Bill Text: HI SB501 | 2023 | Regular Session | Introduced
Bill Title: Relating To Digital Equity.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-01-25 - Referred to EET, WAM. [SB501 Detail]
Download: Hawaii-2023-SB501-Introduced.html
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THE SENATE |
S.B. NO. |
501 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to digital equity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that digital equity across the State and in every
community is essential to the well-being and economic realities of the
State's residents. The need for digital
equity is significant, highlighted by the devastating impacts of the recent
coronavirus disease 2019 pandemic. The
lack of digital equity has had a tremendous negative effect in many areas, but
particularly socio-economically disadvantaged communities.
The legislature further finds that digital equity has meant the
difference between an employee being able to work remotely or possibly facing unemployment. Additionally, digital literacy and broadband
access are critical tools for those seeking to access social services such as
unemployment claims, Supplemental Nutrition Assistance Program (SNAP) benefits,
vital records, and other essential government, educational, and medical
services.
The legislature further finds that digital equity in the State would
enhance Hawaii' s overall economic development, education, health care, and
emergency services. Making grants
available to achieve digital equity in disadvantaged populations would move the
State toward universal access to broadband services.
The
legislature strongly supports efforts to improve digital equity for residents,
consumers, and businesses across the State.
The
purpose of this Act is to identify and address any remaining obstacles to
digital equity to all areas of the State by establishing the digital equity
grant program to award grants and create a condition in which all individuals
and communities in the State have the information technology capacity needed for
full participation in society, democracy, and the economy.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to title 13 be appropriately designated and to read as follows:
"Chapter
Digital
equity grant program
§ -1 Definitions. As used in this chapter:
"Broadband" means high-speed internet.
"Covered household" means a household, the income of which for the most recently completed year is not more than two hundred per cent of an amount equal to the poverty level, as determined by using criteria of poverty established by the Bureau of the Census.
"Covered
populations" means:
(1) Individuals who live in covered households;
(2) Individuals aged sixty years and older;
(3) Incarcerated individuals, other than individuals who are incarcerated in a federal correctional facility;
(4) Veterans;
(5) Individuals with disabilities;
(6) Individuals with a language barrier, including individuals who:
(A) Are English learners; and
(B) Have low levels of literacy;
(7) Individuals who are members of a racial or ethnic minority group;
(8) Individuals who primarily reside in a rural area; and
(9) Homeless or unsheltered individuals.
"Department" means the department of business, economic development, and tourism.
"Digital equity" means a condition in which all individuals and communities have the information technology capacity needed for full participation in society, democracy, and the economy.
"Digital equity services" means a service that increases digital literacy and broadband access in
covered populations.
"Office" means the department's Hawaii broadband and
digital equity office.
"Program" means
the digital equity grant program established by this chapter.
"Project" means a proposed digital equity project set
forth in an application for grant funding authorized under this chapter.
"Project area" means an area that is proposed to be
covered in an application for grant funding authorized under this chapter.
§ -2 Digital equity grant program; establishment. There is established a digital equity
grant program which shall be placed within the Hawaii broadband and digital
equity office of the department for administrative purposes. The office shall receive and review grant
applications and may award grants for eligible projects pursuant to the
program.
§ -3 Eligible projects. The office may award grants for eligible projects; provided that on the date the application is submitted, the area to be served by the project shall include covered populations.
§ -4 Eligible applicants. To be eligible for a grant, an applicant shall be preferably a non-governmental entity with demonstrated experience in providing digital equity services to covered populations. Governmental agencies may apply, and will be evaluated on a case to case basis.
§ -5 Applications. (a)
The office shall establish an annual time period to commence an open
process for submission of applications for funding under the program. The time period for submission shall be no
less than sixty days and no more than ninety days.
(b) The form of the application shall be as prescribed
by the office and shall include:
(1) Evidence
demonstrating the applicant's experience and ability to plan, organize, staff,
and deliver digital equity services to covered populations within the State;
(2) A description of the
project area and covered population to be served;
(3) A description of the
digital equity project that is proposed to be deployed, including specific
goals to increase digital literacy and broadband access, methods, metrics,
facilities; equipment, staff, and resources;
(4) A plan to tailor
public awareness and outreach to include non-English speaking covered
populations with consideration for linguistic, cultural, generational, and
literacy challenges;
(5) Evidence, including
certification from the applicant, demonstrating the nature of the current
digital inequity in the proposed project area and covered population;
(6) The number of people
in each covered population that would gain access to broadband service as a
result of the project;
(7) The total cost and timeline
for completion of the project;
(8) The amount of matching
funds that the applicant proposes to contribute and a certification that no
portion of the matching funds are derived from any state government grant,
loan, or subsidy;
(9) Evidence demonstrating
the economic feasibility of the project;
(10) A list of all expected
government authorizations, permits, and other approvals required for the
project and a timeline for the applicant's acquisition of the approvals;
(11) A certification that
no other federal or state program provides funding that is available to the
applicant for the project; and
(12) Any other information
deemed necessary by the office.
§ -6 Review of applications; confidential
treatment; approval. (a) Within five business
days following the last day of the time period for submission of applications
to the program, the office shall make all the
applications available for review in a publicly available electronic file
posted on the office's or department's website.
(b) To the extent the
information in an application or challenge falls under one or more of the
exceptions to public disclosure in section 92F-13 or comprises commercially
sensitive information, the office shall keep the
information confidential upon request by:
(1) An applicant for confidential treatment of an application, except
that in no event shall a request for confidentiality prevent the publicly
available portion of the application from including sufficient evidence to
demonstrate the requirements of section ‑5(b)(2) and -5(b)(5);
or
(2) A challenging applicant for confidential treatment of a challenge
submitted pursuant to this section.
(c) In reviewing applications and any accompanying challenge, the office
shall review the proposed projects to ensure that
all awarded funds are used to deploy digital equity projects to covered
populations.
(d) The office shall award program grants based on a scoring system that shall be
released to the public at least thirty days prior to the first day of the time
period for the submission of applications.
The scoring system shall give the highest weight or priority to the
following:
(1) Projects proposing
to serve larger covered populations, with consideration to projects proposing
to serve smaller, difficult to access and/or neglected covered populations;
(3) Projects for which
fewer government funds and less support are necessary to deploy digital equity
in an economically feasible manner;
(4) Projects with a
higher amount of matching funds proposed to be committed by the applicant;
(5) Projects that do not
duplicate any existing digital equity project in the project area; and
(6) Other factors the office
determines to be reasonable, appropriate, and
consistent with the purpose of facilitating the deployment of digital equity
projects to covered populations.
§ -7 Hawaii broadband and digital equity office authority. The office may:
(1) Following notice and an opportunity to cure, require
disgorgement of grant funds in response to an applicant's pattern of failure to
achieve digital equity goals in accordance with the timelines and milestones
set forth in its application;
(2) Consider an
applicant's financial ability to complete the project proposed in an
application;
(3) Make reasonable
requests for information necessary for the oversight and administration of any
project funded pursuant to this chapter;
(4) Impose any new or
additional regulatory requirements on grant recipients, through grant
agreements or any other mechanism, in addition to the program implementation
rules expressly authorized in this chapter; and
(5) Deny or cancel a
project if the office finds the project will
impact federal funding opportunities.
§ -8 Rules. (a) The department shall adopt rules pursuant to chapter 91 to effectuate the purposes of this chapter.
(b) The rules shall:
(1) Include reasonable oversight and reporting provisions to ensure that grant moneys are used as intended; and
(2) Not impose any financial penalty or liquidated damages provisions or provisions that are not reasonably related to the deployment of digital equity programs in the State in accordance with this chapter."
SECTION 3. Within six months following the effective date of this Act, the department of business, economic development, and tourism shall adopt rules pursuant to chapter 91 and section -8, Hawaii Revised Statutes, to implement the digital equity grant program; provided that any rules adopted pursuant to this section shall include rules regarding the submission, review, and approval of applications; administration of the projects funded; and grant agreements memorializing the award of funds.
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $5,000,000 or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the digital equity grant program established by this Act.
The sums appropriated shall be expended by the department of business, economic development, and tourism for the purposes of this Act.
SECTION 5. This Act shall take effect on July 1, 2023.
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INTRODUCED BY: |
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Report Title:
Digital Equity Grant Program; Digital Literacy; Broadband Access; Department of Business, Economic Development, and Tourism; Hawaii Broadband and Digital Equity Office; Appropriation
Description:
Establishes the Digital Equity Grant Program to award grants to applicants to deploy digital equity projects to covered populations in the State. Appropriates funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
