(Reprinted with amendments adopted on April 16, 2025)
FIRST REPRINT S.B. 93
- *SB93_R1*
SENATE BILL NO. 93–SENATOR DALY
PREFILED JANUARY 13, 2025
____________
Referred to Committee on Commerce and Labor
SUMMARY—Establishes certain labor standards for the award of
grants of federal money by a state agency for certain
purposes. (BDR 18-556)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to broadband; establishing certain requirements
for a state agency that awards grants of federal money for
the development of broadband services and infrastructure;
and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law establishes the Office of Science, Innovation and Technology in 1
the Office of the Governor and requires: (1) the Director of the Office to establish 2
and administer a program of infrastructure grants for the development or 3
improvement of broadband services for persons with low income and persons in 4
rural areas of this State; and (2) the Office to establish and administer a program to 5
encourage the deployment of broadband infrastructure in underserved communities 6
in this State. (NRS 223.600, 223.610, 223.670) Section 2 of this bill sets forth a 7
legislative declaration regarding the importance of using a well-trained workforce 8
and providing jobs to residents of this State in expending federal money to increase 9
the development of broadband services and infrastructure in this State. 10
Section 3 of this bill requires each state agency that awards grants of federal 11
money for the development of broadband services and infrastructure to: (1) 12
evaluate and assign a score to each grant application received by the state agency 13
based on the factors and relative weights assigned to each factor that the state 14
agency specified in the request for grant applications; and (2) assign a relative 15
weight of 30 percent to a grant application if the applicant submits a signed 16
certification with his or her application. Section 3 provides that the applicant must 17
certify that if the applicant or the provider of broadband services will perform some 18
or all of the work or will subcontract some or all of the work to a licensed 19
contractor, the applicant, provider or contractor: (1) is able to provide certain 20
documentation upon request, meets certain safety and training requirements, 21
provides job opportunities with high-quality wages and employs a qualified local 22
workforce; or (2) is a signatory to a collective bargaining agreement that covers all 23
– 2 –
- *SB93_R1*
non-supervisory employees directly employed by the applicant who will perform 24
any work financed in whole or in part by the grant money. 25
Section 3 further requires each state agency to include as a condition of any 26
grant award that: (1) the certification provided by the applicant is binding upon the 27
applicant that is awarded the grant money; and (2) if an applicant, provider of 28
broadband services or contractor performs certain work that requires a contractor’s 29
license, certain provisions of law governing public works apply to the work 30
performed by the subcontractor. Lastly, section 3 authorizes any state agency that 31
awards a grant of federal money for the development of broadband services and 32
infrastructure pursuant to section 3 to adopt regulations to carry out the provisions 33
of section 3. 34
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 232 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 and 3 of this act. 2
Sec. 2. The Legislature finds and declares that: 3
1. The State of Nevada is poised to see a once-in-a-generation 4
wave of federal money resulting from the passage of the 5
Infrastructure Investment and Jobs Act, Public Law 117-58, and 6
the American Rescue Plan Act of 2021, Public Law 117-2, which 7
will help to close the digital divide and increase the development of 8
broadband services and infrastructure across the State; 9
2. The State of Nevada needs to ensure that this historic 10
investment creates long-lasting broadband infrastructure that is 11
built by a well-trained workforce; 12
3. Work performed by an unqualified contractor with a 13
poorly trained workforce endangers the public and is not in the 14
best interest of the citizens of this State; and 15
4. Proper stewardship of public money will require that the 16
State of Nevada implement appropriate measures to ensure that 17
any grants of federal money awarded by this State for the 18
development of broadband services and infrastructure prioritize 19
issuing grants to applicants that will ensure the work is performed 20
safely and by a well-trained workforce and that the applicant 21
provides quality jobs to Nevada workers. 22
Sec. 3. 1. In awarding any grant of federal money for the 23
development of broadband services and infrastructure in 24
accordance with federal law, each state agency shall: 25
(a) Evaluate and assign a score to each application for the 26
grant received by the state agency based on the factors and relative 27
weights assigned to each factor that the state agency specified in 28
the request for grant applications; and 29
(b) When ranking the proposals, assign a relative weight of 30 30
percent to an application if the applicant submits a signed 31
– 3 –
- *SB93_R1*
certification attesting that the applicant meets the requirements of 1
paragraph (a) or (b) of subsection 2. 2
2. An applicant for a grant of federal money for the 3
development of broadband services and infrastructure shall 4
submit to a state agency with the application for the grant a signed 5
statement certifying that: 6
(a) If the applicant: 7
(1) Will perform some or all of the work that is financed in 8
whole or in part with the grant money or if such work will be 9
performed by a provider of broadband services, the applicant or 10
provider, as applicable, meets the requirements set forth in 11
paragraph (b) or (c); and 12
(2) Will subcontract some or all of the work that is financed 13
in whole or in part with the grant money, the subcontractor meets 14
the requirements set forth in paragraph (b) or (c); 15
(b) The applicant, provider of broadband services or 16
contractor, as applicable: 17
(1) Has a training program that is appropriate for the work 18
to be performed by the applicant, provider or contractor, as 19
applicable, and is capable of providing, upon request, 20
documentation that: 21
(I) Demonstrates that the applicant, provider or 22
contractor, as applicable, has the ability and financial means to 23
provide such a training program; 24
(II) Shows that the applicant, provider or contractor, as 25
applicable, has a recruitment policy and an equal opportunity 26
policy; 27
(III) Shows that the applicant, provider or contractor, as 28
applicable, provides, at least twice each year, information 29
concerning the content of the training program and the times at 30
which the training program is offered; and 31
(IV) Demonstrates that the applicant, provider or 32
contractor, as applicable, has actually provided the training 33
program before submitting the application; 34
(2) Requires safety training, including, without limitation, 35
an OSHA-10 course for employees and an OSHA-30 course for 36
supervisory employees, that is appropriate for the work to be 37
performed; 38
(3) Requires work performed by the applicant, provider or 39
contractor, as applicable, that is financed in whole or in part with 40
the grant money will be performed by employees who are directly 41
employed by the applicant, provider or contractor, as applicable, 42
and that such workers will receive high-quality wages that are not 43
less than the appropriate prevailing wage in the region determined 44
– 4 –
- *SB93_R1*
pursuant to NRS 338.030 and a health benefit plan for employees, 1
which includes coverage for dependents of an employee; and 2
(4) Employs a qualified local workforce of which not less 3
than 50 percent of employees are residents of this State and 4
conducts a program to promote the hiring of residents of this 5
State; or 6
(c) The applicant, provider of broadband services or contractor 7
licensed pursuant to chapter 624 of NRS that will perform some or 8
all of the work is a signatory to a collective bargaining agreement 9
that covers all non-supervisory employees directly employed by the 10
applicant, provider or contractor, as applicable, who will perform 11
any work financed in whole or in part with the grant money. 12
3. Any certification submitted by an applicant for a grant 13
pursuant to subsection 2 must be made available on the Internet 14
website of the state agency which awarded the grant. 15
4. In addition to the requirements of subsections 1 and 2 and 16
except as otherwise provided in federal law, each state agency 17
shall require as a condition of any grant of federal money for the 18
development of broadband services and infrastructure in 19
accordance with federal law that is awarded by the state agency 20
that: 21
(a) Any certification provided by the applicant pursuant to 22
subsection 2 is binding upon the applicant who is awarded the 23
grant money; and 24
(b) If an applicant, provider of broadband services or 25
contractor performs any work that requires a contractor’s license 26
issued pursuant to chapter 624 of NRS and is financed in whole or 27
in part with the grant money, the provisions of NRS 338.020 to 28
338.090, inclusive, shall apply. 29
5. If any federal statute or regulation precludes the granting 30
of federal assistance or reduces the amount of that assistance for a 31
particular grant because of the provisions of this section, the 32
provisions of this section do not apply insofar as their application 33
would preclude or reduce federal assistance for that work. 34
6. Any state agency that awards a grant of federal money for 35
the development of broadband services and infrastructure 36
pursuant to this section may adopt regulations to carry out the 37
provisions of this section. 38
7. As used in this section: 39
(a) “Health benefit plan for employees” means a health 40
benefit plan that is provided by an employer to an employee which 41
arranges for the payment of, payment for or reimbursement of any 42
of the costs of health care services. 43
– 5 –
- *SB93_R1*
(b) “OSHA-10 course” means a 10-hour course developed by 1
the Occupational Safety and Health Administration of the United 2
States Department of Labor. 3
(c) “OSHA-30 course” means a 30-hour course developed by 4
the Occupational Safety and Health Administration of the United 5
States Department of Labor. 6
(d) “State agency” means every public agency, bureau, board, 7
commission, department, division, officer or employee of the 8
Executive Department of the State Government. 9
(e) “Supervisory employee” has the meaning ascribed to it in 10
NRS 618.967. 11
Sec. 4. (Deleted by amendment.) 12
Sec. 5. 1. This section becomes effective upon passage and 13
approval. 14
2. Sections 1 to 4, inclusive, of this act become effective: 15
(a) Upon passage and approval for the purpose of adopting any 16
regulations and performing any other preparatory administrative 17
tasks that are necessary to carry out the provisions of this act; and 18
(b) On January 1, 2026, for all other purposes. 19
H