STAND. COM. REP. NO. 1423-22

Honolulu, Hawaii

, 2022

RE: S.B. No. 2076

S.D. 2

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 2076, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO BROADBAND SERVICE INFRASTRUCTURE,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Establish the Hawaii Broadband Infrastructure Authority;

(2) Clarify the Hawaii Broadband and Digital Equity Office's role relating to broadband access and digital equity, including repealing the responsibility of the Office to promote the landing of trans-Pacific submarine cable; and

(3) Appropriate federal and state funds.

Your Committee received testimony in support of this measure from the Department of Health; Hawaii Community College; Hawaii State Council on Developmental Disabilities; Office of the Enterprise Technology Services; Disability and Communication Access Board; State Council on Mental Health; Common Cause Hawaii; Maui Chamber of Commerce; Auamo Collaborative; Quad D Solutions; Crystal Clear Communications; HawaiiKidsCAN; Purple Mai ‘a; Skog Rasmussen LLC; Banyan Networks; O ‘ahu County Democrats Digital Equity Committee; AlohaCare; Solutions Pacific; ‘A ‘ali ‘i Alliance; Economic Development Alliance of Hawaii, Inc.; 3Red8, Inc.; and four individuals. Your Committee received testimony in opposition to this measure from CTIA. Your Committee received comments on this measure from the Department of Business, Economic Development, and Tourism; Department of Commerce and Consumer Affairs; Department of Budget and Finance; Department of Transportation; University of Hawai ‘i System; Charter Communications; Hawaiian Telcom; Crown Castle; and one individual.

Your Committee finds that the coronavirus disease 2019 pandemic brought to light the need for broadband infrastructure and digital equity throughout the State. Your Committee also finds that the federal government has identified having robust broadband infrastructure as a priority and has dedicated funding for digital equity programs across the country. This measure would plan for the ideal use of expected federal funding, thereby allowing the State to better provide broadband services to all its residents.

Your Committee further finds that it is important for Hawaii to address broadband access, affordability, and adoption, and build resilient broadband infrastructure for the State. This measure also clarifies the role of the Hawaii Broadband and Digital Equity office so the Office can continue to provide the focus, coordination, and facilitation of programs for Hawaii residents to connect to the digital tools needed to be successful in today's modern society.

Your Committee has amended this measure by:

(1) Clarifying that the Hawaii Broadband Infrastructure Authority may coordinate and oversee the development of advanced communications technology infrastructure;

(2) Clarifying that the Authority shall indemnify members of the Hawaii Broadband Infrastructure Authority Board from any personal liability resulting from their role as a member of the Board;

(3) Specifying that members of the Authority shall file an annual conflict of interest disclosure form with the Executive Director of the Authority; and

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

As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2076, S.D. 2, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as S.B. No. 2076, S.D. 2, H.D. 2.

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

____________________________

AARON LING JOHANSON, Chair