Bill > A4808

Introduced Session

This bill establishes in the Board of Public Utilities (BPU) a "Broadband Assistance Office" (broadband office). The broadband office is to be responsible for the formulation and execution of a comprehensive Statewide policy that fosters the provision of wired broadband service by government or private entities developing a broadband project, or both, if these entities develop a broadband project under a public-private partnership (P3) agreement, and be responsible for the development, promotion, coordination, oversight, and approval of a broadband project developed pursuant to the bill. The broadband office, in cooperation with the New Jersey Economic Development Authority (EDA), is to establish guidelines for the broadband office's approval, designation, operation, and reporting of a proposed broadband project, including any proposed broadband project developed under a P3 agreement, in a manner determined by the broadband office. The broadband office, in cooperation with the EDA, is to oversee, coordinate, and provide assistance to a broadband project approved by the broadband office. The broadband office is to consult and coordinate with representatives of other State departments, agencies, boards, and authorities, including the EDA and the Office of Information Technology (OIT), as these entities deem necessary and appropriate to accomplish the goals of the bill. To accomplish the broadband office's duties and responsibilities, it is to be responsible for: 1) in conjunction with the OIT, mapping Internet connectivity within the State; 2) engaging with stakeholders, such as broadband infrastructure developers, broadband service providers, and local government and school officials representing underserved communities; 3) in conjunction with the EDA, coordinating financial and technical assistance to municipalities wherein underserved communities are located, which include households and small businesses that cannot afford to receive broadband service or areas within municipalities that lack adequate broadband service; 4) establishing policies and procedures that encourage government and private entity participation and investment in broadband projects as necessary and appropriate to implement the provisions of the bill; 5) providing technical advice, guidance, and assistance to government and private entities to ensure the availability of the necessary expertise and capacity to develop and evaluate the merits of proposed broadband projects; 6) promoting informed and timely decision-making with regard to the development of broadband projects; 7) establishing appropriate qualification criteria for government and private entities, including the qualification of private entities undertaking an broadband project under a P3 agreement; and 8) monitoring and enforcing the broadband project policies and procedures established pursuant to the bill, which may include a provision for potential revenue sharing opportunities between a government entity and a private entity in certain defined or agreed circumstances, including broadband projects that achieve profits that exceed a negotiated rate of return established for a private entity in a P3 agreement. In evaluating a proposed broadband project, the broadband office is to: 1) consider whether leasing or purchasing established broadband infrastructure, such as unused fiber optic cable, is more advantageous in providing faster broadband service; 2) consider whether establishing a government entity or a non-profit corporation is appropriate to provide broadband infrastructure or broadband service to an underserved community; 3) evaluate the different methods, including P3 agreements with private entities, that other communities in this country have used to provide broadband infrastructure or broadband service to an underserved community; 4) determine the most cost effective method in which to establish broadband infrastructure and broadband service, with a cost estimate for a community and a price estimate for paying customers; and 5) explore all possible federal, State, and private sources of funding and technical assistance for the establishment of broadband infrastructure and broadband service in underserved communities and populations of this State. The bill establishes in the BPU a separate non-lapsing fund to be known as the "State Broadband Fund" (broadband fund) for use by the broadband office to adequately and properly perform the duties and responsibilities in carrying out the requirements of the bill. The BPU, in consultation with the EDA, is to determine the level of funding and the appropriate administration of the broadband fund. With financial assistance from the EDA and any available funding from federal, State and private entity sources, the BPU is to provide sufficient funding to the broadband office to enable the broadband office to provide funding for underserved communities to pay for broadband service and for the installation or expanded use of broadband infrastructure for communities that lack broadband access, specifically the portion of a communications infrastructure network that physically reaches the residents' or small business's premises within those communities. The bill allows the BPU, in consultation with the EDA, to seek and accept gifts, donations, grants, or loans from public or private sources, including, but not limited to, any funding provided by the Federal Communications Commission or any funding from a non-profit foundation, specifically for the provision of broadband infrastructure or broadband service, except that the BPU and EDA are not to accept a gift, donation, grant, or loan that is subject to conditions that are inconsistent with any other law of this State. The bill requires the BPU, in consultation with the EDA, to annually prepare a report to the Governor and the Legislature concerning the number, nature, structure, and scope of each broadband project developed, and whether the broadband project is developed under a P3 agreement. The report is to include: 1) a description of the broadband project and its location; 2) the costs incurred for the broadband project; 3) the number of jobs created and other economic and societal benefits of the broadband project; 4) the increase in the use and demand for broadband service as a result of the broadband project; 5) if applicable, the enhancements to the resiliency and reliability of the broadband service within the State; and 6) other relevant information as determined by the BPU. The report is to address any issues related to the implementation the bill, including staffing and resource requirements of the broadband office. The report is to set forth recommendations regarding how the processes and methods adopted to foster the development of broadband projects and any related P3 agreements under the bill may be improved, expanded, or made more efficient.

AI Summary

Committee Categories

Daniel Benson (D)*,  Herbert Conaway (D)*,  Andrew Zwicker (D)*,  Ralph Caputo (D),  Linda Carter (D),  JoAnn Downey (D),  Roy Freiman (D),  Thomas Giblin (D),  Gordon Johnson (D),  Yvonne Lopez (D),  Bill Moen (D),  Nancy Pinkin (D),  Verlina Reynolds-Jackson (D),  Lisa Swain (D),  Britnee Timberlake (D),  Chris Tully (D),  Valerie Vainieri Huttle (D),  Anthony Verrelli (D), 

Senate Budget and Appropriations Hearing (19:00 12/16/2021 The State House Annex has reopened to the general public. Visito) (on 12/16/2021)

Official Document