SENATE MEMORIAL 15

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Michael Padilla

 

 

 

 

 

A MEMORIAL

REQUESTING THE OFFICE OF BROADBAND ACCESS AND EXPANSION TO CONVENE A WORK GROUP TO STUDY WAYS TO FACILITATE AND STREAMLINE THE DEPLOYMENT OF BROADBAND TO ALL RESIDENTS OF NEW MEXICO.

 

     WHEREAS, in recent years, the New Mexico legislature has taken significant action to promote access to broadband; and

     WHEREAS, in 2021, the New Mexico legislature passed the Broadband Access and Expansion Act, which created the office of broadband access and expansion as an administratively attached agency to the department of information technology; and

     WHEREAS, in 2021, the New Mexico legislature also passed the Connect New Mexico Act with the aim of providing access to the internet to more than thirteen thousand homes, businesses, farms, ranches and community institutions across the state; and

     WHEREAS, having access to the internet allows New Mexicans to access telehealth, education, governmental services and social service programs such as medicaid; and

     WHEREAS, having access to the internet provides New Mexicans with the opportunity to create and operate businesses, thus expanding economic development in the state; and

     WHEREAS, having access to the internet allows New Mexicans the opportunity to access their communities online over a greater distance, leading to a higher quality of life; and

     WHEREAS, New Mexico voters adopted a constitutional amendment in 2022 creating an exception to the state constitution's Article 9, Section 14 restriction on the use of state money for the benefit of private individuals or entities, commonly known as the "anti-donation clause"; and

     WHEREAS, the new exception to Article 9, Section 14 of the constitution of New Mexico allows for the expenditure of state funds to provide "essential services primarily for residential purposes" pursuant to implementing legislation; and

     WHEREAS, Article 9, Section 14 of the constitution of New Mexico defines "essential services" to mean infrastructure that allows for various utility services, including internet services; and

     WHEREAS, the department of transportation worked with the office of broadband access and expansion and the New Mexico legislature to pass House Bill 160 in 2023 that authorizes the department to issue rules for broadband deployment in the department's rights of way; and

     WHEREAS, in 2023, New Mexico was allocated six hundred seventy-five million three hundred seventy-two thousand three hundred eleven dollars eighty-six cents ($675,372,311.86) through the federal broadband equity, access and deployment program to provide access to high-speed internet to unserved households, underserved households, community anchor institutions and low-income multidwelling units in the state; and

     WHEREAS, the office of broadband access and expansion continues to meet federal guidelines and requirements to keep and maintain the allocation by engaging and working with community partners such as internet service providers, the New Mexico exchange carrier group, New Mexico public utilities, New Mexico rural electric cooperatives, the department of transportation and private land owners to streamline broadband expansion activities;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the office of broadband access and expansion be requested to convene a work group to meet during the 2024 interim session to consider both legislative and non-legislative options to streamline, simplify and leverage existing resources to deploy broadband to all residents of New Mexico. The work group is requested to focus on strategies to serve unserved, underserved, low-income and rural communities and student populations; and

     BE IT FURTHER RESOLVED that the work group be requested to provide a report of its recommendations to the legislative interim committee that is directed by the New Mexico legislative council to work on science and technology issues and the governor on or before November 30, 2024; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the director of the office of broadband access and expansion, the governor and the United States assistant secretary of commerce for communications and information.

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