Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1176 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1176
5	5	March 22, 2024 - Introduced by Representatives SHANKLAND, RATCLIFF, JOERS,
6	6	SINICKI, STUBBS, EMERSON, BARE, MOORE OMOKUNDE and SUBECK, cosponsored
7	7	by Senators SMITH, ROYS, LARSON, L. JOHNSON and AGARD. Referred to
8	8	Committee on Energy and Utilities.
9	9	AN ACT to amend 196.504 (2) (a); and to create 20.155 (3) (g), 196.504 (1) (aa),
10	10	196.504 (2g) and 196.504 (2r) of the statutes; relating to: requirements for
11	11	broadband expansion grants, granting rule-making authority, and making an
12	12	appropriation.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill makes changes to the broadband expansion grant program
15	15	administered by the Public Service Commission. Under current law, PSC makes
16	16	grants to eligible applicants for constructing broadband infrastructure in
17	17	underserved areas. The bill defines “broadband infrastructure,” which is not defined
18	18	under current law, as infrastructure that provides broadband service at the following
19	19	speeds, whichever is faster: 1) a minimum download speed of 25 megabits per second
20	20	and a minimum upload speed of 3 megabits per second or 2) minimum download and
21	21	upload speeds designated by the Federal Communications Commission under
22	22	federal law. Under the bill, infrastructure is eligible for a broadband expansion grant
23	23	only if it satisfies the foregoing definition. The bill requires an applicant for a grant
24	24	to specify the broadband infrastructure the applicant intends to construct with a
25	25	grant and also requires a grant recipient to reimburse PSC for the grant if 1) the
26	26	person fails to complete construction of the infrastructure or 2) the infrastructure
27	27	that is constructed fails to provide the foregoing minimum download or upload
28	28	speeds. Any reimbursed amounts are used to make additional grants.
29	29	In addition, the bill requires grant recipients to submit reports to PSC on the
30	30	progress of broadband infrastructure construction, the number of broadband service
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36	36	ASSEMBLY BILL 1176
37	37	connections provided by that infrastructure, and the average download and upload
38	38	speeds for those service connections. Finally, beginning on January 1, 2025, the bill
39	39	requires the Legislative Audit Bureau to conduct biennial performance audits of the
40	40	broadband expansion grant program.
41	41	For further information see the state fiscal estimate, which will be printed as
42	42	an appendix to this bill.
43	43	The people of the state of Wisconsin, represented in senate and assembly, do
44	44	enact as follows:
45	45	SECTION 1. 20.155 (3) (g) of the statutes is created to read:
46	46	20.155 (3) (g) Broadband expansion grants; program revenue funding. All
47	47	moneys received as broadband grant reimbursements under s. 196.504 (2g) (b) for
48	48	making broadband expansion grants under s. 196.504.
49	49	SECTION 2. 196.504 (1) (aa) of the statutes is created to read:
50	50	196.504 (1) (aa) “Broadband infrastructure” means infrastructure for the
51	51	provision of broadband service at the following speeds, whichever is faster:
52	52	1. A minimum download speed of 25 megabits per second and a minimum
53	53	upload speed of 3 megabits per second.
54	54	2. The minimum upload and download speeds for advanced
55	55	telecommunications capability as designated by the federal communications
56	56	commission in its most recent inquiry regarding advanced telecommunications
57	57	capability under 47 USC 1302 (b).
58	58	SECTION 3. 196.504 (2) (a) of the statutes, as affected by 2023 Wisconsin Act 77,
59	59	is amended to read:
60	60	196.504 (2) (a) To make broadband expansion grants to eligible applicants for
61	61	the purpose of constructing broadband infrastructure in unserved areas designated
62	62	under par. (e). An eligible applicant shall specify in its application for a grant the
63	63	broadband infrastructure the applicant intends to construct with the grant. Grants
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83	83	LRB-5964/1
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85	85	SECTION 3
86	86	ASSEMBLY BILL 1176
87	87	awarded under this section shall be paid from the appropriations under ss. 20.155
88	88	(3) (g), (r), and (rm) and 20.866 (2) (z), in the amount allocated under s. 20.866 (2) (z)
89	89	5.
90	90	SECTION 4. 196.504 (2g) of the statutes is created to read:
91	91	196.504 (2g) (a) The commission shall require a person who receives a grant
92	92	under sub. (2) (a) to submit reports to the commission on the progress of construction
93	93	activities for the broadband infrastructure specified in the person's grant
94	94	application, the number of broadband service connections provided by that
95	95	infrastructure after construction is completed, and the average download and upload
96	96	speeds for those service connections.
97	97	(b) A person who receives a grant under sub. (2) (a) shall reimburse the
98	98	commission an amount equal to the grant if any of the following applies:
99	99	1. The person fails to complete construction of the broadband infrastructure
100	100	specified in the person's application under sub. (2) (a).
101	101	2. The broadband infrastructure constructed with the grant fails to provide
102	102	broadband service at speeds specified in sub. (1) (aa).
103	103	(c) The commission shall promulgate rules for submitting reports under par.
104	104	(a) and making reimbursements under par. (b). If a person fails to make a
105	105	reimbursement as required under the rules, the person is not eligible for any other
106	106	grant under sub. (2) (a).
107	107	SECTION 5. 196.504 (2r) of the statutes is created to read:
108	108	196.504 (2r) Biennially, beginning on January 1, 2025, the legislative audit
109	109	bureau shall conduct a performance evaluation audit of the broadband expansion
110	110	grant program under sub. (2) (a).
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