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HOUSE BILL 262
56
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2023
INTRODUCED BY
Joy Garratt and Debra M. Sariñana
AN ACT
RELATING TO BROADBAND; AMENDING SECTIONS OF THE CONNECT NEW
MEXICO ACT; TRANSFERRING IMPLEMENTATION OF THE GRANT PROGRAM
FROM THE CONNECT NEW MEXICO COUNCIL TO THE OFFICE OF BROADBAND
ACCESS AND EXPANSION; MAKING TECHNICAL CORRECTIONS; PROVIDING
DEFINITIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 63-9K-2 NMSA 1978 (being Laws 2021,
Chapter 120, Section 2) is amended to read:
"63-9K-2. DEFINITIONS.--As used in the Connect New Mexico
Act:
A. "2020 broadband plan" means the State of New
Mexico Broadband Strategic Plan and Rural Broadband Assessment
published by the department of information technology in June
2020;
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B. "broadband infrastructure" means any cable or
device used for high-capacity transmission of a wide range of
frequencies [enabling ] to provide internet services or
otherwise enable a large number of electronic messages to be
transmitted or received simultaneously;
C. "broadband office" means the office of broadband
access and expansion;
[C.] D. "council" means the connect New Mexico
council;
[D. "department" means the department of
information technology; provided that, upon Senate Bill 93 of
the first session of the fifty-fifth legislature becoming law,
"department" means a state agency, department, division or
other organization unit designated in that law to plan or
coordinate broadband development efforts by all state
agencies;]
E. "digital equity" means information technology
needed for civic and cultural participation, employment,
education, business and economic development, lifelong learning
and access to essential services generally available to
residents regardless of their racial grouping, socioeconomic
status or cultural identity;
F. "digital inclusion" means access to and the
ability to use information technologies;
G. "federal assistance funding" means federal grant
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and loan programs that provide full or matching funding for the
development or maintenance of broadband infrastructure,
training in the use or administration of internet-based
services or the purchase of computers or other devices that
access the internet;
H. "internet" means a global set of computing and
electronic devices interconnected through networking
infrastructures to provide data and information sharing and
communication facilities;
[H.] I. "local government" means the government of
a municipality, county or political subdivision of the state or
an entity operating pursuant to a joint powers agreement
pursuant to the Planning District Act or the Regional Planning
Act;
[I.] J. "public educational institution" means a
public school that receives state funding for its operations, a
school district, a public post-secondary educational
institution or a state agency that provides administrative
services, funding or technical support to public schools,
school districts and public post-secondary educational
institutions;
[J.] K. "quality of service" means the standards
for broadband service established by the [department ] broadband
office that meet or exceed the baseline standards established
by the federal communications commission;
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[K.] L. "statewide broadband plan" means a plan
developed by the [department ] broadband office that may be an
updated revision of the 2020 broadband plan; provided that,
upon Senate Bill 93 of the first session of the fifty-fifth
legislature becoming law, "statewide broadband plan" means the
statewide broadband plan developed pursuant to that law;
[L.] M. "tribal government" means the government of
a federally or state-recognized Indian nation, pueblo or tribe;
[M.] N. "underserved" means an area or property
that does not receive internet quality of service access; and
[N.] O. "unserved" means an area or property that
does not have internet access that meets the baseline standards
established by the federal communications commission."
SECTION 2. Section 63-9K-3 NMSA 1978 (being Laws 2021,
Chapter 120, Section 3) is amended to read:
"63-9K-3. COUNCIL CREATED--POWERS.--
A. The "connect New Mexico council" is created and
administratively attached to the department.
B. The council is composed of the following fifteen
members:
(1) the secretary of transportation or the
secretary's designee;
(2) the secretary of economic development or
the secretary's designee;
(3) the secretary of cultural affairs or the
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secretary's designee;
(4) the secretary of information technology or
the secretary's designee;
(5) the executive director of the New Mexico
mortgage finance authority or the executive director's
designee;
(6) the secretary of higher education or the
secretary's designee;
(7) the director of the public school
facilities authority or the director's designee;
(8) five members of the public who have
experience with broadband access and connectivity challenges
for either private business or public institutions, appointed
as follows:
(a) one member appointed by the speaker
of the house of representatives;
(b) one member appointed by the minority
floor leader [in] of the house of representatives;
(c) one member appointed by the
president pro tempore of the senate;
(d) one member appointed by the minority
floor leader [in] of the senate; and
(e) one member appointed by the
governor; and
(9) three members appointed by the secretary
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of Indian affairs: one representative of the Navajo Nation,
one representative of Apache tribal governments and one
representative of Indian pueblo tribal governments, who are
experienced with broadband access and connectivity issues.
C. The chair of the council shall be elected by a
quorum of the council members. The council shall meet monthly
or at the call of the chair. A majority of members constitutes
a quorum for the transaction of business. The affirmative vote
of at least a majority of a quorum present shall be necessary
for an action to be taken by the council.
D. Each member of the council appointed pursuant to
Paragraph (8) or (9) of Subsection B of this section shall be
appointed to a four-year term; provided that to provide for
staggered terms:
(1) two of the members initially appointed
pursuant to Paragraph (8) of Subsection B of this section shall
be appointed for a term of two years by lot; and
(2) one member initially appointed pursuant to
Paragraph (9) of Subsection B of this section shall be
initially appointed for a term of two years by lot.
E. Public members of the council shall be
reimbursed for attending meetings of the council as provided
for nonsalaried public officers in the Per Diem and Mileage Act
and shall receive no other compensation, perquisite or
allowance.
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F. Public members of the council are appointed
public officials of the state while carrying out their duties
and activities under the Connect New Mexico Act.
G. Council members shall be governed by the
Governmental Conduct Act.
H. The council shall be staffed by the department."
SECTION 3. Section 63-9K-4 NMSA 1978 (being Laws 2021,
Chapter 120, Section 4) is amended to read:
"63-9K-4. COUNCIL--DUTIES.--The council shall:
A. [in consultation with the department, coordinate
state agency] advise and make recommendations to the broadband
office regarding the coordination of broadband programs and
broadband projects in accordance with the statewide broadband
plan;
B. [evaluate and prioritize grant proposals and
make grant awards] advise the broadband office concerning the
development of a grant program and make recommendations for
grant awards from the connect New Mexico fund; and
C. adopt rules [establishing a competitive grant
program to receive funds ] regarding the administration of
grants from the connect New Mexico fund. The rules shall
include the application procedure, the required qualifications
for projects and the purposes for which the grants may be
used."
SECTION 4. Section 63-9K-5 NMSA 1978 (being Laws 2021,
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Chapter 120, Section 5) is amended to read:
"63-9K-5. BROADBAND KNOWLEDGE AND DIGITAL EQUITY ANALYSIS
AND PLAN--REPORT--INCLUSION IN STATEWIDE BROADBAND PLAN.--
A. The council shall consult local and tribal
governments, public educational institutions and state agencies
to develop a digital equity analysis and plan to address:
(1) the challenges to digital inclusion that
are posed by the lack of affordable quality service, broadband-
enabled devices or the knowledge of how to use the devices
effectively in different age, cultural or geographic
populations across the state;
(2) the federal and private sector programs
that could be applied to by state agencies or local or tribal
governments to address the challenges identified in Paragraph
(1) of this subsection; and
(3) existing state programs or state programs
that could be established that address or could leverage
federal and private sector programs to address the challenges
identified in Paragraph (1) of this subsection.
B. On or before August 1, 2023, the council shall
report on the digital equity analysis and plan to the
[department] broadband office and appropriate interim
legislative committees.
C. On or before January 1, 2024, the [department ]
broadband office shall incorporate the digital equity analysis
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and plan and its recommendations into the statewide broadband
plan.
D. The [department] broadband office shall
cooperate with and provide relevant broadband-related
information [collected or developed by the department ] it
collects or develops with the council."
SECTION 5. Section 63-9K-6 NMSA 1978 (being Laws 2021,
Chapter 120, Section 6) is amended to read:
"63-9K-6. CONNECT NEW MEXICO FUND CREATED.--
A. The "connect New Mexico fund" is created in the
state treasury. The fund consists of appropriations, gifts,
grants and donations. Money in the fund is [subject to
appropriation by the legislature to the council for the purpose
of administering the broadband grant program. Disbursements
from the fund shall be made upon warrants drawn by the
secretary of finance and administration pursuant to vouchers
signed by the chair of the council ] appropriated to and shall
be administered by the broadband office pursuant to rules
adopted by the council pursuant to Section 63-9K-4 NMSA 1978
for the purpose of issuing grants pursuant to Subsection B of
this section. Any unexpended or unencumbered balance in the
fund remaining at the end of any fiscal year shall not revert
to the general fund.
B. The [council] broadband council shall implement
[the broadband] a grant program to develop and expand broadband
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infrastructure and services and support digital inclusion;
provided that the [council ] broadband office shall each year
seek to award grants for proposals submitted by the following
entities throughout the state:
(1) local governments;
(2) state agencies;
(3) public educational institutions;
(4) tribal governments; [and ]
(5) entities created by a joint powers
agreement pursuant to the Joint Powers Agreements Act; and
(6) private entities for broadband
infrastructure to provide service primarily for residential
purposes.
C. When approving grants from the connect New
Mexico fund, the [council ] broadband office shall give
consideration to:
(1) the extent to which the project connects
unserved and underserved populations of New Mexico, with
priority given to projects that will connect unserved
populations;
(2) the extent to which the project meets or
exceeds the baseline standards established by the federal
communications commission;
(3) the extent to which the project leverages
existing infrastructure;
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(4) the extent to which the project
complements or coordinates with the statewide broadband plan;
(5) the extent to which the project leverages
regional collaboration;
(6) the degree to which the project fosters
digital inclusion;
(7) the extent to which the project stimulates
in-state economic development, including the creation of jobs
and apprenticeships; [and ]
(8) the extent to which the project leverages
in-kind or financial support from local agencies or entities,
federal assistance funding or federal Coronavirus Aid, Relief,
and Economic Security Act, federal Consolidated Appropriations
Act, 2021 or federal American Rescue Plan Act of 2021 funding;
and
(9) for a grant award to a private entity, the
extent to which the grantee contributes matching funds or
in-kind support for the project, the number of existing
residences to which internet services would be made available
as a percentage of the total number of existing locations to
which internet services would be made available by the project
and the extent to which the project fosters digital equity ."
SECTION 6. Section 63-9K-7 NMSA 1978 (being Laws 2021,
Chapter 120, Section 7) is amended to read:
"63-9K-7. DATA COLLECTION--ANNUAL REPORT.--
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A. By October 1 of each year, the department, in
coordination with the [council ] broadband office, shall provide
to the appropriate legislative interim committees a report on
the access to and quality of service of broadband across the
state. Information shall be provided on a county-by-county
basis.
B. The report shall contain the following
information:
(1) progress achieved toward digital equity
and digital inclusion as identified in the digital equity
analysis and plan;
(2) progress achieved on implementation of the
statewide broadband plan;
(3) identified obstacles to an integrated
system of permits, licenses and rules for broadband
infrastructure across the state, including an expedited review
process for rights of way use applications;
(4) recommended statutory, regulatory or
policy changes and budget recommendations for the development
and expansion of broadband infrastructure and digital equity
and digital inclusion; and
(5) information on the broadband grant
program, including:
(a) a list of grant recipients;
(b) the amount and date of each grant;
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(c) a description of each project
funded; and
(d) a description of how each project
contributes to the statewide broadband plan and demonstrates
increased access and quality of service for the unserved and
underserved populations of New Mexico."
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