New Mexico Broadband Legislation
2022
The pro-broadband legislative package signed into law by Governor Lujan Grisham included the following bills:
(Each of the newly enacted laws took effect on July 1, 2023)
(Each of the newly enacted laws took effect on July 1, 2023)
- House Bill 160 Broadband Infrastructure (Representative Chandler, Representative Figueroa and Senator Padilla) – gives the State Transportation Commission discretion to waive Rights of Way fees for installation of infrastructure for the public good, to provide broadband Internet services to unserved or underserved locations as defined in the Connect New Mexico Act. The legislation removes obstacles for smaller Internet Service Providers (ISPs) to be able to commit to projects that may not be otherwise economically feasible.
- House Bill 232 Disclosure of Certain Info (Representatives Sarinana, Lord, and Block and Senator Ivey-Soto) — HB 232 aids OBAE in the broadband grant making process by establishing the confidentiality of certain grant application materials until the grant making process is complete, thereby ensuring a fair competitive process.
- House Bill 262 Transfer Connect New Mexico Program (Representatives Garratt, Sarinana & Figueroa) – implements Subsection H of the New Mexico Constitution Article 9, Section 14 (Anti-donation Clause) by authorizing OBAE to use Connect New Mexico Fund (CNMF) appropriations to grant awards to private entities for broadband infrastructure to provide service primarily for residential purposes. The bill transfers responsibility to OBAE to develop grant programs using CNMF appropriations and authorizes grant programs that promote any objective of the state broadband plan.
- Senate Bill 155 Use of Telecomm Fund for Broadband (Senators Sanchez and Padilla, Representative Sarinana) – Amends the Rural Telecommunications Act of New Mexico to require the PRC to hold rates static for three-years and increases the maximum size of the State Rural Universal Service Fund for broadband purposes to $30 million after December 31, 2026.
- Senate Bill 452 Broadband Changes (Senator Padilla) – among other changes, amends the DoIT Act to allow the secretary and OBAE to utilize the department’s established rates on a competitively neutral basis to provide internet service in order to connect underserved and unserved populations of New Mexico. Requires OBAE to follow an open process to identify unserved and underserved areas, while allowing for fair competition by private entities who would agree to provide service in unserved and underserved areas. With the exception of Tribes and Pueblos, the bill also requires all facilities-based providers to report semiannually to the broadband office each year on or before March 1 or September 1 depending on the data source in the same format as reported to the Federal Communications Commission. The bill delineates that all information reported by a facilities-based provider is critical infrastructure security-sensitive data for which the broadband office shall maintain confidentiality in accordance with applicable state and federal law.
2021
HB 10 - HOUSE BILL 10 - Connect New Mexico Act (Laws 2021, Ch. 120)
SB93 - SENATE BILL 93 - Broadband Access and Expansion Act (Laws 2021, Chapter 123)
SB 377 - SENATE BILL 377 - Broadband Appropriations - $110M (Laws 2021,Ch. 140, Section 17)
Broadband Appropriations to the Connect New Mexico Fund (FY2021-2026)
- Creates the Connect New Mexico Council
- Meet Monthly and four-year terms (staggered)
- Coordinate state agency broadband programs/projects
- Evaluate, prioritize, and award grant proposals
- Adopt rules to establish a competitive grant program
- Develop a Digital Equity Analysis and Plan inclusive of local/state/tribal entities
- Address affordability, training, and education
- Identify state/federal/private sector programs to close the digital equity gap
- Progress Report due August 1, 2023, to be incorporated in the Statewide Broadband Plan by January 1, 2024
- Creates the non-reverting Connect New Mexico Fund (appropriations, gifts, grants, donations)
- Annual Report due October 1st each year
- Increases amount of the PRC Rural Universal Services Fund to a minimum of $8M
SB93 - SENATE BILL 93 - Broadband Access and Expansion Act (Laws 2021, Chapter 123)
- Creates the Office of Broadband Access and Expansion; administratively supported by the
Department of Information Technology (DoIT) - Office managed by a director appointed by the Governor
- Duties include
- Establish standards for quality of service (homes, businesses, public facilities)
- Maintain the online NM Broadband Map
- Create and maintain a repository for broadband data/information
- Develop a three-year statewide broadband plan (due January 1, 2022)
- – Update plan annually and report to the Governor
- – Plan to be inclusive of state/local agencies, tribes, and public education input
- Office required to
- – Provide technical and planning assistance with a focus on regional planning
- – Form an advisory committee inclusive of state/local/tribal entities and the public
- – Identify federal and other funding sources
- State agencies required to coordinate with the Office
SB 377 - SENATE BILL 377 - Broadband Appropriations - $110M (Laws 2021,Ch. 140, Section 17)
Broadband Appropriations to the Connect New Mexico Fund (FY2021-2026)
- Plan, design, engineer, construct, and purchase, and equip broadband infrastructure ($70M)
- No more than seven million ($7M) to be spent contingent on submittal of an expenditure plan
- Development of a Broadband Office ($500K)
- Grants to local governments, tribes, electric/telephone cooperatives for planning/grant writing support ($5M)
- No more than $500K be spent contingent on submittal of an expenditure plan
- Plan, design, engineer, construct, purchase, equip broadband infrastructure for schools ($25M) from the Public-School Reform Fund
- No more than $2.5M to be spent contingent on submittal of an expenditure plan
- Appropriation of $10M to Economic Development Department to support “Emerging Broadband Technology”
Other Relevant State Legislation:
2014
2023
- Senate Bill 159 - Education Technology Infrastructure Program
2023
- Senate Bill 144 - Statewide Education Network
Federal Policy and Legislation
Federal Policy and Legislation: https://www.digitalinclusion.org/policy/