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Senate Engrossed
broadband service district authority; formation |
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State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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SENATE BILL 1661 |
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An Act
amending title 11, Arizona Revised Statutes, by adding chapter 15; relating to broadband services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 11, Arizona Revised Statutes, is amended by adding chapter 15, to read:
CHAPTER 15
BROADBAND SERVICE DISTRICT AUTHORITIES
ARTICLE 1. GENERAL PROVISIONS
11-2001. Definitions
In this chapter, unless the context otherwise requires:
1. "authority" means a broadband service district authority THAT is responsible for facilitating broadband deployment and connectivity FOR AGRICULTURAL PURPOSES.
2. "board" means the governing body of a broadband service district authority.
3. "Broadband service" means high-speed internet access that enables a user to transmit and receive data, video and other digital communication.
4. "District" means a designated geographic area established for broadband service improvements.
5. "Infrastructure":
(a) Means components necessary for broadband deployment.
(b) Includes transmission equipment, network facilities, data transport systems and related utilities.
11-2002. Formation of broadband authority district; purpose; funding
A. A group of individuals, businesses or organizations in a county with a population of more than two hundred thousand persons and less than two hundred ten thousand persons may petition the county board of supervisors to form a broadband authority district for any of the following purposes:
1. Facilitating the expansion and maintenance of broadband infrastructure.
2. Securing and managing funding for broadband projects.
3. Establishing guidelines and goals for broadband performance and accessibility.
4. Supporting policies and INITIATIVES that promote broadband deployment.
B. The district may receive funding from only either of the following:
1. Grants from government agencies or private organizations.
2. Services fees that are charged to the users of the broadband services who have elected to receive and use the broadband services and that are used to maintain and operate the broadband services.
c. the district may not deploy last mile residential broadband.
d. The district may not levy any new taxes. The district may collect and remit applicable taxes.
e. A broadband authority district organized under this chapter is a public, political and municipal corporation to the extent of the powers and privileges conferred by this chapter or granted generally to municipal corporations by the constitution and laws of this state, including immunity of its property and revenue taxation.
11-2003. Formation of the district; application; notice; hearing
A. Petitioners seeking to form a broadband authority district shall submit an application to the board of supervisors in the county where the proposed district is located. The application shall include all of the following:
1. A description of the proposed district boundaries.
2. The names of the petitioners.
3. The methodology for the selection of the members of the district board.
4. The proposed name of the district.
B. The county board of supervisors shall hold a public hearing on the application within six weeks after the submission of the application. Notice of the public hearing shall be published in a publication of general circulation in the county where the proposed district boundaries are located at least two weeks before the public hearing.
C. Individuals who own property in the proposed district boundaries or other interested parties may join the petition after the filing of the petition and at any time during the board of supervisors' consideration of the petition.
d. Following the public hearing required pursuant to this section, the board of supervisors may either:
1. Approve or deny the formation of the district.
2. Approve a modification of the proposed district boundaries.
3. Approve the methodology for selection of the district board members.
11-2004. Board members; bylaws; qualifications; powers and duties; annual report
A. The board shall consist of not fewer than five and not more than seven members. The board members shall represent interested stakeholders from the district. The board shall do all of the following:
1. Adopt bylaws for the operation of the district.
2. Hold regular meetings and maintain records of all board decisions.
3. Establish terms of office and procedures for selecting board members.
B. The board shall have the authority to do all of the following:
1. Enter into contracts to facilitate broadband infrastructure development and maintenance.
2. Manage and allocate monies for district projects.
3. Acquire, hold and dispose of property necessary for district activities.
4. Represent the district in legal matters.
5. Monitor and report on the performance and impact of broadband deployment efforts.
C. The board shall prepare an annual report detailing the financial activities and progress of the district. The report shall be distributed to members of the district and the county board of supervisors at least sixty days before the beginning of each fiscal year.