As Introduced
134th General Assembly
Regular Session H. B. No. 2
2021-2022
Representatives Carfagna, Stewart
Cosponsors: Representatives O'Brien, Hall, Ghanbari, Lipps, Stephens, Seitz,
Stein, Koehler, Miller, J., LaRe, Ingram, Carruthers, Hoops, Baldridge, Cutrona,
White, Manning, Holmes, McClain, Riedel, Ginter, Loychik, Swearingen,
Richardson, Lanese, Young, T., Fraizer, Fowler Arthur, Click
A BILL
To amend sections 133.13 and 727.01 and to enact 1
sections 122.40, 122.401, 122.403, 122.404, 2
122.406, 122.407, 122.408, 122.4010, 122.4013, 3
122.4015, 122.4016, 122.4017, 122.4018, 4
122.4019, 122.4020, 122.4021, 122.4023, 5
122.4024, 122.4025, 122.4030, 122.4031, 6
122.4033, 122.4034, 122.4035, 122.4036, 7
122.4037, 122.4040, 122.4041, 122.4043, 8
122.4044, 122.4045, 122.4046, 122.4050, 9
122.4051, 122.4053, 122.4055, 122.4060, 10
122.4061, 122.4063, 122.4070, 122.4071, 11
122.4073, 122.4075, 122.4076, 122.4077, 188.01, 12
188.02, 188.05, 188.08, 188.11, 188.14, 188.17, 13
188.20, 188.23, 188.27, 188.30, 303.251, 14
505.881, 4926.01, 4926.03, 4926.06, 4926.09, 15
4926.12, 4926.15, 4926.18, 4926.21, 4926.24, 16
4926.27, 4926.30, 4926.33, 4926.36, 4926.39, 17
4926.42, 4926.43, 4926.45, 4926.48, 4926.51, 18
4926.54, 4926.57, and 4926.60 of the Revised 19
Code regarding broadband expansion, including 20
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As Introduced
access to electric cooperative easements and 21
facilities, and to make an appropriation. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 133.13 and 727.01 be amended and 23
sections 122.40, 122.401, 122.403, 122.404, 122.406, 122.407, 24
122.408, 122.4010, 122.4013, 122.4015, 122.4016, 122.4017, 25
122.4018, 122.4019, 122.4020, 122.4021, 122.4023, 122.4024, 26
122.4025, 122.4030, 122.4031, 122.4033, 122.4034, 122.4035, 27
122.4036, 122.4037, 122.4040, 122.4041, 122.4043, 122.4044, 28
122.4045, 122.4046, 122.4050, 122.4051, 122.4053, 122.4055, 29
122.4060, 122.4061, 122.4063, 122.4070, 122.4071, 122.4073, 30
122.4075, 122.4076, 122.4077, 188.01, 188.02, 188.05, 188.08, 31
188.11, 188.14, 188.17, 188.20, 188.23, 188.27, 188.30, 303.251, 32
505.881, 4926.01, 4926.03, 4926.06, 4926.09, 4926.12, 4926.15, 33
4926.18, 4926.21, 4926.24, 4926.27, 4926.30, 4926.33, 4926.36, 34
4926.39, 4926.42, 4926.43, 4926.45, 4926.48, 4926.51, 4926.54, 35
4926.57, and 4926.60 of the Revised Code be enacted to read as 36
follows: 37
Sec. 122.40. As used in sections 122.40 to 122.4077 of the 38
Revised Code: 39
(A) "Application" means an application made under section 40
122.4013 of the Revised Code for a program grant. 41
(B) "Broadband funding gap" means the difference between 42
the total amount of money a broadband provider calculates is 43
necessary to construct the last mile of a specific broadband 44
network and the total amount of money that the provider has 45
determined is the maximum amount of money that is cost effective 46
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As Introduced
for the provider to invest in last mile construction for that 47
network. 48
(C)(1) "Broadband provider" means one of the following: 49
(a) A video service provider as defined in section 1332.21 50
of the Revised Code; 51
(b) A provider that is capable of providing tier one or 52
tier two broadband service and is one of the following: 53
(i) A telecommunications service provider; 54
(ii) A satellite broadcasting service provider; 55
(iii) A wireless service provider as defined in section 56
4927.01 of the Revised Code. 57
(2) "Broadband provider" does not include a governmental 58
or quasi-governmental entity. 59
(D) "Eligible project" means a project to provide tier two 60
broadband service access to residences in an unserved area or 61
tier one area of a municipal corporation or township that is 62
eligible for funding under sections 122.4013 to 122.4046 of the 63
Revised Code. 64
(E) "Last mile" means the last portion of a physical 65
broadband network that connects an eligible project to the 66
broader network used to provide tier two broadband service, and 67
to which both of the following apply: 68
(1) It includes other network infrastructure in the last 69
portion of the network that is needed to provide tier two 70
broadband service to residences as part of an eligible project, 71
but does not include network infrastructure in any portion of 72
the network that is outside of the last portion. 73
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As Introduced
(2) It is not required to be, or limited to, a specific 74
distance measurement of one mile or any other specific distance. 75
(F) "Ohio residential broadband expansion grant program" 76
means the program established under sections 122.40 to 122.4077 77
of the Revised Code. 78
(G) "Program grant" means money awarded under the Ohio 79
residential broadband expansion grant program to assist in 80
covering the broadband funding gap for an eligible project. 81
(H) "Satellite broadcasting service" has the same meaning 82
as in section 5739.01 of the Revised Code. 83
(I) "Telecommunications service" has the same meaning as 84
in section 1332.21 of the Revised Code. 85
(J) "Tier one broadband service" means a retail wireline 86
or wireless broadband service capable of delivering internet 87
access at speeds of at least ten but less than twenty-five 88
megabits per second downstream and at least one but less than 89
three megabits per second upstream. 90
(K) "Tier two broadband service" means a retail wireline 91
or wireless broadband service capable of delivering internet 92
access at speeds of at least twenty-five megabits per second 93
downstream and at least three megabits per second upstream. 94
(L) "Tier one area" means an area that has access to tier 95
one broadband service but not tier two broadband service. "Tier 96
one area" includes an area where construction of a network to 97
provide tier one broadband service is in progress and is 98
scheduled to be completed within a two-year period. "Tier one 99
area" excludes an area where construction of a network to 100
provide tier two broadband service is in progress and is 101
scheduled to be completed within a two-year period. 102
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(M) "Unserved area" means an area without access to tier 103
one broadband service or tier two broadband service. "Unserved 104
area" excludes an area where construction of a network to 105
provide tier one broadband service or tier two broadband service 106
is in progress and is scheduled to be completed within a two- 107
year period. 108
Sec. 122.401. There is hereby established the Ohio 109
residential broadband expansion grant program within the 110
development services agency. The agency shall administer and 111
provide staff assistance for the program. The agency shall be 112
responsible for receiving and reviewing applications for program 113
grants and for sending completed applications to the broadband 114
expansion program authority for final review and award of 115
program grants. 116
Sec. 122.403. (A)(1) There is hereby created, within the 117
development services agency, the broadband expansion program 118
authority, which shall consist of the director of development 119
services or the director's designee, the director of the office 120
of InnovateOhio or the director's designee, and three other 121
members as follows: one member appointed by the president of the 122
senate, one member appointed by the speaker of the house of 123
representatives, and one member appointed by the governor. 124
(2) Appointed members shall have expertise in broadband 125
infrastructure and technology. Appointed members may not be 126
affiliated with or employed by the broadband industry or in a 127
position to benefit from a program grant. 128
(3) The assignment of designees by the director of 129
development services and the director of InnovateOhio shall be 130
made in writing. 131
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As Introduced
(B) Appointed members shall serve four year terms and are 132
eligible for reappointment. 133
(C) Vacancies shall be filled in the same manner as 134
provided for original appointments. Any member appointed to fill 135
a vacancy occurring prior to the expiration of the term for 136
which the member's predecessor was appointed shall hold office 137
for the remainder of that term. 138
(D)(1)(a) Appointed members shall receive a monthly 139
stipend as calculated under section 145.016 of the Revised Code 140
in an amount that will qualify each member for one year of 141
retirement service credit under the Ohio public employees 142
retirement system for each year of the member's term. 143
(b) Notwithstanding the requirement of section 145.58 of 144
the Revised Code that eligibility for health care coverage 145
provided under that section be based on years and types of 146
service credit in accordance with rules adopted by the public 147
employees retirement board, if the board provides health care 148
coverage under that section, no service credit earned for 149
service as a member of the authority shall be considered for 150
purposes of determining eligibility for coverage under that 151
section. 152
(c) Members shall receive reimbursement for their 153
necessary and actual expenses incurred in performing the 154
business of the authority. The reimbursements constitute, as 155
applicable, administrative costs of the Ohio residential 156
broadband expansion grant program. 157
(2) An appointed member of the authority who is currently 158
serving as an administrative department head under section 159
121.03 of the Revised Code is not eligible to receive a stipend 160
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under division (A) of this section. 161
(3) The agency shall be responsible for paying all 162
reimbursements and stipends under this section. 163
(E) The director of development services, or the 164
director's designee, shall serve as chairperson of the 165
authority. The members of the authority annually shall elect a 166
vice-chairperson from the members of the authority. Three 167
members of the authority constitute a quorum to transact and 168
vote on the business of the authority. An affirmative vote of 169
three members is necessary to approve any business, including 170
the election of the vice-chairperson. 171
(F) If the director of development services assigns a 172
designee to serve on the authority, the director of development 173
services shall appoint a professional employee of the 174
development services agency to serve as the director's designee 175
at authority meetings. In the absence of the director of 176
development services or the director's designee, the vice- 177
chairperson of the authority shall serve as chairperson of 178
authority meetings. 179
(G) The authority is not an agency for purposes of 180
sections 101.82 to 101.87 of the Revised Code. 181
Sec. 122.404. (A) Members of the broadband expansion 182
program authority may attend meetings of the authority 183
electronically by means of electronic communication if all of 184
the following apply: 185
(1) At least three of the members attending the meeting 186
are present in person at the place where the meeting is 187
conducted. 188
(2) The means of electronic communication permits, for the 189
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duration of the meeting, simultaneous communication among the 190
members attending electronically, the members attending in 191
person, and all members of the public attending in person. 192
(3) All votes taken at the meeting are to be taken by roll 193
call vote. 194
(B) Except in the case of an emergency, a member who 195
intends to attend a meeting by means of electronic communication 196
shall notify the chairperson of the member's intent not less 197
than forty-eight hours before the scheduled time of the meeting. 198
Sec. 122.406. The broadband expansion program authority 199
shall consider each application for a program grant that the 200
development services agency has reviewed and sent to it. The 201
authority shall score all applications according to the scoring 202
system established under section 122.4040 of the Revised Code 203
and award program grants based on that system according to 204
sections 122.4043 and 122.4044 of the Revised Code. 205
Sec. 122.407. The broadband expansion program authority 206
shall do the following: 207
(A) Continually examine, and propose updates to, any 208
broadband plan provided by law enacted by the general assembly 209
or executive order issued by the governor; 210
(B) Monitor the Ohio residential broadband expansion grant 211
program, including by doing the following: 212
(1) Tracking the details for annual applications to the 213
program, including: 214
(a) The number of applic