Hawaii-2021-HB809-Amended

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

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 a state broadband strategy officer, who shall be exempt from chapter 76, to head the office. The corporation shall employ any staff, who shall be exempt from chapter 76, as may be necessary for the purposes of this chapter.

§ -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 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 the 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. [~~Telework 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 chief executive 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.

(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;~~] 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;

(3) [~~Four~~] Two 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),~~] paragraphs (1) through (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,~~] 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.

Notwithstanding any law to the contrary, the members serving pursuant to paragraph (3) on the effective date of Act , Session Laws of Hawaii 2021, shall continue to serve the remainder of their current terms. As vacancies occur, the vacancies shall be filled in a manner that meets the composition requirements of paragraph (3) as amended by Act , Session Laws of Hawaii 2021.

(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 [~~department~~] 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 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; [~~and~~]

(5) Encourage public-private partnerships and collaborations to increase the deployment and adoption of broadband services and applications[.]; and

(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 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 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, 2050.

HOUSE OF REPRESENTATIVES	H.B. NO.	809
THIRTY-FIRST LEGISLATURE, 2021		H.D. 2
STATE OF HAWAII