SSHB653 506 4244
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 653 2023 Regular Session Deshotel
UTILITIES: Provides relative to Granting Unserved Municipalities Broadband
Opportunities
Synopsis of Senate Amendments
1.Revises and adds definitions for certain terms.
2.Removes the 90 day period to conduct the challenge process.
3.Requires an entity that receives federal funds for broadband infrastructure and
development to submit a quarterly report for each project during an agreement
period.
4.Provides that a grant applicant may define proposed project areas in the
application grant funding.
5.Requires the office of broadband to award grants to eligible grant recipients
according to priorities established by federal law.
6.Adds that the office of broadband is responsible for promulgating grant awards
that are consistent with federal law.
7.Designates the division of administration as the agency to receive and disburse
state and federal funds received to implement the BEAD program.
8.Makes technical changes.
Digest of Bill as Finally Passed by Senate
Proposed law establishes the "Granting Unserved Municipalities Broadband Opportunities
2.0" (GUMBO 2.0) program.
Proposed law defines certain terms including "broadband service", "eligible grant recipient",
"project", "infrastructure", "shapefile", "underserved location", and "unserved location".
Proposed law authorizes the office of broadband development and connectivity (office) to
use up to one percent of appropriated funds to administer GUMBO 2.0. Proposed law further
authorizes the office to use one percent of funds to hire 3rd party contractors to administer
the program. Proposed law prohibits the use of the funds for compensation of any new or
existing positions within the office.
Proposed law gives the office the authority and responsibility to promulgate rules at least 90
days prior to a grant round and provides that the rules must be consistent with state law and
federal guidelines pertaining to the Infrastructure Investment and Jobs Act and proposed law.
Proposed law exempts the GUMBO 2.0 program from the provisions of present law, the La.
Procurement Code and the Public Bid Law.
Proposed law provides that, unless stated otherwise in proposed law, all records related to
GUMBO 2.0 are public records, but a broadband service provider's trade secret and
proprietary information are not subject to the Public Records Law.
Proposed law requires the office to treat any information submitted with a protest that is not
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publicly available as confidential.
Proposed law requires grant recipients to provide matching funds. Requires a grant recipient
to contribute from its own funds a minimum of 25% of the total estimated cost of the project.
Provides that a written waiver to this requirement can be granted by the office.
Proposed law authorizes a local government to contribute in-kind contributions for an
eligible project. Provides that such contributions shall not be considered a partnership for
providing a covered service in accordance with present law, the Local Government Fair
Competition Act.
Proposed law authorizes the office to promulgate rules with regard to the grant process.
Proposed law requires the challenge process start before a future grant round is launched.
Provides that the state is required to use the Broadband DATA Maps and the National
Telecommunications and Information Administration's (NTIA), Broadband Equity, Access,
and Deployment (BEAD) Model Challenge process to conduct the process. Proposed law
requires broadband service providers to submit challenges within 30 days of mapping
information being released publicly.
Proposed law provides that NTIA is the final arbiter of availability challenges.
Proposed law requires the office to keep confidential challenge details.
Proposed law requires that the office keep a grant round open for a period of at least 30 days
but not longer than 60 days.
Proposed law requires the office to identify eligible locations for grant funding using the
Broadband DATA Map.
Proposed law requires the office to release eligible locations at least 30 days prior to the start
of a grant round.
Proposed law requires application information used for scoring purposes to be made publicly
available, subject to confidentiality protections provided in proposed law. Provide such
information is required to be posted on the office's website or the division of administration's
website for at least seven days prior to the grant award.
Proposed law requires a grant applicant to define its proposed project area. Proposed law
requires the office of broadband to award grants to eligible grant recipients according to the
priorities established in federal law.
Proposed law requires the office to promulgate application minimum requirements and
scoring rules at least 90 days prior to a grant round.
Proposed law provides the procedure for a party to protest an award and requires such party
to do so within 14 days. Requires a party that submits a protest to attest that the information
in the protest is accurate and that the protest is submitted in good faith.
Proposed law allows a local governing authority to submit to the office an objection to any
provider that seeks to deploy broadband service in the local governing authority's area if the
provider has received a letter grade rating of "D" or "F" from the Better Business Bureau.
Proposed law gives the director of the office the authority to settle and resolve a protest.
Proposed law requires the director of the office to provide a written decision, within 14
business days, when a protest cannot be resolved by mutual agreement. Proposed law
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provides the requirements for the written decision and requires the decision to be provided
to a party to the protest immediately. Proposed law provides that the office's decision is final
and conclusive with exceptions.
Proposed law allows a party a protest to file an appeal with the commissioner of
administration within 14 business days. Proposed law gives the commissioner the authority
to review and determine any appeal by a party to the protest.
Proposed law allows a party to the protest to file an appeal, within seven business days of
receipt of a decision from the commissioner, with the 19th Judicial District Court. Proposed
law also gives a party to the protest the right to appeal to the 1st Circuit Court of Appeal or
the La. Supreme Court.
Proposed law requires the office to conduct an implementation meeting with a grant recipient
within 30 days of execution of a grant agreement.
Proposed law requires a grant recipient to submit to the office an annual report for each
funded project during an agreement period. Proposed law provides requirements for the
report. Proposed law further requires an entity receiving federal funds for broadband
infrastructure development to submit to the office a quarterly report for each project during
an agreement period and the necessary information for the report.
Proposed law requires the office to submit annually, on or before Sept. 30th, a report to the
House and Senate commerce committees and the Joint Legislative Committee on Technology
and Cybersecurity. Proposed law provides the necessary elements for the report.
Proposed law requires eligible grant recipients to submit a quarterly report for each funded
project located in the state and provides the required elements for the report. Proposed law
provides that if a grant recipient does not submit quarterly reports for two consecutive
quarters, the office may consider locations within the awarded area unserved.
Proposed law provides that the division of administration shall be the designated agency for
receipt and disbursement of state and federal funds received to implement the BEAD
program.
Proposed law provides that reimbursements shall be made at certain points of a project.
Proposed law provides that the final 15% of a grant shall not be paid without an approved
completion report.
Proposed law provides that a grant recipient forfeits the amount of a grant if the recipient
fails to perform, in material respect, its obligations. Proposed law provides that grant
agreements shall last, at a minimum, for the duration of broadband project construction and
five years after construction completion.
Proposed law provides that a grant recipient is not required to forfeit the amount of a grant
if the recipient fails to perform due to circumstances beyond its control.
Proposed law provides that a grant recipient could be required to reimburse the state the
actual cost to finish a project if the recipient fails to complete the project in a material
respect.
Present law, the Public Records Law, provides that unless there is an exception, records are
subject to public review and examination.
Present law provides exceptions to the Public Records Law.
Proposed law creates an exception to the Public Records Law for the limitations contained
in proposed law, R.S. 51:2370.25 and 2370.27, for information identified as confidential,
trade secret, or proprietary.
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Proposed law authorizes the La. State Law Institute to make certain technical changes to the
law regarding GUMBO 1.0 to conform with proposed law.
(Adds R.S. 51:2370.21-2370.33; Amends R.S. 44:4.1(B)(35))
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