SENATE 3rd Reading Unamended May 2, 2012 SENATE Amended 2nd Reading March 9, 2012Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO CHANGE IN SPONSORSHIP REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 12-0157.04 Chuck Brackney x2295 SENATE BILL 12-129 SENATE SPONSORSHIP Schwartz, Aguilar, Bacon, Heath, Hodge, Hudak, Johnston, King S., Newell, Roberts, Steadman, Tochtrop, White, Williams S. HOUSE SPONSORSHIP Coram, Senate Committees House Committees Agriculture, Natural Resources, and Energy A BILL FOR AN ACT Concerning access to affordable broadband internet connectivity in noncompetitive rural areas. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill creates definitions of "broadband" and "broadband access". It also requires the public utilities commission, in collaboration with the office of information technology and other broadband providers, to make recommendations regarding a strategy to connect more Coloradans in noncompetitive unserved and underserved markets to broadband. The commission and the office of information technology, using existing office broadband data and mapping, must identify noncompetitive unserved and underserved areas of the state no later than January 1, 2013. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. The general assembly hereby finds and declares that more clarity is needed with regard to state support for broadband deployment. This clarity would enhance economic development and job creation opportunities, provide access to essential services such as health care and education, facilitate the delivery of government services, and promote civic engagement. SECTION 2. In Colorado Revised Statutes, 24-37.5-102, amend (1); and add (1.2) as follows: 24-37.5-102. Definitions - repeal. As used in this article, unless the context otherwise requires: (1) "Chief information officer" means the chief information officer appointed pursuant to section 24-37.5-103 "Broadband access" means a broadband connection allowing users to access the internet and internet-related services at a minimum of four megabits per second download speed and one megabit per second upload speed.". (1.2) "Chief information officer" means the chief information officer appointed pursuant to section 24-37.5-103. SECTION 3. In Colorado Revised Statutes, 24-37.5-105, add (12) as follows: 24-37.5-105. Office - responsibilities - rules - broadband access - repeal. (12) The office of information technology, in collaboration with the public utilities commission and broadband service providers, shall use its best effort to identify and map areas of the state without broadband access as defined in section 24-37.5-102. The office shall complete a geographic database of areas of the state without broadband access no later than January 1, 2013. The office shall map all existing physical broadband assets owned by the state of Colorado, including fiber, towers, conduit, and access points, for all state agencies, entities, and departments. State agencies, entities, and departments must provide the necessary data to the office. The office may establish an advisory panel consisting of members from state and local government, broadband service providers, and other key stakeholders to identify whether additional support mechanisms are necessary to bring broadband access to a maximum number of areas of the state without broadband access. The office may apply to the public utilities commission for grant funds for the purpose of this subsection (12). The office is responsible for implementing only those aspects of this subsection (12) for which grant funding is received. SECTION 4. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.