SB-152 Opt-Out FAQs
City of Lone Tree City Council has referred a ballot initiative on the November 8, 2022 election ballot for Lone Tree residents to vote on a matter related to fiber-optic broadband and opting out of Senate Bill 152 (SB-152). But what is SB-152 and why is it relevant to Lone Tree? We’ve compiled answers to these and other frequently asked questions, so you can make an informed decision.
Q: What is Senate Bill 152 (SB-152)?
A: In 2005, Colorado Legislature passed SB-152, which prohibits most uses of municipal and county public resources for infrastructure to improve local broadband services, or from providing these services directly or indirectly. However, the bill contains a provision that permits voters to opt-out of SB-152, and thereby allow the local government the opportunity to provide or improve high-speed broadband internet services.
Q: Why are we being asked to vote on this issue?
A: In August 2021, Douglas County hired a national broadband consulting firm, HR Green, to conduct a broadband study throughout the county. The study and analysis, completed in March 2022, found there is a meaningful, unmet need for improved broadband in Douglas County. What’s more, there are multiple federal and state grant programs with funding available specifically for broadband services; currently, the County has allocated $8 million of federal grant funds toward broadband improvements. In order to most effectively meet or enhance broadband needs and pursue additional grant funding without restrictions, the analysis strongly recommends pursuing SB-152 exemption.
For the County to then extend infrastructure to Lone Tree and connect to any existing City services, Lone Tree must also opt out of SB-152. As such, this measure is a coordinated effort among Douglas County, the City of Castle Pines, and the City of Lone Tree; the Town of Parker successfully approved SB-152 exemption in 2019.
Q: What does it mean for Lone Tree if voters approve this ballot measure?
A: Along with providing support for the County’s efforts, voter approval opens a range of opportunities to improve broadband access or services. Approval would allow the conversation to begin, while not binding the City to any specific actions or timelines.
Q: Does opting out of SB-152 bind local taxpayers to provide local funds?
A: No. Opting out of SB-152 simply removes the local prohibition on seeking grants or expending public funds to provide service and allows the City to explore possible options for the community.
Q: Have other communities voted on this issue?
A: Yes. As of Spring 2022, voters in 118 Colorado municipalities have passed SB-152 opt-out ballot measures, along with at least 40 counties and several school districts.