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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2543 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to broadband.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Act 151, Session Laws of Hawaii 2011, as amended by Act 264, Session Laws of Hawaii 2013, is amended by amending section 2 to read as follows:
"SECTION 2. From January 1, 2012, to
January 1, [2017,] 2022, actions relating to the installation,
improvement, construction, or development of infrastructure relating to
broadband service or broadband technology, including the interconnection of
telecommunications cables, shall be exempt from county permitting requirements,
state permitting and approval requirements, which includes the requirements of chapters
171, 205A, and 343, Hawaii Revised Statutes, and public utilities commission
rules under Hawaii Administrative Rules, chapter 6‑73, that require
existing installations to comply with new pole replacement standards at the
time of any construction or alteration to the equipment or installation, except
to the extent that such permitting or approval is required by federal law or is
necessary to protect eligibility for federal funding, services, or other
assistance; provided that the installation, improvement, construction, or
development of infrastructure shall:
(1) Be directly related to the improvement of existing telecommunications cables or the installation of new telecommunications cables:
(A) On existing or replacement utility poles and conduits; and
(B) Using existing infrastructure and facilities;
(2) Take place within existing rights-of-way or public utility easements or use existing telecommunications infrastructure; and
(3) Make no significant changes to the existing public rights-of-way, public utility easements, or telecommunications infrastructure.
An applicant shall comply with all applicable safety and engineering requirements relating to the installation, improvement, construction, or development of infrastructure relating to broadband service.
A person or entity taking any action under this section shall, at least thirty calendar days before the action is taken, provide notice to the director of commerce and consumer affairs by electronic posting in the form and on the site designated by the director for such posting on the designated central State of Hawaii Internet website; provided that notice need not be given by a public utility or government entity for an action relating to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology where the action taken is to provide access as the owner of the existing rights-of-way, utility easements, or telecommunications infrastructure."
SECTION 2. Act 264, Session Laws of Hawaii 2013, is amended by amending section 5 to read as follows:
"SECTION 5. This Act shall take effect on
January 1, 2014, and shall be repealed on June 30, [2018;] 2023;
provided that this Act shall apply to permit applications filed with the State
or county after December 31, 2013."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Broadband Permits; Automatic Approval; Construction
Description:
Extends the provisions of Act 264, SLH 2013, which requires the State and the counties to take action within sixty days for broadband-related permit applications, requires the State to take action within one hundred forty-five days for use applications for broadband facilities within the conservation district, establishes other requirements regarding broadband-related permits, and subjects weight load for utility poles to capacities established by the FCC and PUC. Repeals on June 30, 2023.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.