Bill > A812

Introduced Session

This bill requires the Office of Information Technology (OIT) in the Department of the Treasury (department) to establish a Statewide wireless network (network) through a public-private partnership agreement with a private entity that is to assume full financial and administrative responsibility for the construction, reconstruction, repair, improvement, extension, operation, and maintenance of the network, provided that the network project is financed in whole or in part by the private entity and any owner of the land or property upon which the project is located retains full ownership of their land or property. The public-private partnership may include a leaseback agreement. The bill provides that, prior to entering into a public-private partnership, the OIT is to determine: 1) the benefits to be realized by the project; 2) the cost of project if it is developed by a State government entity supported by comparisons to comparable projects; 3) the maximum public contribution that the office will allow under the public-private partnership agreement; 4) a comparison of the financial and non-financial benefits of the public-private partnership agreement compared to other options including the public sector option; 5) a list of risks, liabilities, and responsibilities to be transferred to the private entity and those to be retained by the office; and 6) if the project has a high, medium, or low level of project delivery risk, how the public is protected from these risks. The OIT is to also hold a public hearing in the northern, central, and southern regions of the State to present information supporting the establishment and construction of the network. The OIT is to require that the private entity include, but not be limited to, the following in the private entity's proposal to construct the network: 1) at least two tiers of minimum and maximum download and upload speeds for the broadband telecommunications service provided by the network, the slowest of which is to be be offered to the public free of charge; 2) proposed rates not to exceed $10 per month that shall apply to any speed tier that is not the slowest speed tier; 3) a description and proof of effective application of all broadband telecommunications infrastructure the private entity is capable of using in constructing and operating the network; 4) a commitment from the private entity to fully cooperate with the governing body of any local unit within which the private entity is to construct or install broadband telecommunications infrastructure in any public right-of-way, under terms and conditions as may be agreed upon by the governing body and the private entity; and 5) a commitment from the private entity to fully cooperate with any person owning or having the right to use any poles, street lights, posts, towers, or other structures erected along any public right-of-way, under terms and conditions as may be agreed upon by the person and the private entity. The bill provides that the OIT, in consultation with the department, is to review all submitted proposals, and request additional information as is needed to make a complete assessment of the project. A public-private partnership agreement is not to be executed until approval has been granted by the office and department. The OIT is to retain the right to revoke approval of a proposal if the project has substantially deviated from the proposal.

AI Summary

Committee Categories

Linda Carter (D)*,  Britnee Timberlake (D)*,  Verlina Reynolds-Jackson (D), 

Introduced, Referred to Assembly Science, Innovation and Technology Committee (on 01/11/2022)

Official Document