New Mexico 2023 Regular Session

New Mexico House Bill HB262 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HGEIC/HB 262/a~~
2		-	~~Page 1~~
	1	+	underscored material = new
	2	+	[bracketed material] = delete
3	3		1
4	4		2
5	5		3
6	6		4
7	7		5
8	8		6
9	9		7
10	10		8
11	11		9
12	12		10
13	13		11
14	14		12
15	15		13
16	16		14
17	17		15
18	18		16
19	19		17
20	20		18
21	21		19
22	22		20
23	23		21
24	24		22
25	25		23
26	26		24
27	27		25
	28	+	HOUSE BILL 262
	29	+	56
	30	+	TH LEGISLATURE
	31	+	-
	32	+
	33	+	STATE
	34	+
	35	+	OF
	36	+
	37	+	NEW
	38	+
	39	+	MEXICO
	40	+
	41	+	-
	42	+	FIRST SESSION
	43	+	,
	44	+
	45	+	2023
	46	+	INTRODUCED BY
	47	+	Joy Garratt and Debra M. Sariñana
28	48		AN ACT
29	49		RELATING TO BROADBAND; AMENDING SECTIONS OF THE CONNECT NEW
30	50		MEXICO ACT; TRANSFERRING IMPLEMENTATION OF THE GRANT PROGRAM
31		-	FROM THE CONNECT NEW MEXICO COUNCIL TO THE OFFICE OF
32		-	~~BROADBAND~~ ACCESS AND EXPANSION; MAKING TECHNICAL CORRECTIONS;
33		-	~~PROVIDING~~ DEFINITIONS.
	51	+	FROM THE CONNECT NEW MEXICO COUNCIL TO THE OFFICE OF BROADBAND
	52	+	ACCESS AND EXPANSION; MAKING TECHNICAL CORRECTIONS; PROVIDING
	53	+	DEFINITIONS.
34	54		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
35	55		SECTION 1. Section 63-9K-2 NMSA 1978 (being Laws 2021,
36	56		Chapter 120, Section 2) is amended to read:
37		-	"63-9K-2. DEFINITIONS.--As used in the Connect New
38		-	~~Mexico~~ Act:
	57	+	"63-9K-2. DEFINITIONS.--As used in the Connect New Mexico
	58	+	Act:
39	59		A. "2020 broadband plan" means the State of New
40		-	Mexico Broadband Strategic Plan and Rural Broadband
41		-	Assessment published by the department of information
42		-	technology in June 2020;
43		-	B. "broadband infrastructure" means any facilities
44		-	and equipment used to provide internet service, excluding
45		-	telecommunications equipment owned, controlled or operated by
46		-	a public or private end-user;
47		-	C. "broadband office" means the office of
48		-	broadband access and expansion;
49		-	D. "council" means the connect New Mexico council;
50		-	E. "department" means the department of
51		-	information technology; HGEIC/HB 262/a
52		-	Page 2
	60	+	Mexico Broadband Strategic Plan and Rural Broadband Assessment
	61	+	published by the department of information technology in June
	62	+	2020;
	63	+	.223208.2 underscored material = new
	64	+	[bracketed material] = delete
53	65		1
54	66		2
55	67		3
56	68		4
57	69		5
58	70		6
59	71		7
60	72		8
61	73		9
62	74		10
63	75		11
64	76		12
65	77		13
66	78		14
67	79		15
68	80		16
69	81		17
70	82		18
71	83		19
72	84		20
73	85		21
74	86		22
75	87		23
76	88		24
77	89		25
78		-	F. "digital equity" means information technology
	90	+	B. "broadband infrastructure" means any cable or
	91	+	device used for high-capacity transmission of a wide range of
	92	+	frequencies [enabling ] to provide internet services or
	93	+	otherwise enable a large number of electronic messages to be
	94	+	transmitted or received simultaneously;
	95	+	C. "broadband office" means the office of broadband
	96	+	access and expansion;
	97	+	[C.] D. "council" means the connect New Mexico
	98	+	council;
	99	+	[D. "department" means the department of
	100	+	information technology; provided that, upon Senate Bill 93 of
	101	+	the first session of the fifty-fifth legislature becoming law,
	102	+	"department" means a state agency, department, division or
	103	+	other organization unit designated in that law to plan or
	104	+	coordinate broadband development efforts by all state
	105	+	agencies;]
	106	+	E. "digital equity" means information technology
79	107		needed for civic and cultural participation, employment,
80		-	education, business and economic development, lifelong
81		-	~~learning~~ and access to essential services generally available
82		-	to residents regardless of their racial grouping,
83		-	~~socioeconomic~~ status or cultural identity;
84		-	G. "digital inclusion" means access to and the
	108	+	education, business and economic development, lifelong learning
	109	+	and access to essential services generally available to
	110	+	residents regardless of their racial grouping, socioeconomic
	111	+	status or cultural identity;
	112	+	F. "digital inclusion" means access to and the
85	113		ability to use information technologies;
86		-	H. "end-user" means an individual, business,
87		-	institution or governmental entity that subscribes to an
88		-	internet service and does not resell that service to other
89		-	individuals or entities;
90		-	I. "federal assistance funding" means federal
91		-	grant and loan programs that provide full or matching funding
92		-	for the development or maintenance of broadband
93		-	infrastructure, training in the use or administration of
94		-	internet-based services or the purchase of computers or other
95		-	devices that access the internet;
96		-	J. "internet" means a global set of computing and
97		-	electronic devices interconnected through networking
98		-	infrastructures to provide data and information sharing and
99		-	communication facilities;
100		-	K. "local government" means the government of a
101		-	municipality, county or political subdivision of the state or
102		-	an entity operating pursuant to a joint powers agreement HGEIC/HB 262/a
103		-	Page 3
	114	+	G. "federal assistance funding" means federal grant
	115	+	.223208.2
	116	+	- 2 - underscored material = new
	117	+	[bracketed material] = delete
104	118		1
105	119		2
106	120		3
107	121		4
108	122		5
109	123		6
110	124		7
111	125		8
112	126		9
113	127		10
114	128		11
115	129		12
116	130		13
117	131		14
118	132		15
119	133		16
120	134		17
121	135		18
122	136		19
123	137		20
124	138		21
125	139		22
126	140		23
127	141		24
128	142		25
129		-	pursuant to the Planning District Act or the Regional
130		-	Planning Act;
131		-	L. "public educational institution" means a public
132		-	school that receives state funding for its operations, a
	143	+	and loan programs that provide full or matching funding for the
	144	+	development or maintenance of broadband infrastructure,
	145	+	training in the use or administration of internet-based
	146	+	services or the purchase of computers or other devices that
	147	+	access the internet;
	148	+	H. "internet" means a global set of computing and
	149	+	electronic devices interconnected through networking
	150	+	infrastructures to provide data and information sharing and
	151	+	communication facilities;
	152	+	[H.] I. "local government" means the government of
	153	+	a municipality, county or political subdivision of the state or
	154	+	an entity operating pursuant to a joint powers agreement
	155	+	pursuant to the Planning District Act or the Regional Planning
	156	+	Act;
	157	+	[I.] J. "public educational institution" means a
	158	+	public school that receives state funding for its operations, a
133	159		school district, a public post-secondary educational
134	160		institution or a state agency that provides administrative
135	161		services, funding or technical support to public schools,
136	162		school districts and public post-secondary educational
137	163		institutions;
138		-	M. "quality of service" means the standards for
139		-	broadband service established by the broadband office that
140		-	meet or exceed the baseline standards established by the
141		-	federal communications commission;
142		-	N. "statewide broadband plan" means a plan
143		-	developed by the broadband office that may be an updated
144		-	revision of the 2020 broadband plan; provided that, upon
145		-	Senate Bill 93 of the first session of the fifty-fifth
146		-	legislature becoming law, "statewide broadband plan" means
147		-	the statewide broadband plan developed pursuant to that law;
148		-	O. "tribal government" means the government of a
149		-	federally or state-recognized Indian nation, pueblo or tribe;
150		-	P. "underserved" means an area or property that
151		-	does not have access to internet service offering speeds
152		-	greater than one hundred megabits downstream and twenty
153		-	megabits upstream; and HGEIC/HB 262/a
154		-	Page 4
	164	+	[J.] K. "quality of service" means the standards
	165	+	for broadband service established by the [department ] broadband
	166	+	office that meet or exceed the baseline standards established
	167	+	by the federal communications commission;
	168	+	.223208.2
	169	+	- 3 - underscored material = new
	170	+	[bracketed material] = delete
155	171		1
156	172		2
157	173		3
158	174		4
159	175		5
160	176		6
161	177		7
162	178		8
163	179		9
164	180		10
165	181		11
166	182		12
167	183		13
168	184		14
169	185		15
170	186		16
171	187		17
172	188		18
173	189		19
174	190		20
175	191		21
176	192		22
177	193		23
178	194		24
179	195		25
180		-	Q. "unserved" means an area or property that
181		-	either does not have access to internet service at all or
182		-	only has access to internet service offering speeds below
183		-	twenty-five megabits per second downstream or three megabits
184		-	per second upstream."
	196	+	[K.] L. "statewide broadband plan" means a plan
	197	+	developed by the [department ] broadband office that may be an
	198	+	updated revision of the 2020 broadband plan; provided that,
	199	+	upon Senate Bill 93 of the first session of the fifty-fifth
	200	+	legislature becoming law, "statewide broadband plan" means the
	201	+	statewide broadband plan developed pursuant to that law;
	202	+	[L.] M. "tribal government" means the government of
	203	+	a federally or state-recognized Indian nation, pueblo or tribe;
	204	+	[M.] N. "underserved" means an area or property
	205	+	that does not receive internet quality of service access; and
	206	+	[N.] O. "unserved" means an area or property that
	207	+	does not have internet access that meets the baseline standards
	208	+	established by the federal communications commission."
185	209		SECTION 2. Section 63-9K-3 NMSA 1978 (being Laws 2021,
186	210		Chapter 120, Section 3) is amended to read:
187	211		"63-9K-3. COUNCIL CREATED--POWERS.--
188	212		A. The "connect New Mexico council" is created and
189	213		administratively attached to the department.
190		-	B. The council is composed of the following
191		-	~~fifteen~~ members:
	214	+	B. The council is composed of the following fifteen
	215	+	members:
192	216		(1) the secretary of transportation or the
193	217		secretary's designee;
194	218		(2) the secretary of economic development or
195	219		the secretary's designee;
196	220		(3) the secretary of cultural affairs or the
197		-	secretary's designee;
198		-	(4) the secretary of information technology
199		-	or the secretary's designee;
200		-	(5) the executive director of the New Mexico
201		-	mortgage finance authority or the executive director's
202		-	designee;
203		-	(6) the secretary of higher education or the
204		-	secretary's designee; HGEIC/HB 262/a
205		-	Page 5
	221	+	.223208.2
	222	+	- 4 - underscored material = new
	223	+	[bracketed material] = delete
206	224		1
207	225		2
208	226		3
209	227		4
210	228		5
211	229		6
212	230		7
213	231		8
214	232		9
215	233		10
216	234		11
217	235		12
218	236		13
219	237		14
220	238		15
221	239		16
222	240		17
223	241		18
224	242		19
225	243		20
226	244		21
227	245		22
228	246		23
229	247		24
230	248		25
	249	+	secretary's designee;
	250	+	(4) the secretary of information technology or
	251	+	the secretary's designee;
	252	+	(5) the executive director of the New Mexico
	253	+	mortgage finance authority or the executive director's
	254	+	designee;
	255	+	(6) the secretary of higher education or the
	256	+	secretary's designee;
231	257		(7) the director of the public school
232	258		facilities authority or the director's designee;
233	259		(8) five members of the public who have
234	260		experience with broadband access and connectivity challenges
235	261		for either private business or public institutions, appointed
236	262		as follows:
237	263		(a) one member appointed by the speaker
238	264		of the house of representatives;
239		-	(b) one member appointed by the
240		-	~~minority~~ floor leader of the house of representatives;
	265	+	(b) one member appointed by the minority
	266	+	floor leader [in] of the house of representatives;
241	267		(c) one member appointed by the
242	268		president pro tempore of the senate;
243		-	(d) one member appointed by the
244		-	~~minority~~ floor leader of the senate; and
	269	+	(d) one member appointed by the minority
	270	+	floor leader [in] of the senate; and
245	271		(e) one member appointed by the
246	272		governor; and
247	273		(9) three members appointed by the secretary
248		-	of Indian affairs: one representative of the Navajo Nation,
249		-	one representative of Apache tribal governments and one
250		-	representative of Indian pueblo tribal governments, who are
251		-	experienced with broadband access and connectivity issues.
252		-	C. The chair of the council shall be elected by a
253		-	quorum of the council members. The council shall meet
254		-	monthly or at the call of the chair. A majority of members
255		-	constitutes a quorum for the transaction of business. The HGEIC/HB 262/a
256		-	Page 6
	274	+	.223208.2
	275	+	- 5 - underscored material = new
	276	+	[bracketed material] = delete
257	277		1
258	278		2
259	279		3
260	280		4
261	281		5
262	282		6
263	283		7
264	284		8
265	285		9
266	286		10
267	287		11
268	288		12
269	289		13
270	290		14
271	291		15
272	292		16
273	293		17
274	294		18
275	295		19
276	296		20
277	297		21
278	298		22
279	299		23
280	300		24
281	301		25
282		-	affirmative vote of at least a majority of a quorum present
283		-	shall be necessary for an action to be taken by the council.
284		-	D. Each member of the council appointed pursuant
285		-	to Paragraph (8) or (9) of Subsection B of this section shall
286		-	be appointed to a four-year term; provided that to provide
287		-	for staggered terms:
	302	+	of Indian affairs: one representative of the Navajo Nation,
	303	+	one representative of Apache tribal governments and one
	304	+	representative of Indian pueblo tribal governments, who are
	305	+	experienced with broadband access and connectivity issues.
	306	+	C. The chair of the council shall be elected by a
	307	+	quorum of the council members. The council shall meet monthly
	308	+	or at the call of the chair. A majority of members constitutes
	309	+	a quorum for the transaction of business. The affirmative vote
	310	+	of at least a majority of a quorum present shall be necessary
	311	+	for an action to be taken by the council.
	312	+	D. Each member of the council appointed pursuant to
	313	+	Paragraph (8) or (9) of Subsection B of this section shall be
	314	+	appointed to a four-year term; provided that to provide for
	315	+	staggered terms:
288	316		(1) two of the members initially appointed
289		-	pursuant to Paragraph (8) of Subsection B of this section
290		-	~~shall~~ be appointed for a term of two years by lot; and
291		-	(2) one member initially appointed pursuant
292		-	to Paragraph (9) of Subsection B of this section shall be
	317	+	pursuant to Paragraph (8) of Subsection B of this section shall
	318	+	be appointed for a term of two years by lot; and
	319	+	(2) one member initially appointed pursuant to
	320	+	Paragraph (9) of Subsection B of this section shall be
293	321		initially appointed for a term of two years by lot.
294	322		E. Public members of the council shall be
295	323		reimbursed for attending meetings of the council as provided
296		-	for nonsalaried public officers in the Per Diem and Mileage
297		-	~~Act~~ and shall receive no other compensation, perquisite or
	324	+	for nonsalaried public officers in the Per Diem and Mileage Act
	325	+	and shall receive no other compensation, perquisite or
298	326		allowance.
299		-	F. Public members of the council are appointed
300		-	public officials of the state while carrying out their duties
301		-	and activities under the Connect New Mexico Act.
302		-	G. Council members shall be governed by the
303		-	Governmental Conduct Act.
304		-	H. The council shall be staffed by the
305		-	department."
306		-	SECTION 3. Section 63-9K-4 NMSA 1978 (being Laws 2021, HGEIC/HB 262/a
307		-	Page 7
	327	+	.223208.2
	328	+	- 6 - underscored material = new
	329	+	[bracketed material] = delete
308	330		1
309	331		2
310	332		3
311	333		4
312	334		5
313	335		6
314	336		7
315	337		8
316	338		9
317	339		10
318	340		11
319	341		12
320	342		13
321	343		14
322	344		15
323	345		16
324	346		17
325	347		18
326	348		19
327	349		20
328	350		21
329	351		22
330	352		23
331	353		24
332	354		25
	355	+	F. Public members of the council are appointed
	356	+	public officials of the state while carrying out their duties
	357	+	and activities under the Connect New Mexico Act.
	358	+	G. Council members shall be governed by the
	359	+	Governmental Conduct Act.
	360	+	H. The council shall be staffed by the department."
	361	+	SECTION 3. Section 63-9K-4 NMSA 1978 (being Laws 2021,
333	362		Chapter 120, Section 4) is amended to read:
334	363		"63-9K-4. COUNCIL--DUTIES.--The council shall:
335		-	A. advise and make recommendations to the
336		-	broadband office regarding the coordination of broadband
337		-	programs and broadband projects in accordance with the
338		-	statewide broadband plan;
339		-	B. advise the broadband office concerning the
	364	+	A. [in consultation with the department, coordinate
	365	+	state agency] advise and make recommendations to the broadband
	366	+	office regarding the coordination of broadband programs and
	367	+	broadband projects in accordance with the statewide broadband
	368	+	plan;
	369	+	B. [evaluate and prioritize grant proposals and
	370	+	make grant awards] advise the broadband office concerning the
340	371		development of a grant program and make recommendations for
341	372		grant awards from the connect New Mexico fund; and
342		-	C. adopt rules regarding the administration of
	373	+	C. adopt rules [establishing a competitive grant
	374	+	program to receive funds ] regarding the administration of
343	375		grants from the connect New Mexico fund. The rules shall
344		-	include the application procedure, the required
345		-	~~qualifications~~ for projects and the purposes for which the
346		-	~~grants may be~~ used."
	376	+	include the application procedure, the required qualifications
	377	+	for projects and the purposes for which the grants may be
	378	+	used."
347	379		SECTION 4. Section 63-9K-5 NMSA 1978 (being Laws 2021,
348		-	Chapter 120, Section 5) is amended to read:
349		-	"63-9K-5. BROADBAND KNOWLEDGE AND DIGITAL EQUITY
350		-	ANALYSIS AND PLAN--REPORT--INCLUSION IN STATEWIDE BROADBAND
351		-	PLAN.--
352		-	A. The council shall consult local and tribal
353		-	governments, public educational institutions and state
354		-	agencies to develop a digital equity analysis and plan to
355		-	address:
356		-	(1) the challenges to digital inclusion that
357		-	are posed by the lack of affordable quality service, HGEIC/HB 262/a
358		-	Page 8
	380	+	.223208.2
	381	+	- 7 - underscored material = new
	382	+	[bracketed material] = delete
359	383		1
360	384		2
361	385		3
362	386		4
363	387		5
364	388		6
365	389		7
366	390		8
367	391		9
368	392		10
369	393		11
370	394		12
371	395		13
372	396		14
373	397		15
374	398		16
375	399		17
376	400		18
377	401		19
378	402		20
379	403		21
380	404		22
381	405		23
382	406		24
383	407		25
384		-	broadband-enabled devices or the knowledge of how to use the
385		-	devices effectively in different age, cultural or geographic
	408	+	Chapter 120, Section 5) is amended to read:
	409	+	"63-9K-5. BROADBAND KNOWLEDGE AND DIGITAL EQUITY ANALYSIS
	410	+	AND PLAN--REPORT--INCLUSION IN STATEWIDE BROADBAND PLAN.--
	411	+	A. The council shall consult local and tribal
	412	+	governments, public educational institutions and state agencies
	413	+	to develop a digital equity analysis and plan to address:
	414	+	(1) the challenges to digital inclusion that
	415	+	are posed by the lack of affordable quality service, broadband-
	416	+	enabled devices or the knowledge of how to use the devices
	417	+	effectively in different age, cultural or geographic
386	418		populations across the state;
387	419		(2) the federal and private sector programs
388	420		that could be applied to by state agencies or local or tribal
389	421		governments to address the challenges identified in Paragraph
390	422		(1) of this subsection; and
391		-	(3) existing state programs or state
392		-	~~programs~~ that could be established that address or could
393		-	~~leverage~~ federal and private sector programs to address the
394		-	~~challenges~~ identified in Paragraph (1) of this subsection.
	423	+	(3) existing state programs or state programs
	424	+	that could be established that address or could leverage
	425	+	federal and private sector programs to address the challenges
	426	+	identified in Paragraph (1) of this subsection.
395	427		B. On or before August 1, 2023, the council shall
396	428		report on the digital equity analysis and plan to the
397		-	broadband office and appropriate interim legislative
398		-	committees.
399		-	C. On or before January 1, 2024, the broadband
400		-	office shall incorporate the digital equity analysis and plan
401		-	and its recommendations into the statewide broadband plan.
402		-	D. The broadband office shall cooperate with and
403		-	provide relevant broadband-related information it collects or
404		-	develops with the council."
405		-	SECTION 5. Section 63-9K-6 NMSA 1978 (being Laws 2021,
406		-	Chapter 120, Section 6) is amended to read:
407		-	"63-9K-6. CONNECT NEW MEXICO FUND CREATED.--
408		-	A. The "connect New Mexico fund" is created in the HGEIC/HB 262/a
409		-	Page 9
	429	+	[department] broadband office and appropriate interim
	430	+	legislative committees.
	431	+	C. On or before January 1, 2024, the [department ]
	432	+	broadband office shall incorporate the digital equity analysis
	433	+	.223208.2
	434	+	- 8 - underscored material = new
	435	+	[bracketed material] = delete
410	436		1
411	437		2
412	438		3
413	439		4
414	440		5
415	441		6
416	442		7
417	443		8
418	444		9
419	445		10
420	446		11
421	447		12
422	448		13
423	449		14
424	450		15
425	451		16
426	452		17
427	453		18
428	454		19
429	455		20
430	456		21
431	457		22
432	458		23
433	459		24
434	460		25
	461	+	and plan and its recommendations into the statewide broadband
	462	+	plan.
	463	+	D. The [department] broadband office shall
	464	+	cooperate with and provide relevant broadband-related
	465	+	information [collected or developed by the department ] it
	466	+	collects or develops with the council."
	467	+	SECTION 5. Section 63-9K-6 NMSA 1978 (being Laws 2021,
	468	+	Chapter 120, Section 6) is amended to read:
	469	+	"63-9K-6. CONNECT NEW MEXICO FUND CREATED.--
	470	+	A. The "connect New Mexico fund" is created in the
435	471		state treasury. The fund consists of appropriations, gifts,
436		-	grants and donations. Money in the fund is subject to
437		-	appropriation by the legislature to the council for the
438		-	purpose of administering the broadband grant program.
439		-	Disbursements from the fund shall be made upon warrants drawn
440		-	by the secretary of finance and administration pursuant to
441		-	vouchers signed by the chair of the council. Any unexpended
442		-	or unencumbered balance in the fund remaining at the end of
443		-	any fiscal year shall not revert to the general fund.
444		-	B. The broadband office shall implement a grant
445		-	program to develop and expand broadband infrastructure and
446		-	services and support digital inclusion; provided that the
447		-	broadband office shall each year seek to award grants for
448		-	proposals submitted by the following entities throughout the
449		-	state:
450		-	(1) local governments;
451		-	(2) state agencies;
452		-	(3) public educational institutions;
453		-	(4) tribal governments;
454		-	(5) entities created by a joint powers
455		-	agreement pursuant to the Joint Powers Agreements Act; and
456		-	(6) private entities for broadband
457		-	infrastructure to provide service primarily for residential
458		-	purposes.
459		-	C. When approving grants from the connect New HGEIC/HB 262/a
460		-	Page 10
	472	+	grants and donations. Money in the fund is [subject to
	473	+	appropriation by the legislature to the council for the purpose
	474	+	of administering the broadband grant program. Disbursements
	475	+	from the fund shall be made upon warrants drawn by the
	476	+	secretary of finance and administration pursuant to vouchers
	477	+	signed by the chair of the council ] appropriated to and shall
	478	+	be administered by the broadband office pursuant to rules
	479	+	adopted by the council pursuant to Section 63-9K-4 NMSA 1978
	480	+	for the purpose of issuing grants pursuant to Subsection B of
	481	+	this section. Any unexpended or unencumbered balance in the
	482	+	fund remaining at the end of any fiscal year shall not revert
	483	+	to the general fund.
	484	+	B. The [council] broadband council shall implement
	485	+	[the broadband] a grant program to develop and expand broadband
	486	+	.223208.2
	487	+	- 9 - underscored material = new
	488	+	[bracketed material] = delete
461	489		1
462	490		2
463	491		3
464	492		4
465	493		5
466	494		6
467	495		7
468	496		8
469	497		9
470	498		10
471	499		11
472	500		12
473	501		13
474	502		14
475	503		15
476	504		16
477	505		17
478	506		18
479	507		19
480	508		20
481	509		21
482	510		22
483	511		23
484	512		24
485	513		25
486		-	Mexico fund, the broadband office shall give consideration
487		-	to:
	514	+	infrastructure and services and support digital inclusion;
	515	+	provided that the [council ] broadband office shall each year
	516	+	seek to award grants for proposals submitted by the following
	517	+	entities throughout the state:
	518	+	(1) local governments;
	519	+	(2) state agencies;
	520	+	(3) public educational institutions;
	521	+	(4) tribal governments; [and ]
	522	+	(5) entities created by a joint powers
	523	+	agreement pursuant to the Joint Powers Agreements Act; and
	524	+	(6) private entities for broadband
	525	+	infrastructure to provide service primarily for residential
	526	+	purposes.
	527	+	C. When approving grants from the connect New
	528	+	Mexico fund, the [council ] broadband office shall give
	529	+	consideration to:
488	530		(1) the extent to which the project connects
489	531		unserved and underserved populations of New Mexico, with
490	532		priority given to projects that will connect unserved
491	533		populations;
492	534		(2) the extent to which the project meets or
493	535		exceeds the baseline standards established by the federal
494	536		communications commission;
495		-	(3) the extent to which the project
496		-	leverages existing infrastructure;
497		-	(4) the extent to which the project
498		-	complements or coordinates with the statewide broadband plan;
499		-	(5) the extent to which the project
500		-	leverages regional collaboration;
501		-	(6) the degree to which the project fosters
502		-	digital inclusion;
503		-	(7) the extent to which the project
504		-	stimulates in-state economic development, including the
505		-	creation of jobs and apprenticeships;
506		-	(8) the extent to which the project
507		-	leverages in-kind or financial support from local agencies or
508		-	entities, federal assistance funding or federal Coronavirus
509		-	Aid, Relief, and Economic Security Act, federal Consolidated
510		-	Appropriations Act, 2021 or federal American Rescue Plan Act HGEIC/HB 262/a
511		-	Page 11
	537	+	(3) the extent to which the project leverages
	538	+	existing infrastructure;
	539	+	.223208.2
	540	+	- 10 - underscored material = new
	541	+	[bracketed material] = delete
512	542		1
513	543		2
514	544		3
515	545		4
516	546		5
517	547		6
518	548		7
519	549		8
520	550		9
521	551		10
522	552		11
523	553		12
524	554		13
525	555		14
526	556		15
527	557		16
528	558		17
529	559		18
530	560		19
531	561		20
532	562		21
533	563		22
534	564		23
535	565		24
536	566		25
537		-	of 2021 funding; and
538		-	(9) for a grant award to a private entity,
539		-	the extent to which the grantee contributes matching funds or
	567	+	(4) the extent to which the project
	568	+	complements or coordinates with the statewide broadband plan;
	569	+	(5) the extent to which the project leverages
	570	+	regional collaboration;
	571	+	(6) the degree to which the project fosters
	572	+	digital inclusion;
	573	+	(7) the extent to which the project stimulates
	574	+	in-state economic development, including the creation of jobs
	575	+	and apprenticeships; [and ]
	576	+	(8) the extent to which the project leverages
	577	+	in-kind or financial support from local agencies or entities,
	578	+	federal assistance funding or federal Coronavirus Aid, Relief,
	579	+	and Economic Security Act, federal Consolidated Appropriations
	580	+	Act, 2021 or federal American Rescue Plan Act of 2021 funding;
	581	+	and
	582	+	(9) for a grant award to a private entity, the
	583	+	extent to which the grantee contributes matching funds or
540	584		in-kind support for the project, the number of existing
541	585		residences to which internet services would be made available
542	586		as a percentage of the total number of existing locations to
543		-	which internet services would be made available by the
544		-	project and the extent to which the project fosters digital
545		-	equity."
	587	+	which internet services would be made available by the project
	588	+	and the extent to which the project fosters digital equity ."
546	589		SECTION 6. Section 63-9K-7 NMSA 1978 (being Laws 2021,
547	590		Chapter 120, Section 7) is amended to read:
548	591		"63-9K-7. DATA COLLECTION--ANNUAL REPORT.--
549		-	A. By October 1 of each year, the broadband
550		-	office, in coordination with the council, shall provide to
551		-	the appropriate legislative interim committees a report on
552		-	the access to and quality of service of broadband across the
553		-	state. Information shall be provided on a county-by-county
554		-	basis.
555		-	B. The report shall contain the following
556		-	information:
557		-	(1) progress achieved toward digital equity
558		-	and digital inclusion as identified in the digital equity
559		-	analysis and plan;
560		-	(2) progress achieved on implementation of
561		-	the statewide broadband plan; HGEIC/HB 262/a
562		-	Page 12
	592	+	.223208.2
	593	+	- 11 - underscored material = new
	594	+	[bracketed material] = delete
563	595		1
564	596		2
565	597		3
566	598		4
567	599		5
568	600		6
569	601		7
570	602		8
571	603		9
572	604		10
573	605		11
574	606		12
575	607		13
576	608		14
577	609		15
578	610		16
579	611		17
580	612		18
581	613		19
582	614		20
583	615		21
584	616		22
585	617		23
586	618		24
587	619		25
	620	+	A. By October 1 of each year, the department, in
	621	+	coordination with the [council ] broadband office, shall provide
	622	+	to the appropriate legislative interim committees a report on
	623	+	the access to and quality of service of broadband across the
	624	+	state. Information shall be provided on a county-by-county
	625	+	basis.
	626	+	B. The report shall contain the following
	627	+	information:
	628	+	(1) progress achieved toward digital equity
	629	+	and digital inclusion as identified in the digital equity
	630	+	analysis and plan;
	631	+	(2) progress achieved on implementation of the
	632	+	statewide broadband plan;
588	633		(3) identified obstacles to an integrated
589	634		system of permits, licenses and rules for broadband
590		-	infrastructure across the state, including an expedited
591		-	~~review~~ process for rights of way use applications;
	635	+	infrastructure across the state, including an expedited review
	636	+	process for rights of way use applications;
592	637		(4) recommended statutory, regulatory or
593	638		policy changes and budget recommendations for the development
594	639		and expansion of broadband infrastructure and digital equity
595	640		and digital inclusion; and
596	641		(5) information on the broadband grant
597	642		program, including:
598	643		(a) a list of grant recipients;
599	644		(b) the amount and date of each grant;
	645	+	.223208.2
	646	+	- 12 - underscored material = new
	647	+	[bracketed material] = delete
	648	+	1
	649	+	2
	650	+	3
	651	+	4
	652	+	5
	653	+	6
	654	+	7
	655	+	8
	656	+	9
	657	+	10
	658	+	11
	659	+	12
	660	+	13
	661	+	14
	662	+	15
	663	+	16
	664	+	17
	665	+	18
	666	+	19
	667	+	20
	668	+	21
	669	+	22
	670	+	23
	671	+	24
	672	+	25
600	673		(c) a description of each project
601	674		funded; and
602	675		(d) a description of how each project
603	676		contributes to the statewide broadband plan and demonstrates
604	677		increased access and quality of service for the unserved and
605	678		underserved populations of New Mexico."
	679	+	- 13 -
	680	+	.223208.2