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.
"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 department of business, economic development, and tourism.
(b) The director of business, economic development, and tourism shall appoint, exempt from chapter 76, a state broadband strategy officer to head the office. The department 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) Work closely with and assist the counties in the promotion of coordinated state and county broadband planning; and
(3) Encourage every state department, county agency, and other public or private agencies and individuals involved in broadband programs to participate in the activities of the office and incorporate, to the extent feasible, the ideas and suggestions of the participants in the office's comprehensive planning goals.
(b) The executive heads of all state departments and agencies shall cooperate with the office by providing any information deemed necessary by the governor and the director of business, economic development, and tourism for the effective discharge of the office's duties.
(c) 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. Telework
promotion; broadband assistance advisory council; establishment; purpose. (a) The director of [
commerce and consumer
affairs] business, economic development, and tourism, or the director's
designee, shall convene and chair the broadband assistance advisory council
to advise the director of [ commerce and consumer affairs] business,
economic development, and tourism 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.
(b) 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; and the following twelve 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;
(3) Four 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 director of commerce and consumer affairs and the director of business, economic development, and tourism, 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 [
consumer affairs] business, economic development, and tourism, or the
director'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.] business, economic development, and tourism.
(d) The council shall:
(1) Monitor the broadband-based development efforts of other states and nations in areas such as business, education, and health;
(2) Advise the department on other states' best practices involving telework promotion and policies and strategies related to making affordable broadband services available to every Hawaii home and business;
(3) Monitor broadband-related activities at the federal level;
(4) Monitor regulatory
and policy changes for potential impact on broadband deployment and
sustainability in Hawaii; [
public-private partnerships to increase the deployment and adoption of
broadband services and applications[
(6) Advise the director of business, economic development, and tourism on broadband deployment."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $200,000 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, 2112.
DBEDT; Hawaii Broadband Office; Broadband Assistance Advisory Council; Appropriation
Establishes the Hawaii Broadband Office within DBEDT. Establishes the position of State Broadband Strategy Officer. Requires the Director of DBEDT to convene and chair the Broadband Assistance Advisory Council. Appropriates funds. (HB533 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.