Bill Text: HI HB635 | 2013 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Broadband Permits; Automatic Approval; Construction

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Passed) 2013-07-09 - Act 264, 7/3/2013 (Gov. Msg. No. 1367). [HB635 Detail]

Download: Hawaii-2013-HB635-Amended.html

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STAND. COM. REP. NO.  347

 

Honolulu, Hawaii

                , 2013

 

RE:   H.B. No. 635

      H.D. 1

 

 

 

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Sir:

 

     Your Committee on Economic Development & Business, to which was referred H.B. No. 635 entitled:

 

"A BILL FOR AN ACT RELATING TO BROADBAND,"

 

begs leave to report as follows:

 

     The purpose of this measure is to expedite the approval process for broadband-related permits by requiring:

 

     (1)  The State and the counties to approve, approve with modification, or disapprove all broadband-related permits within 60 business days of submitting a permit application and fee; and

 

     (2)  That if no action is taken by the permitting authority within 60 business days, the permit application will be deemed as approved.

 

     The Department of Business, Economic Development, and Tourism and Oceanic Time Warner Cable testified in support of this measure.  Hawaiian Electric Company, Hawaii Electric Light Company, Maui Electric Company, and Hawaiian Telcom testified in support of this measure with amendments.  The Department of Land and Natural Resources testified in opposition to this measure.  The Department of Commerce and Consumer Affairs and the Public Utilities Commission provided comments.

     Your Committee acknowledges and appreciates the concerns raised by the public utilities that the measure's immunity provisions relating to the permitting process only applies to the State and county.  Accordingly, your Committee has amended this measure by including public utilities within the scope of the immunity.  Your Committee has further amended this measure by:

 

     (1)  Mandating that public utilities use reasonable best efforts to comply with applicable safety and engineering standards when undertaking broadband related installations, improvements, construction, or infrastructure development;

 

     (2)  Including the placement of broadband equipment in road rights-of-way among the broadband-related permits covered under this bill;

 

     (3)  Including language to ensure that this bill does not weaken the utility pole public safety standards established under Act 151, Session Laws of Hawaii 2011; and

 

     (4)  Changing its effective date to January 20, 2020, to encourage further discussion.

 

     As affirmed by the record of votes of the members of your Committee on Economic Development & Business that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 635, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 635, H.D. 1, and be referred to the Committee on Consumer Protection & Commerce.

 

Respectfully submitted on behalf of the members of the Committee on Economic Development & Business,

 

____________________________ CLIFT TSUJI, Chair