Signed by Governor Larry Hogan, Jr.

Vote Smart's Synopsis:

Vote to pass a bill that extends broadband access to individuals who live within underserved areas.

Highlights:

• Defines “trenching” as a construction project in which a highway right-of-way surface is opened or removed to lay or install conduit, fiber, or similar infrastructure over 1 mile in length (Sec. 8–654.A-1).

• Specifies this law does not apply to a county or municipal corporation within the Washington Suburban Sanitary District (Sec. 6.5–108.A).

• Authorizes a county or municipal corporation to adopt, by ordinance or resolution, locally appropriate policies to advance the progress of infrastructure, equipment, and systems needed to extend broadband access to underserved areas, including (Sec. 6.5–108.B):

• Expedited consideration of locally imposed permits or approvals customarily applied to comparable projects;

• The waiver or reduction of fees or charges customarily associated with comparable projects;

• Using project-based or region-based authority for public-private partnerships of related projects; and

• Measures consistent with other county laws implemented to accelerate deployment of infrastructure and equipment necessary or desirable to promote broadband deployment into underserved areas.

• Requires a unit of local government and the Department of Transportation, including the State Highway Administration, and the Maryland Transit Administration, to allow joint trenching by broadband providers on a nonexclusive and nondiscriminatory basis (Sec. 8–654.c-1).

• Authorizes the Department of Transportation or a unit of local government to deny joint trenching if (Sec. 8–654.c-2):

• Joint trenching will hinder or obstruct highway safety or the construction, maintenance, operations, or related regulation of highway facilities; or

• Joint trenching is not feasible because it will delay the repair or construction of a county’s water, wastewater, electricity, or gas lines.

• Authorizes the department or a unit of local government to charge a fee to a broadband provider that participates in joint trenching on reasonable financial terms (Sec. 8–654.c-3.I).

• Prohibits the department or a unit of local government from charging a fee to a nonprofit broadband provider that participates in joint trenching (Sec. 8-654.c-3.II).

• Establishes revenues generated from fees charged by the department under this law will be evenly distributed across funds designed for investment in broadband infrastructure (Sec. 8-654.c-3.III).

• Establishes revenues generated from fees charged by a unit of local government under this law to be used to improve broadband access and adoption within that jurisdiction (Sec. 8-654.c-3.IV).

• Requires the Maryland Association of Counties, and the Maryland Municipal League, to adopt the following regulations (Sec. 8-654.E):

• Procedures for charging a fee to a broadband provider for joint trenching on reasonable financial terms; and

• Procedures for the department and units of local government to provide notice of upcoming trenching projects to broadband providers.

Full Bill Text