Bill Text: HI SB2543 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Technology; Broadband

Spectrum: Strong Partisan Bill (Democrat 12-1)

Status: (Engrossed - Dead) 2010-03-30 - (H) The committee(s) recommends that the measure be deferred. [SB2543 Detail]

Download: Hawaii-2010-SB2543-Introduced.html

THE SENATE

S.B. NO.

2543

TWENTY-FIFTH LEGISLATURE, 2010

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to technology.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Through Act 2 of the First Special Session of 2007, the legislature created the Hawaii broadband task force to provide recommendations on how to advance Hawaii's broadband capabilities and use.  The legislature finds that advanced broadband services are essential infrastructure for an innovation economy and a knowledge society in the twenty-first century.  High-speed broadband services at affordable prices are essential for the advancement of education, health, public safety, research and innovation, civic participation, e‑government, economic development and diversification, and public safety and services.  The legislature also recognizes the evolution in the manner in which communications and information services are delivered to the consumer, including by wireline, wireless, cable television, and satellite infrastructures, and that the voice, video, and data services provided over these infrastructures are converging.

     Meeting the following goals is critical if Hawaii is to compete successfully in the global economy of the twenty-first century:

     (1)  Ensure access to broadband communications to all households, businesses, and organizations throughout Hawaii by 2012 at speeds and prices comparable to the average speeds and prices available in the top three performing countries in the world;

     (2)  Increase availability of advanced broadband communications service on a competitive basis to reduce prices, increase service penetration, and improve service to all persons in Hawaii;

     (3)  Increase broadband availability at affordable costs to low-income and other disadvantaged groups, including by making low-cost, broadband-capable computers available to eligible recipients;

     (4)  Increase sharing of the infrastructure used to deploy broadband in order to speed up implementation, reduce costs to providers, reduce underlying costs to providers through incentives rather than eminent domain procedures, ease deployment of broadband, and ease entry into a competitive broadband marketplace;

     (5)  Increase flexible, timely, and responsible access to public rights-of-way and public facilities for broadband service providers; and

     (6)  Develop a more streamlined permit approval process that reduces the time and cost of infrastructure deployment, to be created jointly by disparate permitting agencies, stakeholders, and other interested parties.

     The purpose of this Act is to begin implementation of activities to achieve these goals by:

     (1)  Establishing an office of telework promotion and broadband assistance and a broadband advisory council;

     (2)  Establishing a work group to develop procedures for streamlined permitting functions applicable to the development of broadband services or technology; and

     (3)  Requiring all state agencies to report annually to the legislature on all expenditures of federal moneys received pursuant to the American Recovery and Reinvestment Act of 2009 or other federal funds, for the purposes of purchasing broadband facilities, services, or equipment, or entering into contracts for broadband-related projects.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

HAWAII BROADBAND ASSISTANCE

     §   -1  Office of telework promotion and broadband assistance; establishment; duties.  (a)  There is established within the department of commerce and consumer affairs for administrative purposes, the office of telework promotion and broadband assistance to encourage telework as a family‑friendly, business-friendly public policy that promotes workplace efficiency and reduces strain on transportation infrastructure.  The director of commerce and consumer affairs shall appoint an executive director and such additional telework and broadband professionals as deemed necessary to work with public and private entities to develop widespread access to broadband services.

     (b)  The executive director shall have the following duties:

     (1)  Promote and encourage use of telework alternatives for public and private employees, including but not limited to appropriate policy and legislative initiatives.  Upon request, the executive director may advise and assist private sector employers in Hawaii in planning, developing, and administering programs, projects, plans, policies, and other activities for telecommuting by private sector employees and in developing incentives provided by the private sector to encourage private sector employers in Hawaii to utilize employee telecommuting;

     (2)  Advise and assist state agencies, and upon request of the counties, advise and assist the counties, in planning, developing, and administering programs, projects, plans, policies, and other activities to promote telecommuting by employees of state and county agencies;

     (3)  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, commonly known as broadband, and internet access services of general application throughout Hawaii;

     (4)  Work towards establishing affordable, accessible broadband services to unserved areas of Hawaii and monitor advancements in communication that will facilitate this goal;

     (5)  Advocate for, and facilitate the development and deployment of, applications, programs, and services including, but not limited to telework, telemedicine, and e-learning that will bolster the usage of and demand for broadband level telecommunications;

     (6)  Serve as a broadband information and applications clearinghouse for the State and a coordination point for broadband-related services and programs;

     (7)  Advise the director of commerce and consumer affairs on broadband adoption, deployment, and application issues; and

     (8)  Coordinate activities regarding telework with, and regularly report to, the broadband advisory council.

     (c)  The executive director shall submit an annual report to the legislature on the operations of the office of telework promotion and broadband assistance, including telework participation levels and trends of both private and public sector employees in Hawaii.

     §   -2  Broadband advisory council; purpose; membership; compensation; chairperson.  (a)  There is established within the department of commerce and consumer affairs for administrative purposes, the broadband advisory council to advise on policy and funding priorities to expedite deployment and reduce the cost of broadband access in Hawaii.

     (b)  The council shall be composed of thirteen members appointed by the governor, as provided in section 26-34, except as otherwise provided in this section:

     (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)  Five representatives of Hawaii's private sector technology, telecommunications, and investment industries, including the incumbent local exchange carrier.

All members shall serve for a term of four years.  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 members of the advisory council shall select the chairperson of the advisory council and shall meet at times as may be called by the chairperson or a majority of the advisory council.  Members shall be reimbursed for reasonable expenses, including travel expenses, necessary for the performance of their duties.  Administrative support to the advisory council shall be provided by the office of telework promotion and broadband assistance.

     (d)  The advisory 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 office of telework promotion and broadband assistance and the legislature on 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;

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

     (6)  Periodically review and comment on the quality, availability, and accessibility of state-maintained or funded broadband resources and programs.

     (e)  The advisory council shall submit an annual report to the legislature and the office of telework promotion and broadband assistance on the progress towards the goal of universal access to broadband communication for businesses and on the assessment of state broadband infrastructure investments and utilization of advisory council supported resources to promote broadband access."

     SECTION 3.  Work group; establishment; reporting.  (a)  The director of commerce and consumer affairs shall convene a work group to develop procedures for streamlined permitting functions that are applicable to the development of broadband services and broadband technology which are normally available to state and local governments for the use or development of broadband service or broadband technology.  Members of the work group shall include:

     (1)  The director of commerce and consumer affairs, or the director's designee;

     (2)  The mayor of the county of Hawaii, or the mayor's designee;

     (3)  The mayor of the city and county of Honolulu, or the mayor's designee;

     (4)  The mayor of the county of Kauai, or the mayor's designee;

     (5)  The mayor of the county of Maui, or the mayor's designee;

     (6)  The chairperson of the Hawaii broadband task force established by Act 2, First Special Session Laws of Hawaii 2007; and

     (7)  Two representatives of state agencies with jurisdiction over land use and permitting at the state level.

     (b)  The work group shall submit to the legislature no later than January 1, 2011, a report with its recommended procedures for streamlining and expediting all permitting functions normally available to state and local governments for the use or development of broadband service or broadband technology.  The procedures shall be consistent across all counties and shall provide that any permitting fees and revenues traditionally accruing to the counties that relate to the use or development of broadband service or broadband technology will continue to accrue to the counties once the procedures go into effect.

     SECTION 4.  All state agencies shall report annually to the legislature on the receipt and expenditure of federal moneys from the American Recovery and Reinvestment Act of 2009, and moneys from other federal appropriation measures or applicable federal acts, for the purposes of purchasing broadband facilities, services, or equipment, or for entering into contracts for broadband-related projects.

     SECTION 5.  This Act shall take effect on July 1, 2010; provided that section 2 shall take effect on January 1, 2011.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Technology; Broadband; Office of Telework Promotion and Broadband Assistance; Broadband Advisory Council; Federal Moneys

 

Description:

Establishes an office of telework promotion and broadband assistance and a broadband advisory council; establishes a work group to develop procedures for streamlined permitting functions applicable to development of broadband services or technology; requires all state agencies to report annually to the legislature on expenditures of federal moneys for broadband facilities, services, equipment, or contracts.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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