Bill Text: CA AB1588 | 2023-2024 | Regular Session | Amended
Bill Title: Affordable Internet and Net Equality Act of 2024.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed) 2024-01-29 - In Senate. Read first time. To Com. on RLS. for assignment. [AB1588 Detail]
Download: California-2023-AB1588-Amended.html
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Amended
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January 22, 2024 |
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January 12, 2024 |
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Amended
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April 11, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1588
| Introduced by Assembly Member Wilson (Coauthors: Assembly Members Aguiar-Curry, Garcia, McKinnor, and Reyes) |
February 17, 2023 |
An act to add Section 11548.5 to the Government Code, relating to communications.
LEGISLATIVE COUNSEL'S DIGEST
AB 1588, as amended, Wilson.
Affordable Internet and Net Equality Act of 2023. 2024.
Existing law requires all contracts for the acquisition of information technology goods and services related to information technology projects, as defined, to be made by or under the supervision of the Department of Technology, which also has the final authority in the determination of information technology procurement policy.
This bill, the Affordable Internet and Net Equality Act of 2023, 2024, would require the Department of Technology, in coordination with the Public Utilities Commission and the Department of General Services, to develop and establish the Net Equality Program. The bill would
require the state and state agencies to only enter into a procurement contract with an internet service provider offering affordable home internet service, which costs no more than $40 per month and meets specified minimum speed requirements, to households participating in certain public assistance programs, or with an internet service provider participating in the federal Affordable Connectivity Program, or any other state or federal program that offers broadband affordability assistance for qualifying households, and meeting the bill’s price and minimum speed requirements, as specified. households that qualify for that program, and that offers to households that qualify for those programs internet service that costs no more than $40 per month and meets specified minimum speed requirements.
This bill would require the Department of Technology to annually post on its internet website a list of internet service providers that meet the requirements of the bill, as provided. The bill would not apply to the Department of Forestry and Fire Protection, the Office of Emergency Services, political subdivisions of the state, including, but not limited to, cities and counties, a contract entered into before January 1, 2025, 2026, or an internet service provider with fewer than 100,000 California residential subscribers. The bill would also make its provisions severable.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 11548.5 is added to the Government Code, to read:11548.5.
(a) This section shall be known, and may be cited, as the Affordable Internet and Net Equality Act of(b) As used in this section, the following definitions apply:
(1) “Affordable home internet service” means internet service costing no more than forty dollars ($40) per month and that meets the minimum speed requirements.
(2) “Commercial mobile service” means any mobile service that
is provided for profit and makes interconnected service available (A) to the public or (B) to such classes of eligible users as to be effectively available to a substantial portion of the public. The Department of Technology may subsequently modify the definition of “commercial mobile service” to avoid conflict with Section 332 of Title 47 of the United States Code or regulations adopted pursuant to that section.
(3) “Eligible household” means a resident in a group home or congregate care facility within the qualified internet service provider’s California service territory participating in a qualified public assistance program, or a household within the qualified internet service provider’s California service territory with at least one resident of the household participating in a qualified public assistance program.
(4) “Internet service” or “internet” means “Broadband Internet access service” as defined in subdivision (b) of Section 3100 of the Civil Code, except commercial mobile service and private mobile service.
(5) “Minimum speed requirements” means at least 25 100 megabits per second downstream and 3 20 megabits per second upstream and sufficient speed and latency to support distance learning and telehealth services. The Department of Technology may
subsequently increase the “minimum speed requirements” for the purpose of aligning the minimum service requirements with updated state or federal policies, but the department shall not redefine “minimum speed requirements” to provide slower speeds than 25 100 megabits per second downstream and 3 20 megabits per second upstream.
(6) “Private mobile service” means any mobile service that is not a commercial mobile service or the functional equivalent of a commercial mobile service. The Department of
Technology may subsequently modify the definition of “private mobile service” to avoid conflict with Section 332 of Title 47 of the United States Code or regulations adopted pursuant to that section.
(7) “Qualified public assistance programs” means the California Alternate Rates for Energy program, the National School Lunch Program, the State Supplementary Payment Program, the Temporary Assistance for Needy Families program, CalFresh, Covered California, Medi-Cal, and Supplemental Security Income, and persons receiving financial aid for postsecondary education.
(8) “Qualified internet service provider” means an internet service provider doing business in California that enters into a procurement contract with the state or state agencies.
(c) (1) The Department of Technology, in coordination with the Public Utilities Commission and the Department of General Services, shall develop and establish the Net Equality Program. Under the program, the state and state agencies shall only enter into a procurement contract with an internet service provider doing business in California that offers affordable home internet service to all eligible households.
(2) The Department of Technology shall, on or before December 31, 2024, 2025, and each year thereafter, annually post on its internet website a list of internet service providers that meet the requirements of this section. The state and
state agencies shall use that list to identify the internet service providers that are eligible to enter into a procurement contract with the state or state agencies pursuant to this section.
(d)Notwithstanding paragraph (1) of subdivision (c), an internet service provider doing business in California that participates in the federal Affordable Connectivity Program or any other state or federal program that offers broadband affordability assistance for qualifying households, and that meets the price and minimum speed requirements defined in subdivision (b), shall
be considered a qualified internet service provider and may enter into a procurement contract with the state and state agencies.
(d) Notwithstanding paragraph (1) of subdivision (c), an internet service provider doing business in California may enter into a procurement contract with the state and state agencies if the internet service provider does both of the following:
(1) Participates in one or more of the following programs:
(A) The federal Affordable Connectivity Program.
(B) Any other state or federal program that offers broadband affordability assistance to households that qualify for that program.
(2) For all households that qualify for a program described in subparagraph (A) or (B) of paragraph (1), offers internet service that costs no more than forty dollars ($40) per month and that meets the minimum speed requirements described in paragraph (5) of subdivision (b).
(e) All eligible households shall be allowed to immediately convert to affordable home internet service during the month that the household qualifies as an eligible household.
(f) The exemptions in Section 11548 do not apply to this section.
(g) If, within a given geographic area, only one internet service provider is available and that internet service provider does not meet the requirements of
this section, the state and state agencies may enter into a procurement contract in that geographic area with
the internet service provider even though the internet service provider does not meet the requirements of this section.
(h) This section shall not apply to any of the following:
(1) The Department of Forestry and Fire Protection.
(2) The Office of Emergency Services.
(3) Political subdivisions of the state, including, but not limited to, cities and counties.
(4) A contract entered into before January 1, 2025. 2026.
(5) An internet service provider with fewer than 100,000 California residential subscribers.
(i) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
