STAND. COM. REP. NO. 3469

Honolulu, Hawaii

RE: H.B. No. 2454

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection, and Health, to which was referred H.B. No. 2454, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CRITICAL ELECTRICAL INFRASTRUCTURE,"

begs leave to report as follows:

The purpose and intent of this measure is to establish the offense of criminal trespass on critical electrical infrastructure.

Your Committee received testimony in support of this measure from the City and County of Honolulu Police Department and Hawaiian Electric Company, Inc.

Your Committee finds that attacks on critical infrastructure, specifically electrical infrastructure, could be used to cause widespread panic and create economic distress. The infrastructure risk associated with the criminal threats include vandalism, copper theft, and unauthorized access into the facility. The outages caused by trespassers can result in immeasurable costs to the State's residents, businesses, and military partners. This measure emphasizes the importance of protecting our electrical power plants and deter criminal activity by making trespassing on these facilities a class C felony.

Your Committee notes, however, the importance of balancing the protection of critical electrical infrastructure with a person's right to peacefully assemble or protest at or near parts of a power plant or power generating facility that are not responsible for the actual operation or generation or transmission of electricity. Your Committee finds that S.B. No. 2515, S.D. 1 makes this distinction and is therefore preferable. Accordingly, amendments to this measure are necessary to address these concerns.

Your Committee has amended this measure by:

(1) Clarifying that a person commits the offense of criminal trespass on critical electrical infrastructure when the person recklessly disregards a risk that the property belongs to a critical electrical infrastructure company;

(2) Clarifying that an act occurs in the course of committing the offense if it occurs in effecting entry or while on the property or in immediate flight therefrom;

(3) Clarifying the definition of "critical electrical infrastructure" to mean areas integral to the operation or function of certain facilities, not including support offices, electric transmission land, or rights-of-way that are not completely enclosed and maintained by the electric utility;

(4) Amending section 1 to reflect its amended purpose; and

(5) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2454, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2454, H.D. 1, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Health,

________________________________

ROSALYN H. BAKER, Chair