BROADBAND CHANGES/DIT.-AB

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View NCGA Bill Details2023-2024 Session
House Bill 197 (Public) Filed Thursday, February 23, 2023
AN ACT TO MAKE VARIOUS CHANGES TO THE LAWS REGARDING BROADBAND DEPLOYMENT AND THE DEPARTMENT OF INFORMATION TECHNOLOGY.
Intro. by Johnson.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Jun 29 2023)

SOG comments (1):

Long title change

House committee substitute to the 1st edition changed the long title. Original title was AN ACT TO MAKE VARIOUS CHANGES TO THE STATUTES REGARDING BROADBAND DEPLOYMENT WITH THE DEPARTMENT OF INFORMATION TECHNOLOGY.

H 197

Bill Summaries:

  • Summary date: Jun 27 2023 - View Summary

    House committee substitute to the 2nd edition makes the following changes.

    Amends the percentage of initial Federal Broadband Equity, Access, and Development Program (BEAD) grant funds that the Department of Information Technology (DIT) may use for the listed purposes in SL 2021-180, as amended, as follows: (1) decreases the percentage that may be used for grant planning purposes from up to 3% to up to 1% and (2) decreases the percentage that may be used for administrative purposes from up to 2% to up to 1.5%. Authorizes DIT to use up to the actual amount of federal funds received for any Digital Equity planning funds.

    Amends GS 143B-1337 (the Information Technology Strategy Board [Board]) to change the Board chair from the State Chief Technology Officer (CIO) to a Chair elected by a majority of the Board members. Provides for a one-year term for the Chair. Prevents the State CIO or any employee of DIT from being elected to serve as chair. Clarifies that the statute should not be deemed to extend the powers and duties of the Board to the areas of broadband mapping, broadband services, or any of the broadband deployment programs set forth in GS Chapter 143B’s article on DIT or otherwise established by State law or administered by DIT.

    Requires DIT to develop and establish a formal challenge process that conforms with BEAD federal regulations and guidance for broadband programs. Requires DIT to solicit input from stakeholders and to consider the adaptability of the challenge process to fit existing State broadband grant programs and anticipated requirements related to federal programs. Requires DIT to submit a report outlining the formal challenge process and any legislative recommendations to the specified NCGA committee and the Fiscal Research Division by December 1, 2023.

    Makes organizational changes. Makes conforming changes to act’s effective date.


  • Summary date: Apr 27 2023 - View Summary

    House committee substitute to the 1st edition makes the following changes. 

    Discards the changes to GS 143B-1373 (Growing Rural Economies with Access to Technology) from section 1 of the previous edition. 

    Removes a reference to grant funds received by the Department of Information Technology in the changes to Section 38.4(b) of SL 2021-180, as amended. The language now references only “any Digital Equity planning funds.”

    Amends the act's long title.


  • Summary date: Feb 23 2023 - View Summary

    Amends GS 143B-1373 to require applications submitted for Growing Rural Economies with Access to Technology grants include a listing of areas in the State that are being served with broadband access by the applicant. Requires that protests to grant applications submitted under subsection (e) include a listing of areas in the State that are being served broadband access by the protestor. Permits the Broadband Infrastructure Office in the Department of Information Technology (Office) to deny any application or protest for being incomplete, in addition to the current ground of inaccurate information. Directs the Office to distribute federal grant funds for broadband expansion in accordance with the section, GS 143B-1373.1 (Completing Access to Broadband program), or as otherwise directed by the General Assembly. No longer provides that the federal funds for expansion remain unexpended until appropriated by an act of the NCGA. Defines broadband expansion

    Amends Section 38.5 of SL 2021-180, as amended, to include businesses, state facilities, and community anchor institutions, along with the current households, in the list of unserved and underserved locations justifying grants from the Department of Information Technology to broadband providers for the installation and provision of broadband service. Amends Section 38.4(b) to include digital equity planning and grant funds received by the Department of Information Technology in the list of appropriated federal funds that the Department may use for broadband programs.