HASBSB455 WATSOND 4543 SENATE SUMMARY OF HOUSE AMENDMENTS SB 455 2022 Regular Session Boudreaux KEYWORD AND SUMMARY AS RETURNED TO THE SENATE INTERNET. Provides for broadband development and connectivity. (gov sig) SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL 1. Limit the office to hiring not more than one additional full-time employee for the purpose of compiling a statewide parish-by-parish broadband map. 2. Make technical changes. DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE SB 455 Reengrossed 2022 Regular Session Boudreaux Present law provides for the office of broadband and connectivity (office) within the office of the governor. Proposed law moves the office from the office of the governor to the division of administration and changes the name of the office to the office of broadband development and connectivity. Otherwise retains present law. Present law requires the head of the office to be appointed by the governor and subject to Senate confirmation. Proposed law deletes present law. Proposed law requires the office to secure certain information from any entity providing internet service to at least 1 location in the state to compile a statewide broadband map. Limits the office to hiring not more than one additional full-time employee to compile a statewide parish-by-parish broadband map identifying the locations and capability of broadband service in the state. At the request of the office, proposed law requires any such entity to submit broadband deployment information containing the same information submitted to the Federal Communications Commission (FCC). Further provides that the entity is not required to provide any data beyond that which is required for submission to the FCC. Proposed law provides that any such entity not in compliance with proposed law may be ineligible to participate in, or receive funding from, any state-administered grant program designated for broadband infrastructure deployment in the state in the calendar year of noncompliance and the following calendar year. Further provides that any location in the state purportedly served by the entity not in compliance with proposed law may be considered to have internet access service of less than 25 megabits per second for download and 3 megabits per second for upload. Proposed law requires an entity's broadband availability data to be used strictly for the purpose of identifying served, underserved, and unserved areas to aid in administration of the "Granting Unserved Municipalities Broadband Opportunities" program. Proposed law authorizes the entity submitting broadband data to review a draft of the proposed state broadband map and submit any necessary corrective data to the office prior to the publication or utilization of the state broadband map for any state-administered grant program designated for broadband infrastructure deployment in the state. Proposed law authorizes the entity submitting broadband data to challenge any area ultimately deemed eligible for any state-administered grant program designated for broadband infrastructure deployment in the state that overlaps with an entity's verified service territory. HASBSB455 WATSOND 4543 Proposed law authorizes the office to contract with a private entity or third-party consultant to develop and maintain the state broadband map. Further requires any such contract entered into by the office and a private entity or third-party consultant to include a confidentiality agreement prohibiting the disclosure of any broadband data provided under proposed law. Proposed law provides that information compiled under proposed law is exempt from Public Records Law (R.S. 44:1.1 et seq.) and is considered confidential, proprietary, and a trade secret of the entity providing the information. Requires that the office, including any private entity or third-party consultant retained or employed under proposed law, to keep strictly confidential and not disclose, or cause or permit to be disclosed, to any third person, private entity, or public body, any broadband availability data provided under proposed law. Further requires that all actions be taken as are reasonably necessary to ensure that the broadband availability data remains strictly confidential and is not disclosed to or seen, used, or obtained by any third person, private entity or public body. Proposed law provides that provisions regarding mapping areas terminate under any one of the following conditions, whichever occurs first: (1)Upon a determination by the office that it is no longer necessary to compile a statewide parish by parish broadband map identifying the locations and capability of broadband service in the state. (2)At midnight on December 31, 2026. Proposed law authorizes the office to promulgate necessary rules in accordance with the provisions of the APA. Present law sunsets the office at 12 o'clock midnight on June 30, 2023. Proposed law deletes present law and sunsets the office at 12 o'clock midnight on June 30, 2028. Effective upon signature of the governor or lapse of time for gubernatorial action. (Amends R.S. 51:1361(3), 1362(A), 1363(intro. para.), 1365, and R.S. 44:4.1(B)(35); Adds R.S. 51:1363.1) ______________________ Dawn Romero Watson Executive Director