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7 LONG TITLE
8 General Description:
9 This bill creates the Utah Broadband Center Advisory Commission.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ creates the Utah Broadband Center Advisory Commission (the commission);
14 ▸ directs the appointment of members to the commission;
15 ▸ directs the commission to:
16 • solicit input from stakeholders;
17 • make recommendations to the Utah Broadband Center with respect to the
18 development of a strategic plan; and
19 • make recommendations to the Utah Broadband Center with respect to the use of
20 funds;
21 ▸ requires the Utah Broadband Center to consult with the commission;
22 ▸ requires the Utah Broadband Center to report annually to the commission and to the
23 Public Utilities, Energy, and Technology Interim Committee; and
24 ▸ sets a repeal date for the commission.
25 Money Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 This bill provides a special effective date.
29 Utah Code Sections Affected:
30 AMENDS:
31 63I-2-236, as last amended by Laws of Utah 2021, Second Special Session, Chapter 8
32 63N-17-201, as enacted by Laws of Utah 2021, Chapter 282
33 ENACTS:
34 36-29-109, Utah Code Annotated 1953
35 63N-17-203, Utah Code Annotated 1953
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37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 36-29-109 is enacted to read:
39 36-29-109. Utah Broadband Center Advisory Commission.
40 (1) As used in this section:
41 (a) "Broadband infrastructure funds" means the funds available for broadband
42 infrastructure pursuant to:
43 (i) the Infrastructure Investment and Jobs Act, Pub. L. No. 115-58;
44 (ii) legislative appropriations; and
45 (iii) state and federal grants.
46 (b) "Center" means the Utah Broadband Center created in Section 63N-17-201.
47 (c) "Commission" means the Utah Broadband Center Advisory Commission created in
48 Subsection (2).
49 (d) "Strategic plan" means the statewide digital connectivity plan described in Section
50 63N-17-203.
51 (2) There is created the Utah Broadband Center Advisory Commission consisting of
52 the following nine voting members:
53 (a) two members of the Senate, appointed by the president of the Senate;
54 (b) two members of the House of Representatives, appointed by the speaker of the
55 House of Representatives;
56 (c) the executive director of the Governor's Office of Planning and Budget, or the
57 executive director's designee;
58 (d) the governor shall appoint four members who currently work in the public sector
59 and who have professional experience in:
60 (i) broadband or broadband infrastructure;
61 (ii) applying for federal grants; or
62 (iii) financing infrastructure.
63 (3) In addition to the nine voting members, the director of the center, or the director's
64 designee, shall serve on the commission in a nonvoting capacity.
65 (4) (a) The president of the Senate shall designate one of the members described in
66 Subsection (2)(a) to serve as cochair of the commission.
67 (b) The speaker of the House of Representatives shall designate one of the members
68 described in Subsection (2)(b) to serve as cochair of the commission.
69 (5) (a) If a vacancy occurs in the membership of the commission, the member shall be
70 replaced in the same manner in which the original appointment was made.
71 (b) A member shall serve until the member's successor is appointed and qualified.
72 (6) (a) A majority of the members of the commission constitutes a quorum.
73 (b) The action of a majority of a quorum constitutes an action of the commission.
74 (7) (a) Salaries and expenses of the members of the commission who are legislators
75 shall be paid in accordance with:
76 (i) Section 36-2-2;
77 (ii) Legislative Joint Rules, Title 5, Chapter 2, Lodging, Meal, and Transportation
78 Expenses; and
79 (iii) Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.
80 (b) A member of the commission who is not a legislator may not receive compensation
81 for the member's work associated with the commission but may receive per diem and
82 reimbursement for travel expenses incurred as a member of the commission at the rates
83 established by the Division of Finance under:
84 (i) Sections 63A-3-106 and 63A-3-107; and
85 (ii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
86 63A-3-107.
87 (8) The center shall provide staff support to the commission.
88 (9) The commission shall:
89 (a) make recommendations to the center with respect to:
90 (i) strategic plan development; and
91 (ii) the application for and use of broadband infrastructure funds;
92 (b) solicit input from relevant stakeholders, including:
93 (i) public and private entities who may assist in developing and implementing the
94 strategic plan; and
95 (ii) public and private entities whom the strategic plan may impact;
96 (c) provide recommendations for strategic plan development and implementation based
97 on the input described in Subsection (9)(b);
98 (d) review strategic plan drafts; and
99 (e) recommend changes.
100 (10) The commission shall meet as needed.
101 Section 2. Section 63I-2-236 is amended to read:
102 63I-2-236. Repeal dates -- Title 36.
103 (1) Section 36-29-107.5 is repealed on November 30, 2023.
104 (2) The following sections regarding the State Flag Task Force are repealed on January
105 1, 2024:
106 (a) Section 36-29-201;
107 (b) Section 36-29-202; and
108 (c) Section 36-29-203.
109 (3) Section 36-29-109 is repealed on November 30, 2027.
110 Section 3. Section 63N-17-201 is amended to read:
111 63N-17-201. Utah Broadband Center -- Creation -- Director -- Duties.
112 (1) There is created within the office the Utah Broadband Center.
113 (2) The executive director shall appoint a director of the broadband center to oversee
114 the operations of the broadband center.
115 (3) The broadband center shall:
116 (a) ensure that publicly funded broadband projects continue to be publicly accessible
117 and provide a public benefit;
118 (b) develop [
119 plan described in Section 63N-17-203;
120 (c) carry out the duties described in Section 63N-17-202; and
121 (d) administer the Broadband Access Grant Program in accordance with Part 3,
122 Broadband Access Grant Program.
123 (e) The broadband center shall ensure efficiency with respect to:
124 (i) expenditure of funds; and
125 (ii) avoiding duplication of efforts.
126 (f) The broadband center shall consider administering broadband infrastructure funds
127 in a manner that:
128 (i) efficiently maximizes the leverage of federal funding;
129 (ii) avoids the use of public funds for broadband facilities that duplicate existing
130 broadband facilities that already meet or exceed federal standards; and
131 (iii) accounts for the benefits and costs to the state of existing facilities, equipment, and
132 services of public and private broadband providers.
133 Section 4. Section 63N-17-203 is enacted to read:
134 63N-17-203. Statewide digital connectivity plan.
135 (1) As used in this section:
136 (a) "Commission" means the Utah Broadband Center Advisory Commission created in
137 Section 36-29-109.
138 (b) "Strategic plan" means the statewide digital connectivity plan created in Subsection
139 (2).
140 (2) The center shall develop the statewide digital connectivity plan.
141 (3) The strategic plan shall include strategies to:
142 (a) implement broadband connectivity statewide;
143 (b) promote digital equity;
144 (c) apply for federal infrastructure funds; and
145 (d) apply for additional funds.
146 (4) In developing the strategic plan, the center shall work with the commission.
147 (5) The center shall provide the commission with status updates regarding:
148 (a) implementation of the commission's recommendations;
149 (b) recommendations the center has received from the Transportation Commission,
150 created in Section 72-1-301;
151 (c) strategic plan development;
152 (d) strategic plan implementation;
153 (e) grants received;
154 (f) projects funded; and
155 (g) recommendations for legislation.
156 (6) The center shall submit the strategic plan to the commission for the commission's
157 recommendation before finalizing the strategic plan.
158 (7) On or before November 30 of each year, the center shall report to the commission
159 and the Public Utilities, Energy, and Technology Interim Committee regarding the status
160 updates described in Subsection (5).
161 Section 5. Effective date.
162 If approved by two-thirds of all the members elected to each house, this bill takes effect
163 upon approval by the governor, or the day following the constitutional time limit of Utah
164 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
165 the date of veto override.