Section 301 – Creation of Broadband Access Grant Program.

Effective 7/1/2021
63N-17-301. Creation of Broadband Access Grant Program.

• (1) There is established a grant program known as the Broadband Access Grant Program that is administered by the broadband center in accordance with this part.

• (2)
  • (a) The broadband center may award a grant under this part to an eligible applicant who submits to the broadband center an application that includes a proposed project to extend broadband service to individuals and businesses in an unserved area or an underserved area by providing last-mile connections to end users.
  • (b) Subsection (2)(a) does not prohibit the broadband center from awarding a grant for a proposed project that also includes middle-mile elements that are necessary for the last-mile connections.

• (3) In awarding grants under this part, the broadband center shall:
  • (a) based on the following criteria and in the order provided, prioritize proposed projects:
    • (i) located in unserved areas;
    • (ii) located in underserved areas;
    • (iii)
      • (A) that the eligible applicant developed after meaningful engagement with the impacted community to identify the community’s needs and innovative means of providing a public benefit that addresses the community’s needs; and
      • (B) that include, as a component of the proposed project, a long-term public benefit to the impacted community developed in response to the eligible applicant’s engagement with the community;
    • (iv) located in an economically distressed area of the state, as measured by indices of unemployment, poverty, or population loss;
    • (v) that make the greatest investment in last-mile connections;
    • (vi) that provide higher speed broadband access to end users; and
    • (vii) for which the eligible applicant provides at least 25% of the money needed for the proposed project, with higher priority to proposed projects for which the eligible applicant provides a greater percentage of the money needed for the proposed project; and
  • (b) consider the impact of available funding for the proposed project from other sources, including money from matching federal grant programs.

• (4) The broadband center may not award a grant under this part that exceeds $7,500,000.

• (5) For a project that the eligible applicant cannot complete in a single fiscal year, the broadband center may distribute grant proceeds for the project over the course of the project’s construction.

• (6) In awarding grants under this part, the broadband center shall ensure that grant funds are not used in a manner that causes competition among projects that are substantially supported by state funds, as determined in accordance with rule made by the broadband center.

• (7) As provided in and subject to the requirements of Title 63G, Chapter 2, Government Records Access and Management Act, a record submitted to the broadband center that contains a trade secret or confidential commercial information described in Subsection 63G-2-305(2) is a protected record.

Enacted by Chapter 282, 2021 General Session

Technically renumbered to avoid duplication of section number also enacted in HB217, Chapter 373.