Broadband 2019 Legislation

Heather Morton 1/13/2020

Images of movies and emails going into computer monitor with a globe in front of the monitor

With roughly 9 out of 10 adults in America using the internet, many consider it to be a necessity of modern life. Because access to the internet is unavailable or inadequate in parts of the country, states and the federal government are focusing on deploying broadband—the technologies that allow internet data to be transmitted at high speeds—as universally as possible.

In the 2019 legislative session, 45 states and Puerto Rico addressed broadband in issue areas such as educational institutions and schools, dig once, funding, governance authorities and commissions, infrastructure, municipal-run broadband networks, rural and underserved communities and taxes.Thirty-one states and Puerto Rico enacted legislation or adopted resolutions.

 

 

 
2019 Broadband Legislation
State Bill Number Bill Summary Issue Area
Alabama HB 70  This bill provides a procedure for the deployment and investment of broadband infrastructure and other telecommunications
11 services near the right-of-way of railroads, including railroad crossings.
Infrastructure
Alabama

HB 400

Signed by governor May 30, 2019, Act 326

Relates to broadband services; authorizes the placement, construction, installation, operation, and use of broadband and other advanced communication capabilities and related facilities within electric easements by electric providers; authorizes electric providers to engage in, and permits electric providers to authorize others to engage in, operating broadband systems or providing broadband services through advanced communications capabilities within electric easements; grants the right to electric providers to condemn easements and rights-of-way for advanced communications capabilities; provides for the rates and the terms and conditions of access for certain pole attachments; provides for the allocation and accounting of certain costs associated with the provision of nonutility support services; and permits consents through service agreements, licenses, leases, and membership agreements to place, construct, install, operate, and use advanced communication capabilities within an electric easement.

Infrastructure, Rural and Underserved 
Alabama

SB 90
Signed by governor May 30, 2019, Act 327

Amends §§41-23-212, 41-23-213 and 41-23-214, Code of Alabama 1975, to change the definition of an “unserved area”, increases the percentage of project costs that may be funded through the Act, and to broaden the permitted use of other federal and state support, including loans and grants, in projects receiving grants under the Act.

Infrastructure, Governance, Rural and Underserved
Alabama  SB 159

This bill provides a procedure for the deployment and investment of broadband infrastructure and other telecommunications services near the right-of-way of railroads, including railroad crossings.

Infrastructure
Alabama SJR 92
Signed by governor June 4, 2019, Act 353
Establishes an Advanced Small Wireless Facilities Deployment Task Force.  Governance, Infrastructure
Alaska  HB 75 Relates to funding for Internet services for school districts; relates to the Alaska higher education investment fund. Education, Funding, Schools 
Alaska  HB 166 Changes the definition of an unserved area; increases the percentage of project costs that may be funded through the Act; broadens the permitted use of federal support, including loans and grants, in projects receiving grants under the Act. Infrastructure, Rural and Underserved 
Alaska  SB 74 Relates to funding for internet services for school districts  Education, Funding, Schools
Alaska  SB 81 Relates to electric and telephone cooperatives; relates to telephone service and related telecommunications services. Infrastructure, Rural and Underserved
Arizona None    
Arkansas HB 1826
Signed by governor April 8, 2019, Act 792
Amends the law concerning the state broadband manager; provides that the governor shall designate the manager. Governance
Arkansas HB 1874
Signed by governor April 8, 2019, Act 797
Establishes the Small Wireless Facility Deployment Act in order to develop strong wireless and broadband communications networks throughout the state. Infrastructure
Arkansas SB 150
Signed by governor Feb. 26, 2019, Act 198 
Amends the Telecommunications Regulatory Reform Act; provides additional access to Federal Communications Commission defined broadband service; provides that after reasonable notice to the public, a government entity may, on its own or in partnership with a private entity, apply for funding under a program for grants or loans to be used for the construction, acquisition, or leasing of facilities, land, or buildings used to deploy broadband service in unserved areas. Municipal
Arkansas SB 602
Signed by governor April 15, 2019, Act 999
Establishes the Small Wireless Facility Deployment Act. Infrastructure
Arkansas SB 683
Signed by governor April 17, 2019, Act 1091
Abolishes the State Broadband Council, the State Youth Suicide Prevention Task Force, the Grade A Milk Program Advisory Committee, and the Prairie Grove Battlefield State Park Advisory Commission. Governance
California AB 417
Vetoed by governor Oct. 12, 2019
Enacts the Agriculture and Rural Prosperity Act. Authorizes the Secretary of Food and Agriculture to carry out various activities to support rural communities and further the development of rural agricultural economies in California, including, among other things, consulting with government agencies and members of the public and private sectors to identify opportunities and partnerships to further the development of rural agricultural economies, and disseminating information on the department's website. Rural and Underserved 
California AB 488
Signed by governor Oct. 2, 2019, Chapter 426

Existing law establishes the California Broadband Council in state government for the purpose of promoting broadband deployment in unserved and underserved areas of the state and broadband adoption throughout the state, imposes specified duties on the council relating to that purpose, and specifies the membership of the council. Adds the secretary of Food and Agriculture, or the secretary's designee, the state librarian, or the librarian's designee, and the governor's tribal advisor, or the advisor's designee, to the membership of the council.

Governance, Rural and Underserved 
Colorado SB 107
Signed by governor June 3, 2019, Chapter 424
Authorizes an electric utility or other electricity supplier to install and maintain above ground broadband internet service infrastructure for internal use, for external use in providing broadband internet service, or for lease of any excess capacity to a broadband internet service provider; authorizes a provider to enter into a contract with a landowner to access an electric utility's existing easement on the landowner's private property if certain conditions are met; provides definitions. Infrastructure, Rural and Underserved 
Connecticut HB 5745
Failed Joint Favorable deadline April 1, 2019
Concerns the creation of enterprise funds for municipal broadband services; allows municipalities to create enterprise funds for municipal broadband services. Funding, Municipal
Connecticut HB 6424
Failed Joint Favorable deadline March 21, 2019
Requires the Public Utilities Regulatory Authority to develop standards for the process for attaching equipment to utility poles for owners of utility poles and people who occupy and use utility poles. Infrastructure
Connecticut HB 6838
Failed Joint Favorable deadline March 21, 2019
Specifies that municipalities may use a municipal gain to provide broadband Internet access service to the public either directly or through a third party provider. Municipal
Connecticut HB 7152
Signed by governor July 9, 2019, Public Act 19-163

This act establishes a seven-member Council on 5G Technology and tasks it with (1) reviewing requests from wireless carriers and other permitted entities to place personal wireless service facilities (e.g., cell towers) and small wireless (i.e., “small cell”) facilities on certain state-owned real property and (2) determining which state-owned properties may be made available for these facilities. Among other things, the council must (1) adopt guidelines for safely placing the facilities and protecting open space land and (2) perform due diligence in reviewing the requests. If the council approves a request, it must submit the approved request to the applicable state agency, which then must execute a telecommunications license agreement (which the act requires to be developed) with the approved carrier or entity. The act exempts from the council’s jurisdiction properties owned by the Department of Energy and Environmental Protection (DEEP) and certain properties owned by the Department of Transportation (DOT). It establishes separate processes for wireless carriers and permitted entities to request using these properties to site their wireless facilities. The act requires the Office of Policy and Management (OPM) and certain other state agencies to jointly develop licensing agreements, forms, and fee structures for placing wireless facilities on state-owned property. The act also specifies that it does not supersede existing rules and requirements requiring the review and approval of permits for proposed personal wireless service facilities under the Public Utilities Regulatory Authority’s (PURA) and the Connecticut Siting Council’s jurisdiction. Lastly, the act requires OPM, in consultation with PURA and certain other state agencies, to work with municipalities and wireless industry representatives to encourage establishing a streamlined process for siting small wireless facilities on municipal property. OPM must submit its recommendations for establishing this process to the Energy and Technology Committee by Jan. 30, 2020.

Infrastructure
Connecticut SB 221
Failed Joint Favorable deadline March 21, 2019
Studies how to give access to higher speed internet service to businesses and residents of the state. High Speed
Connecticut SB 846

This bill requires the Public Utilities Regulatory Authority (PURA) to adopt regulations establishing a process for public utility pole attachments, including fifth-generation telecommunications infrastructure (i.e., 5G) and fiber wires for high-speed broadband Internet infrastructure. Existing law gives municipalities the right to occupy and use, at no cost, one gain (i.e., location to place a wire) on each utility pole for any purpose. In 2018, a PURA decision held that municipalities may not use this gain to provide broadband services, either directly or through a commercial arrangement with a third party. The bill reverses, in part, PURA’s decision by allowing municipalities to provide broadband Internet service, either directly or through commercial arrangements with third parties. However, under the bill, if a municipality sells its right to occupy and use the gain to a third party, private, for-profit company, the company must pay any public utility pole administration or attachment fees that would apply if the company were not using the municipal gain. The bill also allows municipalities to establish and administer an “Enterprise Fund for Municipal Broadband Services” as a separate, nonlapsing enterprise fund to receive any revenues related to the use, operation, and management of municipal broadband services, among other things.

Infrastructure, Municipal
Delaware None     
District of Columbia None    
Florida HB  671
Died in committee May 3, 2019
Relates to regional rural development grants; defines the term regional economic development organization; specifies that the concept of building the professional capacity of a regional economic development organization includes the hiring of professional staff to perform specified services. Funding, Rural and Underserved 
Florida HB 693
Laid on table May 1, 2019
Relates to communications services; reduces the communications services tax rate levied on sales of communications services; revises the authority for municipalities and counties to impose permit fees on providers of communications services that use or occupy municipal or county roads or rights of way; deletes the procedures, requirements, and limitations with respect to such fees; conforms provisions to changes made by the act. Taxes
Florida SB 596
Died in messages May 3, 2019
Relates to regional rural development grants; defines the term regional economic development organization; specifies that the concept of building the professional capacity of a regional economic development organization includes the hiring of professional staff to perform specified services; provides that matching grants may be used to provide technical assistance to local governments and economic development organizations and to existing and prospective businesses. Funding, Rural and Underserved 
Florida SB 1000
Signed by governor June 25, 2019, Chapter 131
Relates to communications services; specifies limitations and prohibitions on municipalities and counties relating to registrations and renewals of communications service providers; authorizes municipalities and counties to require certain information as part of a registration; prohibits municipalities and counties from requiring a payment of fees, costs, or charges for provider registration or renewal; specifies limitations on municipal and county authority to regulate rights of way.  
Georgia HB 22 Relates to public utilities and public transportation, so as to specifically authorize telephone cooperatives and their broadband affiliates to provide broadband services; provides for definitions; authorizes certain financing and partnerships for the provision of broadband services; provides for related matters; provides for an effective date; repeals conflicting laws. Infrastructure, Rural and Underserved 
Georgia HB 23
Passed House Feb. 11, 2019
Relates to public utilities and public transportation, so as to specifically authorize electric membership corporations and their affiliates to provide broadband services; provides for definitions; authorizes certain financing and partnerships for the provision of broadband services; prohibits cross‑subsidization between the provision of broadband services and an electric membership corporation's natural gas activities or electricity services activities; provides for related matters. Infrastructure, Rural and Underserved 
Georgia HB 100 Relates to public utilities and public transportation; authorizes electric membership corporations and their affiliates to provide broadband services; provides for definitions; authorizes certain financing and partnerships for the provision of broadband services; prohibits cross‑subsidization between the provision of broadband services and an electric membership corporations natural gas activities or electricity services activities; provides for related matters. Infrastructure, Rural and Underserved 
Georgia HB 184
Passed House Feb. 14, 2019
Enacts the Streamlining Wireless Facilities and Antennas Act; streamlines the deployment of wireless broadband in the public rights of way; addresses any perceived conflicts between this Act and Chapter 66B of Title 36; provides that nothing in this Act relieves any person of any duties provided for in Chapter 9 of Title 25; provides for related matters; provides for effective dates; repeals conflicting laws. Infrastructure
Georgia HB 244 Relates to corporate purposes and powers of electric membership corporations; requires electric membership corporations to comply with certain requirements in determining the rates for attachments to utility poles by communications service providers; provides for definitions; provides for related matters; repeals conflicting laws. Infrastructure, Rural and Underserved 
Georgia HB 428 Relates to local government and revenue and taxation, respectively, so as to provide for state and local excise taxes on communications services and to eliminate certain other state or local taxes, charges, or fees related to such services; provides for procedures, conditions, and limitations; exempts certain broadband equipment from sales and use tax; provides for powers, duties, and authority of the Department of Revenue and the state revenue commissioner; provides for definitions. Taxes
Georgia HB 499
Passed House March 5, 2019
Relates to electric membership corporations and foreign electric cooperatives, so as to permit the use of electric easements for broadband services; provides for legislative findings and declarations as to certain utility easements. Infrastructure, Rural and Underserved 
Georgia SB 2
Signed by governor April 26, 2019, Act 51
Relates to electrical service, so as to allow electric membership corporations to engage in certain activities in order to facilitate the provision of broadband services; authorizes electric membership corporations and their affiliates to provide broadband services; authorizes certain financing and partnerships for the provision of broadband services; provides certain rights, powers, and benefits to broadband affiliates of electric membership corporations. Infrastructure, Rural and Underserved 
Georgia SB 17
Signed by governor April 26, 2019, Act 52
Relates to public utilities and public transportation, so as to specifically authorize telephone cooperatives and their broadband affiliates to provide broadband services; provides for definitions; authorizes certain financing and partnerships for the provision of broadband services; provides for related matters; provides for an effective date; repeals conflicting laws. Infrastructure, Rural and Underserved 
Georgia SB 66
Signed by governor April 26, 2019, Act 53
Enacts the Streamlining Wireless Facilities and Antennas Act; streamlines the deployment of wireless broadband in the public rights of way; addresses any perceived conflicts between this Act and Chapter 66B of Title 36; provides that nothing in this Act relieves any person of any duties provided for in Chapter 9 of Title 25; provides for related matters; provides for effective dates; repeals conflicting laws. Infrastructure
Guam Not available    
Hawaii HB 58 Short form bill relating to broadband.  
Hawaii HB 152 Short Form Bill relating to broadband communications.  
Hawaii HB 533
To conference committee April 23, 2019,
Establishes the Broadband Office within the Technology Development Corporation; establishes the position of State Broadband Strategy Officer; renames the Broadband Assistance Advisory Council to the Broadband Advisory Council; requires the CEO of the Corporation to convene and chair the Broadband Advisory Council; appropriates funds. Governance
Hawaii HB 821
Passed House March 5, 2019
Requires the Hawaii technology development corporation to seek to establish a public‑private partnership to plan, build, and manage key strategic broadband infrastructure and attract cloud based companies; makes an appropriation for the Hawaii broadband initiative and to establish an open access, carrier neutral cable landing station. Infrastructure
Hawaii HB 1062
To conference committee April 18, 2019
Establishes a broadband infrastructure grant program to be administered by the Department of Business, Economic Development, and Tourism. Funding, Infrastructure
Hawaii HB 1156 Establishes the Broadband Service Infrastructure Grant Program; awards grants to applicants to extend deployment of facilities used to provide broadband service to unserved and underserved areas of the state; makes an appropriation. Funding, Rural and Underserved 
Hawaii

HCR 197

HR 178

Requests a study that summarizes the published reports and studies on the effects of 5G wireless technology on biological life. Infrastructure
Hawaii SB 218 Requires the State Technology Development Corporation to establish a public private partnership to plan, build, and manage key strategic broadband infrastructure and attract cloud based companies to the state; makes an appropriation. Funding, Infrastructure
Hawaii SB 553
Passed Senate March 5, 2019
Facilitates the deployment of broadband service infrastructure in unserved and underserved areas by identifying and addressing remaining obstacles to full deployment of broadband infrastructure to all areas; establishes the broadband service infrastructure grant program to award grants to applicants to extend deployment of facilities used to provide broadband service to unserved and underserved areas of the State. Funding, Infrastructure, Rural and Underserved 
Hawaii SB 990
To conference committee April 15, 2019
Requires the Department of Business, Economic Development, and Tourism to engage a consulting firm to conduct a study to evaluate policies and organizational changes needed within the Department that will enable the state to successfully execute a technology based economic development strategy; appropriates funds.  
Idaho SB 1132 Amends existing law to provide for broadband service; provides a certain exemption for a nonprofit corporation.  
Illinois HB 62
Signed by governor June 28, 2019, Act 29
Appropriates funds from the General Revenue Fund to the Central Economic Development Authority for upcoming fiscal year ordinary and contingent expenses. Funding
Illinois HB 489 Amends the Broadband Access on Passenger Rail Law; makes a technical change in a section concerning the short title.  
Illinois HB 723 Amends the Broadband Advisory Council Act; makes a technical change in a section concerning the short title. Governance
Illinois HB 2220 Amends the Highway Code; provides that upon receipt of an application, consent to use a highway may be granted to any communications provider issued a certificate of public convenience and necessity from the Commerce Commission; provides requirements for communications provider use of a highway right of way if the highway authority does not have fee ownership of the property to be used; defines communications provider. Dig Once 
Illinois HB 3492 Creates the Low Income Broadband Assistance Program; requires the Department of Commerce and Economic Opportunity to establish an Low Income Broadband Assistance Program to ensure the availability and affordability of broadband service to low income families; provides that the Department shall coordinate with Local Administrative Agencies to determine eligibility for the Program, provided that eligible income shall be no more than 135% of the federal poverty level.  
Illinois SB 741 Amends the Broadband Access on Passenger Rail Law; makes a technical change in a section concerning the short title.  
Illinois SB 801  Amends the Broadband Access on Passenger Rail Law; makes a technical change in a section concerning the short title.  
Illinois SB 810 Amends the Broadband Access on Passenger Rail Law; makes a technical change in a section concerning the short title.  
Illinois SB 1237 Amends the Highway Code; provides that upon receipt of an application, consent to use a highway may be granted to any communications provider issued a certificate of public convenience and necessity from the Commerce Commission; provides requirements for communications provider use of a highway right‑of‑way if the highway authority does not have fee ownership of the property to be used; defines communications provider. Dig Once 
Illinois SB 1843 Amends the Broadband Advisory Council Act; makes a technical change in a section concerning the short title. Governance
Illinois SB 2268 Amends the Public Utilities Act; provides that cable or video providers shall cease charging customers for modems and routers, whether rented together or separately, when the customer has paid to the provider the wholesale cost of the modem or router, or modem and router if rented together, plus a reasonable mark‑up not to exceed 5% of the modem, router, or modem and router wholesale cost to the provider.  
Indiana HB 1395

Provides that the Indiana utility regulatory commission (IURC) may adopt rules necessary to administer the Indiana universal service fund (IUSF), including rules to: (1) adjust the amount of the surcharge percentage required to be collected by communications service providers and remitted to the IUSF; and (2) establish the types of communications service providers that are required to assess a surcharge for remittance to the IUSF. Provides that the IURC may, to the extent not prohibited by federal law, require a provider of interconnected VoIP service to collect and remit to the IUSF a surcharge on the provider's revenue Broadband development. Provides that the Indiana utility regulatory commission (IURC) may adopt rules necessary to administer the Indiana universal service fund (IUSF), including rules to: (1) adjust the amount of the surcharge percentage required to be collected by communications service providers and remitted to the IUSF; and (2) establish the types of communications service providers that are required to assess a surcharge for remittance to the IUSF. Provides that the IURC may, to the extent not prohibited by federal law, require a provider of interconnected VoIP service to collect and remit to the IUSF a surcharge on the provider's revenue from intrastate use of the provider's interconnected VoIP service. Provides that a communications service provider, including a provider of broadband service through fiber optic cable, has access to public rights-of-way as a public utility for purposes of federal law exempting public utilities from payment of fair market value for use of public rights-of-way acquired with federal mass transportation funds. Allows use of the I-Light network for provision of communications service to unserved areas, subject to rules adopted by the office of community and rural affairs to: (1) define unserved areas for purposes of the rules; and (2) establish an application process to receive and evaluate proposals by communications service providers for use of I-Light to provide communications service to unserved areas. Provides that a fee owner of a right-of-way or a possessor of an easement: (1) is not entitled to compensation; (2) may not charge a fee of any kind; and (3) may not unreasonably deny authorization; for construction, operation, or maintenance of infrastructure by public and municipally owned utilities, including communications service providers, to the extent that the construction, operation, or maintenance does not interfere with the ordinary and normal use of the right-of-way or easement. Provides that the department of transportation, when issuing a permit for excavation or obstruction of a street, highway, or right-of-way: (1) may not require provision of a bond or cash deposit in an amount greater than $10,000 for each area designated in the permit; and (2) must accept a blanket bond in satisfaction of the bond requirement. Makes a technical correction.

Rural and Underserved 
Indiana HB 1624 Establishes the Information Technology Oversight Committee. Governance
Indiana SB 460
Signed by governor May 2, 2019, Public Law 189

Establishes the rural broadband fund for the purpose of awarding grants: (1) before August 1, 2019, under the existing statute governing grants for qualified broadband projects for unserved areas in Indiana; and (2) after July 31, 2019, under new procedures governing grants for eligible broadband projects for rural areas in Indiana. Requires the office of community and rural affairs (office) to establish procedures for the awarding of grants from the fund after July 31, 2019, by state agencies to eligible broadband service providers for eligible broadband projects in rural areas of Indiana. Provides that the procedures established by Broadband development. Establishes the rural broadband fund for the purpose of awarding grants: (1) before Aug. 1, 2019, under the existing statute governing grants for qualified broadband projects for unserved areas in Indiana; and (2) after July 31, 2019, under new procedures governing grants for eligible broadband projects for rural areas in Indiana. Requires the office of community and rural affairs (office) to establish procedures for the awarding of grants from the fund after July 31, 2019, by state agencies to eligible broadband service providers for eligible broadband projects in rural areas of Indiana. Provides that the procedures established by the office must establish specified priorities for the awarding of grants, based on the available Internet speeds in a particular area. Provides that the procedures established by the office may not permit the awarding of a grant from the fund for any proposed broadband project in an area in which eligible broadband service is available. Provides that the procedures established by the office may not permit the office to award a grant from the fund for any project in a rural area for which funding has been allocated from certain federal funding programs. Provides that the procedures established by the office must establish a system of priorities for awarding grants, weighted as determined by the office in guidelines adopted by the office, that gives preference to eligible broadband projects that meet certain specified criteria. Requires an eligible broadband service provider awarded a grant to sign with the office a grant agreement that: (1) outlines a start date and an end date for completion of the project; and (2) conditions the release of any grant funds on the progressive completion of the project. Beginning in 2020, requires the office to submit to the general assembly an annual report on the awarding of grants under these procedures during the most recent state fiscal year. Provides that every three years, beginning in 2021, the state board of accounts shall conduct an audit of the awarding of grants from the fund during the most recent three state fiscal years. Provides that a communications service provider that holds a certificate of territorial authority shall be designated as a public utility solely as that term is used in federal law that allows a state to exempt a public utility from the federal law's requirement that the state must charge fair market value for the use of real property acquired by the state using federal transportation funding. Provides that the department of transportation (INDOT) may not charge an access rate or any other recurring charge or recurring fee for communications infrastructure that is located before May 1, 2019, in any rights-of-way that are owned or controlled by INDOT. Specifies that INDOT may charge routine right-of-way permit fees to enter INDOT's rights-of-way for the maintenance of existing facilities. Provides that the department may create a broadband corridor program to manage communications infrastructure along or within limited access highway rights-of-way. Specifies that for purposes of the broadband corridor program, "communications infrastructure" does not include privately owned vertical structures used primarily for providing wireless communications service. Provides that: (1) INDOT may not unreasonably discriminate among entities requesting access to broadband corridors or other INDOT controlled rights-of-way; and (2) the bill's provisions prohibiting INDOT from discriminating among such entities do not abrogate or limit INDOT's statutory authority to safely and efficiently manage and operate the state highway system and associated highway rights-of-way. Provides that, before July 1, 2020, INDOT shall adopt rules to provide that, as used throughout the department's administrative code regarding utility facility relocation for purposes of construction contracts, "utility" has the meaning set forth in federal law concerning utility relocations, adjustments, and reimbursement.

Funding, Rural and Underserved 
Indiana SB 461

Provides that a state agency that awards a grant to a broadband service provider for purposes of extending broadband service to unserved areas must follow procedures established and guidelines adopted by the office of community and rural affairs for the award of such grants. Provides that a state agency may not award a grant of more than $5,000,000 for any one qualified broadband project. Establishes the rural broadband fund (fund) for the purpose of awarding grants for funding of deployment of broadband infrastructure in unserved areas. Provides that the office of community and rural affairs may make Broadband development funding. Provides that a state agency that awards a grant to a broadband service provider for purposes of extending broadband service to unserved areas must follow procedures established and guidelines adopted by the office of community and rural affairs for the award of such grants. Provides that a state agency may not award a grant of more than $5,000,000 for any one qualified broadband project. Establishes the rural broadband fund (fund) for the purpose of awarding grants for funding of deployment of broadband infrastructure in unserved areas. Provides that the office of community and rural affairs may make grants from the fund for the purpose of awarding grants for funding of deployment of broadband infrastructure in unserved areas. Makes technical corrections.

Funding, Rural and Underserved 
Indiana SB 526

Defines a "qualified broadband project" as a project for the deployment of broadband infrastructure to provide broadband service for connections to the Internet at specified speeds, regardless of the delivery technology, in unserved areas in Indiana. Defines an "unserved area" as a geographic area of Indiana in which there is not at least one provider of terrestrial broadband service at the designated speeds. Provides that after June 30, 2019, the following apply with respect to grants made by state agencies (awarding agencies) for broadband infrastructure: (1) An awarding agency may not award a Use of state funds for broadband projects. Defines a "qualified broadband project" as a project for the deployment of broadband infrastructure to provide broadband service for connections to the Internet at specified speeds, regardless of the delivery technology, in unserved areas in Indiana. Defines an "unserved area" as a geographic area of Indiana in which there is not at least one provider of terrestrial broadband service at the designated speeds. Provides that after June 30, 2019, the following apply with respect to grants made by state agencies (awarding agencies) for broadband infrastructure: (1) An awarding agency may not award a new state broadband grant unless the grant is for a qualified broadband project. (2) An awarding agency may allocate or release state funds for a state broadband grant awarded to a recipient before July 1, 2019, subject to certain conditions. (3) In awarding a new state broadband grant, an awarding agency must either: (A) evaluate all grant applications and determine all grant recipients and award amounts in accordance with the criteria set forth in the statute authorizing the office of community and rural affairs (office) to award broadband grants for qualified broadband service in unserved areas; or (B) submit all grant applications received to the office for: (i) evaluation; and (ii) the determination of grant recipients and award amounts, or the recommendation of grant recipients and award amounts; in accordance with the criteria set forth in the statute. Sets forth requirements for: (1) an awarding agency that elects to perform its own evaluations and determinations with respect to the agency's state broadband grants; and (2) an agency that elects to submit its grant applications to the office for: (A) evaluation; and (B) the determination or recommendation of grant recipients and award amounts. Makes a conforming amendment to the definition of "broadband services" set forth in the statute concerning the broadband ready communities development center.

Funding, Rural and Underserved 
Indiana SB 617

Provides that the office of community and rural affairs (office) may award a grant from the rural economic development fund to an Internet service provider (ISP) that provides Internet service with a transmission speed of: (1) not less than 3 megabits per second upstream; and (2) not less than 25 megabits per second downstream; in an unserved area. Provides that the amount of the grant is equal to $750 for each customer in an unserved area who subscribes to the ISP's broadband Internet service for one year under subscription terms established by the office, subject to reporting Broadband access grants. Provides that the office of community and rural affairs (office) may award a grant from the rural economic development fund to an Internet service provider (ISP) that provides Internet service with a transmission speed of: (1) not less than 3 megabits per second upstream; and (2) not less than 25 megabits per second downstream; in an unserved area. Provides that the amount of the grant is equal to $750 for each customer in an unserved area who subscribes to the ISP's broadband Internet service for one year under subscription terms established by the office, subject to reporting and verification rules developed by the office and approved by the state director of broadband opportunities.

Funding, Rural and Underserved
Iowa HF 772
Signed by governor May 20, 2019
Creates an Empower Rural Iowa Act to provide incentives for broadband development and workforce housing. Funding, Rural and Underserved 
Iowa SF 8 Provides for the sale or lease of the state communications network. Municipal
Iowa SF 625
Substituted by HF 772
Creates an Empower Rural Iowa Act to provide incentives for broadband access. Funding, Rural and Underserved 
Kansas None    
Kentucky  HB 187 Creates a new section of KRS Chapter 132 to exempt property used in the deployment of advanced broadband technologies from state and local ad valorem tax for tax years beginning on or after Jan. 1, 2019, but prior to Jan. 1, 2023; adds a purpose statement; requires reporting by the taxpayer and the Department of Revenue; amends KRS 132.010 to define property used in the deployment of advanced broadband technologies; amends KRS 131.190 to allow reporting by the Department of Revenue to the Legislative Research Commission Taxes
Kentucky  HB 509 Increases the amount of bonding and clarifies the form of bonds issued for certain projects. Governance
Kentucky  SB 253 Relates to broadband services; makes a technical correction.  
Louisiana SR 177
Adopted May 30, 2019
Creates the Task Force on Access to Broadband High Speed Internet Service. High Speed, Rural and Underserved 
Maine LD 147
Signed by governor April 23, 2019, Public Chapter 52
Amends the Telecommunications Education Access Fund to specify that the use of the fund for Internet access includes mobile Internet access through a portable wireless access point, or hotspot, that provides Internet access over a cellular network; provides support for qualified libraries in rural areas with greatest need, as determined in consultation with the State Librarian, the Commissioner of Education, and the ConnectME Authority. Funding, Rural and Underserved 
Maine LD 172 Provides funds through the Maine Technology Institute to allow municipalities to invest in smart and connected infrastructure, technology, and capacity, including but not limited to, information and communications technology such as broadband connectivity, connected sensors, and data aggregation platforms, light‑emitting diode lighting, adaptive traffic control signals, and autonomous vehicle projects. Funding
Maine LD 173 Promotes economic development and critical communications for family farms, businesses and residences by strategic public investment in high‑speed internet. Funding, Governance, High Speed, Rural and Underserved 
Maine LD 224 Provides funds to the ConnectME Authority to be used to provide grants to municipalities for high speed broadband infrastructure development and improvement. Funding, Governance, Municipal
Maine LD 295 Provides funds to be used for the provision of broadband Internet service in unserved and underserved areas through ConnectME Authority grants to partnerships between private, municipal, and nongovernmental service providers. Funding, Governance, Rural and Underserved 
Maine LD 354 Provides funds to be used for encouraging the provision of reliable high speed Internet in rural underserved areas of the state. Funding, High Speed, Rural and Underserved 
Maine LD 854
Signed by governor June 10, 2019, Public Chapter 260
Expands the allowable use of tax increment financing to include development, expansion or improvement of broadband services, including connecting to broadband service outside the tax increment financing district. Funding, Rural and Underserved , Taxes
Maine LD 1063
Signed by governor May 14, 2019, Public Chapter 108
Recognizes broadband Internet as a public necessity; designates a community broadband system or part of that system as a revenue producing municipal facility; allows a municipality to construct, maintain and operate a municipal or multimunicipal system composed of infrastructure capable of being utilized by communications service providers for the provision of communications services; prohibits a municipality from providing retail communications services through community broadband systems. Municipal
Maine LD 1123 Amends the laws governing development districts designated by a municipality or plantation to provide that costs associated with broadband and fiber optics expansion projects, including preparation, planning, engineering, and other related costs in addition to the construction costs of such projects, whether or not such expansion projects serve residential or business areas within the municipality or plantation are authorized project costs. Infrastructure
Maine LD 1192
Signed by governor May 16, 2019, Public Chapter 127
Amends the Utilities Laws to provide access by municipalities to facilities located in the municipal right of way in the interest of public health, safety, and welfare; establishes the preservation of space for municipal attachments to shared use poles by exempting municipalities from expenses assessed by joint use entities when the attachment is made for any purpose; provides definitions. Infrastructure
Maine LD 1248
Adopted without governor's signature May 21, 2019, Resolve Chapter 33
Directs the ConnectME Authority to report to the Joint Standing Committee of the Legislature having jurisdiction over energy, utilities, and technology matters, outlining the progress of the Authority in meeting the goals of its detailed Strategic Plan for Broadband Service. Governance
Maine LD 1563 Encourages the development of broadband coverage in rural Maine. Funding, Rural and Underserved 
Maine LD 1651 This bill creates requirements that a municipality must meet in order to provide broadband service to its residents. It requires the completion of a feasibility study and requires the municipality to hold a referendum to decide whether the municipality may offer broadband service. It includes general operation limitations, including those related to the establishment of rates, the use of subsidization and the use of eminent domain. It requires the adoption of ordinances relating to service quality and enforcement by a municipality that elects to provide broadband service. It also removes antitrust liability protections from a municipality as those protections relate to the municipality's offering broadband service. The bill also requires that in order to receive any grants from the ConnectME Authority, the municipality must show evidence of compliance with the requirements of the Maine Revised Statutes, Title 35-A, chapter 94. Municipal
Maine LD 1742 Facilitates the deployment of broadband infrastructure in unserved areas of this state by establishing the Broadband Infrastructure Grant Program under the ConnectME Authority, to award grants to applicants for the purpose of extending deployment of facilities used to provide broadband service to unserved areas of the state and, thus, to encourage new investment in broadband service infrastructure. Funding, Governance, Rural and Underserved 
Maine LD 1848, First Special Session Authorize a General Fund Bond Issue to provide broadband internet infrastructure in unserved and underserved areas of the state, maintenance and improvement of the National Guard armories, readiness centers and support facilities, and capital improvements and equipment purchases for career and technical education centers. Funding, Rural and Underserved 
Maryland HB 654
SB 937
Establishes procedures and requirements for the deployment, installation, and regulation of certain wireless telecommunications facilities in the State; prohibits an authority from entering into an exclusive agreement for the use of certain rights‑of‑way for certain purposes; authorizes an authority to impose certain rates and fees for use of certain rights‑of‑way in a certain manner and subject to certain limitations. Infrastructure
Maryland HB 1310
SB 720
Establishes the damages to be awarded for a certain taking of land or an interest in land subject to a utility easement where that easement is being used for providing broadband telecommunication services; requires certain damages to be computed at the time of taking and shall not accrue over time; prohibits evidence of revenues or profits derived by a utility from providing broadband services from being used for certain purposes.  
Maryland HB 1357
SB 634
Signed by governor April 30, 2019, Chapter 277
Authorizes an electric cooperative to construct, maintain, or operate or allow others to construct, maintain, or operate conducting or communications facilities for telecommunications and broadband Internet services along, on, under, or across various types of property. Infrastructure, Rural and Underserved 
Maryland HB 997
Became law without governor's signature May 25, 2019, Chapter 709 
SB 259
Became law without governnor's signature May 25, 2019, Chapter 710
Authorizes Cecil County, for the purpose of providing internet service, to exercise certain authority in the entirety of the unincorporated area of the county, establish a special taxing district if property owners in the proposed district petition the county in a certain manner, impose ad valorem or special taxes, and issue bonds in accordance with certain provisions of law. Funding, Taxes
Massachusetts HB 1874 Relates to the purchase and installation of wireless internet service in schools and public institutions of higher education. Education
Massachusetts HB 2882 Relates to the speed of Internet access plans.  
Massachusetts HB 2885 Establishes a special commission to study the environmental and health effects of evolving 5G technology. Infrastructure
Massachusetts HB 2892 Relates to the establishment of a special commission to examine the state of the advanced telecommunications broadband industry in the Commonwealth. Education, Governance, Rural and Underserved 
Massachusetts HB 3802 Relates to low-cost internet service.  
Massachusetts SB 207 Ensures safer technology investment by the Massachusetts Broadband Institute. Funding, Governance
Massachusetts SB 1964 Relates to the establishment of a special commission for the promotion of a Massachusetts broadband competitive marketplace. Education, Governance, Rural and Underserved 
Massachusetts SB 1982  Relates to wifi and cellular infrastructure along rail lines. Infrastructure
Michigan HB 4268 Exempts eligible broadband equipment from personal property tax. Taxes
Michigan HB 4288 Provides for broadband funding. Funding, Rural and Underserved 
Michigan SB 163 Creates an exemption for eligible broadband equipment from personal property tax. Taxes
Minnesota HF 7
SF 9
Makes an appropriation to the commissioner of Employment and Economic Development for deposit in the Broadband Fund account. Funding, Rural and Underserved 
Minnesota HF 376
SF 807
Relates to telecommunications; appropriates money for a grant to extend an existing broadband network. Funding, Rural and Underserved 
Minnesota HF 752 Relates to telecommunications; appropriates money to the broadband grant program. Funding, Rural and Underserved 
Minnesota HF 1137
SF 1336
Relates to telecommunications; appropriates money to the broadband grant program. Funding, Rural and Underserved 
Minnesota HF 1178
SF 2414
Relates to education finance; increases funding for school district and library telecommunications purposes; requires a report; appropriates money. Education, Funding
Minnesota HF 1657
SF 1684
Relates to local government; authorizes the city of Scandia to create a subordinate service district in order to provide broadband service. Municipal
Minnesota HF 2355
SF 1507
Relates to telecommunications; establishes an unserved areas broadband development pilot program; appropriates money. Funding, Rural and Underserved 
Minnesota HF 2419 Relates to economic development; appropriates money for a pilot grant program to support broadband connections for coworking spaces; requires reports. Funding, Rural and Underserved 
Minnesota HF 2516
SF 628
Relates to education finance; increases state aid for school district telecommunications projects; modifies the calculation of telecommunications equity access aid for public and nonpublic schools; appropriates money. Education, Funding, Schools
Minnesota SF 1231 Relates to telecommunications; appropriates money for the broadband grant program. Funding, Rural and Underserved 
Minnesota SF 2622 Relates to economic development; modifies the border to border broadband development grant program. Funding, Rural and Underserved 
Minnesota SF 2739 Relates to telecommunications; amends broadband definitions.  
Minnesota SF 2846 Relates to broadband; modifies the border‑to‑border broadband development grant program. Funding, Rural and Underserved 
Minnesota HF 7, First Special Session
SF 1, First Special Session
Relates to state government; establishes a budget for the Department of Agriculture, the Board of Animal Health, the Agricultural Utilization Research Institute, the Housing Finance Agency, and broadband development; makes policy and technical changes to various provisions related to agriculture, food, rural development, and housing, including provisions related to grants, loans, pesticides, fertilizer, hemp, pastures, bioincentive programs, grain buyers, grain warehouses, and manufactured homes. Funding, Rural and Underserved 
Mississippi HB 170
Died in committee Feb. 5, 2019
Establishes a goal for the state that by no later than the year 2027, all residents and businesses have access to broadband at certain specified download and upload speeds; requires the local governing authorities of certain impoverished counties and municipalities to enter into public private partnerships with select communications and information technology service providers and telecommunications enterprises for purposes of providing broadband services to those impoverished areas. Rural and Underserved 
Mississippi

HB 254
Died in committee Feb. 27, 2019

Establishes a grant for the purpose of making grants to assist businesses in paying costs associated with providing and expanding cellular and broadband access and coverage in rural counties and rural municipalities; provides that the Mississippi Development Authority shall administer the grant program created in this act. Rural and Underserved 
Mississippi

HB 366
Signed by governor Jan. 30, 2019, Chapter 301

Creates the Broadband Enabling Act; provides for ownership or operation of broadband systems by electric cooperatives through affiliates or operators; requires electric cooperatives to charge or pay any entity the same amount of fees that it charges or pays an affiliate for pole attachment fees or other items; requires an electric cooperative to conduct an economic feasibility study before broadband services may be provided. Infrastructure, Rural and Underserved 
Mississippi

HB 619
Died in committee Feb. 5, 2019

Creates the Mississippi Broadband Enabling Act; provides legislative findings and determinations; provides definitions for the act; provides for ownership and operation of broadband systems by electric cooperatives; provides that no state agency, instrumentality or political subdivision shall regulate the facilities, operations or services of a broadband affiliate. Infrastructure, Rural and Underserved 
Mississippi

HB 897
Died in committee Feb. 5, 2019

Creates the State broadband enabling act; provides legislative findings and determinations; provides definitions for the act; provides for ownership and operation of broadband systems by electric cooperatives; provides that no state agency, instrumentality or political subdivision shall regulate the facilities, operations or services of a broadband affiliate. Infrastructure, Rural and Underserved 
Mississippi

HB 919
Died in committee Feb. 5, 2019

Creates the State broadband enabling act; provides legislative findings and determinations; provides definitions for the act; provides for ownership and operation of broadband systems by electric cooperatives; provides that no state agency, instrumentality or political subdivision shall regulate the facilities, operations or services of a broadband affiliate or other broadband operator utilizing an electric cooperatives electric delivery system. Infrastructure, Rural and Underserved 
Mississippi

HB 926
Died in committee Feb. 5, 2019

Creates the State broadband enabling act; provides legislative findings and determinations; provides definitions for the act; provides for ownership and operation of broadband systems by electric cooperatives; provides that no state agency, instrumentality or political subdivision shall regulate the facilities, operations or services of a broadband affiliate or other broadband operator utilizing an electric cooperatives electric delivery system. Infrastructure, Rural and Underserved 
Mississippi

HB 1035
Died in committee Feb. 5, 2019

Expands the purpose of electric power associations to allow them to provide broadband services; provides that easements owned, held or otherwise used by the associations may be used for this expanded purpose; conforms to the provisions of this act. Infrastructure, Rural and Underserved 
Mississippi

HB 1312
Died in committee Feb. 5, 2019

Authorizes electric cooperatives to provide broadband services; provides definitions; provides for the ownership and operation of these broadband systems; provides for nondiscrimination in pole access; provides requirements preventing the interference with electric system reliability; provides that the state auditor may inspect the books of the electric cooperative to ensure compliance with this Act; conforms to the provisions of this Act. Infrastructure, Rural and Underserved 
Mississippi

HB 1731
Died in committee March 29, 2019

Authorizes the governing authorities of the City of Okolona, Mississippi, to utilize its electric power delivery system in Chickasaw, Monroe, Lee and Clay counties, Mississippi, to provide broadband service to customers. Infrastructure, Municipal, Rural and Underserved 
Mississippi

HB 1741
Died in committee March 29, 2019

Authorizes the governing authorities of the City of Columbus, Mississippi, to issue revenue bonds for the purpose of providing funds to pay the costs of developing, constructing, owning, improving, maintaining and operating broadband infrastructure. Funding, Municipal
Mississippi

SB 2003
Died in committee Feb. 5, 2019

Creates the small Wireless Facilities Deployment Act to allow a wireless provider to deploy a small wireless facility and any associated utility pole within a right of way under certain conditions; defines certain terms used in the Act; provides for the scope of the Act; provides that the Act only applies to a wireless provider deploying, within a right of way, a small wireless facility or a utility pole associated with a small wireless facility. Infrastructure
Mississippi

SB 2078
Died in committee Feb. 5, 2019

Expands the purpose of electric power associations to allow them to provide broadband services; provides that easements owned, held or otherwise used by the associations may be used for this expanded purpose; conforms to the provisions of this act. Infrastructure, Rural and Underserved 
Mississippi

SB 2200
Died in committee Feb. 5, 2019

Expands the purpose of electric power associations to allow them to provide broadband services; provides that easements owned, held or otherwise used by the associations may be used for this expanded purpose; conforms to the provisions of this act. Infrastructure, Rural and Underserved 
Mississippi

SB 2206
Died in committee Feb. 5, 2019

Expands the purpose of electric power associations to allow them to provide broadband services; provides that easements owned, held or otherwise used by the associations may be used for this expanded purpose; conforms to the provisions of this act. Infrastructure, Rural and Underserved 
Mississippi

SB 2497
Died in committee Feb. 5, 2019

Creates the State Broadband Enabling Act; provides legislative findings and determinations; provides definitions for the Act; provides for ownership and operation of broadband systems by electric cooperatives; provides that no state agency, instrumentality or political subdivision shall regulate the facilities, operations or services of a broadband affiliate or other broadband operator utilizing an electric cooperatives electric delivery system. Infrastructure, Rural and Underserved 
Mississippi

SB 2676
Died in committee Feb. 5, 2019

Creates the Mississippi Broadband Enabling Act; provides legislative findings and determinations; provides definitions for the act; provides for ownership and operation of broadband systems by electric cooperatives; provides that no state agency, instrumentality or political subdivision shall regulate the facilities, operations or services of a broadband affiliate or other broadband operator utilizing an electric cooperative's electric delivery system. Infrastructure, Rural and Underserved 
Mississippi

SB 2717
Died in committee Feb. 5, 2019

Provides for the deployment of broadband by electric cooperatives; defines certain terms; provides for ownership and operation of broadband systems; provides that public funds received for the deployment of broadband service may only be used to provide broadband service in not served areas. Infrastructure, Rural and Underserved 
Mississippi

SB 2893
Died in committee Feb. 5, 2019

Creates the Mississippi Broadband Enabling Act; provides definitions for the Act; provides for ownership and/or operation of broadband systems by electric cooperatives through affiliates or operators; requires electric cooperatives to charge or pay any entity the same amount of fees that it charges or pays an affiliate for pole attachment fees or other items. Infrastructure, Rural and Underserved 
Mississippi

SB 3075
Died in committee 3/29/19

Authorizes the governing authorities of the City of Okolona to utilize its electric power delivery system in Chickasaw, Monroe, Lee and Clay counties, Mississippi, to provide broadband service to its customers. Infrastructure, Rural and Underserved 
Missouri HB 1162 Specifies that the Department of Economic Development shall maintain all funds obtained under the Broadband Internet Grant Program. Funding, Governance, Rural and Underserved 
Montana HJR 13 Urges Congress to amend the Federal Telecommunications Act to account for health effects of siting small cell network equipment in residential areas.  
Nebraska LB 184
Signed by governor May 17, 2019
Adopts the Small Wireless Facilities Deployment Act; provides that to meet the public need and policy and key objectives of the Small Wireless Facilities Deployment Act, wireless providers must have access to the public rights of way to densify their networks and provide next generation wireless services. Infrastructure
Nebraska LB 208 Provides an exception for leasing dark fiber or providing certain telecommunications and related services by a state agency or political subdivision. Municipal
Nebraska LR 166 Allows for an interim study to review the report of the Rural Broadband Task Force that was created by LB994, 2018. Governance, Rural and Underserved 
Nebraska LR 175 Allows for an interim study to ensure accelerated broadband deployment statewide. Governance, Rural and Underserved 
Nevada AB 344
Signed by governor May 14, 2019, Chapter 36
Requires a political subdivision of this state to allow a video service provider, or an affiliate thereof, to construct, install, place, maintain, operate, repair or replace micro wireless facilities on the video service network of the provider; requires a video service provider to install a switch near certain locations where radio antennas are mounted on strand of the provider to allow the disconnection of power from the antenna.  
New Hampshire HB 522
Signed by governor July 19, 2019, Chapter 260
Establishes a commission to study the environmental and health effects of evolving 5G technology.  
New Hampshire HB 1578

This bill requires Internet access providers to reimburse customers for interruptions in service and makes the failure to do so a violation of the Consumer Protection Act.

 
New Jersey AB 3546
SB 3673
Directs Rutgers Discovery Informatics Institute, the Office of Information Technology, and Big Data Alliance to develop an advanced cyberinfrastructure strategic plan; appropriates funds. High Speed
New Jersey AB 4422
SB 3752
Concerns the Small Wireless Facilities Deployment Act; provides for uniform regulation of small wireless facility deployment in the State. Infrastructure
New Jersey AB 4888 Clarifies that an application to collocate wireless communications equipment must be reviewed by administrative officer.  
New Jersey AB 5181 Requires Internet service providers to warn residential subscribers of potential scams or other frauds committed through use of their service.  
New Jersey AB 5260 Requires the Office of Information Technology to conduct a study on deployment and impact of fifth-generation wireless telecommunications technology in the state. Infrastructure
New Jersey AB 5431 Establishes the 5G Network and Development Task Force. Infrastructure
New Jersey AB 5560
SB 3953
Provides for uniform regulation of small wireless facility deployment in this state. Infrastructure
New Jersey AB 5774
SB 4093

Expands the Economic Development Authority small business loan program to include certain broadband telecommunications service providers

Funding
New Jersey AB 5787
SB 4092
Directs Board of Public Utilities to allow broadband telecommunications service providers to use poles belonging to public utilities or CATV companies in certain instances. Infrastructure
New Jersey AB 5880 Allows local units to offer broadband telecommunications service under certain circumstances. Municipal
New Jersey ACR 274
SCR 178
Urges the Board of Public Utilities to investigate broadband Internet and landline telephone services in the state's rural communities; urges the State Board of Agriculture and Department of Agriculture to explore ways these services can be brought to the state's rural communities. Rural and Underserved 
New Mexico HB 9 Relates to telecommunications; creates the broadband infrastructure advisory committee; creates the broadband infrastructure development fund; establishes standards for public agencies to enter into public‑private partnership agreements for broadband infrastructure; requires reports; makes an appropriation. Governance, Rural and Underserved 
New Mexico HB 176
Passed House March 8, 2019
Relates to taxation; creates gross receipts and compensating tax deductions for broadband telecommunications network facilities components. Taxes
New Mexico HB 385
Passed House Feb. 26, 2019
Relates to telecommunications; amends the Rural Telecommunications Act to make access to the state rural universal service fund for telecommunications carriers established after enactment of that act comparable to the access for telecommunications carriers established prior to enactment of that act; provides definitions. Funding, Rural and Underserved 
New Mexico HB 670 Makes an appropriation to the Indian Affairs Department for library and internet access projects for Indian nations, tribes and pueblos. Funding, Rural and Underserved 
New Mexico SB 208 Relates to taxation; creates gross receipts and compensating tax deductions for broadband telecommunications network facilities components. Taxes
New Mexico SM 116
Adopted March 15, 2019
Requests the congressional delegation to work with the U.S. Department of the Interior and its subsidiary agencies, the U.S. Department of Agriculture and its subsidiary agencies, the U.S. Department of Transportation and the Federal Communications Commission to establish uniform regulations and procedures across federal jurisdictions to facilitate the development of broadband infrastructure and service in Indian and non-Indian rural communities. Rural and Underserved 
New Mexico SM 131 Requests the Public Regulation Commission to inquire and make recommendations about approaches for amending the state rural universal service fund to provide greater benefits to the public, to lessen the burden on ratepayers, to provide greater accountability from carriers receiving funding and to more effectively advance the goal of increasing broadband internet access throughout New Mexico. Funding, Rural and Underserved 
New York

AB 138

SB 4368

Relates to state contracts being only with internet service providers compliant with net neutrality and establishes a revolving fund for the establishment of municipal internet service providers; appropriates $250 million therefor.

Municipal
New York AB 1459
SB 1949
Enacts the wireless broadband eligible facility permitting act to provide for uniform regulation of certain wireless facilities. Infrastructure
New York

AB 1503
Signed by governor Dec. 16, 2019, Chapter 653
SB 1607
Substituted June 19, 2019

Requires the office of information technology services to study and evaluate the future implementation and possible impact of 5G technology in the state. Infrastructure
New York AB 2037
Substituted June 12, 2019
SB 6041
Vetoed by governor Dec. 6, 2019
Directs the Public Service Commission to study the feasibility of a municipal broadband program within the state. Municipal
New York AB 2568 Establishes infrastructure financing districts; provides for electoral mechanism for such establishment; sets conditions on authorized projects within such districts. Funding
New York AB 3642
SB 2263
Provides regulatory control of internet service providers by the public service commission; requires internet neutrality; relates to the placement of equipment on utility poles. Infrastructure
New York AB 3693 Enacts the Omnibus Telecommunications Reform Act of 2019; reforms the competitive cable service, promotes the widespread development of high capacity broadband internet access, and increases the availability and quality of services in this key economic development area and ensures the safety, reliability and affordability of telecommunications services. Governance, High Speed, Rural and Underserved 
New York AB 4066
SB 3046
Relates to notice requirements and municipal cooperation in wireless facility siting; requires notification be provided to municipalities in which wireless facilities are to be sited and to residents within two thousand five hundred feet of proposed wireless facilities. Infrastructure
New York AB 6679
SB 5696
Amends the Public Service Law; provides for broadband and fiber optic services; requires the Public Service Commission to determine the status of broadband and fiber optic services in the state; provides that the Commission shall require construction or installation of broadband and fiber optic services by an internet service provider in communities in which broadband and fiber optic services are determined to be absent, insufficient, or inadequate. Governance, Rural and Underserved 
New York AB 8637 Establishes a temporary commission to study the environmental and health effects of evolving 5G technology. Infrastructure
New York AB 8823

Requires contracts for cable television and broadband internet attachments to utility poles and the use of utility ducts, trenches and conduits to include all such poles, ducts, trenches and conduits located within a given census tract.

Infrastructure
New York SB 111 Requires financial reports from the New York state broadband program office. Governance
New York SB 1068 Amends the Public Service Law; relates to providing broadband and fiber optic services; requires the public service commission to determine the status of broadband and fiber optic services in New York state; provides that the commission shall require construction or installation of broadband and fiber optic services by an internet service provider in communities in which broadband and fiber optic services are determined to be absent, insufficient, or inadequate. Rural and Underserved 
New York SB 1609 Authorizes and directs the department of public service to study and report on the current status of cable television systems operating and providing services to the customer premises over fiberoptic cables.  
New York SB 2202 Relates to conducting a study on various approaches to increasing broadband access within this state.  
New York SB 3589 Amends the State Technology Law; relates to encouraging public-private partnerships to help spread broadband deployment. Governance
New York SB 5523 Establishes the municipal broadband fund to provide grants to municipal corporations for broadband projects and services. Funding, Municipal
North Carolina HB 381 Provides for the capital needs of public schools, community colleges, universities, and agencies of the state; provides continuing funding for broadband infrastructure expansion. Education, Funding, Schools
North Carolina HB 387
Signed by governor Oct. 14, 2019, Chapter 230
SB 310
Signed by governor May 30, 2019, Chapter 17
Removes restrictions prohibiting electric membership corporations and their subsidiaries from seeking federal grant funds to provide telecommunications and broadband services; authorizes such corporations and their wholly-owned subsidiaries to use easements held by the corporations to supply telecommunications and broadband services; provides for the manner in which claims related to the expanded use of easements by such corporations shall be resolved. Funding, Infrastructure, Rural and Underserved 
North Carolina HB 398
Vetoed by governor Nov. 8, 2019
Makes appropriations for the Department of Information technology and information technology projects. Funding, Rural and Underserved 
North Carolina HB 431 Fosters infrastructure for broadband expansion and resources in by authorizing counties and cities to install and lease broadband infrastructure to increase adequate broadband services to attract investment in local economies, provide for educational and career opportunities, modernize farming technologies, and to provide for improved health care. Municipal, Rural and Underserved 
North Carolina HB 897 Provides that the utilities commission shall annually determine whether broadband service in the state is sufficiently competitive. Governance
North Carolina SB 308 Restores an open internet; appropriates funds for statewide broadband access. Funding
North Carolina SB 627 Allows cities and counties to receive broadband infrastructure grants under the growing rural economies with access to technology program. Funding, Municipal, Rural and Underserved 
North Carolina SB 645 Fosters infrastructure for broadband expansion and resources by authorizing counties and cities to build and lease facilities and equipment of broadband services to increase adequate broadband services to attract investment in local economies; provides for educational and career opportunities, modernize farming technologies; provides for improved health care. Funding, Municipal
North Dakota SB 2044
Signed by governor April 10, 2019, Chapter 110
Amends and reenacts §12.1-21-06 of the North Dakota Century Code, relating to tampering with or damaging a critical infrastructure facility or a public service; and provides a penalty. Infrastructure
N. Mariana Islands Not available    
Ohio  HB 13

Amends §§133.13 and 727.01 and enacts §§122.09, 122.091, 122.092, 122.093, 122.094, 122.095, 122.096, 122.097, 122.098, 122.099, 122.0910, 122.0911, 122.0912, 122.0913, 122.0914, 122.0915, 122.0916, 122.0917, 122.0918, 122.0920, 122.0921, 122.0923, 122.0927, 122.0929, 303.251, and 505.881 of the Revised Code to establish the residential broadband expansion program and to make an appropriation.

Funding, Rural and Underserved 
Ohio  HB 190

Amends §184.10 and enacts §§122.97, 122.971, 122.972, 122.973, 122.974, 122.975, 122.976, 122.977, 122.978, 122.979, 122.9710, 122.9711, 122.9712, 122.9713, 122.9714, and 5511.11 of the Revised Code to create the Ohio Broadband Development Grant Program, to encourage the Department of Transportation to work with telecommunications providers to lay fiber optic cable, and to make an appropriation.

Funding, Rural and Underserved 
Ohio  SB 33

Amends §§2909.07, 2909.10, 2911.21, 2911.211, 2917.21, and 2917.32 and enacts §2307.67 of the Revised Code to modify certain criminal offenses with respect to critical infrastructure facilities and to impose fines and civil liability for damage to a critical infrastructure facility.

Infrastructure
Oklahoma HB 2540 Relates to Internet providers; creates the Oklahoma Internet Accessibility Act.  
Oklahoma HB 2595
Passed House March 6, 2019
Relates to revenue and taxation; relates to sales tax exemptions; provides sales tax exemption for sales of tangible personal property for use in construction or upgrade of high‑speed Internet systems; provides for administration of exemption as rebate; requires Oklahoma Tax Commission to adopt rules; imposes limit on total purchase amount eligible for exemption. High Speed, Taxes
Oklahoma SB 1002
Passed Senate March 19, 2019
Relates to the Corporation Commission; creates the Facilitating Internet Broadband Rural Expansion Act; prohibits certain subsidization by rural electric cooperatives; establishes duties of certain cooperatives; prohibits cooperatives from providing certain service without authorization. Infrastructure, Rural and Underserved 
Oregon HB 2173
Signed by governor Aug. 9, 2019, Chapter 648
Creates the State Broadband Office within the Business Development Department; repeals the sunset on the Broadband Advisory Council; adds a member to the Council; broadens the duties of the Council to include recommending public policy and solutions to address the state's broadband needs and goals; directs the Council to champion statewide access to broadband services. Governance, Rural and Underserved 
Oregon HB  2184
Passed House June 24, 2019
Expands definition of retail telecommunications service for purposes of universal service surcharge; authorizes Public Utility Commission to subject sale of communications and broadband services other than retail telecommunication services to universal service surcharge; directs commission to transfer moneys deposited in universal service fund that are to be used for encouraging broadband service availability to Broadband Fund. Funding, Rural and Underserved, Taxes
Oregon HB 2455 Includes developing and expanding broadband Internet access service as form of economic development for which Oregon Business Development Department may fund loans and grants for use in Eastern Oregon Border Economic Development Region; makes nonsubstantive housekeeping amendments to statutes. Funding, Rural and Underserved 
Oregon SB 69
Signed by governor May 7, 2019, Chapter 91
Expands purposes of plan of assistance established by Public Utility Commission under Oregon Telephone Assistance Program to include supporting broadband internet access service.  
Oregon SB 505 Directs state Broadband Advisory Council to study issues related to expansion of broadband capacity and access; requires council, based on findings of its study, to establish statewide broadband plan and submit report to interim committees related to economic development on or before Sept. 15, 2020; authorizes council to propose legislation for 2021 regular session based on its findings with respect to study of public‑private partnerships. Governance, Rural and Underserved 
Pennsylvania HB 305
Passed House June 20, 2019
Provides for an inventory of state and county-owned communications assets and the use of communication towers for the development of wireless broadband services in unserved and underserved areas of this Commonwealth; provides for the Statewide Mobile Radio and Microwave System. Rural and Underserved 
Pennsylvania HB 1400 Provides for small wireless facilities deployment. Infrastructure
Pennsylvania HB 2055 Relates to municipal authorities; provides for purposes and powers; relates to an alternative form of regulation of telecommunications services; provides for network modernization plans. Municipal
Pennsylvania HR 63 Directs the Legislative Budget and Finance Committee and the Joint State Government Commission to jointly conduct an audit and study on the compliance of nonrural telecommunication carriers with the Public Utility Code and high‑speed broadband universal service deployment mandates and to report their findings and recommendations to the House of Representatives. High Speed, Rural and Underserved 
Pennsylvania HR 64 Establishes a legislative task force on the delivery of high‑speed broadband services and directing the Joint State Government Commission to establish an advisory committee to conduct a study on the delivery of high‑speed broadband services in unserved areas and underserved areas of this Commonwealth and to report its findings and recommendations to the House of Representatives. Governance, High Speed, Rural and Underserved 
Pennsylvania HR 354 Directs the Legislative Budget and Finance Committee to conduct an audit on the compliance of telecommunication carriers with high-speed broadband universal service deployment mandates under the Public Utility Code. High Speed
Pennsylvania SB 835 Provides for funding of high-speed broadband service infrastructure deployment in unserved areas of this Commonwealth and for powers and duties of the Department of Community and Economic Development. Funding, High Speed, Rural and Underserved 
Pennsylvania SR 47
Adopted June 26, 2019
Revises provisions directing the Joint State Government Commission to establish an advisory committee to conduct a study on the delivery of high-speed broadband services in unserved and underserved areas of this Commonwealth. Governance, High Speed, Rural and Underserved 
Pennsylvania SR 48
Adopted June 26, 2019
Revises provisions directing the Legislative Budget and Finance Committee to conduct a review of the compliance of telecommunication carriers with the high-speed broadband deployment mandates of the Public Utility Code. Governance, Rural and Underserved 
Puerto Rico  HB 1294 Creates the Law of Joint Use of the Infrastructure of the Electric Power Authority in order to establish the parameters in which private companies and/or individuals can use the electric power service infrastructure to install fiber-optic lines, telephony, internet and/or any other service, to limit the cause of action that private companies and/or individuals using the poles of the Electric Power Authority have in claims related to the maintenance of said infrastructure. Infrastructure, Rural and Underserved 
Puerto Rico  HB 1976
Signed by governor Aug. 1, 2019, Chapter 127
Creates the Law to Facilitate the Implementation and Use of Small Wireless Installations or Small Cells in Telecommunications Systems in Puerto Rico, in order to establish the regulatory and procedural framework regarding the permit for the integration of Small Installations Wireless in telecommunications in Puerto Rico.  
Rhode Island None     
South Carolina HB 3012
To House for concurrence May 7, 2019
(Concurrent Resolution) Expresses the belief of the general assembly that the schools and school districts of this state should utilize the education rate program of the federal communications commission established by the Telecommunications Act of 1996 which provides discounts on internet access and telecommunications services for schools and school districts with higher poverty levels in their student population that would be of great benefit to these students. Education, Funding
South Carolina HB 3780
Passed House April 4, 2019
Creates the growing rural economies with access to technology (GREAT) program; facilitates the deployment of broadband to unserved areas of the state; provides definitions; establishes the growing rural economies with access to technology fund; provides that any property owned by a municipality may be leased or rented in certain situations; provides that a municipality-owned utility may be leased. Funding, Rural and Underserved 
South Carolina HB 4262
Passed House April 4, 2019
Enacts the state Small Wireless Facilities Deployment Act; makes legislative findings; defines relevant terms; provides among other things, that certain agreements or enactments pertaining to the deployment of small wireless facilities that do not comply with certain provisions of this act must be deemed invalid and unenforceable beginning on a specified date; requires local government authorities to allow the collocation of small wireless facilities on authority utility poles under specified circumstances. Infrastructure
South Carolina SB 720 Relates to the sales tax on communication services; excludes internet video streaming services from the imposition of the sales tax. Taxes
South Dakota None     
Tennessee HB 579
SB 706
Requires the department to deliver its report on the status of grants under the broadband accessibility grant program to the chairs of the commerce committee of the house of representatives and the commerce and labor committee of the senate. Funding, Governance
Tennessee HB 580
SB 1037
Lowers from 5 percent to 4 percent the limit at which the expenses incurred by the Department of Economic and Community Development to administer the broadband accessibility grant program must not exceed from the total amount appropriated to the program in any fiscal year. Funding, Governance
Tennessee HB 581
SB 1036
Lowers from 10 mbps to 9 mbps the minimum download speed at which projects deploying broadband services must meet in order to be awarded grants under the broadband accessibility grant program. Funding
Tennessee HB 819
SB 494
Authorizes a municipal electric to provide cable service, two way video transmission, video programming, and internet services outside its service area. Infrastructure, Rural and Underserved 
Tennessee HB 820
SB 490
Specifies that an applicant shall be deemed by the Tennessee regulatory authority to have satisfied all of the requirements necessary for approval of a state-issued certificate of franchise authority if the applicant has provided fiber to the premises to at least 1,000 customers for a period of at least one year prior to the application.  
Tennessee HB 821
SB 489
Authorizes municipalities operating an electric plant to provide telecommunication services, including broadband internet access, in geographical areas both within and outside of the electric plants service area. Infrastructure, Rural and Underserved 
Texas HB 669
Passed House May 1, 2019
Relates to eligibility of certain local exchange companies for support from the universal service fund for the provision of broadband service. Funding, Rural and Underserved 
Texas HB 1446
SB 14
Signed by governor June 7, 2019, Chapter 499

Amends the Utilities Code to authorize an electric cooperative and its affiliates to construct, operate, and maintain fiber optic cables and other facilities for providing high-speed internet service to its customers using the cooperative's existing electricity easements. The bill sets out parameters for the administration of providing such internet services, including rate setting.

Infrastructure, Rural and Underserved 
Texas HB 1960
Signed by governor May 25, 2019, Chapter 228

Amends the Government Code to create the temporary governor's broadband development council. The bill sets out the duties of the council, including researching the progress of broadband development in unserved areas and the benefits of statewide access to broadband.

Governance, Rural and Underserved 
Texas HB 2422
Signed by governor June 14, 2019, Chapter 1122
SB 1104
Relates to the coordination of certain broadband projects by the Department of Transportation. Dig Once , Governance
Texas HB 2423
Passed House April 26, 2019
SB 1103
Relates to the creation of the broadband office within the Public Utility Commission of the state and the establishment of a broadband investment grant program. Funding, Governance, Rural and Underserved 
Texas HB 4577 Relates to the deployment of broadband service in rural areas of the state. Rural and Underserved 
Texas SB 1206 Relates to the creation of the governor's broadband council. Governance, Rural and Underserved 
Utah HB 296
Signed by governor March 29, 2019, Chapter 467
Creates a grant program in the Governor's Office of Economic Development; defines terms, including coworking and innovation center; creates the Rural Coworking and Innovation Center Grant Program in GOED; describes the requirements and purposes of the grant program; creates the Rural Online Working Hubs Grant Advisory Committee to advise GOED regarding the grant program. Funding, Rural and Underserved 
Vermont HB 93

This bill proposes to require the Public Utility Commission to amend its existing rules governing pole attachments with the goal of expediting the use of facilities by telecommunications service providers able to offer and expand broadband throughout the state.

Infrastructure, Rural and Underserved
Vermont HB 94

This bill proposes to increase the Universal Service Charge for a limited time and use the additional funds raised to support the High-Cost Program, the Connectivity Initiative, and feasibility studies and technical assistance for municipalities in the process of developing a communications union district.

Funding
Vermont HB 95

This bill proposes to require the commissioner of Public Service to study the feasibility of electric companies providing broadband Internet access service using electric distribution and transmission infrastructure.

Infrastructure, Rural and Underserved 
Vermont HB 96

This bill proposes to require applicants for a certificate of public good under 30 V.S.A. §248a to demonstrate that the proposed facility will provide broadband Internet access service at speeds that meet or exceed 4 Mbps download and 1 Mbps upload to all service locations in one or more census blocks where at least 50% of the service locations in each census block only have access to internet service with speeds that are less than 4 Mbps download and 1 Mbps upload. It also proposes to extend the statutory sunset of 30 V.S.A. §248a to July 1, 2022.

Rural and Underserved 
Vermont HB 160

This bill proposes to develop programs and initiatives designed to facilitate the deployment of broadband internet access service throughout Vermont.

Funding, Municipal, Rural and Underserved 
Vermont HB 513
Signed by governor June 20, 2019, Act 79

This act amends existing law and establishes new programs related to the deployment of broadband service in Vermont. For example, it increases the Universal Service Rate of Charge by four-tenths of 1% and uses the additional revenue raised to fund a new position within the Department of Public Service as well as grants through the Connectivity Initiative, it increases the speed requirements for eligibility for funding through both the High-Cost Program and the Connectivity Initiative to 25/3 Mbps, it changes the Vermont Universal Service Fund Rate of Charge collection method applicable to prepaid wireless telecommunications service, it establishes the Broadband Innovation Grant Program within the Department of Public Service, it requires the Department of Public Service to study the feasibility of electric companies providing broadband service using electric company infrastructure, it repeals the prohibition on electric cooperatives receiving federal funds for unregulated activities, it allows municipalities to enter into public-private partnerships with private internet service providers, it establishes the Broadband Expansion Loan Program within the Vermont Economic Development Authority, it amends Vermont’s poleattachment rule, it adds additional data and analysis requirements applicable to the State’s 10-year Telecommunications Plan and specifies that a new plan shall be adopted every three years, it requires the commissioner of Health to prepare a report on the possible health consequences from exposure to the radio frequency fields produced by wireless technologies, it requires the E-911 Board to adopt protocols for the reporting of outages that may disrupt the availability of E-911 service, it requires the Public Utility Commission to complete by a date certain its workshop concerning the pole-rental calculation and its workshop concerning backup-power obligations, it establishes the PEG Access Study Committee, and it authorizes the commissioner of Public Service to provide financial and technical support to municipalities seeking to obtain or use state-owned 2G microcells.

Funding, Infrastructure, Rural and Underserved 
Vermont SB 91

This bill proposes to require the commissioner of Public Service to study the feasibility of electric companies providing broadband internet access service using electric distribution and transmission infrastructure.

Infrastructure, Rural and Underserved 
Virginia HB 2141
Signed by governor April 3, 2019, Chapter 828

Authorizes a local governing body, with respect to a service district, to contract with a nongovernmental broadband service provider who will construct, maintain, and own communications facilities and equipment required to facilitate delivery of last-mile broadband services to unserved areas of the service district, provided that the locality documents that less than 10% of residential and commercial units within the project area are capable of receiving broadband service at the time the construction project is approved by the locality.

Municipal, Rural and Underserved
Virginia HB 2541
Signed by governor March 21, 2019, Chapter 709
SB 1618
Signed by governor March 21, 2019, Chapter 710

Extends the expiration of the Office of Telework Promotion and Broadband Assistance from July 1, 2019, to July 1, 2021. The bill also repeals the expiration of the Broadband Advisory Council, and alters and expands from 14 to 17 its total membership.

Funding, Governance
Virginia HB 2573

Declares that a public service company that has acquired a prescriptive easement that is used to provide electrical service is deemed to have the right to grant to a provider of broadband or other telecommunications services the right to attach its wires and appurtenant facilities to the public service company's poles, subject to the conditions that the public service company not charge pole attachment fees for 5 years and that the public utility and telecommunications service provider equally share the costs of making the poles ready.

Infrastructure, Rural and Underserved
Virginia  HB 2691
Signed by governor March 19, 2019, Chapter 619

Requires the State Corporation Commission to establish pilot programs under which Dominion Energy and Appalachian Power may submit a petition to provide or make available broadband capacity to nongovernmental Internet service providers in areas of the Commonwealth that are unserved by broadband. The costs of Dominion Power and Appalachian Power's proposals are each capped at $60 million annually. The provision of such broadband capacity is declared to be in the public interest. The measure authorizes the utilities to recover the net costs of the pilot program from customers through a rate adjustment clause. The measure authorizes such utility to own or lease broadband capacity equipment. The measure requires the Commission to conduct proceedings to determine whether an area is unserved by broadband.

Infrastructure, Rural and Underserved
Virginia SB 1317

Directs the Tobacco Region Revitalization Commission to award at least $10 million per year in grants to cover expenditures for the purchase and installation of wireless and broadband equipment to rural service areas in the Commonwealth. The bill defines "rural service areas" as any locality with a mean broadband download speed of less than 10 megabits per second, and a mean broadband upload speed of less than one megabit per second. The bill also establishes a sales tax exemption, which would be phased in over four years, for property sold or leased to a telecommunications company and used directly in the rendition of its public service.

Funding, Rural and Underserved
Virginia SB 1444
To conference committee Feb. 21, 2019
Relates to Secretary of Technology; relates to transfer of duties to the Secretaries of Administration and Commerce and Trade; transfers operational responsibilities of the Office of the Secretary of Technology to the Secretary of Administration and responsibilities related to commercialization and entrepreneurial support to the Secretary of Commerce and Trade; contains technical amendments. Governance
Virginia SB 1711

Establishes a procedure by which a broadband service provider may obtain approval to place its fiber-optic broadband lines across a railroad right-of-way. The measure provides that a broadband service provider may submit to the railroad company a notice of intent to construct, accompanied by a specification exhibit and a standard crossing fee of $800; if the railroad does not claim within 35 days that special circumstances exist or that the required specification exhibit is inadequate or incomplete, the broadband service provider is deemed to have authorization to commence placing the fiber optic broadband line across the railroad's right-of-way. The measure provides that a railroad company that believes that special circumstances exist may file a petition for relief with the State Corporation Commission. The bill requires the Commission to adopt regulations prescribing the terms and conditions for a crossing.

Infrastructure
Virginia SJR 311
Passed Senate Feb. 5, 2019

Requests the Department of Housing and Community Development to study the permitting processes in the Commonwealth for broadband deployment and renewable energy construction projects.

Infrastructure
U.S. Virgin Islands None    
Washington HB 1373

Delays, until July 1, 2029, the termination of the state universal communications services program. Addresses the provision, enhancement, and maintenance of broadband services, recognizing that the incumbent public network functions to provide all communications services including voice and broadband services; distribution formula for eligible communications providers; and adoption of rules and required reporting by the utilities and transportation commission. Permits expenditures from the universal communications services account to be used for commission expenses related to implementation and administration of certain statutes.

Funding
Washington HB 1498
Passed House March 8, 2019
SB 5511
Signed by governor May 13, 2019, Chapter 365
Expands affordable, resilient broadband service to enable economic development, public safety, health care, and education in Washington's communities. Establishes state goals for access to broadband services that meet minimum download and upload speeds. Establishes the Governor's Statewide Broadband Office (office) is established with the purpose to encourage, foster, develop, and improve affordable, quality broadband within the state. Beginning Jan. 1, 2021, and every two years after that, the office shall report to the appropriate legislative committees on the office's activities during the previous two years including an analysis of the current availability and use of broadband in the state; information collected from anchor institutions determining the actual speed and capacity of broadband currently in use and the need for increases; an overview of incumbent state broadband infrastructure; and suggested policies and legislation to accelerate the achievement of state broadband speed goals. Requires the Public Works Board (PWB), in collaboration with the office, to establish and administer a competitive grant and loan program to promote expanding access to broadband service in unserved areas of the state. Grants and loans may be awarded to assist funding middle mile and last-mile infrastructure that supports broadband services and strategic planning for deploying broadband service to unserved areas. Creates the Statewide Broadband Account in the State Treasury. Amends the purpose of the State Universal Communications Services Program to include the provision, enhancement, and maintenance of broadband services. By Dec. 1, 2024, authorizes the Utilities and Transportation Commission to report to the Legislature on the adequacy of funding levels for each small telecommunications company to maintain reliable universal service, an analysis of the need for future program funding, and recommendations on potential funding mechanisms to improve the availability of communications services including broadband service in unserved areas. Authorizes Public Utility Districts (PUDs) to provide temporary retail services to customers if an internet service provider (ISP) operating on a PUD telecommunications facility that provides wholesale services ceases to provide access to the internet to its end-use customers and no other retail service providers are willing to provide service. Within 30 days of the ISP ceasing to provide Internet access, the PUD must initiate a process to find a replacement ISP or provider. Until a replacement ISP or provider is in operation, the district commission may for a maximum period of five months establish a rate to provide Internet access and charge customers to cover expenses necessary to provide internet access. The tax treatment of the retail services provided by a PUD during this period must be the same as if those retail services were provided by the defunct internet service provider. In addition to current law, port districts in existence on June 8, 2000, may acquire and operate telecommunications facilities for their own internal telecommunications needs and to provide wholesale telecommunications services outside of their district limits. A port district may select a telecommunications company to operate all or a portion of the port district's telecommunications facilities. Funding, Governance, Rural and Underserved 
Washington HB 1606

Authorizes the community economic revitalization board to make broadband loans and grants to local governments and federally recognized Indian tribes for financing the cost to build infrastructure to provide high-speed, open-access broadband service for economic or community development. Requires a responsible local government official or a federally recognized Indian tribe to: (1) Be present during board deliberations and provide requested information; and (2) Demonstrate to the board that no other timely source of funding is available to it at costs reasonably similar to financing available from the board.

Funding, Rural and Underserved 
Washington HB 1800

States that, without increasing the total sales and use tax rate, this act allows a local sales and use tax as a credit against the state sales tax for rural high-speed internet infrastructure.

Infrastructure, Taxes
Washington SB 5085

Authorizes a unit of local government or other subdivision of the state to provide broadband services when approved by the Utilities and Transportation Commission pursuant to certain requirements.

Municipal, Rural and Underserved 
West Virginia HB 2005
Passed House Jan. 29, 2019

Adds a new article,  designated §11-6L-1, §11-6L-2, §11-6L-3, §11-6L-4, and §11-6L-5, to amend said code by adding thereto three new sections, designated §31G-4-4, §31G-4-5, and §31G-4-6, and to amend said code by adding thereto a new chapter, designated §31H-1-1, §31H-1-4 2, §31H-2-1, §31H-2-2, §31H-2-3, and §31H-2-4, all relating to wireless telecommunication technology facilities generally; provides a special method for valuation of certain wireless technology property for property taxes; defines terms; provides mandated salvage valuation of certain wireless businesses’ property; specifies method for valuation of certain property; requires initial determination and specifies procedure for protest and appeal of determination; establishes Public Service Commission jurisdiction over make-ready pole access within the state; relates to the determination of the feasibility of electric utilities constructing and operating middle-mile broadband internet projects to serve certain unserved and underserved areas; defines certain terms; delineates the factors that must be contained in certain feasibility studies; requires the Broadband Enhancement Council and the Public Service Commission to assist electric utilities in the determination of the feasibility of certain proposed middle-mile broadband development projects; requires that the Broadband Enhancement Council render a judgment as to the feasibility of middle-mile broadband internet projects within a certain period of time; requires certain reports be submitted to certain officials and committees; and provides for severability; the establishment of the West Virginia Small Wireless Facilities Deployment Act; makes legislative findings; defines terms; provides for access to public rights-of-way for the collocation of small wireless facilities; provides for certain permit requirements; authorizes and limits access to collocation sites, structures and equipment; requires permits to be issued on a nondiscriminatory basis; provides for the collection of fees and setting the amount of fees; and providing for certain zoning, indemnification, insurance, and bonding requirements.

Infrastructure, Rural and UnderservedTaxes
West Virginia HB 2416

Amends and reenacts §17-2A-17a of the Code of West 1 Virginia, 1931, as amended; and amends and reenacts §17-2E-2, §17-2E-3, §17-2E-5, and §17-2E-6 of said code, all relating to the use of state-owned rights-of-way; modifying requirements related to accommodation leases; amending procedures and requirements of the state’s dig once policy; modifying definitions; providing for the determination of fair market value; modifying notice requirements for permit applicants; amending procedures for the adjudication of disputes between telecommunications carriers; providing exemptions to certain dig once requirements; and authorizing the Division of Highways to, upon approval of the governor, transfer or assign the ownership, control, or any rights related to any in-kind compensation received by the division to any other state agency.

Dig once
West Virginia HB 3050

Adds a new article, designated §11-13EE-1, §11-13EE-2, §11-13EE-3, §11-13EE-4, and §11-13EE-5, all relating to establishing the West Virginia Municipal Broadband Expansion Act; provides legislative findings and purpose; defines terms; provides rule-making authority; provides for customer tax rebate and tax credit incentives; sets standards for service providers; and establishes equipment value.

Municipal, Taxes
West Virginia HB 3142
Signed by governor March 27, 2019, Act 256
Reduces the severance tax on thermal or steam coal incrementally; provides for an elimination of the severance tax on limestone or sandstone; establishes minimum amounts of distribution of portion of severance taxes on coal dedicated for use and benefit of coal producing counties. Funding
West Virginia SB 3
Signed by governor March 27, 2019, Act 42

Adds a new article, designated §11-6L-1, §11-6L-2, §11-6L-3, §11-6L-4, and §11-6L-5; adds three new sections, designated §31G-4-4, §31G-4-5, and §31G-4-6; 3 and adds a new chapter, designated §31H-1-1, §31H-1-4 2, §31H-2-1, §31H-2-2, §31H-2-3, and §31H-2-4, all relating generally to wireless telecommunication technology facilities; providing a special method for valuation of certain wireless technology property for property taxes; defining terms; providing mandated salvage valuation of certain wireless businesses’ property; specifying method for valuation of certain property; requiring initial determination and specifying procedure for protest and appeal of determination; establishing and delineating Public Service Commission jurisdiction over make-ready pole access within the state; determining the feasibility of electric utilities constructing and operating middle-mile broadband Internet projects to serve certain unserved and underserved areas; defining certain terms; delineating the factors that must be contained in certain feasibility studies; requiring the Broadband Enhancement Council and the Public Service Commission to assist electric utilities in the determination of the feasibility of certain proposed middle-mile broadband development projects; requiring that the Broadband Enhancement Council render a judgment as to the feasibility of middle-mile broadband Internet projects within a certain period of time; requiring certain reports be submitted to certain officials and committees; providing for severability; establishing the West Virginia Small Wireless Facilities Deployment Act; making legislative findings; defining terms; providing for access to public rights-of-way for the collocation of small wireless facilities; providing for certain permit requirements; authorizing and limiting access to collocation sites, structures, and equipment; requiring permits to be issued on a nondiscriminatory basis; providing for the collection of fees and setting the amount of fees; and providing for certain zoning, indemnification, insurance, and bonding requirements.

Infrastructure, Rural and Underserved, Taxes
West Virginia SB 270
Signed by governor March 7, 2019, Act 235

Amends and reenacts §17-2A-17a of the Code of West Virginia, 1931, as amended; and amends and reenacts §17-2E-2, §17-2E-3, §17-2E-5, and §17-2E-6 of said code, all relating to the use of state-owned rights-of-way; modifying requirements related to accommodation leases; providing for the determination of fair market value and compensation for accommodation leases; amending procedures and requirements of the state’s dig once policy; modifying definitions; providing for the determination of fair market value and compensation to Division of Highways relating to dig once policy; modifying notice requirements for permit applicants; amending procedures for the adjudication of disputes between telecommunications carriers; providing certain exemptions from dig once requirements; and authorizing the Division of Highways to, upon approval of the governor, transfer or assign the ownership, control, or any rights related to any in-kind compensation received by the division to any other state agency.

Dig Once 
West Virginia SB 390

Amends the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31G-4-4, relating to determining the feasibility of electric utilities constructing and operating middle-mile broadband Internet projects to serve certain unserved and underserved areas; defining certain terms; delineating the factors that must be contained in certain feasibility studies; requiring the Broadband Enhancement Council and the Public Service Commission to assist electric utilities in determining the feasibility of certain proposed middle-mile broadband development projects; permitting the Broadband Enhancement Council render a judgment as to the feasibility of middle-mile broadband internet projects within a certain period of time; and requiring certain reports be submitted to certain officials and committees.

Infrastructure, Rural and Underserved
West Virginia SR 19 Designates a day in January, as Broadband Day at Capitol.  
Wisconsin AB 234

This bill creates a regulatory framework for the state and political subdivisions (cities, villages, towns, and counties) for the following: 1) the deployment by wireless services and infrastructure providers (wireless providers) of wireless equipment and facilities, including the placement of such items in rights-of-way (ROW); 2) the permitting process for certain activities by wireless providers; 3) the regulation of access to certain governmental structures by wireless providers; and 4) the resolution of disputes.  The bill also authorizes political subdivisions to impose setback requirements for certain mobile service support structures.

Infrastructure
Wisconsin AB 344

This bill exempts property used to provide broadband service to a rural or underserved area from the telephone company tax that is paid by telephone companies in lieu of the general property tax.  To qualify for the exemption, property installed prior to Jan. 1, 2020, must be used to provide Internet access service to a rural area at a download speed of at least 25 megabits per second and an upload speed of at least 3 megabits per second.  Property installed after Dec. 31, 2019, must be used to provide Internet access service to a rural or underserved area at those same speeds or, if higher, speeds designated by the Federal Communications Commission. Under the bill, an “underserved area” is any area in the state served by fewer than two wired service providers, and a “rural area” is any area in the state that is located outside a federal metropolitan statistical area or is located in a city, village, or town with a population of not more than 14,000. For property installed prior to Jan. 1, 2020, the determination of whether an area is a rural area is based on the 2010 federal decennial census.

Taxes
Wisconsin SB 239
Signed by governor July 10, 2019, Act 14
Limits the authority of the state and political subdivisions to regulate certain wireless facilities; authorizes political subdivisions to impose setback requirements for certain mobile service support structures. Infrastructure
Wisconsin SB 321

This bill exempts property used to provide broadband service to a rural or underserved area from the telephone company tax that is paid by telephone companies in lieu of the general property tax. To qualify for the exemption, property installed prior to Jan. 1, 2020, must be used to provide Internet access service to a rural area at a download speed of at least 25 megabits per second and an upload speed of at least 3 megabits per second.  Property installed after Dec. 31, 2019, must be used to provide Internet access service to a rural or underserved area at those same speeds or, if higher, speeds designated by the Federal Communications Commission. Under the bill, an “underserved area” is any area in the state served by fewer than two wired service providers, and a “rural area” is any area in the state that is located outside a federal metropolitan statistical area or is located in a city, village, or town with a population of not more than 14,000. For property installed prior to Jan. 1, 2020, the determination of whether an area is a rural area is based on the 2010 federal decennial census.

Taxes
Wyoming HB 97
Signed by governor Feb. 26, 2019, Chapter 120

This act exempts sales of equipment used to provide broadband internet service in unserved areas, as defined in W.S. 9-12-1501(e), from state sales and use taxes.

Infrastructure, Taxes
Wyoming HB 98
Signed by governor Feb. 27, 2019, Chapter 138

Current law authorizes public utilities to install equipment and facilities within the right-of-way of a public road or public waterway. This bill extends the right-of-way authorization to communications companies.

Infrastructure
Wyoming HB 247
Signed by governor Feb. 26, 2019, Chapter 119

The Broadband Development Program (Program) was established under existing law "to provide funds to eligible applicants in order to promote the expansion of access to broadband service in unserved areas of the state." W.S. 9-12-1501(a). "Unserved area" is currently defined under the Program to mean, among other things, an area in which the maximum fixed terrestrial broadband speed available to residential customers is 10 megabits per second download and 1 megabit per second upload. W.S. 9-12-1501(e). This act modifies that definition to mean, among other things, an area in which the maximum fixed terrestrial broadband speed available to residential customers is at speeds less than 25 megabits per second download and 3 megabits per second upload. The act also modifies the rulemaking authority of the Wyoming Business Council to change the definition of "unserved area" for purposes of the Program from an effective date of July 1, 2020 to July 1, 2022.

Governance, High Speed, Rural and Underserved 
Wyoming SF 110 Relates to select committees, task Forces and legislative appointments; repeals the legislative management audit committee; repeals select committees and legislatively created task forces; amends legislative appointments to task forces, councils and commissions as specified; makes conforming amendments; repeals reporting requirements; changes the membership on the broadband advisory council. Governance

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Heather Morton is a program principal in Fiscal Affairs. She covers financial services, alcohol production and sales, and telecommunications issues for NCSL.

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