First Regular Session H.B. 2144
PROPOSED
SENATE AMENDMENTS TO H.B. 2144
(Reference to House engrossed bill)
Strike everything after the enacting clause and insert:
"Section 1. Title 9, chapter 5, article 8, Arizona Revised Statutes, is amended by adding section 9-600.01, to read:
9-600.01. Broadband service; unserved or underserved areas; right-of-way
IN ANY PORTION OF A CITY OR TOWN OWNED RIGHT-OF-WAY THAT IS UNSERVED OR UNDERSERVED BY BROADBAND SERVICE, A CITY OR TOWN, WITHIN THIRTY DAYS, SHALL PROMPTLY PROCESS EACH VALID AND ADMINISTRATIVELY COMPLETE APPLICATION OF A PROVIDER FOR ANY PERMIT, LICENSE OR CONSENT TO EXCAVATE, SET POLES, LOCATE LINES, CONSTRUCT FACILITIES, MAKE REPAIRS, EFFECT TRAFFIC FLOW OR OBTAIN ZONING OR SUBDIVISION REGULATION APPROVALS OR FOR OTHER SIMILAR APPROVALS WITH RESPECT TO FACILITIES TO BE CONSTRUCTED IN THE PUBLIC RIGHT-OF-WAY. THE CITY OR TOWN SHALL MAKE A REASONABLE EFFORT NOT TO DELAY OR BURDEN THE PROVIDER IN THE TIMELY CONDUCT OF THE PROVIDER'S BUSINESS or charge any non-cost based permitting fees. THE CITY OR TOWN SHALL USE ITS BEST EFFORTS TO ASSIST THE PROVIDER IN OBTAINING ALL PERMITS, LICENSES AND OTHER CONSENTS IN A TIMELY MANNER.
Sec. 2. Title 11, chapter 13, article 1, Arizona Revised Statutes, is amended by adding section 11-1811, to read:
11-1811. Broadband service; unserved or underserved areas; right-of-way
IN ANY PORTION OF A COUNTY OWNED RIGHT-OF-WAY THAT IS UNSERVED OR UNDERSERVED BY BROADBAND SERVICE, A COUNTY, WITHIN THIRTY DAYS, SHALL PROMPTLY PROCESS EACH VALID AND ADMINISTRATIVELY COMPLETE APPLICATION OF A PROVIDER FOR ANY PERMIT, LICENSE OR CONSENT TO EXCAVATE, SET POLES, LOCATE LINES, CONSTRUCT FACILITIES, MAKE REPAIRS, EFFECT TRAFFIC FLOW OR OBTAIN ZONING OR SUBDIVISION REGULATION APPROVALS OR FOR OTHER SIMILAR APPROVALS WITH RESPECT TO FACILITIES TO BE CONSTRUCTED IN THE PUBLIC RIGHT-OF-WAY. THE COUNTY SHALL MAKE A REASONABLE EFFORT NOT TO DELAY OR BURDEN THE PROVIDER IN THE TIMELY CONDUCT OF THE PROVIDER'S BUSINESS or charge any non-cost based permitting fees. THE COUNTY SHALL USE ITS BEST EFFORTS TO ASSIST THE PROVIDER IN OBTAINING ALL PERMITS, LICENSES AND OTHER CONSENTS IN A TIMELY MANNER.
Sec. 3. Section 41-1511, Arizona Revised Statutes, is amended to read:
41-1511. State broadband office; director; duties; right-of-way
A. The state broadband office is established in the authority.
B. The state broadband office consists of the state broadband director, who serves at the pleasure of the chief executive officer. The chief executive officer may hire staff for the state broadband office to do the following:
1. Coordinate the implementation of local, state and federal broadband programs.
2. Coordinate and execute federal broadband grant applications with public and private stakeholders.
3. Provide guidance and support to stakeholders in navigating local, state and federal regulatory and permitting processes for broadband infrastructure projects.
4. Provide guidance and support to local and state public and private partners on federal, state and local broadband policies and practices.
5. Solicit feedback from stakeholders to develop long-term local, state and federal broadband policy priorities that may influence local, state and federal broadband policies and programs.
6. Work with local partners, state and federal agencies and telecommunication providers to develop plans to improve internet connectivity and resiliency in this state.
C. The state broadband office shall publish and maintain a state broadband plan that further elaborates on the strategies and tactics to achieve this state's broadband goals.
D. The state broadband office may develop rules and guidelines to implement this section.
E. IN ANY PORTION OF A STATE OWNED RIGHT-OF-WAY THAT IS UNSERVED OR UNDERSERVED BY BROADBAND SERVICE, A STATE AGENCY, WITHIN THIRTY DAYS, SHALL PROMPTLY PROCESS EACH VALID AND ADMINISTRATIVELY COMPLETE APPLICATION OF A PROVIDER FOR ANY PERMIT, LICENSE OR CONSENT TO EXCAVATE, SET POLES, LOCATE LINES, CONSTRUCT FACILITIES, MAKE REPAIRS, EFFECT TRAFFIC FLOW OR OBTAIN ZONING OR SUBDIVISION REGULATION APPROVALS OR FOR OTHER SIMILAR APPROVALS WITH RESPECT TO FACILITIES TO BE CONSTRUCTED IN THE PUBLIC RIGHT-OF-WAY. THE STATE AGENCY SHALL MAKE A REASONABLE EFFORT NOT TO DELAY OR BURDEN THE PROVIDER IN THE TIMELY CONDUCT OF THE PROVIDER'S BUSINESS or charge any non-cost based permitting fees. THE STATE AGENCY SHALL USE ITS BEST EFFORTS TO ASSIST THE PROVIDER IN OBTAINING ALL PERMITS, LICENSES AND OTHER CONSENTS IN A TIMELY MANNER."
Amend title to conform