Indiana 2024 Regular Session

Indiana House Bill HB1277 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1277.1
	2	+	February 23, 2024
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1277
	5	+	_____
	6	+	DIGEST OF HB 1277 (Updated February 22, 2024 11:52 am - DI 119)
	7	+	Citations Affected: IC 4-4.
	8	+	Synopsis: State administration of federal BEAD program. Specifies
	9	+	that the existing Indiana statute concerning the awarding of grants by
	10	+	the office of community and rural affairs for certain eligible broadband
	11	+	projects does not apply to subgrants awarded by the Indiana broadband
	12	+	office (office) under the federal Broadband Equity, Access, and
	13	+	Deployment (BEAD) Program (program). Establishes a new Indiana
	14	+	(Continued next page)
	15	+	Effective: Upon passage.
	16	+	Soliday, Zimmerman, Pierce M,
	17	+	Hall
	18	+	(SENATE SPONSOR — KOCH)
	19	+	January 9, 2024, read first time and referred to Committee on Utilities, Energy and
	20	+	Telecommunications.
	21	+	January 18, 2024, amended, reported — Do Pass.
	22	+	January 22, 2024, read second time, ordered engrossed. Engrossed.
	23	+	January 23, 2024, read third time, passed. Yeas 94, nays 0.
	24	+	SENATE ACTION
	25	+	February 5, 2024, read first time and referred to Committee on Utilities.
	26	+	February 22, 2024, amended, reported favorably — Do Pass.
	27	+	EH 1277—LS 6583/DI 101 Digest Continued
	28	+	Code chapter governing the administration of the program by the
	29	+	office. Requires the office to administer the program in Indiana in
	30	+	compliance with all mandatory provisions set forth in: (1) the federal
	31	+	Infrastructure Investment and Jobs Act (Act); and (2) the BEAD Notice
	32	+	of Funding Opportunity (BEAD NOFO); with respect to the program.
	33	+	Provides that before awarding a subgrant to an eligible broadband
	34	+	service provider during any round of funding under the program, the
	35	+	office shall submit to the budget committee for review the proposed
	36	+	amount and terms of the subgrant. Provides that in awarding subgrants
	37	+	for the deployment of a broadband network using program funds, the
	38	+	office may not exclude cooperatives, nonprofit organizations,
	39	+	public-private partnerships, private companies, public or private
	40	+	utilities, public utility districts, or local governments from eligibility for
	41	+	those funds, as set forth in the Act. Provides that the final proposal
	42	+	submitted by the office to the National Telecommunications
	43	+	Information Administration (NTIA) with respect to the program must
	44	+	include the specifications for the required low cost broadband service
	45	+	option that are set forth in the office's initial proposal, as submitted to
	46	+	and approved by NTIA.
	47	+	EH 1277—LS 6583/DI 101EH 1277—LS 6583/DI 101 February 23, 2024
1	48		Second Regular Session of the 123rd General Assembly (2024)
2	49		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	50		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	51		additions will appear in this style type, and deletions will appear in this style type.
5	52		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	53		provision adopted), the text of the new provision will appear in this style type. Also, the
7	54		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	55		a new provision to the Indiana Code or the Indiana Constitution.
9	56		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	57		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1277
12		-	AN ACT to amend the Indiana Code concerning state offices and
13		-	administration.
	58	+	ENGROSSED
	59	+	HOUSE BILL No. 1277
	60	+	A BILL FOR AN ACT to amend the Indiana Code concerning state
	61	+	offices and administration.
14	62		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 4-4-38.5-1, AS ADDED BY P.L.189-2019,
16		-	SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17		-	UPON PASSAGE]: Sec. 1. (a) This chapter applies to grants awarded
18		-	from the fund after July 31, 2019.
19		-	(b) This chapter does not apply to subgrants awarded by the
20		-	Indiana broadband office under the federal Broadband Equity,
21		-	Access, and Deployment Program established under 47 U.S.C.
22		-	1702(b).
23		-	SECTION 2. IC 4-4-38.5-11, AS AMENDED BY P.L.158-2021,
24		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25		-	UPON PASSAGE]: Sec. 11. (a) The rural broadband fund is
26		-	established for the purpose of:
27		-	(1) awarding grants under:
28		-	(A) this chapter after July 31, 2019; and
29		-	(B) IC 4-4-38 before August 1, 2019;
30		-	(2) providing financial assistance under the program established
31		-	by the office under section 10.5 of this chapter for expenses
32		-	described in section 10.5(b) of this chapter incurred before July
33		-	1, 2025;
34		-	(3) providing funding for the creation and annual maintenance of
35		-	the public broadband portal created and administered by the
36		-	HEA 1277 — Concur 2
37		-	office under IC 4-4-41-8; and
38		-	(4) awarding grants under the Indiana broadband connectivity
39		-	program under IC 4-4-41.
40		-	(b) The office shall administer the fund.
41		-	(c) The fund consists of:
42		-	(1) money appropriated by the general assembly;
43		-	(2) money received by the office from federal grants or programs
44		-	for broadband infrastructure, other than money received by the
45		-	state under the federal Broadband Equity, Access, and
46		-	Deployment Program established under 47 U.S.C. 1702(b);
47		-	and
48		-	(3) donations, gifts, and money received from any other source,
49		-	including transfers from other funds or accounts.
50		-	(d) The treasurer of state shall invest the money in the fund not
51		-	currently needed to meet the obligations of the fund in the same
52		-	manner as other public funds may be invested.
53		-	(e) Money in the fund at the end of a state fiscal year does not revert
54		-	to the state general fund but remains in the fund to be used exclusively
55		-	for the purposes of this chapter and IC 4-4-38.
56		-	SECTION 3. IC 4-4-38.6 IS ADDED TO THE INDIANA CODE
57		-	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
58		-	UPON PASSAGE]:
59		-	Chapter 38.6. State Administration of Federal Broadband
60		-	Equity, Access, and Deployment Program
61		-	Sec. 1. As used in this chapter, "act" refers to the federal
62		-	Infrastructure Investment and Jobs Act (P.L. 117-58), including
63		-	regulations and guidance issued under that act.
64		-	Sec. 2. (a) As used in this chapter, "BEAD NOFO" refers to the
65		-	Notice of Funding Opportunity for the federal Broadband Equity,
66		-	Access, and Deployment Program, as issued by NTIA on May 12,
67		-	2022, pursuant to 47 U.S.C. 1702(e)(1)(A)(i).
68		-	(b) The term includes any additional guidance issued by NTIA
69		-	with respect to the program after the issuance of the notice
70		-	described in subsection (a).
71		-	Sec. 3. As used in this chapter, "final proposal" refers to the
72		-	office's final proposal (as described in 47 U.S.C. 1702(e)(4))
73		-	submitted to NTIA.
74		-	Sec. 4. As used in this chapter, "initial proposal" refers to the
75		-	office's initial proposal (as described in 47 U.S.C. 1702(e)(3))
76		-	submitted to and approved by NTIA.
77		-	Sec. 5. As used in this chapter, "NTIA" refers to the National
78		-	Telecommunications Information Administration, United States
79		-	HEA 1277 — Concur 3
80		-	Department of Commerce.
81		-	Sec. 6. As used in this chapter, "office" refers to the Indiana
82		-	broadband office in its capacity as an eligible entity (as defined in
83		-	47 U.S.C. 1702(a)(2)(F)) under the act.
84		-	Sec. 7. As used in this chapter, "program" refers to the federal
85		-	Broadband Equity, Access, and Deployment Program established
86		-	under 47 U.S.C. 1702(b).
87		-	Sec. 8. As used in this chapter, "subgrantee" has the meaning
88		-	set forth in 47 U.S.C. 1702(a)(2)(N).
89		-	Sec. 9. (a) Subject to subsection (b), and to the extent not
90		-	preempted by federal law, the office shall administer the program
91		-	in Indiana in compliance with the following:
92		-	(1) All mandatory provisions set forth in the act with respect
93		-	to the program.
94		-	(2) All mandatory provisions set forth in the BEAD NOFO
95		-	with respect to the program.
96		-	(3) Before awarding a subgrant to an eligible broadband
97		-	service provider during any round of funding under the
98		-	program, the office shall submit to the budget committee for
99		-	review the proposed amount and terms of the subgrant.
100		-	(4) In awarding subgrants for the deployment of a broadband
101		-	network using program funds, the office may not exclude
102		-	cooperatives, nonprofit organizations, public-private
103		-	partnerships, private companies, public or private utilities,
104		-	public utility districts, or local governments from eligibility
105		-	for those funds, as set forth in 47 U.S.C. 1702(h)(1)(A)(iii).
106		-	(b) The final proposal submitted by the office to NTIA must
107		-	include the specifications for the required low cost broadband
108		-	service option that are set forth in the office's initial proposal, as
109		-	submitted to and approved by NTIA.
110		-	Sec. 10. To the extent that this chapter conflicts with a provision
111		-	of any other Indiana law, this chapter prevails.
112		-	SECTION 4. An emergency is declared for this act.
113		-	HEA 1277 — Concur Speaker of the House of Representatives
114		-	President of the Senate
115		-	President Pro Tempore
116		-	Governor of the State of Indiana
117		-	Date: Time:
118		-	HEA 1277 — Concur
	63	+	1 SECTION 1. IC 4-4-38.5-1, AS ADDED BY P.L.189-2019,
	64	+	2 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	65	+	3 UPON PASSAGE]: Sec. 1. (a) This chapter applies to grants awarded
	66	+	4 from the fund after July 31, 2019.
	67	+	5 (b) This chapter does not apply to subgrants awarded by the
	68	+	6 Indiana broadband office under the federal Broadband Equity,
	69	+	7 Access, and Deployment Program established under 47 U.S.C.
	70	+	8 1702(b).
	71	+	9 SECTION 2. IC 4-4-38.5-11, AS AMENDED BY P.L.158-2021,
	72	+	10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	73	+	11 UPON PASSAGE]: Sec. 11. (a) The rural broadband fund is
	74	+	12 established for the purpose of:
	75	+	13 (1) awarding grants under:
	76	+	14 (A) this chapter after July 31, 2019; and
	77	+	15 (B) IC 4-4-38 before August 1, 2019;
	78	+	16 (2) providing financial assistance under the program established
	79	+	17 by the office under section 10.5 of this chapter for expenses
	80	+	EH 1277—LS 6583/DI 101 2
	81	+	1 described in section 10.5(b) of this chapter incurred before July
	82	+	2 1, 2025;
	83	+	3 (3) providing funding for the creation and annual maintenance of
	84	+	4 the public broadband portal created and administered by the
	85	+	5 office under IC 4-4-41-8; and
	86	+	6 (4) awarding grants under the Indiana broadband connectivity
	87	+	7 program under IC 4-4-41.
	88	+	8 (b) The office shall administer the fund.
	89	+	9 (c) The fund consists of:
	90	+	10 (1) money appropriated by the general assembly;
	91	+	11 (2) money received by the office from federal grants or programs
	92	+	12 for broadband infrastructure, other than money received by the
	93	+	13 state under the federal Broadband Equity, Access, and
	94	+	14 Deployment Program established under 47 U.S.C. 1702(b);
	95	+	15 and
	96	+	16 (3) donations, gifts, and money received from any other source,
	97	+	17 including transfers from other funds or accounts.
	98	+	18 (d) The treasurer of state shall invest the money in the fund not
	99	+	19 currently needed to meet the obligations of the fund in the same
	100	+	20 manner as other public funds may be invested.
	101	+	21 (e) Money in the fund at the end of a state fiscal year does not revert
	102	+	22 to the state general fund but remains in the fund to be used exclusively
	103	+	23 for the purposes of this chapter and IC 4-4-38.
	104	+	24 SECTION 3. IC 4-4-38.6 IS ADDED TO THE INDIANA CODE
	105	+	25 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	106	+	26 UPON PASSAGE]:
	107	+	27 Chapter 38.6. State Administration of Federal Broadband
	108	+	28 Equity, Access, and Deployment Program
	109	+	29 Sec. 1. As used in this chapter, "act" refers to the federal
	110	+	30 Infrastructure Investment and Jobs Act (P.L. 117-58), including
	111	+	31 regulations and guidance issued under that act.
	112	+	32 Sec. 2. (a) As used in this chapter, "BEAD NOFO" refers to the
	113	+	33 Notice of Funding Opportunity for the federal Broadband Equity,
	114	+	34 Access, and Deployment Program, as issued by NTIA on May 12,
	115	+	35 2022, pursuant to 47 U.S.C. 1702(e)(1)(A)(i).
	116	+	36 (b) The term includes any additional guidance issued by NTIA
	117	+	37 with respect to the program after the issuance of the notice
	118	+	38 described in subsection (a).
	119	+	39 Sec. 3. As used in this chapter, "final proposal" refers to the
	120	+	40 office's final proposal (as described in 47 U.S.C. 1702(e)(4))
	121	+	41 submitted to NTIA.
	122	+	42 Sec. 4. As used in this chapter, "initial proposal" refers to the
	123	+	EH 1277—LS 6583/DI 101 3
	124	+	1 office's initial proposal (as described in 47 U.S.C. 1702(e)(3))
	125	+	2 submitted to and approved by NTIA.
	126	+	3 Sec. 5. As used in this chapter, "NTIA" refers to the National
	127	+	4 Telecommunications Information Administration, United States
	128	+	5 Department of Commerce.
	129	+	6 Sec. 6. As used in this chapter, "office" refers to the Indiana
	130	+	7 broadband office in its capacity as an eligible entity (as defined in
	131	+	8 47 U.S.C. 1702(a)(2)(F)) under the act.
	132	+	9 Sec. 7. As used in this chapter, "program" refers to the federal
	133	+	10 Broadband Equity, Access, and Deployment Program established
	134	+	11 under 47 U.S.C. 1702(b).
	135	+	12 Sec. 8. As used in this chapter, "subgrantee" has the meaning
	136	+	13 set forth in 47 U.S.C. 1702(a)(2)(N).
	137	+	14 Sec. 9. (a) Subject to subsection (b), and to the extent not
	138	+	15 preempted by federal law, the office shall administer the program
	139	+	16 in Indiana in compliance with the following:
	140	+	17 (1) All mandatory provisions set forth in the act with respect
	141	+	18 to the program.
	142	+	19 (2) All mandatory provisions set forth in the BEAD NOFO
	143	+	20 with respect to the program.
	144	+	21 (3) Before awarding a subgrant to an eligible broadband
	145	+	22 service provider during any round of funding under the
	146	+	23 program, the office shall submit to the budget committee for
	147	+	24 review the proposed amount and terms of the subgrant.
	148	+	25 (4) In awarding subgrants for the deployment of a broadband
	149	+	26 network using program funds, the office may not exclude
	150	+	27 cooperatives, nonprofit organizations, public-private
	151	+	28 partnerships, private companies, public or private utilities,
	152	+	29 public utility districts, or local governments from eligibility
	153	+	30 for those funds, as set forth in 47 U.S.C. 1702(h)(1)(A)(iii).
	154	+	31 (b) The final proposal submitted by the office to NTIA must
	155	+	32 include the specifications for the required low cost broadband
	156	+	33 service option that are set forth in the office's initial proposal, as
	157	+	34 submitted to and approved by NTIA.
	158	+	35 Sec. 10. To the extent that this chapter conflicts with a provision
	159	+	36 of any other Indiana law, this chapter prevails.
	160	+	37 SECTION 4. An emergency is declared for this act.
	161	+	EH 1277—LS 6583/DI 101 4
	162	+	COMMITTEE REPORT
	163	+	Mr. Speaker: Your Committee on Utilities, Energy and
	164	+	Telecommunications, to which was referred House Bill 1277, has had
	165	+	the same under consideration and begs leave to report the same back
	166	+	to the House with the recommendation that said bill be amended as
	167	+	follows:
	168	+	Page 1, line 5, delete "Except for section 4 of this chapter, this" and
	169	+	insert "This".
	170	+	Page 1, delete lines 9 through 17.
	171	+	Page 2, delete lines 1 through 14.
	172	+	Page 3, delete lines 20 through 21.
	173	+	Page 3, line 22, delete "4." and insert "3.".
	174	+	Page 3, line 25, delete "5." and insert "4.".
	175	+	Page 3, line 28, delete "6." and insert "5.".
	176	+	Page 3, line 31, delete "7." and insert "6.".
	177	+	Page 3, line 34, delete "8." and insert "7.".
	178	+	Page 3, line 37, delete "9." and insert "8.".
	179	+	Page 3, line 37, delete "means an eligible" and insert "has the
	180	+	meaning set forth in 47 U.S.C. 1702(a)(2)(N).".
	181	+	Page 3, delete lines 38 through 40.
	182	+	Page 3, line 41, delete "10. (a) Subject to subsections (b) and (c),"
	183	+	and insert "9. (a) Subject to subsection (b),".
	184	+	Page 4, between lines 9 and 10, begin a new line block indented and
	185	+	insert:
	186	+	"(4) In awarding subgrants for the deployment of a
	187	+	broadband network using program funds, the office may not
	188	+	exclude cooperatives, nonprofit organizations, public-private
	189	+	partnerships, private companies, public or private
	190	+	universities, public utility districts, or local governments from
	191	+	eligibility for those funds, as set forth in 47 U.S.C.
	192	+	1702(h)(1)(A)(iii).".
	193	+	Page 4, delete lines 10 through 15.
	194	+	Page 4, line 16, delete "(c)" and insert "(b)".
	195	+	Page 4, line 17, delete "following:" and insert "specifications for
	196	+	the required low cost broadband service option that are set forth
	197	+	in the office's initial proposal, as submitted to and approved by
	198	+	NTIA.".
	199	+	Page 4, delete lines 18 through 22.
	200	+	Page 4, line 23, delete "11." and insert "10.".
	201	+	Renumber all SECTIONS consecutively.
	202	+	and when so amended that said bill do pass.
	203	+	EH 1277—LS 6583/DI 101 5
	204	+	(Reference is to HB 1277 as introduced.)
	205	+	SOLIDAY
	206	+	Committee Vote: yeas 11, nays 0.
	207	+	_____
	208	+	COMMITTEE REPORT
	209	+	Madam President: The Senate Committee on Utilities, to which was
	210	+	referred House Bill No. 1277, has had the same under consideration
	211	+	and begs leave to report the same back to the Senate with the
	212	+	recommendation that said bill be AMENDED as follows:
	213	+	Page 3, line 29, delete "universities," and insert "utilities,".
	214	+	and when so amended that said bill do pass.
	215	+	(Reference is to HB 1277 as printed January 18, 2024.)
	216	+	KOCH, Chairperson
	217	+	Committee Vote: Yeas 8, Nays 0.
	218	+	EH 1277—LS 6583/DI 101