Hawaii 2024 Regular Session

Hawaii House Bill HB2044 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 2044 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to the hawaii broadband and digital equity office. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 2044
4	4	THIRTY-SECOND LEGISLATURE, 2024
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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11	11	2044
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13	13	THIRTY-SECOND LEGISLATURE, 2024
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to the hawaii broadband and digital equity office.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that digital equity in every community across the State 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 rural and socio-economically disadvantaged communities. The legislature also finds that digital equity has meant the difference between an employee being able to work remotely and an employee possibly facing unemployment. Additionally, digital literacy and broadband access are critical tools for persons seeking to access social services such as unemployment claims, Supplemental Nutrition Assistance Program 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 and education, health care, and emergency services. Making grants available to achieve digital equity for 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: (1) Identify and address any remaining obstacles to digital equity in all areas of Hawaii; and (2) Establish the digital equity grant program to award grants and create an environment 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. Chapter 206S, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows: "Part digital equity grant program §206S-A Definitions. As used in this part, unless the context requires otherwise: "Covered household" means a family whose household income for the most recent calendar year is not more than two hundred percent of the federal poverty level. "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 having disabilities; (6) Individuals having a language barrier, including individuals who: (A) Are English as a second language learners; or (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. "Digital equity services" means a service that increases digital literacy in broadband access for covered populations. "Digital literacy" means the skills associated with using technology to enable users to find, evaluate, organize, create, and communicate information. "Program" means the digital equity grant program established by this part. "Project" means a digital equity project set forth in an application for grant funding authorized under this part. "Project area" means an area that is proposed to be covered in an application for grant funding authorized under this part. "Rural area" means: (1) An area that qualifies as rural pursuant to a federal definition; (2) Any island with a population density fewer than or equal to five hundred people per square mile; or (3) If an island's population density exceeds five hundred people per square mile, an area within the island that is within a zip code tabulation area with a population density below eight hundred people per square mile as determined by the population of the last official census and using the entire zip code tabulation area as determined by the United States Census Bureau. "State digital equity plan" means the digital equity strategies and implementation plan developed by the office. §206S-B Digital equity grant program; establishment. There is established the digital equity grant program to be implemented and administered by the office. The office shall receive and review grant applications and may award grants for eligible projects pursuant to the program. §206S-C Eligible projects. The office may award grants for eligible projects; provided that on the date the application is submitted, the project areas to be served by the project shall include covered populations. The eligible projects may include projects that further develop and promote digital literacy, broadband affordability, digital navigators, access to digital devices, wireless community networks, and other innovative digital inclusion projects. §206S-D Applicant preference. In making awards, the office shall give preference to applicants that are non-profit, non-governmental entities that have demonstrated experience in providing digital equity services to covered populations. Governmental agencies may apply and shall be evaluated on a case by case basis. §206S-E Applications. (a) The office shall establish an annual time period during which it shall accept applications for funding under the program. The time period for accepting applications 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 project that is proposed to be deployed, including specific measurable 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 that is certified by the applicant and demonstrates 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 services 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 is derived from any state government grant, loan, or subsidy; (9) Evidence demonstrating the economic feasibility of the project; (10) A direct linkage to the state digital equity plan; (11) A certification that no other funding from any federal or state program is available to the applicant for the project; (12) A certification that all activities undertaken for the project shall comply with all applicable federal, state, and county laws; (13) A certification that the applicant shall indemnify and save harmless the State and its officers, agents, and employees from and against any and all claims arising out of or resulting from the project and procure sufficient insurance to provide this indemnification if requested to do so by the office; provided that this paragraph shall not apply to projects undertaken by state government agencies; (14) A certification that the grant shall be used exclusively for the purposes of the project and not to be used for purposes of entertainment or perquisites, including lobbying activities; (15) A certification that the applicant will agree to make available to the office all records the applicant may have relating to the grant for the office to monitor the applicant's compliance with this part and rules adopted pursuant to this part; and (16) Any other information deemed necessary by the office. §206S-F Review of applications; confidential treatment; approval. (a) Within five business days following the deadline to submit applications for 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) In reviewing applications and any challenges to the applications, the office shall review the projects to ensure that all awarded funds are to be used to deploy eligible projects pursuant to section 206S-C. (c) 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 difficult to access areas or neglected covered populations; (2) Applicants with more experience and technical ability to successfully deploy digital equity projects to covered populations and more financial or other resources available to assist the projects; (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 percentage 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 purposes of the program. §206S-G Authority of the Hawaii broadband and digital equity office. The office may: (1) Following notice and an opportunity to cure, require disgorgement of grant funds in response to an applicant's or a grant recipient's pattern of failure to implement a project in accordance with the timelines and milestones set forth in its application; (2) Consider an applicant's or a grant recipient's financial ability to complete the project proposed in an application; (3) Request and inspect any records and information of a grant recipient necessary for the oversight and administration of any project funded pursuant to this part; (4) Impose any new or additional compliance requirements on grant recipients, through grant agreements or any other mechanism, in addition to rules adopted pursuant to section 206S-H; and (5) Deny or cancel a project if the office finds the project will impact federal funding opportunities. §206S-H Authority of the Hawaii broadband and digital equity office. (a) The department shall adopt rules pursuant to chapter 91 to effectuate the purposes of this part. (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 projects in the State in accordance with this part. (c) Before January 1, 2025, the department shall adopt rules pursuant to this section to implement the digital equity grant program; provided that any rules adopted pursuant to this subsection shall include rules regarding the submission, review, and approval of applications; administration of the projects funded; and grant agreements memorializing the award of funds. §206S-I Broadband and digital equity special fund. (a) There is established in the state treasury the broadband and digital equity special fund, into which shall be deposited: (1) Appropriations by the legislature; (2) Grants from the federal government, including reimbursements received from the federal government; (3) Gifts, donations, and grants from public agencies and private persons; and (4) Any interest or investment income earned or accrued on moneys in the special fund. (b) Moneys in the broadband and digital equity special fund shall be expended by the office for: (1) The payment of expenses arising from contracts funded by federal grants where the office receives reimbursements from the grants after having first paid the expenses from the special fund; and (2) The payment of grants and expenses arising from the grants programs in support of broadband infrastructure, innovations, and the digital economy. (c) Moneys in the broadband and digital equity special fund may be: (1) Placed in interest-bearing accounts; provided that the depository in which the money is deposited furnishes security as provided in section 38-3; or (2) Otherwise invested by the office until the time the moneys may be needed; provided that the office shall limit its investments to those listed in section 36‑21." SECTION 3. Chapter 206S, Hawaii Revised Statutes, is amended by designating sections 206S-1 to 206S-4 as part I and inserting a tile before section 206S-1 to read as follows: "Part i. general provisions" SECTION 4. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act. SECTION 5. This Act shall take effect on July 1, 2024. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that digital equity in every community across the State 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 rural and socio-economically disadvantaged communities.
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51	51	The legislature also finds that digital equity has meant the difference between an employee being able to work remotely and an employee possibly facing unemployment. Additionally, digital literacy and broadband access are critical tools for persons seeking to access social services such as unemployment claims, Supplemental Nutrition Assistance Program benefits, vital records, and other essential government, educational, and medical services.
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53	53	The legislature further finds that digital equity in the State would enhance Hawaii's overall economic development and education, health care, and emergency services. Making grants available to achieve digital equity for disadvantaged populations would move the State toward universal access to broadband services.
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55	55	The legislature strongly supports efforts to improve digital equity for residents, consumers, and businesses across the State.
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57	57	The purpose of this Act is to:
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59	59	(1) Identify and address any remaining obstacles to digital equity in all areas of Hawaii; and
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61	61	(2) Establish the digital equity grant program to award grants and create an environment in which all individuals and communities in the State have the information technology capacity needed for full participation in society, democracy, and the economy.
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63	63	SECTION 2. Chapter 206S, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
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65	65	"Part
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67	67	digital equity grant program
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69	69	§206S-A Definitions. As used in this part, unless the context requires otherwise:
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71	71	"Covered household" means a family whose household income for the most recent calendar year is not more than two hundred percent of the federal poverty level.
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73	73	"Covered populations" means:
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75	75	(1) Individuals who live in covered households;
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77	77	(2) Individuals aged sixty years and older;
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79	79	(3) Incarcerated individuals, other than individuals who are incarcerated in a federal correctional facility;
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81	81	(4) Veterans;
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83	83	(5) Individuals having disabilities;
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85	85	(6) Individuals having a language barrier, including individuals who:
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87	87	(A) Are English as a second language learners; or
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89	89	(B) Have low levels of literacy;
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91	91	(7) Individuals who are members of a racial or ethnic minority group;
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93	93	(8) Individuals who primarily reside in a rural area; and
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95	95	(9) Homeless or unsheltered individuals.
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97	97	"Digital equity services" means a service that increases digital literacy in broadband access for covered populations.
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99	99	"Digital literacy" means the skills associated with using technology to enable users to find, evaluate, organize, create, and communicate information.
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101	101	"Program" means the digital equity grant program established by this part.
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103	103	"Project" means a digital equity project set forth in an application for grant funding authorized under this part.
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105	105	"Project area" means an area that is proposed to be covered in an application for grant funding authorized under this part.
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107	107	"Rural area" means:
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109	109	(1) An area that qualifies as rural pursuant to a federal definition;
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111	111	(2) Any island with a population density fewer than or equal to five hundred people per square mile; or
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113	113	(3) If an island's population density exceeds five hundred people per square mile, an area within the island that is within a zip code tabulation area with a population density below eight hundred people per square mile as determined by the population of the last official census and using the entire zip code tabulation area as determined by the United States Census Bureau.
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115	115	"State digital equity plan" means the digital equity strategies and implementation plan developed by the office.
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117	117	§206S-B Digital equity grant program; establishment. There is established the digital equity grant program to be implemented and administered by the office. The office shall receive and review grant applications and may award grants for eligible projects pursuant to the program.
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119	119	§206S-C Eligible projects. The office may award grants for eligible projects; provided that on the date the application is submitted, the project areas to be served by the project shall include covered populations. The eligible projects may include projects that further develop and promote digital literacy, broadband affordability, digital navigators, access to digital devices, wireless community networks, and other innovative digital inclusion projects.
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121	121	§206S-D Applicant preference. In making awards, the office shall give preference to applicants that are non-profit, non-governmental entities that have demonstrated experience in providing digital equity services to covered populations. Governmental agencies may apply and shall be evaluated on a case by case basis.
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123	123	§206S-E Applications. (a) The office shall establish an annual time period during which it shall accept applications for funding under the program. The time period for accepting applications shall be no less than sixty days and no more than ninety days.
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125	125	(b) The form of the application shall be as prescribed by the office and shall include:
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127	127	(1) Evidence demonstrating the applicant's experience and ability to plan, organize, staff, and deliver digital equity services to covered populations within the State;
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129	129	(2) A description of the project area and covered population to be served;
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131	131	(3) A description of the project that is proposed to be deployed, including specific measurable goals to increase digital literacy and broadband access, methods, metrics, facilities, equipment, staff, and resources;
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133	133	(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;
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135	135	(5) Evidence that is certified by the applicant and demonstrates the nature of the current digital inequity in the proposed project area and covered population;
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137	137	(6) The number of people in each covered population that would gain access to broadband services as a result of the project;
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139	139	(7) The total cost and timeline for completion of the project;
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141	141	(8) The amount of matching funds that the applicant proposes to contribute and a certification that no portion of the matching funds is derived from any state government grant, loan, or subsidy;
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143	143	(9) Evidence demonstrating the economic feasibility of the project;
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145	145	(10) A direct linkage to the state digital equity plan;
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147	147	(11) A certification that no other funding from any federal or state program is available to the applicant for the project;
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149	149	(12) A certification that all activities undertaken for the project shall comply with all applicable federal, state, and county laws;
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151	151	(13) A certification that the applicant shall indemnify and save harmless the State and its officers, agents, and employees from and against any and all claims arising out of or resulting from the project and procure sufficient insurance to provide this indemnification if requested to do so by the office; provided that this paragraph shall not apply to projects undertaken by state government agencies;
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153	153	(14) A certification that the grant shall be used exclusively for the purposes of the project and not to be used for purposes of entertainment or perquisites, including lobbying activities;
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155	155	(15) A certification that the applicant will agree to make available to the office all records the applicant may have relating to the grant for the office to monitor the applicant's compliance with this part and rules adopted pursuant to this part; and
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157	157	(16) Any other information deemed necessary by the office.
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159	159	§206S-F Review of applications; confidential treatment; approval. (a) Within five business days following the deadline to submit applications for 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.
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161	161	(b) In reviewing applications and any challenges to the applications, the office shall review the projects to ensure that all awarded funds are to be used to deploy eligible projects pursuant to section 206S-C.
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163	163	(c) 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:
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165	165	(1) Projects proposing to serve larger covered populations, with consideration to projects proposing to serve difficult to access areas or neglected covered populations;
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167	167	(2) Applicants with more experience and technical ability to successfully deploy digital equity projects to covered populations and more financial or other resources available to assist the projects;
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169	169	(3) Projects for which fewer government funds and less support are necessary to deploy digital equity in an economically feasible manner;
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171	171	(4) Projects with a higher percentage of matching funds proposed to be committed by the applicant;
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173	173	(5) Projects that do not duplicate any existing digital equity project in the project area; and
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175	175	(6) Other factors the office determines to be reasonable, appropriate, and consistent with the purposes of the program.
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177	177	§206S-G Authority of the Hawaii broadband and digital equity office. The office may:
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179	179	(1) Following notice and an opportunity to cure, require disgorgement of grant funds in response to an applicant's or a grant recipient's pattern of failure to implement a project in accordance with the timelines and milestones set forth in its application;
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181	181	(2) Consider an applicant's or a grant recipient's financial ability to complete the project proposed in an application;
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183	183	(3) Request and inspect any records and information of a grant recipient necessary for the oversight and administration of any project funded pursuant to this part;
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185	185	(4) Impose any new or additional compliance requirements on grant recipients, through grant agreements or any other mechanism, in addition to rules adopted pursuant to section 206S-H; and
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187	187	(5) Deny or cancel a project if the office finds the project will impact federal funding opportunities.
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189	189	§206S-H Authority of the Hawaii broadband and digital equity office. (a) The department shall adopt rules pursuant to chapter 91 to effectuate the purposes of this part.
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191	191	(b) The rules shall:
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193	193	(1) Include reasonable oversight and reporting provisions to ensure that grant moneys are used as intended; and
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195	195	(2) Not impose any financial penalty or liquidated damages provisions or provisions that are not reasonably related to the deployment of projects in the State in accordance with this part.
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197	197	(c) Before January 1, 2025, the department shall adopt rules pursuant to this section to implement the digital equity grant program; provided that any rules adopted pursuant to this subsection shall include rules regarding the submission, review, and approval of applications; administration of the projects funded; and grant agreements memorializing the award of funds.
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199	199	§206S-I Broadband and digital equity special fund. (a) There is established in the state treasury the broadband and digital equity special fund, into which shall be deposited:
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201	201	(1) Appropriations by the legislature;
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203	203	(2) Grants from the federal government, including reimbursements received from the federal government;
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205	205	(3) Gifts, donations, and grants from public agencies and private persons; and
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207	207	(4) Any interest or investment income earned or accrued on moneys in the special fund.
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209	209	(b) Moneys in the broadband and digital equity special fund shall be expended by the office for:
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211	211	(1) The payment of expenses arising from contracts funded by federal grants where the office receives reimbursements from the grants after having first paid the expenses from the special fund; and
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213	213	(2) The payment of grants and expenses arising from the grants programs in support of broadband infrastructure, innovations, and the digital economy.
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215	215	(c) Moneys in the broadband and digital equity special fund may be:
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217	217	(1) Placed in interest-bearing accounts; provided that the depository in which the money is deposited furnishes security as provided in section 38-3; or
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219	219	(2) Otherwise invested by the office until the time the moneys may be needed; provided that the office shall limit its investments to those listed in section 36‑21."
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221	221	SECTION 3. Chapter 206S, Hawaii Revised Statutes, is amended by designating sections 206S-1 to 206S-4 as part I and inserting a tile before section 206S-1 to read as follows:
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223	223	"Part i. general provisions"
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225	225	SECTION 4. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
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227	227	SECTION 5. This Act shall take effect on July 1, 2024.
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231	231	INTRODUCED BY: _____________________________
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233	233	INTRODUCED BY:
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235	235	_____________________________
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241	241	Report Title: Digital Equity Grant Program; Digital Literacy; Broadband Access; Department of Business, Economic Development, and Tourism; Hawaii Broadband and Digital Equity Office; Special Fund Description: Establishes the Digital Equity Grant Program to award grants to applicants to deploy digital equity projects to covered populations in the State. Establishes the Broadband and Digital Equity Special Fund. 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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247	247	Report Title:
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249	249	Digital Equity Grant Program; Digital Literacy; Broadband Access; Department of Business, Economic Development, and Tourism; Hawaii Broadband and Digital Equity Office; Special Fund
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253	253	Description:
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255	255	Establishes the Digital Equity Grant Program to award grants to applicants to deploy digital equity projects to covered populations in the State. Establishes the Broadband and Digital Equity Special Fund.
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263	263	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.