis, Michaelson Jenet
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	49	+	Dashes through the words or numbers indicate deletions from existing law. from the high cost support mechanism (HCSM) for broadband
	50	+	deployment in unserved areas of the state, is scheduled for repeal on
	51	+	September 1, 2024. The department of regulatory agencies, as part of its
	52	+	sunset process, reviewed the act and board and recommended that they be
	53	+	extended for 5 years. The bill, instead, repeals the act and board, transfers
	54	+	the function of awarding grant money from the HCSM to the Colorado
	55	+	broadband office (office), and authorizes the office to award grants for
	56	+	unserved and underserved areas of the state.
	57	+	Be it enacted by the General Assembly of the State of Colorado:1
	58	+	SECTION 1. In Colorado Revised Statutes, 24-34-104, repeal2
	59	+	(25)(a)(VI); and add (31)(a)(XI) as follows:3
	60	+	24-34-104. General assembly review of regulatory agencies4
	61	+	and functions for repeal, continuation, or reestablishment - legislative5
	62	+	declaration - repeal. (25) (a) The following agencies, functions, or both,6
	63	+	are scheduled for repeal on September 1, 2024:7
	64	+	(VI) The functions of the broadband deployment board created in8
	65	+	section 24-37.5-119;9
	66	+	(31) (a) The following agencies, functions, or both, are scheduled10
	67	+	for repeal on September 1, 2030:11
	68	+	(XI) THE FUNCTIONS OF THE BROADBAND OFFICE IN12
	69	+	ADMINISTERING THE BROADBAND DEPLOYMENT GRANT PROGRAM13
	70	+	CREATED IN SECTION 24-37.5-905.14
	71	+	SECTION 2. In Colorado Revised Statutes, repeal 24-37.5-119.15
	72	+	SECTION 3. In Colorado Revised Statutes, add 24-37.5-905 as16
	73	+	follows:17
	74	+	24-37.5-905. Broadband deployment - grant program - high18
	75	+	cost support mechanism money - broadband office administrative19
	76	+	fund - creation - criteria - rules - reports - definitions - repeal. (1) A S20
	77	+	USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :21
	78	+	1336-2- (a) "BROADBAND" HAS THE MEANING SET FORTH IN SECTION1
	79	+	40-15-102.2
48	80		(b) "B
49		-	ROADBAND NETWORK " HAS THE MEANING SET FORTH IN
50		-	SECTION
51		-	40-15-102.
	81	+	ROADBAND NETWORK " HAS THE MEANING SET FORTH IN3
	82	+	SECTION 40-15-102.4
52	83		(c) "C
53		-	OMMISSION" MEANS THE PUBLIC UTILITIES COMMISSION
54		-	CREATED IN SECTION
55		-	40-2-101.
	84	+	OMMISSION" MEANS THE PUBLIC UTILITIES COMMISSION5
	85	+	CREATED IN SECTION 40-2-101.6
56	86		(d) "HCSM"
57		-	MEANS THE HIGH COST SUPPORT MECHANISM CREATED
58		-	PURSUANT TO SECTION
59		-	40-15-208.
60		-	(e) "I
61		-	NCUMBENT PROVIDER " HAS THE MEANING SET FORTH IN
62		-	SECTION
63		-	40-15-102 (9.5).
64		-	(f) "M
65		-	IDDLE MILE INFRASTRUCTURE" HAS THE MEANING SET FORTH
66		-	IN
67		-	47 U.S.C. SEC. 1741 (a)(9), AS AMENDED.
	87	+	MEANS THE HIGH COST SUPPORT MECHANISM7
	88	+	CREATED PURSUANT TO SECTION 40-15-208.8
	89	+	(e) "INCUMBENT PROVIDER" HAS THE MEANING SET FORTH IN9
	90	+	SECTION 40-15-102 (9.5).10
	91	+	(f) "MIDDLE MILE INFRASTRUCTURE" HAS THE MEANING SET FORTH11
	92	+	IN 47 U.S.C. SEC. 1741 (a)(9), AS AMENDED.12
68	93		(2) (a) T
69		-	HE BROADBAND OFFICE SHALL ADMINISTER A BROADBAND
70		-	DEPLOYMENT GRANT PROGRAM IN ACCORDANCE WITH THIS SECTION
71		-	. THE
72		-	BROADBAND OFFICE SHALL DIRECT THE COMMISSION TO AUTHORIZE A
73		-	THIRD
74		-	-PARTY CONTRACTOR OF THE HCSM TO DISBURSE MONEY FROM THE
75		-	PAGE 2-HOUSE BILL 24-1336 HCSM FOR BROADBAND DEPLOYMENT GRANTS APPROVED BY THE
76		-	BROADBAND OFFICE
77		-	. THE COMMISSION SHALL AUTHORIZE DISBURSEMENTS
78		-	OF MONEY FROM THE
79		-	HCSM FOR BROADBAND DEPLOYMENT GRANTS ONLY
80		-	AS DIRECTED BY THE BROADBAND OFFICE
81		-	.
	94	+	HE BROADBAND OFFICE SHALL ADMINISTER A BROADBAND13
	95	+	DEPLOYMENT GRANT PROGRAM IN ACCORDANCE WITH THIS SECTION . THE14
	96	+	BROADBAND OFFICE SHALL DIRECT THE COMMISSION TO AUTHORIZE A15
	97	+	THIRD-PARTY CONTRACTOR OF THE HCSM TO DISBURSE MONEY FROM THE16
	98	+	HCSM
	99	+	FOR BROADBAND DEPLOYMENT GRANTS APPROVED BY THE17
	100	+	BROADBAND OFFICE. THE COMMISSION SHALL AUTHORIZE DISBURSEMENTS18
	101	+	OF MONEY FROM THE HCSM FOR BROADBAND DEPLOYMENT GRANTS ONLY19
	102	+	AS DIRECTED BY THE BROADBAND OFFICE .20
82	103		(b) (I) T
83		-	HE BROADBAND OFFICE MAY ALLOCATE MONEY FROM THE
84		-	HCSM FOR THE DEPLOYMENT OF BROADBAND IN UNSERVED AND
85		-	UNDERSERVED AREAS OF THE STATE PURSUANT TO THIS SECTION AND
86		-	SECTION
87		-	40-15-208 THROUGH THE USE OF THE HCSM SURCHARGE AND
88		-	SURCHARGE RATE IN EFFECT ON
89		-	JANUARY 1, 2018. IN DETERMINING THE
90		-	DEFINITION OF UNSERVED AND UNDERSERVED AREAS
91		-	, THE STANDARDS USED
92		-	BY THE BROADBAND OFFICE MUST BE CONSISTENT WITH BR OADBAND
93		-	BENCHMARK STANDARDS AND ANY REVISIONS TO THE STANDARDS
94		-	, AS
95		-	DETERMINED BY THE FEDERAL COMMUNICATIONS COMMISSION AND THE
96		-	NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION IN
97		-	THE
98		-	UNITED STATES DEPARTMENT OF COMMERCE . PURSUANT TO SECTIONS
99		-	40-15-207 AND 40-15-208, THE COMMISSION SHALL DETERMINE THE FUNDS
100		-	AVAILABLE FOR BROADBAND DEPLOYMENT FROM THE
101		-	HCSM MONEY. THE
102		-	HCSM THIRD-PARTY CONTRACTOR SHALL MAINTAIN AND HOLD THE MONEY
103		-	AVAILABLE FOR BROADBAND DEPLOYMENT IN A SEPARATE ACCOUNT FROM
104		-	THE MONEY USED FOR BASIC VOICE SERVICE
105		-	. MONEY HELD FOR BROADBAND
106		-	DEPLOYMENT MUST NOT BE DISBURSED FOR BASIC VOICE SERVICE
107		-	, AND
108		-	MONEY HELD FOR BASIC VOICE SERVICE MUST NOT BE DISBURSED FOR
109		-	BROADBAND DEPLOYMENT
110		-	.
	104	+	HE BROADBAND OFFICE MAY ALLOCATE MONEY FROM THE21
	105	+	HCSM
	106	+	FOR THE DEPLOYMENT OF BROADBAND IN UNSERVED AND22
	107	+	UNDERSERVED AREAS OF THE STATE PURSUANT TO THIS SECTION AND23
	108	+	SECTION 40-15-208 THROUGH THE USE OF THE HCSM SURCHARGE AND24
	109	+	SURCHARGE RATE IN EFFECT ON JANUARY 1, 2018. IN DETERMINING THE
	110	+	25
	111	+	DEFINITION OF UNSERVED AND UNDERSERVED AREAS , THE STANDARDS26
	112	+	USED BY THE BROADBAND OFFICE MUST BE CONSISTENT WITH BR OADBAND27
	113	+	1336
	114	+	-3- BENCHMARK STANDARDS AND ANY REVISIONS TO THE STANDARDS , AS1
	115	+	DETERMINED BY THE FEDERAL COMMUNICATIONS COMMISSION AND THE2
	116	+	NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION IN3
	117	+	THE UNITED STATES DEPARTMENT OF COMMERCE . PURSUANT TO SECTIONS4
	118	+	40-15-207
	119	+	AND 40-15-208, THE COMMISSION SHALL DETERMINE THE5
	120	+	FUNDS AVAILABLE FOR BROADB AND DEPLOYMENT FROM THE HCSM6
	121	+	MONEY. THE HCSM THIRD-PARTY CONTRACTOR SHALL MAINTAIN AND7
	122	+	HOLD THE MONEY AVAILABLE FOR BROADBAND DEPLOYMENT IN A8
	123	+	SEPARATE ACCOUNT FROM THE MONEY USED FOR BASIC VOICE SERVICE .9
	124	+	M
	125	+	ONEY HELD FOR BROADBAND DEPLOYMENT MUST NOT BE DISBURSED10
	126	+	FOR BASIC VOICE SERVICE, AND MONEY HELD FOR BASIC VOICE SERVICE11
	127	+	MUST NOT BE DISBURSED FOR BROADBAND DEPLOYMENT .12
111	128		(II) T
112		-	O MAXIMIZE THE EFFICACY OF THE GRANT PROGRAM , THE
113		-	BROADBAND OFFICE MAY USE
114		-	HCSM MONEY ALLOCATED FOR BROADBAND
115		-	DEPLOYMENT PURSUANT TO THIS SUBSECTION
116		-	(2) AND SECTION 40-15-208
117		-	IN ORDER TO CONDUCT, OR CAUSE TO BE CONDUCTED, STUDIES TO ASSESS
118		-	BROADBAND NEEDS IN THE STATE
119		-	.
120		-	(3) (a) U
121		-	P TO FIVE PERCENT OF THE MONEY ALLOCATED FROM THE
122		-	HCSM FOR BROADBAND DEPLOYMENT MAY BE USED TO COVER THE
123		-	BROADBAND OFFICE
124		-	'S DIRECT AND INDIRECT COSTS TO ADMINISTER THE
125		-	GRANT PROGRAM
126		-	, INCLUDING TO COVER STAFFING COSTS FOR THE GRANT
127		-	PROGRAM
128		-	. MONEY THAT IS ALLOCATED FOR SUCH PURPOSES IS CREDITED TO
129		-	THE BROADBAND OFFICE ADMINISTRATIVE FUND
130		-	, WHICH FUND IS CREATED
131		-	IN THE STATE TREASURY
132		-	. THE FUND CONSISTS OF ALL MONEY ALLOCATED
133		-	FROM THE
134		-	HCSM FOR THE BROADBAND OFFICE'S ADMINISTRATION OF THE
135		-	GRANT PROGRAM AND ALL MONEY THAT THE GENERAL ASSEMBLY MAY
136		-	PAGE 3-HOUSE BILL 24-1336 APPROPRIATE OR TRANSFER TO THE FUND . THE MONEY IN THE FUND IS
137		-	CONTINUOUSLY APPROPRIATED FOR THE PURPOSES SET FORTH IN THIS
138		-	SECTION
139		-	. ALL INTEREST EARNED FROM THE INVESTMENT OF MONEY IN THE
140		-	FUND IS CREDITED TO THE FUND
141		-	. ALL MONEY NOT EXPENDED AT THE END OF
142		-	A STATE FISCAL YEAR REMAINS IN THE FUND AND DOES NOT REVERT TO THE
143		-	GENERAL FUND OR ANY OTHER FUND
144		-	.
145		-	(b) E
146		-	XCEPT AS REQUIRED TO COMPLY WITH SUBSECTIONS (2)(b)(II)
147		-	AND (3)(a) OF THIS SECTION, THE BROADBAND OFFICE SHALL NOT AWARD
148		-	ITSELF MONEY FROM THE
149		-	HCSM.
	129	+	O MAXIMIZE THE EFFICACY OF THE GRANT PROGRAM , THE13
	130	+	BROADBAND OFFICE MAY USE HCSM MONEY ALLOCATED FOR14
	131	+	BROADBAND DEPLOYMENT PURSUANT TO THIS SUBSECTION (2) AND15
	132	+	SECTION 40-15-208 IN ORDER TO CONDUCT, OR CAUSE TO BE CONDUCTED,16
	133	+	STUDIES TO ASSESS BROADBAND NEEDS IN THE STATE .17
	134	+	(3)
	135	+	(a) UP TO FIVE PERCENT OF THE MONEY ALLOCATED FROM THE18
	136	+	HCSM
	137	+	FOR BROADBAND DEPLOYMENT MAY BE USED TO COVER THE19
	138	+	BROADBAND OFFICE'S DIRECT AND INDIRECT COSTS TO ADMINISTER THE20
	139	+	GRANT PROGRAM, INCLUDING TO COVER STAFFING COSTS FOR THE GRANT21
	140	+	PROGRAM. MONEY THAT IS ALLOCATED FOR SUCH PURPOSES IS CREDITED22
	141	+	TO THE BROADBAND OFFICE ADMINISTRATIVE FUND , WHICH FUND IS23
	142	+	CREATED IN THE STATE TREASURY . THE FUND CONSISTS OF ALL MONEY24
	143	+	ALLOCATED FROM THE HCSM FOR THE BROADBAND OFFICE 'S25
	144	+	ADMINISTRATION OF THE GRANT PROGRAM AND ALL MONEY THAT THE26
	145	+	GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND . THE27
	146	+	1336
	147	+	-4- MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED FOR THE PURPOSES1
	148	+	SET FORTH IN THIS SECTION . ALL INTEREST EARNED FROM THE2
	149	+	INVESTMENT OF MONEY IN THE FUND IS CREDITED TO THE FUND . ALL3
	150	+	MONEY NOT EXPENDED AT THE END OF A STATE FISCAL YEAR REMAINS IN4
	151	+	THE FUND AND DOES NOT REVERT TO THE GENERAL FUND OR ANY OTHER5
	152	+	FUND.6
	153	+	(b) EXCEPT AS REQUIRED TO COMPLY WITH SUBSECTIONS (2)(b)(II)7
	154	+	AND (3)(a) OF THIS SECTION, THE BROADBAND OFFICE SHALL NOT AWARD8
	155	+	ITSELF MONEY FROM THE HCSM.9
	156	+	(c) THE BROADBAND OFFICE SHALL PROHIBIT GRANT RECIPIENTS10
	157	+	FROM USING GRANT MONEY TO SUBSIDIZE EXPENSES ASSOCIATED WITH11
	158	+	TELECOMMUNICATIONS OPERATIONAL EXPENSES, WITH THE EXCEPTION OF12
	159	+	A ONE-TIME TECHNOLOGY AND INNOVATION EXPENSE AND REGULATORY13
	160	+	COMPLIANCE.14
	161	+	(4) O
	162	+	N OR BEFORE DECEMBER 31, 2024, THE BROADBAND OFFICE15
	163	+	SHALL ESTABLISH GRANT PROGRAM CRITERIA AND GUIDELINES FOR16
	164	+	AWARDING HCSM MONEY FOR NEW PROJECTS TO EXPAND BROADBAND17
	165	+	ACCESS AND TO INCREASE BR OADBAND AFFORDABILITY IN THE STATE ,18
	166	+	WHICH CRITERIA AND GUIDELINES MUST INCLUDE :19
	167	+	(a) T
	168	+	HE ESTABLISHMENT OF A TWO-TIERED GRANT PROGRAM THAT20
	169	+	PRIORITIZES FUNDING AS FOLLOWS:21
	170	+	(I) U
	171	+	P TO SIXTY PERCENT OF AVAILABLE GRANT MONEY MUST BE22
	172	+	USED TO FINANCE TIER ONE PROJECTS FOR MIDDLE MILE INFRASTRUCTURE ;23
	173	+	AND24
	174	+	(II) U
	175	+	P TO FORTY PERCENT OF AVAILABLE GRANT MONEY MUST BE25
	176	+	USED TO FINANCE TIER TWO PROJECTS AND OTHERWISE UNDERFUNDED26
	177	+	BROADBAND NEEDS, INCLUDING, BUT NOT LIMITED TO:27
	178	+	1336
	179	+	-5- (A) POLE REPLACEMENTS AND ATTACHMENTS , LINE EXTENSIONS,1
	180	+	LONG DROPS, NETWORK UPGRADES THAT STRENGTHEN CYBERSECURITY ,2
	181	+	AND NETWORK INFRASTRUCTURE , INCLUDING WIRELINE AND WIRELESS3
	182	+	FACILITIES SUCH AS TOWERS AND SATELLITE INFRASTRUCTURE ; AND4
	183	+	(B) D
	184	+	IGITAL EQUITY INITIATIVES TO HELP CLOSE THE DIGITAL5
	185	+	DIVIDE IN THE STATE, INCLUDING INITIATIVES FOR BASIC INTERNET6
	186	+	ACCESS, COMPUTER AND DEVICE DISTRIBUTION , DIGITAL LITERACY7
	187	+	TRAINING, AND BROADBAND WORKFORCE DEVELOPMENT TRAINING ;8
	188	+	(b) T
	189	+	HE FOLLOWING MINIMUM REQUIREMENTS FOR PROJECTS THAT9
	190	+	ARE AWARDED GRANT MONEY :10
	191	+	(I) S
	192	+	UPPORT FOR BROADBAND DEPLOYMENT IN UNSERVED OR11
	193	+	UNDERSERVED AREAS;12
	194	+	(II) S
	195	+	PEED REQUIREMENTS;13
	196	+	(III) M
	197	+	ATCHING FUNDING REQUIREMENTS ;14
	198	+	(IV) A
	199	+	PPLICANT ELIGIBILITY REQUIREMENTS;15
	200	+	(V) G
	201	+	ENERALLY ACCEPTED INDUSTRY RELIABILITY AND16
	202	+	PERFORMANCE STANDARDS ;17
	203	+	(VI) T
	204	+	IMELINES FOR COMPLETION OF A PROJECT;18
	205	+	(VII) R
	206	+	EASONABLE COST REQUIREMENTS FOR A PROJECT ;19
	207	+	(VIII) C
	208	+	OMPLIANCE STANDARDS ; AND20
	209	+	(IX) R
	210	+	EPORTING AND ACCOUNTABILITY REQUIREMENTS ; AND21
150	211		(c) T
151		-	HE BROADBAND OFFICE SHALL PROHIBIT GRANT RECIPIENTS
152		-	FROM USING GRANT MONEY TO SUBSIDIZE EXPENSES ASSOCIATED WITH
153		-	TELECOMMUNICATIONS OPERATIONAL EXPENSES
154		-	, WITH THE EXCEPTION OF
155		-	A ONE
156		-	-TIME TECHNOLOGY AND INNOVATION EXPENSE AND REGULATORY
157		-	COMPLIANCE
158		-	.
159		-	(4) O
160		-	N OR BEFORE DECEMBER 31, 2024, THE BROADBAND OFFICE
161		-	SHALL ESTABLISH GRANT PROGRAM CRITERIA AND GUIDELINES FOR
162		-	AWARDING
163		-	HCSM MONEY FOR NEW PROJECTS TO EXPAND BROADBAND
164		-	ACCESS AND TO INCREASE BR OADBAND AFFORDABILITY IN THE STATE
165		-	,
166		-	WHICH CRITERIA AND GUIDELINES MUST INCLUDE :
	212	+	HE FOLLOWING CRITERIA FOR REVIEWING AND PRIORITIZING22
	213	+	APPLICANTS' PROPOSED PROJECTS:23
	214	+	(I) T
	215	+	HE PURPOSE AND PROJECT IMPACTS;24
	216	+	(II) T
	217	+	HE GEOGRAPHIC DISTRIBUTION OF BROADBAND DEPLOYMENT ;25
	218	+	(III) B
	219	+	ROADBAND NETWORK REDUNDANCY , DIVERSITY, AND26
	220	+	LATENCY;27
	221	+	1336
	222	+	-6- (IV) BROADBAND NETWORK SPEEDS ;1
	223	+	(V) T
	224	+	HE AMOUNT OF MATCHING MONEY AVAILABLE ;2
	225	+	(VI) T
	226	+	HE COST-EFFECTIVENESS OF THE PROJECT;3
	227	+	(VII) T
	228	+	HE AMOUNT OF SUPPORT THE PROJECT WOULD PROVIDE FOR4
	229	+	LOW-INCOME HOUSEHOLDS; AND5
	230	+	(VIII) T
	231	+	HE EXTENT TO WHICH THE PROJECT WOULD SUPPORT6
	232	+	CRITICALLY UNSERVED AREAS.7
	233	+	(5) I
	234	+	N ESTABLISHING THE GRANT PROGRAM , THE BROADBAND8
	235	+	OFFICE SHALL:9
	236	+	(a) S
	237	+	OLICIT INPUT FROM THE GENERAL PUBLIC AND VARIOUS10
	238	+	STAKEHOLDERS, INCLUDING AT LEAST THE FOLLOWING GROUPS OF11
	239	+	STAKEHOLDERS:12
	240	+	(I) I
	241	+	NDUSTRY ASSOCIATIONS;13
	242	+	(II) L
	243	+	OCAL GOVERNMENTS ;14
	244	+	(III) T
	245	+	RIBAL GOVERNMENTS;15
	246	+	(IV) O
	247	+	THER STATE AGENCIES;16
	248	+	(V) F
	249	+	EDERAL AGENCIES;17
	250	+	(VI) B
	251	+	ROADBAND CONSUMERS ; AND18
	252	+	(VII) O
	253	+	THER KEY STAKEHOLDERS THAT THE BROADBAND OFFICE19
	254	+	IDENTIFIES;20
	255	+	(b) C
	256	+	REATE A WORK
	257	+	GROUP, INCLUDING THE EXTERNAL21
	258	+	STAKEHOLDERS IDENTIFIED IN SUBSECTION (5)(a) OF THIS SECTION, TO22
	259	+	HELP REVIEW GRANT APPLICATIONS AND RECOMMEND PROJECTS FOR23
	260	+	GRANT AWARDS;24
	261	+	(c) E
	262	+	STABLISH A FORMAL APPEALS PROCESS FOR GRANT25
	263	+	APPLICATIONS THAT ARE NOT AWARDED GRANTS . THE SOLE REMEDY FOR26
	264	+	AN APPLICANT THAT PREVAILS ON APPEAL IS THE FINANCING OF THE27
	265	+	1336
	266	+	-7- APPLICANT'S PROPOSED PROJECT IN THE CURRENT OR NEXT FISCAL YEAR ,1
	267	+	SUBJECT TO THE AVAILABILITY OF MONEY IN THE HCSM.2
	268	+	(d) AS PART OF A GRANT APPLICATION THAT AN APPLICANT FILES3
	269	+	OR AS PART OF AN APPEAL OF A GRANT DECISION THAT AN APPELLANT4
	270	+	FILES, REQUIRE THAT THE APPLICANT OR APPELLANT INCLUDE A SPEED5
	271	+	TEST PERFORMED:6
	272	+	(I) ON AN INCUMBENT PROVIDER'S BROADBAND NETWORK ; AND7
	273	+	(II) IN ACCORDANCE WITH INDUSTRY -STANDARD SPEED-TEST8
	274	+	PROTOCOLS IDENTIFIED BY THE FEDERAL COMMUNICATIONS COMMISSION;9
	275	+	(e) INCLUDE A FORMAL PROCESS BY WHICH THE BROADBAND10
	276	+	OFFICE, ELIGIBLE APPLICANTS, AND INCUMBENT PROVIDERS MAY11
	277	+	CHALLENGE OR APPEAL AN APPLICANT'S DATA INCLUDED IN THE12
	278	+	APPLICATION TO PREVENT THE FINANCING OF PROJECTS THAT WOULD13
	279	+	CAUSE OVERBUILD OR DUPLICATION OF FEDERAL OR OTHER STATE14
	280	+	FUNDING; AND15
	281	+	(f) ESTABLISH A PROCESS FOR ENSURING THAT PROJECTS THAT ARE16
	282	+	AWARDED GRANTS COMPLY WITH ALL STATE AND FEDERAL BROADBAND17
	283	+	DEPLOYMENT REPORTING OBLIGATIONS .18
	284	+	(6) P
	285	+	URSUANT TO SECTION 24-37.5-106 (4), THE CHIEF19
	286	+	INFORMATION OFFICER MAY PROMULGATE RULES TO IMPLEMENT THIS20
	287	+	SECTION AND SHALL SPECIFICALLY CONSIDER PROMULGATING RULES TO
	288	+	21
	289	+	IMPLEMENT SUBSECTIONS (2), (4), AND (5) OF THIS SECTION.22
	290	+	(7) T
	291	+	HE BROADBAND OFFICE MAY CONTRACT WITH A THIRD PARTY23
	292	+	TO PERFORM ADMINISTRATIVE FUNCTIONS RELATED TO ADMINISTERING24
	293	+	THE GRANT PROGRAM.25
	294	+	(8) N
	295	+	OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), ON OR26
	296	+	BEFORE JANUARY 1, 2025, AND ON OR BEFORE JANUARY 1 OF EACH YEAR27
	297	+	1336
	298	+	-8- THEREAFTER, THE BROADBAND OFFICE SHALL SUBMIT AN AN NUAL REPORT1
	299	+	TO THE JOINT BUDGET COMMITTEE AND THE JOINT TECHNOLOGY2
	300	+	COMMITTEE, OR THEIR SUCCESSOR COMMITTEES , SUMMARIZING FOR THE3
	301	+	PREVIOUS CALENDAR YEAR :4
167	302		(a) T
168		-	HE ESTABLISHMENT OF A TWO-TIERED GRANT PROGRAM THAT
169		-	PRIORITIZES FUNDING AS FOLLOWS
170		-	:
171		-	(I) U
172		-	P TO SIXTY PERCENT OF AVAILABLE GRANT MONEY MUST BE
173		-	USED TO FINANCE TIER ONE PROJECTS FOR MIDDLE MILE INFRASTRUCTURE
174		-	;
175		-	AND
176		-	(II) UP TO FORTY PERCENT OF AVAILABLE GRANT MONEY MUST BE
177		-	USED TO FINANCE TIER TWO PROJECTS AND OTHERWISE UNDERFUNDED
178		-	BROADBAND NEEDS
179		-	, INCLUDING, BUT NOT LIMITED TO:
180		-	(A) P
181		-	OLE REPLACEMENTS AND ATTACHMENTS , LINE EXTENSIONS,
182		-	LONG DROPS, NETWORK UPGRADES THAT STRENGTHEN CYBERSECURITY , AND
183		-	NETWORK INFRASTRUCTURE
184		-	, INCLUDING WIRELINE AND WIRELESS FACILITIES
185		-	SUCH AS TOWERS AND SATELLITE INFRASTRUCTURE
186		-	; AND
187		-	(B) DIGITAL EQUITY INITIATIVES TO HELP CLOSE THE DIGITAL DIVIDE
188		-	PAGE 4-HOUSE BILL 24-1336 IN THE STATE, INCLUDING INITIATIVES FOR BASIC INTERNET ACCESS ,
189		-	COMPUTER AND DEVICE DISTRIBUTION , DIGITAL LITERACY TRAINING, AND
190		-	BROADBAND WORKFORCE DEVELOPMENT TRAINING
191		-	;
192		-	(b) T
193		-	HE FOLLOWING MINIMUM REQUIREMENTS FOR PROJECTS THAT
194		-	ARE AWARDED GRANT MONEY
195		-	:
196		-	(I) S
197		-	UPPORT FOR BROADBAND DEPLOYMENT IN UNSERVED OR
198		-	UNDERSERVED AREAS
199		-	;
200		-	(II) S
201		-	PEED REQUIREMENTS;
202		-	(III) M
203		-	ATCHING FUNDING REQUIREMENTS ;
204		-	(IV) A
205		-	PPLICANT ELIGIBILITY REQUIREMENTS;
206		-	(V) G
207		-	ENERALLY ACCEPTED INDUSTRY RELIABILITY AND
208		-	PERFORMANCE STANDARDS
209		-	;
210		-	(VI) T
211		-	IMELINES FOR COMPLETION OF A PROJECT;
212		-	(VII) R
213		-	EASONABLE COST REQUIREMENTS FOR A PROJECT ;
214		-	(VIII) C
215		-	OMPLIANCE STANDARDS ; AND
216		-	(IX) REPORTING AND ACCOUNTABILITY REQUIREMENTS ; AND
217		-	(c) THE FOLLOWING CRITERIA FOR REVIEWING AND PRIORITIZING
218		-	APPLICANTS
219		-	' PROPOSED PROJECTS:
220		-	(I) T
221		-	HE PURPOSE AND PROJECT IMPACTS;
222		-	(II) T
223		-	HE GEOGRAPHIC DISTRIBUTION OF BROADBAND DEPLOYMENT ;
224		-	(III) B
225		-	ROADBAND NETWORK REDUNDANCY , DIVERSITY, AND
226		-	LATENCY
227		-	;
228		-	(IV) B
229		-	ROADBAND NETWORK SPEEDS ;
230		-	(V) T
231		-	HE AMOUNT OF MATCHING MONEY AVAILABLE ;
232		-	PAGE 5-HOUSE BILL 24-1336 (VI) THE COST-EFFECTIVENESS OF THE PROJECT;
233		-	(VII) T
234		-	HE AMOUNT OF SUPPORT THE PROJECT WOULD PROVIDE FOR
235		-	LOW
236		-	-INCOME HOUSEHOLDS; AND
237		-	(VIII) THE EXTENT TO WHICH THE PROJECT WOULD SUPPORT
238		-	CRITICALLY UNSERVED AREAS
239		-	.
240		-	(5) I
241		-	N ESTABLISHING THE GRANT PROGRAM , THE BROADBAND OFFICE
242		-	SHALL
243		-	:
244		-	(a) S
245		-	OLICIT INPUT FROM THE GENERAL PUBLIC AND VARIOUS
246		-	STAKEHOLDERS
247		-	, INCLUDING AT LEAST THE FOLLOWING GROUPS OF
248		-	STAKEHOLDERS
249		-	:
250		-	(I) I
251		-	NDUSTRY ASSOCIATIONS;
252		-	(II) L
253		-	OCAL GOVERNMENTS;
254		-	(III) T
255		-	RIBAL GOVERNMENTS;
256		-	(IV) O
257		-	THER STATE AGENCIES;
258		-	(V) F
259		-	EDERAL AGENCIES;
260		-	(VI) B
261		-	ROADBAND CONSUMERS ; AND
262		-	(VII) OTHER KEY STAKEHOLDERS THAT THE BROADBAND OFFICE
263		-	IDENTIFIES
264		-	;
265		-	(b) C
266		-	REATE A WORK GROUP , INCLUDING THE EXTERNAL
267		-	STAKEHOLDERS IDENTIFIED IN SUBSECTION
268		-	(5)(a) OF THIS SECTION, TO HELP
269		-	REVIEW GRANT APPLICATIONS AND RECOMMEND PROJECTS FOR GRANT
270		-	AWARDS
271		-	;
272		-	(c) E
273		-	STABLISH A FORMAL APPEALS PROCESS FOR GRANT
274		-	APPLICATIONS THAT ARE NOT AWARDED GRANTS
275		-	. THE SOLE REMEDY FOR AN
276		-	APPLICANT THAT PREVAILS ON APPEAL IS THE FINANCING OF THE
277		-	APPLICANT
278		-	'S PROPOSED PROJECT IN THE CURRENT OR NEXT FISCAL YEAR ,
279		-	SUBJECT TO THE AVAILABILITY OF MONEY IN THE HCSM.
280		-	PAGE 6-HOUSE BILL 24-1336 (d) AS PART OF A GRANT APPLICATION THAT AN APPLICANT FILES OR
281		-	AS PART OF AN APPEAL OF A GRANT DECISION THAT AN APPELLANT FILES
282		-	,
283		-	REQUIRE THAT THE APPLICANT OR APPELLANT INCLUDE A SPEED TEST
284		-	PERFORMED
285		-	:
286		-	(I) O
287		-	N AN INCUMBENT PROVIDER'S BROADBAND NETWORK ; AND
288		-	(II) IN ACCORDANCE WITH I NDUSTRY -STANDARD SPEED-TEST
289		-	PROTOCOLS IDENTIFIED BY THE FEDERAL COMMUNICATIONS COMMISSION
290		-	;
291		-	(e) I
292		-	NCLUDE A FORMAL PROCESS BY WHICH THE BROADBAND OFFICE ,
293		-	ELIGIBLE APPLICANTS, AND INCUMBENT PROVIDERS MAY CHALLENGE OR
294		-	APPEAL AN APPLICANT
295		-	'S DATA INCLUDED IN THE APPLICATION TO PREVENT
296		-	THE FINANCING OF PROJECTS THAT WOULD CAUSE OVERBUILD OR
297		-	DUPLICATION OF FEDERAL OR OTHER STATE FUNDING
298		-	; AND
299		-	(f) ESTABLISH A PROCESS FOR ENSURING THAT PROJECTS THAT ARE
300		-	AWARDED GRANTS COMPLY WITH ALL STATE AND FEDERAL BROADBAND
301		-	DEPLOYMENT REPORTING OBLIGATIONS
302		-	.
303		-	(6) P
304		-	URSUANT TO SECTION 24-37.5-106 (4), THE CHIEF INFORMATION
305		-	OFFICER MAY PROMULGATE RULES TO IMPLEMENT THIS SECTION AND SHALL
306		-	SPECIFICALLY CONSIDER PROMULGATING RULES TO IMPLEMENT SUBSECTIONS
307		-	(2), (4), AND (5) OF THIS SECTION.
308		-	(7) T
309		-	HE BROADBAND OFFICE MAY CONTRACT WITH A THIRD PARTY
310		-	TO PERFORM ADMINISTRATIVE FUNCTIONS RELATED TO ADMINISTERING THE
311		-	GRANT PROGRAM
312		-	.
313		-	(8) N
314		-	OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), ON OR BEFORE
315		-	JANUARY 1, 2025, AND ON OR BEFORE JANUARY 1 OF EACH YEAR
316		-	THEREAFTER
317		-	, THE BROADBAND OFFICE SHALL SUBMIT AN ANNUAL REPORT
318		-	TO THE JOINT BUDGET COMMITTEE AND THE JOINT TEC HNOLOGY COMMITTEE
319		-	,
320		-	OR THEIR SUCCESSOR COMMITTEES , SUMMARIZING FOR THE PREVIOUS
321		-	CALENDAR YEAR
322		-	:
323		-	(a) T
324		-	HE BROADBAND OFFICE'S GRANT ACTIVITIES; AND
325		-	(b) HCSM EXPENDITURES MADE FOR BROADBAND DEPLOYMENT .
326		-	PAGE 7-HOUSE BILL 24-1336 (9) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2030.
327		-	B
328		-	EFORE THE REPEAL, THIS SECTION IS SCHEDULED FOR REVIEW IN
329		-	ACCORDANCE WITH SECTION
330		-	24-34-104.
331		-	SECTION 4. In Colorado Revised Statutes, 6-26-101, amend (1)
332		-	and (3) as follows:
333		-	6-26-101. Complaints to federal trade commission - attorney
334		-	general to provide guidance. (1) The attorney general or the attorney
	303	+	HE BROADBAND OFFICE'S GRANT ACTIVITIES; AND5
	304	+	(b) HCSM
	305	+	EXPENDITURES MADE FOR BROADBAND DEPLOYMENT .6
	306	+	(9) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2030.7
	307	+	BEFORE THE REPEAL, THIS SECTION IS SCHEDULED FOR REVIEW IN8
	308	+	ACCORDANCE WITH SECTION 24-34-104.9
	309	+	SECTION 4. In Colorado Revised Statutes, 6-26-101, amend (1)10
	310	+	and (3) as follows:11
	311	+	6-26-101. Complaints to federal trade commission - attorney12
	312	+	general to provide guidance. (1) The attorney general or the attorney13
335	313		general's designee, in collaboration with the C
336		-	OLORADO ~~broadband~~
	314	+	OLORADO broadband14
337	315		deployment board
338		-	OFFICE created in section 24-37.5-119 24-37.5-903 (1),
339		-	shall develop written guidance for consumers seeking to file a complaint
340		-	with the federal trade commission to allege that an internet service provider,
341		-	as defined in section 40-15-209 (4)(b), has engaged in any practice that
342		-	violates federal law regarding interference with the open internet.
	316	+	OFFICE created in section 24-37.5-119 24-37.5-903 (1),15
	317	+	shall develop written guidance for consumers seeking to file a complaint16
	318	+	with the federal trade commission to allege that an internet service17
	319	+	provider, as defined in section 40-15-209 (4)(b), has engaged in any18
	320	+	practice that violates federal law regarding interference with the open19
	321	+	internet.20
343	322		(3) The attorney general, in collaboration with the C
344		-	OLORADO
345		-	broadband deployment board OFFICE, shall update the written guidance as
346		-	needed.
347		-	SECTION 5. In Colorado Revised Statutes, 24-37.5-106, amend
348		-	(4) as follows:
349		-	24-37.5-106. Chief information officer - duties and
350		-	responsibilities - rules. (4) The chief information officer may promulgate
351		-	as rules pursuant to article 4 of this title 24 all of the policies, procedures,
352		-	standards, specifications, guidelines, or criteria that are developed or
353		-	approved pursuant to section 24-37.5-105 (4) and
354		-	RULES to establish
355		-	accessibility standards for individuals with a disability pursuant to section
356		-	24-85-103
357		-	AND TO IMPLEMENT THE BROADBAND DEPLOYMENT GRANT
358		-	PROGRAM PURSUANT TO SECTION
359		-	24-37.5-905.
360		-	SECTION 6. In Colorado Revised Statutes, 24-72-202, repeal
361		-	(6)(b)(XV) as follows:
362		-	24-72-202. Definitions. As used in this part 2, unless the context
363		-	otherwise requires:
364		-	(6) (b) "Public records" does not include:
365		-	PAGE 8-HOUSE BILL 24-1336 (XV) Granular coverage data, as defined in and submitted to the
366		-	office of information technology pursuant to section 24-37.5-119 (9)(m);
367		-	SECTION 7. In Colorado Revised Statutes, 40-15-208, amend
368		-	(2)(a)(I)(B) as follows:
369		-	40-15-208. High cost support mechanism - Colorado high cost
370		-	administration fund - creation - purpose - operation - rules - report -
371		-	repeal. (2) (a) (I) The commission is hereby authorized to establish a
372		-	mechanism for the support of universal service, also referred to in this
373		-	section as the "high cost support mechanism", which must operate in
374		-	accordance with rules adopted by the commission. The primary purpose of
375		-	the high cost support mechanism is to provide financial assistance as a
376		-	support mechanism to:
	323	+	OLORADO21
	324	+	broadband deployment board
	325	+	OFFICE, shall update the written guidance22
	326	+	as needed.23
	327	+	SECTION 5. In Colorado Revised Statutes, 24-37.5-106, amend24
	328	+	(4) as follows:25
	329	+	24-37.5-106. Chief information officer - duties and26
	330	+	responsibilities - rules. (4) The chief information officer may27
	331	+	1336
	332	+	-9- promulgate as rules pursuant to article 4 of this title 24 all of the policies,1
	333	+	procedures, standards, specifications, guidelines, or criteria that are2
	334	+	developed or approved pursuant to section 24-37.5-105 (4) and RULES to3
	335	+	establish accessibility standards for individuals with a disability pursuant4
	336	+	to section 24-85-103 AND TO IMPLEMENT THE BROADBAND DEPLOYMENT5
	337	+	GRANT PROGRAM PURSUANT TO SECTION 24-37.5-905.6
	338	+	SECTION 6. In Colorado Revised Statutes, 24-72-202, repeal7
	339	+	(6)(b)(XV) as follows:8
	340	+	24-72-202. Definitions. As used in this part 2, unless the context9
	341	+	otherwise requires:10
	342	+	(6) (b) "Public records" does not include:11
	343	+	(XV) Granular coverage data, as defined in and submitted to the12
	344	+	office of information technology pursuant to section 24-37.5-119 (9)(m);13
	345	+	SECTION 7. In Colorado Revised Statutes, 40-15-208, amend14
	346	+	(2)(a)(I)(B) as follows:15
	347	+	40-15-208. High cost support mechanism - Colorado high cost16
	348	+	administration fund - creation - purpose - operation - rules - report17
	349	+	- repeal. (2) (a) (I) The commission is hereby authorized to establish a18
	350	+	mechanism for the support of universal service, also referred to in this19
	351	+	section as the "high cost support mechanism", which must operate in20
	352	+	accordance with rules adopted by the commission. The primary purpose21
	353	+	of the high cost support mechanism is to provide financial assistance as22
	354	+	a support mechanism to:23
377	355		(B) Provide access to broadband service in unserved
378		-	AND
379		-	UNDERSERVED
380		-	areas pursuant to this section and section 24-37.5-119
381		-	24-37.5-905 only.
382		-	SECTION 8. In Colorado Revised Statutes, 40-15-209, amend (1)
383		-	introductory portion, (2)(a), and (2)(c) as follows:
384		-	40-15-209. Net neutrality conditions for internet service
385		-	providers to receive high cost support mechanism money - definitions.
386		-	(1) Except as provided in subsection (3) of this section, an internet service
387		-	provider that is otherwise eligible to receive money through a grant from the
388		-	C
	356	+	AND24
	357	+	UNDERSERVED areas pursuant to this section and section 24-37.5-119
	358	+	25
	359	+	24-37.5-905 only.26
	360	+	SECTION 8. In Colorado Revised Statutes, 40-15-209, amend27
	361	+	1336
	362	+	-10- (1) introductory portion, (2)(a), and (2)(c) as follows:1
	363	+	40-15-209. Net neutrality conditions for internet service2
	364	+	providers to receive high cost support mechanism money -3
	365	+	definitions. (1) Except as provided in subsection (3) of this section, an4
	366	+	internet service provider that is otherwise eligible to receive money5
	367	+	through a grant from the C
389	368		OLORADO broadband deployment board
390		-	~~OFFICE pursuant to section~~
391		-	24-37.5-119 24-37.5-905 or through any state ~~fund established to help~~
392		-	finance broadband deployment is not eligible ~~to receive that money if the~~
393		-	internet service provider:
	369	+	OFFICE6
	370	+	pursuant to section 24-37.5-119 24-37.5-905 or through any state fund7
	371	+	established to help finance broadband deployment is not eligible to8
	372	+	receive that money if the internet service provider:9
394	373		(2) (a) If the commission learns from the C
395		-	OLORADO ~~broadband~~
	374	+	OLORADO broadband10
396	375		deployment board
397		-	OFFICE that a federal agency has issued a final order or
398		-	entered into a settlement or consent decree regarding, or a court of
399		-	competent jurisdiction has issued a final judgment against, an internet
400		-	service provider and that the board
401		-	OFFICE has determined from the order,
402		-	decree, or judgment that the internet service provider has engaged in
403		-	conduct specified in subsection (1) of this section, the commission shall
404		-	issue a written order to the internet service provider requiring the internet
405		-	service provider to fully refund any money that the internet service provider
406		-	PAGE 9-HOUSE BILL 24-1336 received in the twenty-four months preceding the board's OFFICE'S
407		-	determination from the high cost support mechanism pursuant to a grant
408		-	awarded by the C
	376	+	OFFICE that a federal agency has issued a final order or11
	377	+	entered into a settlement or consent decree regarding, or a court of12
	378	+	competent jurisdiction has issued a final judgment against, an internet13
	379	+	service provider and that the board OFFICE has determined from the order,14
	380	+	decree, or judgment that the internet service provider has engaged in15
	381	+	conduct specified in subsection (1) of this section, the commission shall16
	382	+	issue a written order to the internet service provider requiring the internet17
	383	+	service provider to fully refund any money that the internet service18
	384	+	provider received in the twenty-four months preceding the board's19
	385	+	OFFICE'S determination from the high cost support mechanism pursuant20
	386	+	to a grant awarded by the C
409	387		OLORADO broadband deployment board
410		-	OFFICE under
411		-	section 24-37.5-119 24-37.5-905.
412		-	(c) The third-party contractor that maintains the high cost support
413		-	mechanism shall allocate any money refunded to the high cost support
414		-	mechanism pursuant to this subsection (2) to the high cost support
415		-	mechanism account dedicated to broadband deployment, which account is
416		-	described in section 24-37.5-119 (3)
417		-	24-37.5-905.
418		-	SECTION 9. In Colorado Revised Statutes, 40-15-502, amend
419		-	(5)(a) as follows:
420		-	40-15-502. Expressions of state policy. (5) Universal service
421		-	support mechanisms. (a) In order to accomplish the goals of universal
422		-	basic service, universal access to advanced service under section
423		-	24-37.5-119
424		-	24-37.5-905, and any revision of the definition of basic service
425		-	under subsection (2) of this section, the commission shall create a system
426		-	of support mechanisms to assist in the provision of basic service and
427		-	advanced service in high-cost areas. The commission shall fund these
428		-	support mechanisms equitably and on a nondiscriminatory, competitively
429		-	neutral basis through assessments, which may include a rate element, on all
430		-	telecommunications providers in Colorado. A provider's eligibility to
431		-	receive support for basic service under the support mechanisms is
432		-	conditioned upon the provider's offering basic service throughout an entire
433		-	support area.
434		-	SECTION 10. Appropriation - adjustments to 2024 long bill.
435		-	(1) To implement this act, appropriations made in the annual general
436		-	appropriation act for the 2024-25 state fiscal year to the office of the
437		-	governor are adjusted as follows:
438		-	(a) The cash funds appropriation from various sources of cash funds
439		-	for the office of information technology for health, life, and dental is
440		-	decreased by $25,826;
441		-	(b) The cash funds appropriation from various sources of cash funds
442		-	for the office of information technology for enterprise solutions is decreased
443		-	by $254,276, and the related FTE is decreased by 2.0 FTE.
444		-	PAGE 10-HOUSE BILL 24-1336 SECTION 11. Act subject to petition - effective date. This act
445		-	takes effect September 1, 2024; except that, if a referendum petition is filed
446		-	pursuant to section 1 (3) of article V of the state constitution against this act
447		-	or an item, section, or part of this act within the ninety-day period after final
448		-	adjournment of the general assembly, then the act, item, section, or part will
449		-	not take effect unless approved by the people at the general election to be
450		-	held in November 2024 and, in such case, will take effect on the date of the
451		-	official declaration of the vote thereon by the governor.
452		-	____________________________ ____________________________
453		-	Julie McCluskie Steve Fenberg
454		-	SPEAKER OF THE HOUSE PRESIDENT OF
455		-	OF REPRESENTATIVES THE SENATE
456		-	____________________________ ____________________________
457		-	Robin Jones Cindi L. Markwell
458		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
459		-	OF REPRESENTATIVES THE SENATE
460		-	APPROVED________________________________________
461		-	(Date and Time)
462		-	_________________________________________
463		-	Jared S. Polis
464		-	GOVERNOR OF THE STATE OF COLORADO
465		-	PAGE 11-HOUSE BILL 24-1336
	388	+	21
	389	+	OFFICE under section 24-37.5-119 24-37.5-905.22
	390	+	(c) The third-party contractor that maintains the high cost support23
	391	+	mechanism shall allocate any money refunded to the high cost support24
	392	+	mechanism pursuant to this subsection (2) to the high cost support25
	393	+	mechanism account dedicated to broadband deployment, which account26
	394	+	is described in section 24-37.5-119 (3) 24-37.5-905.27
	395	+	1336
	396	+	-11- SECTION 9. In Colorado Revised Statutes, 40-15-502, amend1
	397	+	(5)(a) as follows:2
	398	+	40-15-502. Expressions of state policy. (5) Universal service3
	399	+	support mechanisms. (a) In order to accomplish the goals of universal4
	400	+	basic service, universal access to advanced service under section5
	401	+	24-37.5-119 24-37.5-905, and any revision of the definition of basic6
	402	+	service under subsection (2) of this section, the commission shall create7
	403	+	a system of support mechanisms to assist in the provision of basic service8
	404	+	and advanced service in high-cost areas. The commission shall fund these9
	405	+	support mechanisms equitably and on a nondiscriminatory, competitively10
	406	+	neutral basis through assessments, which may include a rate element, on11
	407	+	all telecommunications providers in Colorado. A provider's eligibility to12
	408	+	receive support for basic service under the support mechanisms is13
	409	+	conditioned upon the provider's offering basic service throughout an14
	410	+	entire support area.15
	411	+	SECTION 10. Appropriation - adjustments to 2024 long bill.16
	412	+	(1) To implement this act, appropriations made in the annual general17
	413	+	appropriation act for the 2024-25 state fiscal year to the office of the18
	414	+	governor are adjusted as follows:19
	415	+	(a) The cash funds appropriation from various sources of cash20
	416	+	funds for the office of information technology for health, life, and dental21
	417	+	is decreased by $25,826;22
	418	+	(b) The cash funds appropriation from various sources of cash23
	419	+	funds for the office of information technology for enterprise solutions is24
	420	+	decreased by $254,276, and the related FTE is decreased by 2.0 FTE.25
	421	+	26
	422	+	SECTION 11. Act subject to petition - effective date. This act27
	423	+	1336
	424	+	-12- takes effect September 1, 2024; except that, if a referendum petition is1
	425	+	filed pursuant to section 1 (3) of article V of the state constitution against2
	426	+	this act or an item, section, or part of this act within the ninety-day period3
	427	+	after final adjournment of the general assembly, then the act, item,4
	428	+	section, or part will not take effect unless approved by the people at the5
	429	+	general election to be held in November 2024 and, in such case, will take6
	430	+	effect on the date of the official declaration of the vote thereon by the7
	431	+	governor.8
	432	+	1336
	433	+	-13-