Bill H.112

HOUSE DOCKET, NO. 3381 FILED ON: 2/19/2021

HOUSE . . . . . . . . . . . . . . . No. 112

By Ms. Duffy of Holyoke (by request), a petition (accompanied by bill, House, No. 112) of Kirstin Beatty relative to hard-wiring state offices and investing in hard-wired communications. Advanced Information Technology, the Internet and Cybersecurity.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act hard-wiring state offices and investing in hard-wired communications.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The legislature finds and confirms all of the following:-

Whereas, the commonwealth needs to hard-wire its facilities.

Whereas, wireless infrastructure not only significantly threatens health, but is a cybersecurity risk and drains inordinate amounts of energy.

Whereas, telecommunication monopolies have used wired services to cover wireless infrastructure costs.

Whereas, telecommunications monopolies have allowed deterioration of underground phone lines and service and have concealed cross subsidies to avoid taxes.

Resolved, that the policy goals of this act shall support hard-wired communications infrastructure that limits non-ionizing radiation, including for executive offices, buildings, and public educational institutions; infrastructure maintenance and reliability; affordable communications systems with public accountability; and communications security and privacy.

SECTION 2. Chapter 40J of the General Laws is hereby amended by striking the language of Section 6B and inserting thereof the following:-

Section 6B. (a) As used in this section and in section 6C, the following words shall have the following meanings:

''Board'' means the board of the Massachusetts Broadband Institute established by subsection (c).

''Broadband'' means high-speed internet access.

“Communications” shall mean both telecommunications and broadband.

''Institute'' or “MBI” means the Massachusetts Broadband Institute established by subsection (b).

“Telecommunications” means services providing for local and long-distance telephone communication, whether through traditional copper land-line phone service or digital services.

''Fund'' means the Massachusetts Broadband Incentive Fund established by section 6C.

“Secure” shall mean communications service and infrastructure that is designed to limit hacking or intrusion through technical design and cybersecurity; communications service that is private barring a warrant; and decentralized, hardened utility services.

(b) The corporation shall establish an institute for investment in broadband and telecommunications infrastructure in the commonwealth, to be known as the Massachusetts Broadband Institute. The executive director of the corporation, subject to the approval of the board, shall appoint a qualified individual as director to manage the affairs of the institute. The mission of the institute shall be to improve the safety, privacy, and security of broadband and telecommunications, while supporting reasonable, affordable, reliable access. The institute shall keep safety foremost in mission.

(c) The institute shall be governed and its corporate powers exercised by a board of directors, which shall consist of the following 9 members: the secretary of administration and finance or his designee; the secretary of housing and economic development; the commissioner of telecommunications and cable or designee; the executive director of the corporation or designee; the secretary of the public health department or designee, who shall serve as chair; and 4 members to be appointed by the governor, 1 to provide expertise in information technology privacy and security; 1 to provide representation of municipally-owned communications services; and 2 other members representative of fields of experience consistent with the MBI mission. Each member appointed by the governor or attorney general shall serve a term of 4 years and thereafter until his successor is appointed. Any person appointed to fill a vacancy on the board shall be appointed in a like manner and shall serve for only the unexpired term of such member. Any appointed member shall be eligible for reappointment. An appointed member may be removed by the governor or attorney general for cause.

5 members of the board shall constitute a quorum, and the affirmative vote of a majority of the members present and eligible to vote at a meeting shall be necessary for any action to be taken by the board. The members shall serve without compensation, but each member shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of his official duties. The board shall meet at least 4 times annually.

Other than as defined for nomination in this subsection, neither shall a board member nor the director have employment in the communications industries; nor accept gifts or paid speaking engagements from communications or information technology industries; nor have financial interests as pertinent to the position unless in a blind trust. Neither shall a board member nor the director take a position with the telecommunications or broadband industries within two years following completion of service.

(d) The objectives of the institute shall include the following:

(1) To improve safety and realign past objectives, the institute shall (i) withdraw from wireless infrastructure and relevant wireless contracts; (ii) identify infrastructure, including software, connectors, analog, and other equipment, which best limits non-ionizing radiation emissions; (iii) preferentially invest and develop infrastructure which best limits non-ionizing radiation emissions; and (iv) examine copper landline service for suitability with respect to minimizing non-ionizing radiation emissions as well as other MBI objectives.

(2) To improve privacy and security, the institute shall (i) identify infrastructure, including software, vulnerable to hacking and harm from electromagnetic pulses; (ii) preferentially invest and develop infrastructure which best limits hacking and harm from electromagnetic pulses; (iii) favor investment in proposals which respect and support privacy and security;and (iv) identify reliable, decentralized and secure sources of electricity, prioritizing use for emergency communications.

(3) To improve reliability and affordability, the institute shall (i) encourage municipal or state ownership of communications infrastructure; (ii) discourage monopoly control by private providers; (iii) favor investment in proposals directly accountable to the public; (iv) support infrastructure maintenance, improvement, and a fair division of costs among providers; (v) provide report of any neglected maintenance concerns and required public support by providers, including such information in the MBI annual report; and (vi) take substantial action to rescue the deterioration of the copper lines which undergird the telecommunications system.

(4) To improve access, the institute shall (i) support, develop, and favor contracts and investment in proposals supporting broadband open access; (ii) support contracts, proposals and policies which enable access by low-income persons; (iii) support development of communications services through community centers, libraries, colleges, or other jointly shared facilities; (iv) identify areas lacking adequate communications services for preferential investment; and (v) fairly distribute investments across the state.

(5) To insure sound investments, the institute shall (I) support public entities and private-public partnerships which confer significant benefits including, but not limited to, compliance with MBI mission and objectives, ownership interest, licensing fees, and sliding-scale training or consulting fees; (ii) keep MBI information and proceedings accessible, open, and transparent to the public with contractual documents freely available for viewing.

(e) Subject in all instances to the MBI mission and objectives, the corporation shall leverage private sector, state, and federal investment by financing the construction and acquisition of broadband and telecommunications infrastructure to promote the development of telecommunications and broadband, and may: (1) finance or acquire equipment or other property to be owned by the commonwealth or 1 or more other public entities, where the equipment or other property may be leased or licensed by the corporation for a fee which shall be credited to the fund; (2) make grants to 1 or more public entities for the financing or acquisition of equipment or other property; and (3) make grants or loans to nonprofit entities or private corporations for the financing or acquisition of equipment or other property, provided however that contractual arrangements provide relevant licensing fees; ownership interest; regulatory oversight; and fair rates on loans.

The acquisition of an indefeasible right of use of facilities used for the transmission of intelligence by electricity or of a license or other agreement to use electromagnetic spectrum licensed by the federal government shall be the acquisition of an ownership interest in broadband and telecommunications infrastructure and any such transaction shall constitute a transaction with the commonwealth for the purposes of chapter 30B. Any lessee or licensee shall pay lease or license fees to the corporation, which shall credit the fees to the fund. The corporation may provide and pay for advisory services, employees, and technical assistance and take other actions as may be necessary or desired to carry out its purposes.

Notwithstanding any general or special law or rule or regulation to the contrary, the department of highways may lease or license for a term not to exceed 25 years any interest in real property deemed appropriate by the corporation and the commissioner of highways to promote the objectives of this chapter. The nature and extent of such interest shall be transferred on such terms and conditions as the commissioner of highways may determine. The terms and conditions of any conveyance executed pursuant to this subsection shall be approved by the commissioner of capital asset management, in consultation with the inspector general and the secretary of transportation.

Any interest acquired by the corporation may be leased or licensed by the corporation for use by public entities or nonprofit or for-profit private sector entities subject to the approval of the commissioner of highways and subject to this section including, without limitation, such right of reverter at the expiration of the term. Subject to MBI mission and objectives, the corporation shall lease or license any such interest with competitive processes and procedures within MBI constraints as may be reviewed and approved by the inspector general.

Notice that such interest is available for lease or license shall be publicly advertised in 2 daily newspapers of general circulation published in the city of Boston and, if such real property is located in any other city or town, in a newspaper of general circulation published in such other city or town, once a week for 2 successive weeks. Such advertisements shall state the availability of such interest, the nature of the competitive process and other information deemed relevant, including the time and place where all pertinent information relative to the interest to be leased or licensed may be obtained, the criteria for selection of a successful proponent, and the time, place and manner for the submission of bids, proposals and the opening thereof. The consideration for any such interest shall be within the estimated range of the fair market value of the interest as determined by the corporation based upon an independent professional appraisal. Except, MBI shall set conditions for bidding to meet MBI mission and objectives. Any such interest conveyed by the department of highways shall revert to the commonwealth at the expiration of any such term.

The corporation may exercise any of its powers to assist or enable the institute to fulfill its purposes as set forth in this section, including the powers set forth in clause (e) of section 4. Without limiting the generality of the foregoing, the corporation shall have the power to develop, lease or otherwise acquire, own, hold, dispose of and encumber conduit, fiber, towers and other real and personal property related to telecommunications and broadband infrastructure that shall be necessary or convenient to the fulfillment of its mission and objectives. The exercise by the corporation of any such powers shall be deemed and held to be an essential governmental function.

(f) To advances the MBI mission and objectives, the board and institute (1) shall work in collaboration with the corporation and other quasi-public and nonprofit entities and state agencies; (2) may provide advisory assistance to local entities, local authorities, public bodies and private corporations; (3) shall collect information from reasonably available sources including, but not limited to: municipalities and other public entities and agencies of the commonwealth, local and regional nonprofit entities and telecommunications and broadband service providers to develop and maintain an inventory of: (i) locations where broadband services are not available in the commonwealth; (ii) locations where broadband infrastructure is available or is likely to be available to support the provision of services to unserved and underserved areas; (iii) locations where new infrastructure may be necessary to support unserved and underserved areas; (iv) locations where infrastructure is in disrepair; and (v) the quality of such services, in reference to all objectives, including whether existing services are wired or wireless, as well as the speed of data transmission, length of service during power outage, and cost of such services. Such information shall be freely provided to the public for viewing.

(f) The board shall establish a detailed long-term plan for the operation of the institute and the administration of the fund and shall consult with the joint committee on telecommunications, utilities and energy; the joint committee on children, families, and persons with disabilities; and the joint committee on economic development and emerging technologies on the plan. The plan, and any amendments thereto, shall be subject to the approval of the secretary of health and human services and the secretary of administration and finance and shall be filed with the clerks of the house of representatives and the senate who shall forward the same to the house and senate committees on ways and means, the joint committee on telecommunications, utilities and energy and the joint committee on economic development and emerging technologies.

(g) The board shall annually adopt an operating plan governing reasonable disbursements from the fund and, to the extent the plan provides for disbursement of appropriations or other moneys authorized by the general court, the plan shall be subject to the approval of the secretary of housing and economic development and the secretary of administration and finance. The board shall file the plan, and any amendments thereto, with the clerks of the house of representatives and the senate who shall forward the same to the house and senate committees on ways and means, on children, families, and persons with disabilities, the joint committee on telecommunications, utilities and energy and the joint committee on economic development and emerging technologies.

MBI accounts shall be public and freely viewable by the public to provide evidence of good faith. Salaries of MBI employees must be reasonable and in line with state government salaries.

(h) The board shall promulgate rules and regulations for the administration and enforcement of this section and section 6C.

(i) To advance the MBI mission and objectives, the board shall review and recommend changes in laws, rules, programs and policies of the commonwealth and its agencies and subdivisions that furthers appropriate financing, infrastructure and development for telecommunications and broadband access in the commonwealth.

(j) The board shall prepare, publish and distribute, with or without charge, as the institute may determine, any studies, reports and bulletins and other material as the institute deems appropriate.

(k) The institute shall file an annual report of its activities, progress towards objectives, and findings with the governor and the clerks of the house of representatives and the senate who shall forward the same to the joint committee on telecommunications, utilities and energy, the joint committee on economic development and emerging technologies, on children, families, and persons with disabilities, and the house and senate committees on ways and means.

(l) Actions of the board may take effect immediately and notice thereof shall be published and posted. Meetings of the board shall be subject to section 11A1/2 of chapter 30A. Records pertaining to the activities of the institute shall be subject to section 10 of chapter 66, unless exempted under subsection (h) of section 12. The operations of the institute shall be subject to chapters 268A and 268B; provided, however, that the members of the board shall be considered directors for the purposes of the fourth, fifth and seventh paragraphs of section 3.

(m) Sections 38A1/2 to 38O, inclusive, of chapter 7, section 39M of chapter 30, subject to the provisions of subsection (c) of section 4A and sections 44A to 44J, inclusive, of chapter 149 shall apply to the operations of the institute.

(n) Intent to manipulate the spirit of or failure to comply with its mission, rules, and objectives as stated in this section shall be grounds for a cause of action against the MBI, as well as or against persons complicit. This action may be brought forward by the attorney general; a municipality or municipalities; or citizens of the Commonwealth. A vote of no confidence in the MBI or corporation by the House of Representatives or Senate shall force the attorney general to investigate.

SECTION 3. Section 3 of Chapter 23A of the General Laws as appearing in the Official 2021 edition is hereby amended by striking the first sentence of subsection (a) and inserting in place the following subsection:-

MOBD shall contain the following 4 divisions: business services, entrepreneurial and small business development, telecommunications and broadband development, and manufacturing development.

SECTION 4. Section 3 of Chapter 23A of the General Laws as appearing in the Official 2021 edition is hereby amended by striking subsection (b) and inserting in place the following subsection:-

(b) The function of the director of telecommunications and broadband development, hereinafter the director, created pursuant to subsection (a) shall be to facilitate access to hard-wired, affordable, secure, private, safe, and reliable telecommunications and high-speed broadband connectivity across the commonwealth to promote economic development, meet the commonwealth's homeland security and emergency preparedness needs, improve government and institutional efficiency, and improve the quality of life for the commonwealth's residents. The director shall, in consultation with the Massachusetts Broadband Institute established pursuant to section 6B of chapter 40J, develop a state telecommunications plan to ensure extensive internet and broadband access for every community within the commonwealth. The duties and powers of the director shall include, but not be limited to, the following: (1) identifying communities that lack affordable, safe, secure, reliable, accountable, hard-wired internet and broadband service; (2) identifying areas where, due to geographic remoteness, sparsity of population or other considerations, private-sector capital investment is not sufficient to meet the present and future needs of the area, and in those areas (i) develop strategies, including but not limited to the creation of public entities or partnerships with municipally-owned service as a means to provide services; and (ii) facilitate the development of private, joint public-private, or public initiatives which afford open, content-neutral services and provide accountability of service providers; (3) examine and identify the best practices of other states, municipalities, and foreign governments relative to achieving safe, secure, affordable, reliable, private, and accessible services, including in underserved areas, including, but not limited to, the creation of public entities; (4) working in conjunction with the executive office of transportation and construction, the division of capital asset management and maintenance and other appropriate state, regional and municipal agencies, develop a plan to ensure that each state construction project, including but not limited to, buildings, roads and bridges shall include enable access for relevant infrastructure, including appropriate design for placement of wires only for hard-wired service; (5) investigating provision of internet and broadband service which minimize non-ionizing radiation and emphasizes reliability in downtown areas and public universities, commencing with areas of high growth, and working in consultation with the Massachusetts Broadband Institute, established by section 6B of chapter 40J of the General Laws, to develop demonstration projects to facilitate safer, secure, accountable, affordable, and reliable access in underserved small-to-mid sized communities; (6) investigating ways to financially support provision of and maintenance of safer, secure, reliable, accountable, affordable, hard-wired broadband, telecommunications, and internet with minimal non-ionizing radiation emissions, including a state universal service fund for the purpose; (7) examine and identify copper landline condition, importance, availability, and maintenance needs; (8) identifying any state law or regulation that prevents establishing a hard-wired, safer, secure, reliable, affordable, accountable telecommunications, internet, and broadband services or provides unreasonable competitive advantages to regulated, telecommunications carriers or cable operators, including access to, or use of, municipal or other facilities or rights-of-way; (9) working with the department of telecommunications and cable and other appropriate state agencies and private parties to identify the locations of dark fiber and telecommunications tower access areas owned by telecommunications companies in the commonwealth; (10) identifying federal regulations and statutes that impede the deployment of safer, secure, private, reliable, hard-wired internet, telecommunications and broadband infrastructure and services that minimize non-ionizing radiation exposures and advocating before the United States Congress and the Federal Communications Commission for appropriate amendment of these federal policies to provide for services as defined; and (11) taking other actions considered necessary to fulfill the goals described. The director of broadband development shall work in consultation with Massachusetts Broadband Institute, established by section 6B of chapter 40J of the General Laws. Notwithstanding the requirements of subsection (a), the director of telecommunications and broadband development shall have extensive experience in the broadband, telecommunications or data communications industry, including, but not limited to, the utilization of market-based strategies to induce deployment, the creation of public entities or partnershps to facilitate deployment, and a demonstrated knowledge of technologies that bring hard-wired internet, telecommunications, and broadband to underserved areas. The director shall annually, no later than December 31, submit a report, including any recommendations for legislation, to the secretary of the executive office of economic development, the director of the department of business and technology, the commissioner of telecommunications and cable, the chairpersons of the house and senate committees on ways and means, the chairpersons of the joint committee on economic development and emerging technologies and the chairpersons of the joint committee on telecommunications, utilities and energy.

SECTION 5. Section 63 of Chapter 23A of the General Laws as appearing in the Official 2021 edition is hereby amended by striking the first sentence of subsection (b) and inserting in place the following sentence:-

Eligible public infrastructure projects authorized by clause (i) of subsection (a) shall be located on public land or on public leasehold, right-of-way or easement and, with regard to all proposals including communications must minimize non-ionizing radiation and be hard-wired.

SECTION 6. Section 19G of Chapter 78 of the General Laws as appearing in the Official 2021 Edition is hereby amended by inserting after the first paragraph the following paragraph:-

The board shall use funding to encourage public libraries to reduce non-ionizing radiation exposure, including from use of wireless communications and electronic technology, by hard-wiring connections, segregating areas of exposure, careful product purchase, and other means to reduce non-ionizing emissions from technologies.

SECTION 7. Section 7A of Chapter 7D of the General Laws as appearing in the Official 2021 Edition is hereby amended by inserting after the second sentence the following:-

The executive office of information technology and security shall require and, to the extent within its means, implement the use of hard-wired information technology services and practices which minimize non-ionizing radiation throughout all executive offices and agencies. The executive office of information technology shall also be transparent with executive offices regarding threats of data loss, and shall recommend alternatives to information technology as an option for secure storage when useful.

SECTION 8. Section 3 of Chapter 7D of the General Laws as appearing in the Official 2021 Edition is hereby amended by striking the phrase “necessary for individual agencies to comply with federal law” and inserting in place the following:-

necessary for individual agencies to comply with state and federal law

SECTION 9. Section 14 of Chapter 45 is hereby amended by adding after the last sentence the following new paragraph:-

Construction of wireless facilities shall be prohibited on or within 1000 feet of playgrounds for small cell networks and 3000 feet for aggregated antennas on cell towers.

SECTION 10. Chapter 15A of the General Laws as appearing in the Official 2021 Edition is amended by striking section 3A and inserting in place the following section:-

Section 3A. The secretary of education shall with the relevant boards, departments, and agencies coordinate a plan to hard-wire public education facilities, reduce non-ionizing radiation, and support safer and critical use of technology. The plan shall be referred to as safer edTech, or SE, and incorporate the following goals:

(a) health- and privacy-conscious implementation of technology, including, but not limited to, the establishment of a hard-wired statewide telecommunications and broadband system with minimal electromagnetic emissions among public college and university campuses and school districts;

(b) facilitating the implementation of a statewide professional development plan and educational materials in coordination with the commissioner of education for teachers, principals, and superintendents to clarify relevant laws, duties, and prevent ignorance from leading to greater non-ionizing radiation exposures as well as renewed transmissions when software accidentally resets; and

(c) facilitating a statewide professional development plan and educational materials in coordination with the commissioner of education for teachers, principals, and superintendents to support cybersecurity, prevent confidential data losses, highlight current privacy risks, recommend solutions, clarify state and federal privacy laws, and may further discuss other aspects relevant to critical and careful use of technology.

(d) For the purposes of this section, the SE plan shall be broadly construed to include, but not be limited to, programs, courses, and capital expenditures including computer hardware and software, networks, television, fiber optics cable, calculators and video and audio tapes.

(e) Subject to appropriation, SE funds may provide grants to universities, colleges, schools and school districts for the purposes of purchasing the equipment and other materials necessary for the implementation of said plan. The secretary and the board of elementary and secondary education along with the board of higher education may establish such advisory groups or committees as deemed necessary for the development and implementation of the SE plan.

SECTION 11. Chapter 159 of the General Laws as appearing in the 2021 Official Edition is hereby amended by striking the first sentence in section 36 and inserting in place the following:-

Section 36. The department shall provide for an annual audit by employees duly authorized by it of all accounts of any common carrier or class of common carriers.

(a) Every common carrier shall provide an annual report verified by the oath of the president, vice-president, treasurer, secretary, general manager or receiver, if any, of such carrier or by the person required to file the same. The verification shall be made by said official holding office at the time of the filing of the said report, and if not made upon the knowledge of the person verifying the same shall set forth the sources of his information and the grounds of his belief as to any matters not stated to be verified upon his knowledge. When the report of any such carrier or person is defective, or believed to be erroneous, the department shall notify the carrier or person to amend the same within a time prescribed by the department.

(b) The originals of the reports, subscribed and sworn to as prescribed by law, shall be preserved by the department and freely viewable by the public, along with the department’s report, including by executive agencies, inter-agencies, and legislators. The department may also require such carriers and persons to file periodic reports in the form, covering the period and at the time prescribed by the department. The department may also require of any such carrier or person specific answers to questions upon which the department may need information.

(c) If such carrier or person shall fail to make and file the annual report within the time above specified or within the time as extended by the department, or shall fail to amend such report within such reasonable time as may be prescribed, or shall fail to make specific answer to any question, or shall fail to make the periodic reports when required as herein provided, within the time and in the form prescribed by the department for the making and filing of any such report or answer, such carrier or person shall forfeit to the state the sum of 2 hundred dollars for each and every day it shall continue to be in default with respect to such annual report, amendment, answer or periodic report. Such forfeiture shall be recovered in an action brought by the attorney general in the name of the people of the Commonwealth. The amount recovered in any such action shall be paid into the state treasury and credited to the general fund.

(b) The department shall collect detailed audit information including but not limited to establishing whether (1) costs are correctly allocated to (i) hard-wired vs. wired services; (ii) private vs. public services; (iii) telecommunication vs. information technology services; (iv) prevent cross subsidies; (v) render services charged; (2) adequate funds are applied to infrastructure maintenance, including underground cables, fiber, and copper lines; and (3) rates and subsidies are fair.

Name:	District/Address:	Date Added:
Kirstin Beatty	149 Central Park Drive, Holyoke, MA 01040	2/19/2021