AB 2751: Affordable Internet and Net Equality Act of 2022.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-05-02
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 2022, 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, except the Department of Forestry and Fire Protection and the Office of Emergency Services, to only do business with an internet service provider offering affordable home internet service to households participating in certain public assistance programs, as specified. The bill would define affordable home internet service to mean internet service costing no more than $40 per month and that meets specified minimum speed requirements. The bill would require these internet service providers to establish a telephone number to sign up eligible households and would require these providers to advertise the availability of affordable home internet service, among other requirements placed on these providers. The bill would also make its provisions severable.
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 2022, 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 agencies, except the Department of Forestry and Fire Protection and the Office of Emergency Services, to only do business with an internet service provider offering affordable home internet service to households participating in certain public assistance programs, as specified. The bill would define affordable home internet service to mean internet service costing no more than $40 per month and that meets specified minimum speed requirements. The bill would require these internet service providers to establish a telephone number to sign up eligible households and would require these providers to advertise the availability of affordable home internet service, among other requirements placed on these providers. The bill would also make its provisions severable.
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 2022, would require the commission, Department of Technology, in coordination with the Department of Technology 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 do business with an internet service provider offering affordable home internet service to households participating in certain public assistance programs, as specified. The bill would define affordable home internet service to mean internet service costing no more than $20 $40 per month and that meets specified minimum speed requirements. The bill would require these internet service providers to establish a telephone number to sign up eligible households and would require these providers to advertise the availability of affordable home internet service, among other requirements placed on these providers. The bill would also make its provisions severable.
Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the provisions of this bill would be parts of the act and a violation of a commission action implementing the bills requirements would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Pursuant to its existing authority, the commission supervises administration of the states telecommunications universal service programs, including programs financed through the California Teleconnect Fund Administrative Committee Fund and California Advanced Services Fund, which provide high-quality advanced communication services, also known as broadband services.
This bill, the Affordable Internet and Net Equality Act of 2022, would require the commission, in coordination with the Department of Technology 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 do business with an internet service provider offering affordable home internet service to households participating in certain public assistance programs, as specified. The bill would define affordable home internet service to mean internet service costing no more than $20 per month and that meets specified minimum speed requirements. The bill would require these internet service providers to establish a telephone number to sign up eligible households and would require these providers to advertise the availability of affordable home internet service, among other requirements placed on these providers. The bill would also make its provisions severable.
Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the provisions of this bill would be parts of the act and a violation of a commission action implementing the bills requirements would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(a)This section shall be known, and may be cited, as the Affordable Internet and Net Equality Act of 2022.
(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)Eligible household means a resident in a group home or congregate care facility within the qualified internet service providers California service territory participating in a qualified public assistance program, or a household within the qualified internet service providers California service territory with at least one resident of the household participating in a qualified public assistance program.
(3)Internet service or internet means Broadband Internet access service as defined in subdivision (b) of Section 3100 of the Civil Code.
(4)Minimum speed requirements means at least 25 megabits per second downstream and 3 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 megabits per second downstream and 3 megabits per second upstream.
(5)Overall goals for adoption means that at least 90 percent of eligible households receive affordable home internet service by January 1, 2024, and at least 95 percent of eligible households receive affordable home internet service by January 1, 2027.
(6)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.
(7)Qualified internet service provider means an internet service provider doing business in California with the state or with state agencies, including through a procurement contract.
(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 do business, such as through 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 ensure that the overall goals for adoption are met. monitor the progress toward achieving the overall goals for adoption.
(d)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.
(e)A qualified internet service provider shall establish a telephone number with trained, and preferably dedicated, personnel to sign up eligible households for affordable home internet service in no more than 30 minutes.
(f)A qualified internet service provider shall advertise the availability of affordable home internet service and the federal Affordable Connectivity Program or an equivalent program offered by the Federal Communications Commission, including by providing a telephone number for interested persons to call. The advertisements shall include placing advertisements with public and nongovernmental organizations and in media in multiple languages, in print and online, until there is documented awareness of the availability of affordable home internet service by at least 80 percent of all eligible households according to a reputable statewide survey, or 95 percent of all eligible households are connected to the internet at home according to the same reputable statewide survey.
(g)A qualified internet service provider shall meet annually with the Department of Technology and the California Broadband Council in an open workshop with key stakeholders, including, but not limited to, the California Emerging Technology Fund, the Regional Broadband Consortia, and California Advanced Services Fund Adoption Account grantees, to confer on how to achieve the overall goals for adoption and explore options for establishing and advancing strategic and effective public-private partnerships.
(h)A qualified internet service provider shall report annually to the Department of Technology, beginning the year after the provider first becomes a qualified internet service provider, the number of newly eligible households that signed up for affordable home internet service since the previous report and the total number of eligible households subscribing to affordable home internet service.
(i)The exemptions in Section 11548 do not apply to this section.
(j)This section does not apply to the Department of Forestry and Fire Protection or to the Office of Emergency Services.
(k)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.
(a)This section shall be known, and may be cited as, cited, as the Affordable Internet and Net Equality Act of 2022.
(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)Eligible household means a resident in a group home or congregate care facility within the qualified internet service providers California service territory participating in a qualified public assistance program, or a household within the qualified internet service providers California service territory with at least one resident of the household participating in a qualified public assistance program.
(3)Internet service or internet means Broadband Internet access service as defined in subdivision (b) of Section 3100 of the Civil Code.
(4)Minimum speed requirements means at least 25 megabits per second downstream and 3 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 megabits per second downstream and 3 megabits per second upstream.
(5)Overall goals for adoption means that at least 90 percent of eligible households receive affordable home internet service by January 1, 2024, and at least 95 percent of eligible households receive affordable home internet service by January 1, 2027.
(6)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.
(7)Qualified internet service provider means an internet service provider doing business in California with the state or with state agencies, including through a procurement contract.
(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 do business, such as through 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 ensure that the overall goals for adoption are met.
(d)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.
(e)A qualified internet service provider shall establish a telephone number with trained, and preferably dedicated, personnel to sign up eligible households for affordable home internet service in no more than 30 minutes.
(f)A qualified internet service provider shall advertise the availability of affordable home internet service and the federal Affordable Connectivity Program or an equivalent program offered by the Federal Communications Commission, including by providing a telephone number for interested persons to call. The advertisements shall include placing advertisements with public and nongovernmental organizations and in media in multiple languages, in print and online, until there is documented awareness of the availability of affordable home internet service by at least 80 percent of all eligible households according to a reputable statewide survey, or 95 percent of all eligible households are connected to the internet at home according to the same reputable statewide survey.
(g)A qualified internet service provider shall meet annually with the Department of Technology and the California Broadband Council in an open workshop with key stakeholders, including, but not limited to, the California Emerging Technology Fund, the Regional Broadband Consortia, and California Advanced Services Fund Adoption Account grantees, to confer on how to achieve the overall goals for adoption and explore options for establishing and advancing strategic and effective public-private partnerships.
(h)A qualified internet service provider shall report annually to the Department of Technology, beginning the year after the provider first becomes a qualified internet service provider, the number of newly eligible households that signed up for affordable home internet service since the previous report and the total number of eligible households subscribing to affordable home internet service.
(i)The exemptions in Section 11548 do not apply to this section.
(j)This section does not apply to the Department of Forestry and Fire Protection or to the Office of Emergency Services.
(j)(k)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.
(a)This section shall be known, and may be cited as, the Affordable Internet and Net Equality Act of 2022.
(b)As used in this section, the following definitions apply:
(1)Affordable home internet service means internet service costing no more than twenty dollars ($20) forty dollars ($40) per month and that meets the minimum speed requirements.
(2)Eligible household means a resident in a group home or congregate care facility within the qualified internet service providers California service territory participating in a qualified public assistance program, or a household within the qualified internet service providers California service territory with at least one resident of the household participating in a qualified public assistance program.
(3)Internet service or internet means Broadband Internet access service as defined in subdivision (b) of Section 3100 of the Civil Code.
(4)Minimum speed requirements means at least 25 megabits per second downstream and 3 megabits per second upstream and sufficient speed and latency to support distance learning and telehealth services. The commission Department of Technology may subsequently initiate proceedings to redefine increase the minimum speed requirements, including by considering changes to federal speed requirements, requirements for the purpose of aligning the minimum service requirements with updated state or federal policies, but the commission department shall not redefine minimum speed requirements to provide slower speeds than 25 megabits per second downstream and 3 megabits per second upstream.
(5)Overall goals for adoption means that at least 90 percent of eligible households receive affordable home internet service by January 1, 2024, and at least 95 percent of eligible households receive affordable home internet service by January 1, 2027.
(6)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.
(7)Qualified internet service provider means an internet service provider doing business in California with the state or with state agencies, including through a procurement contract.
(c)(1)The commission, Department of Technology, in coordination with the Department of Technology 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 do business, such as through a procurement contract, with an internet service provider doing business in California that offers affordable home internet service to all eligible households.
(2)The commission Department of Technology shall ensure that the overall goals for adoption are met.
(d)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.
(e)A qualified internet service provider shall establish a telephone number with trained, and preferably dedicated, personnel to sign up eligible households for affordable home internet service in no more than 30 minutes.
(f)A qualified internet service provider shall advertise the availability of affordable home internet service and the federal Affordable Connectivity Program or an equivalent program offered by the Federal Communications Commission, including by providing a telephone number for interested persons to call. The advertisements shall include placing advertisements with public and nongovernmental organizations and in media in multiple languages, in print and online, until there is documented awareness of the availability of affordable home internet service by at least 80 percent of all eligible households according to a reputable statewide survey, or 95 percent of all eligible households are connected to the internet at home according to the same reputable statewide survey.
(g)A qualified internet service provider shall meet annually with the commission Department of Technology and the California Broadband Council in an open workshop with key stakeholders, including, but not limited to, the California Emerging Technology Fund, the Regional Broadband Consortia, and California Advanced Services Fund Adoption Account grantees, to confer on how to achieve the overall goals for adoption and explore options for establishing and advancing strategic and effective public-private partnerships.
(h)A qualified internet service provider shall report annually to the Department of Technology, beginning the year after the provider first becomes a qualified internet service provider, the number of newly eligible households that signed up for affordable home internet service since the previous report and the total number of eligible households subscribing to affordable home internet service.
(i)The exemptions in Section 11548 do not apply to this section.
(i)(j)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.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.(a)This section shall be known, and may be cited as, the Affordable Internet and Net Equality Act of 2022.
(b)As used in this section, the following definitions apply:
(1)Affordable home internet service means internet service costing no more than twenty dollars ($20) per month and that meets the minimum speed requirements.
(2)Eligible household means a resident in a group home or congregate care facility within the qualified internet service providers California service territory participating in a qualified public assistance program, or a household within the qualified internet service providers California service territory with at least one resident of the household participating in a qualified public assistance program.
(3)Internet service or internet means Broadband Internet access service as defined in subdivision (b) of Section 3100 of the Civil Code.
(4)Minimum speed requirements means at least 25 megabits per second downstream and 3 megabits per second upstream and sufficient speed and latency to support distance learning and telehealth services. The commission may subsequently initiate proceedings to redefine minimum speed requirements, including by considering changes to federal speed requirements, but the commission shall not redefine minimum speed requirements to provide slower speeds than 25 megabits per second downstream and 3 megabits per second upstream.
(5)Overall goals for adoption means that at least 90 percent of eligible households receive affordable home internet service by January 1, 2024, and at least 95 percent of eligible households receive affordable home internet service by January 1, 2027.
(6)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.
(7)Qualified internet service provider means an internet service provider doing business in California with the state or with state agencies, including through a procurement contract.
(c)(1)The commission, in coordination with the Department of Technology and the Department of General Services, shall develop and establish the Net Equality Program. Under the program, the state and state agencies shall only do business, such as through a procurement contract, with an internet service provider doing business in California that offers affordable home internet service to all eligible households.
(2)The commission shall ensure that the overall goals for adoption are met.
(d)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.
(e)A qualified internet service provider shall establish a telephone number with trained, and preferably dedicated, personnel to sign up eligible households for affordable home internet service in no more than 30 minutes.
(f)A qualified internet service provider shall advertise the availability of affordable home internet service and the federal Affordable Connectivity Program or an equivalent program offered by the Federal Communications Commission, including by providing a telephone number for interested persons to call. The advertisements shall include placing advertisements with public and nongovernmental organizations and in media in multiple languages, in print and online, until there is documented awareness of the availability of affordable home internet service by at least 80 percent of all eligible households according to a reputable statewide survey, or 95 percent of all eligible households are connected to the internet at home according to the same reputable statewide survey.
(g)A qualified internet service provider shall meet annually with the commission and the California Broadband Council in an open workshop with key stakeholders, including, but not limited to, the California Emerging Technology Fund, the Regional Broadband Consortia, and California Advanced Services Fund Adoption Account grantees, to confer on how to achieve the overall goals for adoption and explore options for establishing and advancing strategic and effective public-private partnerships.
(h)A qualified internet service provider shall report annually to the Department of Technology, beginning the year after the provider first becomes a qualified internet service provider, the number of newly eligible households that signed up for affordable home internet service since the previous report and the total number of eligible households subscribing to affordable home internet service.
(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.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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Date
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Status
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| Jun 1, 2022 | Referred to Coms. on G.O. and E., U. & C. |
| May 26, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 25, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 18. Page 4949.) |
| May 19, 2022 | From committee: Do pass. (Ayes 12. Noes 4.) (May 19). |
| May 19, 2022 | Joint Rule 62(a), file notice suspended. (Page 4736.) |
| May 18, 2022 | In committee: Set, first hearing. Referred to suspense file. |
| May 11, 2022 | In committee: Hearing postponed by committee. |
| May 3, 2022 | Re-referred to Com. on APPR. |
| May 2, 2022 | Read second time and amended. |
| Apr 28, 2022 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (April 27). |
| Apr 20, 2022 | Re-referred to Com. on C. & C. |
| Apr 19, 2022 | From committee chair, with author's amendments: Amend, and re-refer to Com. on C. & C. Read second time and amended. |
| Apr 7, 2022 | Re-referred to Com. on C. & C. |
| Apr 6, 2022 | From committee chair, with author's amendments: Amend, and re-refer to Com. on C. & C. Read second time and amended. |
| Mar 17, 2022 | Referred to Com. on C. & C. |
| Feb 19, 2022 | From printer. May be heard in committee March 21. |
| Feb 18, 2022 | Introduced. To print. |
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Date
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Description
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Location
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Votes
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| May 25, 2022 | AB 2751 Eduardo Garcia Assembly Third Reading | Assembly Floor |
Passed |
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Positions by individuals are not included.
Bill Author
