STAND. COM. REP. NO. 983

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 635

       H.D. 2

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam:

 

     Your Committees on Technology and the Arts and Public Safety, Intergovernmental and Military Affairs, to which was referred H.B. No. 635, H.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO BROADBAND,"

 

beg leave to report as follows:

 

     The purpose and intent of this measure is to require:

 

     (1)  The State and counties to approve, approve with modification, or disapprove all broadband-related permits within sixty business days, or one hundred twenty business days for a conservation district use application, of submission of an application and applicable fee;

 

     (2)  That the application be deemed approved if no action is taken by the permitting authority within sixty business days, or one hundred twenty business days for a conservation district use application for broadband facilities; and

 

     (3)  Public Utilities use reasonable best efforts to comply with safety and engineering standards for permitted projects.

 

     Your Committees received testimony in support of this measure from the Public Utilities Commission; Department of Business, Economic Development, and Tourism; Office of Information Management and Technology; Department of Land and Natural Resources; Hawaiian Telcom; Oceanic Time Warner Cable; TW Telecom; Hawaiian Electric Company; and one individual.

 

     Your Committees find that it is critical to increase Hawaii's current broadband capacity.  This measure expedites the approval process for broadband-related permits while maintaining utility pole public safety standards.

 

     Your Committees have amended this measure by:

 

     (1)  Limiting the State and counties to sixty days and one hundred twenty days, rather than business days, to take action on applications for non-conservation district use applications and conservation district use applications, respectively, for broadband-related permits;

 

     (2)  Requiring the State and counties to take action on use applications for broadband facilities for the protective subzones of the conservation district within ninety days of submission of an application and any applicable fees;

 

     (3)  Clarifying that applicants shall comply with all applicable safety and engineering requirements relating to broadband-related infrastructure; and

 

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

 

     As affirmed by the records of votes of the members of your Committees on Technology and the Arts and Public Safety, Intergovernmental and Military Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 635, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 635, H.D. 2, S.D. 1, and be referred to the Committees on Commerce and Consumer Protection and Judiciary and Labor.

 


Respectfully submitted on behalf of the members of the Committees on Technology and the Arts and Public Safety, Intergovernmental and Military Affairs,

 

____________________________

WILL ESPERO, Chair

 

____________________________

GLENN WAKAI, Chair