SB2546

SECTION 1. Chapter 206M, Hawaii Revised Statutes, is amended by adding two new parts to be appropriately designated and to read as follows:

"Part . Division of aerospace development

§206M- Definitions. As used in this part:

"Director" means the director of the division of aerospace development.

"Division" means the division of aerospace development.

§206M- Division of aerospace development; establishment; director. (a) There is established within the Hawaii technology development corporation a division of aerospace development.

(b) The division shall be headed by a director, who shall be appointed by, and serve at the pleasure of the board. The director shall have experience, knowledge, and expertise in space-related activities and development.

(d) The director and employees of the office shall be exempt from chapter 76 but shall be included in any benefit program generally applicable to the officers and employees of the State.

§206M- Hawaii unmanned aerial systems test site; administrator. (a) The director shall manage the operations of Hawaii's unmanned aerial systems test site as its administrator. The director shall:

(1) Monitor, oversee, and recommend operations of unmanned aerial systems test site activities;

(2) Facilitate opportunities for public and private use of unmanned aerial systems test site facilities;

(3) Assist unmanned aerial systems test ranges;

(4) Leverage aerospace and related technological capabilities in the State's academic, public, and private sectors to support testing and evaluation at Hawaii's unmanned aerial systems test ranges;

(5) Promote innovative education and workforce development programs to enhance public awareness of the benefits and opportunities that unmanned aerial systems technologies and applications can bring to the State;

(6) Monitor national and global trends in unmanned aerial systems development and testing, and recommend policies and programs to advance unmanned aerial systems testing in Hawaii;

(7) Establish and maintain a public website with updated information on the program and provide information on the Hawaii unmanned aerial systems test site initiative;

(8) Contract for services and implement agreements, subject to chapter 103D, as may be necessary to conduct operations at Hawaii's unmanned aerial systems test ranges;

(9) Serve as Hawaii's representative on the Pan-Pacific Unmanned Aerial Systems Test Range Complex management team; and

(10) Submit an annual report to the legislature no later than twenty days prior to the convening of each regular session, which shall include the status of work, expenditures, and trends regarding Hawaii's unmanned aerial systems test site.

(b) The director may employ one administrative assistant for Hawaii's unmanned aerial systems test site operations and activities.

§206M- Powers and duties of director. In addition to any other powers and duties provided in this part, the director shall:

(1) Oversee, supervise, and direct the planning, evaluation, and coordination of space-related activities, and identify and promote opportunities for expanding and diversifying aerospace-related industries in the State;

(2) Initiate discussions for private and international involvement in space-related activities in the State;

(3) Assist the University of Hawaii, local companies, research institutions, and other interested organizations to establish partnerships with corporate, government, and university entities that can promote and enhance the State's aerospace industry; and where possible, help to generate additional revenue for the University of Hawaii and create classes and other educational opportunities for students;

(4) Work with local universities and community colleges to facilitate internships for students with associated companies;

(5) Work with the University of Hawaii on course development, teaching, workforce development, and outreach;

(6) Leverage aerospace and related technological capabilities in the State's academic, public, and private sectors to enhance the State's ability to procure federal and private research and development grants and increase the State's competitiveness in national and global aerospace markets;

(7) Promote innovative educational and workforce development programs that will enhance public awareness of the State's aerospace potential and enable residents to pursue employment in Hawaii's aerospace industry;

(8) Monitor national and global trends in the aerospace industry and recommend programs and policies that can support aerospace industry development statewide;

(9) Review the effectiveness of present publications, pamphlets, and other sources of information about Hawaii's space-related activities produced and distributed by the State;

(10) Serve as a clearinghouse for information on Hawaii's space-related activities, including but not be limited to those of the University of Hawaii and federal agencies located in Hawaii;

(11) Target existing businesses that can provide products or services of importance to the space industry to support the expansion of these businesses in Hawaii;

(12) Increase contact and maintain liaison with the National Aeronautics and Space Administration and other federal agencies and facilities;

(13) Institute procedures by which citizen input on proposed space facilities development shall be invited at the earliest possible time in the development process;

(14) Pursue projects in the aerospace sector that can be leveraged for improvements to the State's broadband and alternative energy capabilities;

(15) Maintain and expand liaisons with local businesses and citizen groups;

(16) Serve as the administrator for the unmanned aerial systems test site;

(17) Adopt, amend, and repeal rules pursuant to chapter 91 necessary to carry out this part;

(18) Contract for services as may be necessary for the purposes of this part; and

(19) Do all other things necessary or proper to carry out the purposes of this part.

§206M- Space vehicles; prohibitions. Any vehicle launched into space from the land or ocean territory of the State shall not carry weapons of destruction, nuclear waste materials, or use radioactive materials as a power source. §206M- Division of aerospace development special fund. (a) There is established in the state treasury the division of aerospace development special fund, into which shall be deposited:

(1) Revenues, moneys, and fees from services, rentals, publications, royalties, and patents generated under this part;

(2) Gifts, donations, and grants received by the division; and

(3) Proceeds from revenue bonds issued by the director of finance.

(b) Moneys in the fund shall be used by the division for the operation, maintenance, and management of its projects, facilities, services, and publications and for the design and construction of new facilities and the renovation of or addition to existing facilities.

(c) All moneys remaining in the division of aerospace development special fund at the close of each fiscal year that are deemed, by the director of finance, to be in excess of the moneys necessary to carry out the purposes of this section in the next fiscal year shall lapse to the credit of the state general fund.

Part . HAWAII BROADBAND OFFICE

§206M- Definitions. As used in this part:

"Broadband" means high-speed internet access that is always on, including mobile and fixed technologies.

"Corporation" means the Hawaii technology development corporation.

"Office" means the Hawaii broadband office.

§206M- Hawaii broadband office; establishment; state broadband strategy officer; staff. (a) There is established the Hawaii broadband office within the Hawaii technology development corporation.

(b) The chief executive officer of the Hawaii technology development corporation shall appoint, exempt from chapter 76, a state broadband strategy officer to head the office. The corporation shall employ any staff as may be necessary for the purposes of this part; provided that any staff employed pursuant to this section shall be exempt from chapter 76.

§206M- Hawaii broadband office; duties. In furtherance of the State's objectives and policies for the economy pursuant to section 226-10.5, the office shall:

(1) Develop and implement specific strategies and plans to aggressively increase broadband affordability, penetration, and competitive availability in the State;

(2) Support the efforts of both public and private entities in Hawaii to enhance or facilitate the deployment of and access to competitively priced, advanced electronic communications services, including broadband and its products and services and internet access services of general application throughout Hawaii;

(3) Promote the landing of trans-Pacific submarine cable, including the development of a shared access cable station and associated terrestrial connectivity to reduce barriers to fiber landing in Hawaii;

(4) Promote, advocate, and facilitate the implementation of the findings and recommendations of the Hawaii broadband task force established by Act 2, First Special Session Laws of Hawaii 2007; and

(5) Actively seek out funding from private and public sources in furtherance of the office's duties pursuant to this chapter.

§206M- Broadband planning and coordination; cooperation.

(a) The office shall:

(1) Seek input and the widest possible cooperation from public and private agencies and individuals to achieve the purposes of this chapter;

(2) Promote coordinated broadband planning; and

(3) To the extent feasible, incorporate the ideas and suggestions of broadband stakeholders in the office's planning directives.

(b) Nothing in this part shall be construed to delegate or detract in any way from the functions, powers, and duties conferred by law or rule on any department or agency of the State or county."

SECTION 2. Chapter 201, part V, Hawaii Revised Statutes, is repealed.

SECTION 3. All rights, powers, functions, and duties of the office of aerospace development and Pacific international space center for exploration systems are transferred to the division of aerospace development within the Hawaii technology development corporation.

All employees who occupy civil service positions and whose functions are transferred to the division of aerospace development by this Act shall retain their civil service status, whether permanent or temporary. Employees shall be transferred without loss of salary, seniority (except as prescribed by applicable collective bargaining agreements), retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges, in accordance with state personnel laws and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

Any employee who, prior to this Act, is exempt from civil service and is transferred as a consequence of this Act may retain the employee's exempt status, but shall not be appointed to a civil service position as a consequence of this Act. An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, vacation or sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employees possess legal and public employment requirements for the position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws. The director of division of aerospace development may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes. A transferred employee shall retain their job title or as close thereto that reflects their position after transfer.

SECTION 4. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the office of aerospace development and Pacific international space center for exploration systems relating to the functions transferred to the division of aerospace development within the Hawaii technology development corporation shall be transferred with the functions to which they relate.

SECTION 5. All unencumbered and unexpended moneys remaining on balance at the close of June 30, 2020, in the Pacific international space center for exploration systems special fund established under section 201-80.2, Hawaii Revised Statutes, as that section read on the day prior to the effective date of this Act, shall be transferred to the credit of the division of aerospace development special fund established in section 1 of this Act.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2020-2021 for the creation and staffing of the Hawaii broadband office, including the establishment of three full-time equivalent (3.00 FTE) positions that are exempt from chapter 76, Hawaii Revised Statutes.

The sum appropriated shall be expended by the Hawaii technology development corporation for the purposes of this Act.

SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 8. This Act shall take effect on July 1, 2020.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2546
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII