HOUSE OF REPRESENTATIVES
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO BROADBAND.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
Hawaii Broadband office
§ -1 Definitions. As used in this chapter:
"Broadband" means high-speed internet access that is always on, including mobile and fixed technologies.
"Corporation" means the Hawaii technology development corporation.
"Office" means the Hawaii broadband office.
§ -2 Hawaii broadband office; establishment; state broadband strategy officer; staff. (a) There is established the Hawaii broadband office within the Hawaii technology development corporation.
(b) The chief executive officer of the Hawaii technology development corporation shall appoint, exempt from chapter 76, a state broadband strategy officer to head the office. The corporation shall employ any staff as may be necessary for the purposes of this chapter; provided that any staff employed pursuant to this section shall be exempt from chapter 76.
§ -3 Hawaii broadband office; duties. In furtherance of the State's objectives and policies for the economy pursuant to section 226-10.5, the office shall:
(1) Develop and implement specific strategies and plans to aggressively increase broadband affordability, penetration, and competitive availability in the State;
(2) Support the efforts of both public and private entities in Hawaii to enhance or facilitate the deployment of and access to competitively priced, advanced electronic communications services, including broadband and its products and services and internet access services of general application throughout Hawaii;
(3) Promote the landing of trans-Pacific submarine cable, including the development of a shared access cable station and associated terrestrial connectivity to reduce barriers to fiber landing in Hawaii;
(4) Promote, advocate, and facilitate the implementation of the findings and recommendations of the Hawaii broadband task force established by Act 2, First Special Session Laws of Hawaii 2007; and
(5) Actively seek out funding from private and public sources in furtherance of the office's duties pursuant to this chapter.
§ -4 Broadband planning and coordination; cooperation. (a) The office shall:
(1) Seek input and the widest possible cooperation from public and private agencies and individuals to achieve the purposes of this chapter;
(2) Promote coordinated broadband planning; and
(3) To the extent feasible, incorporate the ideas and suggestions of broadband stakeholders in the office's planning directives.
(b) Nothing in this chapter shall be construed to delegate or detract in any way from the functions, powers, and duties conferred by law or rule on any department or agency of the State or county."
SECTION 2. Act 199, Session Laws of Hawaii 2010, as amended by section 5, Act 151, Session Laws of Hawaii 2011, as amended by section 2, Act 23, Session Laws of Hawaii 2016, is amended by amending section 3 to read as follows:
"SECTION 3. [
promotion; broadband assistance] Broadband advisory council;
establishment; purpose. (a) The [ director of commerce and consumer
affairs] chief executive officer of the Hawaii technology development
corporation, or the officer's designee, shall convene and chair the
broadband [ assistance] advisory council to advise the [ director of commerce
and consumer affairs] chief executive officer of the Hawaii technology
development corporation on policy [ and funding priorities] to
promote [ and encourage use of telework alternatives for public and private
employees,] and expedite deployment of affordable and accessible broadband
services in Hawaii.
The council shall be composed of [
the director of commerce and
consumer affairs, or the director's designee; the director of business,
economic development, and tourism, or the director's designee;] the
chief executive officer of the Hawaii technology development corporation, or
the chief executive officer's designee, and the following [ twelve] ten
members who shall be equally appointed by the president of the senate and by
the speaker of the house of representatives as follows:
(1) Two members of the senate, appointed by the president of the senate;
(2) Two members of the house of representatives, appointed by the speaker of the house of representatives;
representatives of federal, state, and county government entities having a role
in infrastructure deployment[ ; management of public rights-of-way,
regulation, and franchising;], information technology[ ;],
and economic development; and
(4) Four representatives of Hawaii's private sector technology, telecommunications, and investment industries.
In making appointments pursuant to subsection (b)(1)
through (b)(3), the president of the senate and the speaker of the house of
representatives shall ensure representation of each of the counties of Hawaii,
Maui, and Kauai, and the city and county of Honolulu by one or more appointed
members. Except for the
of commerce and consumer affairs and the director of business, economic
development, and tourism,] chief executive officer of the Hawaii technology
development corporation, all members shall serve for a term of
four years. Notwithstanding any law to
the contrary, the terms of all members as of July 1, 2016, shall expire on June
30, 2019; and, each subsequent four-year term shall commence on July 1, and
expire on June 30 every four years thereafter.
Any member of the council whose term has expired may continue to serve
as a holdover member until reappointment or until a successor is appointed. Any vacancies occurring in the membership of
the advisory council shall be filled for the remainder of the unexpired term in
the same manner as the original appointments.
(c) The [
director of commerce and
consumer affairs] chief executive officer of the Hawaii technology
development corporation, or the chief executive officer's designee, shall
serve as chairperson of the council. The
chairperson may designate representatives of other interested public or private
sector organizations to serve as members of the council, or as members of the
work groups of the council to address specified issues on an ad hoc basis, as
the chairperson deems necessary. The
council shall meet at times as may be called by the chairperson. Members and ad hoc members shall
be reimbursed for reasonable expenses, including travel expenses, necessary for
the performance of their duties. Administrative
support to the council shall be provided by the [ department of commerce and
consumer affairs.] Hawaii technology development corporation.
(d) The council shall:
(1) Monitor the broadband-based
development efforts of other states and nations in areas such as business[
education, and health;] and economic development;
(2) Advise the [
Hawaii technology development corporation on other states' best
practices [ involving telework promotion and policies] and strategies
related to making affordable broadband services available to every Hawaii [ home
(3) Monitor broadband-related activities at the federal level;
(4) Monitor [
and] policy changes for potential impact on broadband deployment and
sustainability in Hawaii; [ and]
public-private partnerships and collaborations to increase the
deployment and adoption of broadband services and applications[
(6) Advise the chief executive officer of the Hawaii technology development corporation on broadband deployment."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 for the creation and staffing of the Hawaii broadband office, including the establishment of two full-time equivalent (2.00 FTE) positions that are exempt from chapter 76, Hawaii Revised Statutes.
The sums appropriated shall be expended by the department of business, economic development, and tourism for the purposes of this Act.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000.
Hawaii Technology Development Corporation; Hawaii Broadband Office; Broadband Advisory Council; Appropriation
Establishes the Hawaii Broadband Office within HTDC. Establishes the position of State Broadband Strategy Officer. Renames the Broadband Assistance Advisory Council as the Broadband Advisory Council and amends its purpose and membership. Requires the CEO of HTDC to convene and chair the Broadband Advisory Council. Appropriates funds. Takes effect 7/1/3000. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.