| 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. Accordingly, the purpose of this Act is to: (1) Identify and address any remaining obstacles to digital equity in all areas of the State; 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. The Hawaii Revised Statutes is amended by adding a new chapter to title 13 to be appropriately designated and to read as follows: "CHAPTER DIGITAL EQUITY GRANT PROGRAM § -1 Definitions. As used in this chapter, unless the context requires otherwise: "Broadband" means high-speed internet access that is always on, including mobile and fixed technologies. "Covered household" means a family whose household income for the most recent calendar year is not more than two hundred per cent 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. "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 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. "Office" means the Hawaii broadband and digital equity office. "Program" means the digital equity grant program established by this chapter. "Project" means a 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. "Rural area" means an area that qualifies as rural pursuant to a federal definition. If an area does not qualify as rural pursuant to a federal definition, the following definitions may be used for determining the area's rural status for the purposes of this chapter: (1) Any island with a population density equal to or less than five hundred people per square mile; or (2) For an island whose population density exceeds five hundred people per square mile, an area within the island shall be considered rural if it 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. § -2 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. § -3 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. § -4 Applicant preference. In making awards, the office shall give preference to applicants that are nonprofit, 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. § -5 Applications. (a) The office shall establish an annual time period during which it shall accept applications for grant funding under the program. The time period for accepting applications shall be not less than sixty days and not 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 are 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 hold 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 shall 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 chapter and rules adopted pursuant to this chapter; and (16) Any other information deemed necessary by the office. § -6 Review of applications; 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 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 -3. (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, neglected covered populations, or both; (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. § -7 Authority of the 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 chapter; (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 -8; 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 projects in the State in accordance with this chapter. (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." SECTION 3. This Act shall take effect on January 1, 2060. |
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| 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 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 (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 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. The Hawaii Revised Statutes is amended by adding to title 13 a new chapter to be appropriately designated and to read as follows: "CHAPTER DIGITAL EQUITY GRANT PROGRAM § -1 Definitions. As used in this chapter, unless the context requires otherwise: "Broadband" means high-speed internet access that is always on, including mobile and fixed technologies. "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. "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 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. "Office" means the Hawaii broadband and digital equity office. "Program" means the digital equity grant program established by this chapter. "Project" means a 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. "Rural area" means an area that qualifies as rural pursuant to a federal definition. If an area does not qualify as rural pursuant to a federal definition, the following definitions may be used for determining the area's rural status for the purposes of this chapter: (1) Any island with a population density fewer than or equal to five hundred people per square mile shall be considered rural; (2) If an island's population density exceeds five hundred people per square mile, an area within the island shall be considered rural if it 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. § -2 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. § -3 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. § -4 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. § -5 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 are 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 shall 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 chapter and rules adopted pursuant to this chapter; and (16) Any other information deemed necessary by the office. § -6 Review of applications; 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 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 -3. (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, neglected covered populations, or both; (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. § -7 Authority of the 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 chapter; (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 -8; 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 projects in the State in accordance with this chapter. (c) Prior to 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." SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ BY REQUEST |
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