Legislature(2021 - 2022)ADAMS 519

03/30/2022 01:30 PM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 363 BROADBAND: OFFICE, GRANTS, PARITY TELECONFERENCED
Heard & Held
+= HB 60 PUBLIC SCHOOLS: MENTAL HEALTH EDUCATION TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                   HOUSE FINANCE COMMITTEE                                                                                      
                       March 30, 2022                                                                                           
                          1:34 p.m.                                                                                             
                                                                                                                                
1:34:41 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Merrick called the House Finance Committee meeting                                                                     
to order at 1:34 p.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Neal Foster, Co-Chair (via teleconference)                                                                       
Representative Kelly Merrick, Co-Chair                                                                                          
Representative Dan Ortiz, Vice-Chair                                                                                            
Representative Ben Carpenter                                                                                                    
Representative Bryce Edgmon                                                                                                     
Representative DeLena Johnson                                                                                                   
Representative Andy Josephson                                                                                                   
Representative Bart LeBon                                                                                                       
Representative Sara Rasmussen                                                                                                   
Representative Steve Thompson                                                                                                   
Representative Adam Wool                                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Representative Bryce  Edgmon, Sponsor; Amory  Lelake, Staff,                                                                    
Representative Bryce Edgmon;  Micaela Fowler, Administrative                                                                    
Services  Director, Department  of  Commerce, Community  and                                                                    
Economic  Development,  Office  of  Management  and  Budget,                                                                    
Office   of  the   Governor;  Representative   Matt  Claman,                                                                    
Sponsor.                                                                                                                        
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 363    BROADBAND: OFFICE, GRANTS, PARITY                                                                                     
                                                                                                                                
          HB 363 was HEARD and HELD in committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
HB 60     PUBLIC SCHOOLS: MENTAL HEALTH EDUCATION                                                                               
HB  60  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
Co-Chair Merrick reviewed the meeting agenda.                                                                                   
                                                                                                                                
HOUSE BILL NO. 363                                                                                                            
                                                                                                                                
     "An Act establishing the  office of broadband; creating                                                                    
     the broadband parity  adjustment fund; establishing the                                                                    
     Statewide Broadband  Advisory Board; and  providing for                                                                    
     an effective date."                                                                                                        
                                                                                                                                
1:35:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BRYCE  EDGMON, SPONSOR, introduced  the bill.                                                                    
He  explained  that the  intent  of  the bill  was  straight                                                                    
forward. He  wanted to share  the circumstances that  led to                                                                    
the  legislation. He  reported  that in  May 2021,  Governor                                                                    
Dunleavy  issued an  administrative order  to create  a Task                                                                    
Force  on Broadband  in anticipation  of the  Infrastructure                                                                    
Investment  and  Jobs  Act (IIJA)  passing  Congress,  which                                                                    
happened on  November 15, 2021. The  eleven member taskforce                                                                    
held 32  meetings during  the summer and  fall of  2021 that                                                                    
included stakeholder  engagements and public  testimony. The                                                                    
taskforce  finished its  work and  submitted  its report  in                                                                    
November 2021,  prior to the  passage of  the infrastructure                                                                    
bill. He recounted  that the House Finance  Committee held a                                                                    
two hour  hearing with the  Task Force on Broadband  and its                                                                    
recommendations  on  February   1,  2022.  Subsequently,  he                                                                    
realized  that  the issue  was  significant  and should  not                                                                    
solely be  left up to  the executive branch  to unilaterally                                                                    
establish a  Broadband office  in a state  agency to  be the                                                                    
recipient  of   the  potential   billions  of   dollars  for                                                                    
broadband. The  funding was money  that would  actually lead                                                                    
to  deployment of  the highest  quality and  most affordable                                                                    
broadband  that current  technology offered.  He noted  that                                                                    
the backstory  led to  crafting HB 363.  He had  to consider                                                                    
how  to  create   a  bill  when  there   were  no  statutory                                                                    
provisions  related to  broadband. Therefore,  he turned  to                                                                    
the  Broadband  Taskforce  for assistance  in  crafting  the                                                                    
bill.  He emphasized  that the  bill was  almost exclusively                                                                    
built  off  of  the  taskforces   recommendations  with  the                                                                    
exception of  minor changes  made in  a prior  committee. He                                                                    
summarized  the   bill.  He  reiterated  that   HB  363  was                                                                    
straightforward and  had three components. The  first was to                                                                    
establish  the Broadband  Taskforce.  The  second created  a                                                                    
Broadband  Adjustment Parity  Fund and  the third  component                                                                    
created an  advisory board comprised of  a diversified group                                                                    
of Alaskans to  advise and support the  broadband office and                                                                    
play  a  key  role  in   terms  of  creating  the  necessary                                                                    
partnerships in order to deploy  broadband across the state;                                                                    
industry, stakeholders,  state, and multiple  federal agency                                                                    
partners.  He viewed  the larger  picture that  included the                                                                    
competitiveness  of  the  telecommunications  industry,  the                                                                    
vastness  and  challenging  terrain of  Alaska,  65  percent                                                                    
federal ownership  of Alaska lands, and  other circumstances                                                                    
that  made  it challenging  to  get  the infrastructure  and                                                                    
technology  in place.  He believed  that once  broadband was                                                                    
deployed  it would  play a  significant  role in  education,                                                                    
public  safety ,  government services,  telehealth, etc.  He                                                                    
noted  the potential  billions of  dollars  coming into  the                                                                    
state  in the  realm of  about $65  billion in  7  different                                                                    
buckets of money.   He  delineated that $42.5 billion of the                                                                    
funding  would   flow  through    one  bucket    called  the                                                                    
 Broadband   Advisory  Equity   Deployment  Fund.    Another                                                                    
smaller  source or  bucket  of funding  was  $2 billion  for                                                                    
tribal connectivity,  which would  not be  dispersed through                                                                    
the broadband office, but  separately via relationships with                                                                    
tribes  and  consortiums.  He noted  that  there  were  also                                                                    
technical aspects of the bill.                                                                                                  
                                                                                                                                
1:42:42 PM                                                                                                                    
                                                                                                                                
Co-Chair  Merrick asked  to hear  a  sectional analysis  and                                                                    
explanation of the changes made in the previous committee.                                                                      
                                                                                                                                
AMORY LELAKE, STAFF,  REPRESENTATIVE BRYCE EDGMON, indicated                                                                    
that  the bill  would  create  a brand  new  section of  law                                                                    
between  the Alaska  Forest and  Marketing  Program and  the                                                                    
Alaska   Revolving  Loan   Program.   She  reiterated   that                                                                    
broadband was  not contemplated in  Alaska law and  the bill                                                                    
 charted   new  territory.    She  provided   the  sectional                                                                    
analysis (copy on file):                                                                                                        
                                                                                                                                
     Section  1: Creates  a new  section,  AS 44.33.910,  to                                                                    
     establish the Office of Broadband  in the Department of                                                                    
     Commerce, Community,  and Economic  Development (DCCED)                                                                    
     and details the Office  of Broadband's purpose, powers,                                                                    
     and duties, to include:                                                                                                    
                                                                                                                                
     1. Expand broadband access and digital equity in the                                                                     
        state    through   federal,   tribal,    and   local                                                                    
        partnerships,    while   maintaining   technological                                                                    
        neutrality,    with   prioritization    of   service                                                                    
        expansion in the following order: unserved areas,                                                                       
        underserved areas, and anchor institutions.                                                                             
                                                                                                                                
Ms. Lelake pointed  out that in Section 1,  Tribal was added                                                                    
by the  prior committee, House Labor  and Commerce Committee                                                                    
(HLC). The  prioritization of service expansion  was defined                                                                    
in IIJA and recommended by the taskforce.                                                                                       
                                                                                                                                
     2.  Develop  a  procedure  for  adoption  of  broadband                                                                    
     service maps that  incorporates the forthcoming Federal                                                                    
     Communications  Commission  (FCC)  maps  in  accordance                                                                    
     with  the   Federal  Broadband  DATA   Act,  streamline                                                                    
     permitting processes, and  encourage development of in-                                                                    
     state workforce                                                                                                            
                                                                                                                                
Ms.   Lelake  elaborated   that  HLC   clarified  that   the                                                                    
development  of an  in-state workforce  would come  from the                                                                    
University   of   Alaskas   (UA)   existing   apprenticeship                                                                    
programs and technical workforce programs.                                                                                      
                                                                                                                                
     3.  Establish  a  grant program  and  broadband  parity                                                                    
     adjustments:                                                                                                               
          a. AS  44.33.915 establishes the  Broadband Parity                                                                    
          Adjustment Fund (BPAF);                                                                                               
          b. The  BPAF is  a separate  fund in  the treasury                                                                    
          which  allows for  grants to  offset the  costs of                                                                    
          broadband services for eligible consumers;                                                                            
          c.  Makes  grants  to  eligible  beneficiaries  to                                                                    
          improve   the  performance   of   and  access   to                                                                    
          broadband across the state;                                                                                           
          d. Funds  can come from money  appropriated by the                                                                    
          legislature,  federal funds,  and interest  earned                                                                    
          on the fund balance;                                                                                                  
     4. Review  and consideration of the  recommendations of                                                                    
     the  Statewide  Broadband  Advisory  Board  (The  SBAB)                                                                    
     established under AS 44.33.920.                                                                                            
                                                                                                                                
Ms. Lelake interjected that the  BPAF was recommended by the                                                                    
taskforce and was  included in a letter of  comment from the                                                                    
governor to the  National Telecommunications and Information                                                                    
Administration   (NTIA).   The   adjustment   fund   ensured                                                                    
affordability  for  rural  Alaska residents  who  paid  high                                                                    
costs for relatively small amounts of bandwidth.                                                                                
                                                                                                                                
1:46:57 PM                                                                                                                    
                                                                                                                                
Ms. Lelake continued to review the sectional analysis:                                                                          
                                                                                                                                
     The board is:                                                                                                              
     a.  Composed of  9 members  appointed by  the Governor,                                                                    
     and  commissioners from  DCCED  and  the Department  of                                                                    
     Education  &  Early  Development  (DEED)  and  two  ex-                                                                    
     officio,  non-voting   members  from   the  legislature                                                                    
     appointed by presiding officers                                                                                            
     b. Created to provide an  inclusive process for a broad                                                                    
     number  of stakeholder  groups including  tribal, local                                                                    
     government,  school districts,  The University,  health                                                                    
     care sector, industry, and consumers                                                                                       
     c.  Directs the  SBAB to  create a  broadband technical                                                                    
     working group.                                                                                                             
                                                                                                                                
     Section 2: This Act sunsets on June 30, 2030                                                                               
     Section  3:  Establishes  an immediate  effective  date                                                                    
     under AS 01.10.070(c)                                                                                                      
                                                                                                                                
Ms. Lelake  indicated that that  the two  ex-officio members                                                                    
were  added by  the  HLC committee,  added  three year  term                                                                    
lengths,  and specified  that two  members  of the  advisory                                                                    
board  must be  from unserved  and underserved  communities.                                                                    
She  furthered that  the broadband  technical working  group                                                                    
would be comprised  of industry providers in  the state. The                                                                    
sunset  date allowed  enough  time for  the  projects to  be                                                                    
completed.                                                                                                                      
                                                                                                                                
1:48:46 PM                                                                                                                    
                                                                                                                                
Representative   Johnson    recognized   that    there   was                                                                    
substantial incoming  money for tribal entities.  She looked                                                                    
at  the board  makeup that  included  a member  of a  tribal                                                                    
government  and a  member of  an Alaska  Native Corporation.                                                                    
She wondered  how the  two members  would bring  a different                                                                    
perspective to the board.                                                                                                       
                                                                                                                                
Representative Edgmon replied that the  bill had to strike a                                                                    
balance between  the size of  the board but  accommodate all                                                                    
the stakeholders.  He elucidated  that a  technical subgroup                                                                    
was  established   that  would  be  comprised   of  industry                                                                    
representatives to  advise the  broadband advisory  group. A                                                                    
component of  broadband infrastructure funding  was designed                                                                    
to provide  broadband to unserved and  underserved areas. He                                                                    
noted that  182 communities in  the state were  unserved. He                                                                    
determined that  adding the two Alaska  Native members added                                                                    
the  perspective of  the larger  corporate presence  and the                                                                    
tribal non-profit  element as a critical  element of serving                                                                    
unserved  and  underserved  populations. He  mentioned  that                                                                    
areas   of  the   state   had   significant  Alaska   Native                                                                    
populations like  in areas  of the  Matanuska-Susitna Valley                                                                    
(Mat-Su) that were technically underserved.                                                                                     
                                                                                                                                
1:51:33 PM                                                                                                                    
                                                                                                                                
Ms.  Lelake  added  that the  advisory  board  was  directly                                                                    
derived  from the  taskforce  recommendations that  included                                                                    
tribal and Native members.                                                                                                      
                                                                                                                                
Representative Johnson  stated that Native  corporations had                                                                    
worldwide  reach  and  innumerable corporate  resources  and                                                                    
interests.  She  asked  if  any  of  the  corporations  were                                                                    
involved  in   broadband  buildout  and  if   they  had  any                                                                    
expertise to offer.                                                                                                             
                                                                                                                                
Representative   Edgmon   responded  that   Doyon   Regional                                                                    
Corporation informed  him that they were  working on placing                                                                    
fiber optic  cable along  the Yukon  River. He  guessed that                                                                    
other   Native  Corporations   were  working   on  obtaining                                                                    
broadband  funding  and  become  part of  a  larger  web  of                                                                    
partners in getting broadband to remote parts of the state.                                                                     
                                                                                                                                
Vice-Chair Ortiz asked what  the term  technical neutrality                                                                     
meant.  Ms. Lelake  answered  that technological  neutrality                                                                    
was a term that  existed throughout the infrastructure bill.                                                                    
She elaborated  that it  meant one  technology could  not be                                                                    
chosen over  another. The requirements of  speed and latency                                                                    
determined  what technology  would be  approved for  a grant                                                                    
rather than it being named in the bill.                                                                                         
                                                                                                                                
1:54:20 PM                                                                                                                    
                                                                                                                                
Vice-Chair Ortiz noticed that  the bill named the Department                                                                    
of Commerce,  Community and Economic Development  (DCCED) as                                                                    
the   agency  tasked   with  carrying   out  the   broadband                                                                    
functions.  He thought  it made  good sense  but noted  that                                                                    
there was not  another department that had been  cut more in                                                                    
recent  years.  He  asked  whether  the  bill  provided  the                                                                    
department the means  to handle the demands of  the bill. He                                                                    
mentioned  that the  COVID relief  funding distribution  had                                                                    
 mixed results in the state.                                                                                                    
                                                                                                                                
Co-Chair Merrick noted that DCCED was online.                                                                                   
Representative  Edgmon  highlighted  that  every  state  and                                                                    
every  territory  had  been granted  $100  million  in   set                                                                    
aside  funding.  The state had  to prove that  the necessary                                                                    
structure  was  in place  to  qualify  for the  funding.  He                                                                    
remarked that a significant portion  of the funding would be                                                                    
awarded  through   NTIA.  He  stated   that  the   bill  was                                                                    
minimalistic  in   relation  to   taskforce  recommendations                                                                    
because the state  did not have all of  the regulations from                                                                    
NTIA yet. He  expected that on May 16, 2022,  the NTIA would                                                                    
issue  a  Notice  of Funding  Opportunity  that  would offer                                                                    
more information  regarding competing for grant  funding. He                                                                    
offered that each  state needed to file a   Notice of Letter                                                                    
of  Intent   alerting  the  NTIA  that  Alaska  intended  to                                                                    
participate. The  letter qualified  the state for  5 percent                                                                    
of the $100 million or $5  million in set aside funding. The                                                                    
seed money would fund  the broadband office, administration,                                                                    
planning ,  and interfacing. He anticipated  that no General                                                                    
Funds (GF) would be expended in the effort for many years.                                                                      
                                                                                                                                
1:58:27 PM                                                                                                                    
                                                                                                                                
Ms. Lelake added  that the initial $5  million was expressly                                                                    
for planning purposes and the  department would speak to the                                                                    
specific  positions  that  were   necessary  to  obtain  the                                                                    
Eligible Use  and Planning  Pre-Deployment Funds  awarded by                                                                    
NTIA.                                                                                                                           
                                                                                                                                
Representative  LeBon cited  page 4  of the  bill showing  a                                                                    
list of  board members, specifically the  broadband industry                                                                    
member. He asked how the  broadband industry member would be                                                                    
selected given the different  technologies that existed. Ms.                                                                    
Lelake  answered   that  the  bill  contemplated   that  the                                                                    
governor  would appoint  the industry  member. However,  the                                                                    
technical   subcommittee  group   of  which   the  broadband                                                                    
industry member would be part  of would represent all of the                                                                    
industry's  technologies. The  subcommittee and the industry                                                                    
member would  offer recommendations  to the  advisory board.                                                                    
Representative  LeBon  did not  want  a  particular type  of                                                                    
service to  be excluded because  they did not have   a voice                                                                    
at the table.                                                                                                                   
                                                                                                                                
Representative  Wool  referenced  the  mention  of  consumer                                                                    
representation. He  asked for detail pertaining  to who that                                                                    
would be and how was  the member chosen. Ms. Lelake answered                                                                    
that the  member representing  consumers would  be appointed                                                                    
by the  governor. She  did not know  how the  governor would                                                                    
select the person.  She hoped that it would  be someone from                                                                    
an  unserved or  underserved community.  She commented  that                                                                    
the advisory board  was intended to be made  up of broadband                                                                    
consumers  with the  exception of  the  industry member  and                                                                    
technical  working group.  Representative Wool  relayed that                                                                    
he spoke with  the sponsor about the  importance of consumer                                                                    
representation on  the board. He  had mentioned  that Alaska                                                                    
Public  Interest  Research  Group  (AKPIRG)  as  a  possible                                                                    
group,  or  the  Regulatory Affairs  Public  Advocacy  group                                                                    
(RAPA) might  best represent consumers. He  wanted to ensure                                                                    
consumers  were  well  looked after  since  everyone  was  a                                                                    
broadband consumer.                                                                                                             
                                                                                                                                
2:02:26 PM                                                                                                                    
                                                                                                                                
Representative  Edgmon underscored  that  that the  advisory                                                                    
board  members  composition  was taken  from  the  Broadband                                                                    
Taskforces recommendations.                                                                                                     
                                                                                                                                
Co-Chair Merrick  asked the department to  review the fiscal                                                                    
note.                                                                                                                           
                                                                                                                                
MICAELA    FOWLER,    ADMINISTRATIVE   SERVICES    DIRECTOR,                                                                    
DEPARTMENT OF COMMERCE,  COMMUNITY AND ECONOMIC DEVELOPMENT,                                                                    
OFFICE  OF MANAGEMENT  AND BUDGET,  OFFICE OF  THE GOVERNOR,                                                                    
relayed  that   the  department  was  appreciative   of  the                                                                    
legislation. The  department believed that the  bill offered                                                                    
clear legislative intent for how  it should proceed with the                                                                    
broadband program.  She explained  that the funding  for the                                                                    
program  was  limited  to  the   $5  million  referenced  by                                                                    
Representative Edgmon. Initial costs  for the office will be                                                                    
funded  from  federal  revenue from  the  Broadband  Equity,                                                                    
Access,  and Deployment  Program (BEAD),  that would  become                                                                    
available  once DCCED  submitted its  Letter of  Intent. The                                                                    
letter of intent could not  be submitted until after the May                                                                    
16, 2022, Notice of Funding Opportunity was released.                                                                           
                                                                                                                                
Co-Chair  Merrick asked  how the  department  knew it  would                                                                    
receive a  portion of  the $5  million. Ms.  Fowler answered                                                                    
that it  was specified in  the BEAD program  guidelines. Co-                                                                    
Chair  Merrick  clarified that  the  $5  million was  not  a                                                                    
competitive grant. Ms. Fowler responded in the affirmative.                                                                     
                                                                                                                                
Ms.  Fowler discussed  the  published  fiscal impact  fiscal                                                                    
note  for  DCCED,  Commissioners   Office  (FN1  (CED).  She                                                                    
relayed that the initial staffing  was conservative to avoid                                                                    
overstaffing  the office  on the  frontend since  there were                                                                    
still unknowns until DCCED  received the funding opportunity                                                                    
notice. She  delineated that  three initial  positions would                                                                    
be  needed beginning  in FY  23. She  listed the  positions:                                                                    
Director of  Broadband, Broadband Technician, and  a Project                                                                    
Administrator.  The  administration   deduced  that  it  was                                                                    
important  to attract  candidates that  understood broadband                                                                    
and  had some  level of  technical expertise  and also  were                                                                    
able   to   communicate   with   non-technical   staff   and                                                                    
stakeholders.                                                                                                                   
                                                                                                                                
2:05:55 PM                                                                                                                    
                                                                                                                                
Ms.  Fowler  continued  to  review   the  fiscal  note.  She                                                                    
indicated that  in FY 2024,  the department  would  hire two                                                                    
additional grant  administrator positions. She  reminded the                                                                    
committee  that DCCED  would administer  grants through  the                                                                    
BEAD program to  the private sector to  build out broadband.                                                                    
She  furthered  that the  bill  mandated  that travel  costs                                                                    
associated  with the  board  were not  borne  by the  state.                                                                    
Therefore,  travel  would  be  limited  but  DCCED  budgeted                                                                    
$15,000  designated  for  staff  travel  rather  than  board                                                                    
travel  to   ensure  visits  to  unserved   and  underserved                                                                    
communities.  She  delineated   that  regulations  would  be                                                                    
needed  to  define grant  processes  and  set the  broadband                                                                    
offset rate.  In addition, a considerable  increase in legal                                                                    
support services were anticipated  to ensure compliance with                                                                    
federal laws  and for development of  grant regulations. She                                                                    
noted that  DCCED was striving  for a  clean   grant process                                                                    
that was carefully laid out  so it would not be misconstrued                                                                    
that the department chose  winners  and losers.  She offered                                                                    
that DCCED  expected some commodities  costs, and  the grant                                                                    
line  was indeterminate.  She  alluded that  in  FY 24,  the                                                                    
department would likely request  either a capitalization for                                                                    
the   parity  fund   or  some   other  further   legislative                                                                    
appropriation action.                                                                                                           
                                                                                                                                
Representative  Johnson  deduced  that the  three  positions                                                                    
would not  be needed once  the projects were  completed. Ms.                                                                    
Fowler answered that the legislation  had a sunset date. The                                                                    
department  created the  positions  as  temporary until  the                                                                    
federal funds were exhausted.                                                                                                   
                                                                                                                                
Vice-Chair  Ortiz asked  about  the $297,000  for the  three                                                                    
temporary exempt  positions. He  inquired how  DCCED derived                                                                    
the figure.  He guessed that  the jobs would  be competitive                                                                    
since  the broadband  program  was  nationwide. He  wondered                                                                    
whether  the  amount  was   sufficient  to  attract  capable                                                                    
applicants.                                                                                                                     
2:10:31 PM                                                                                                                    
                                                                                                                                
Ms.  Fowler   replied  that  the  department   believed  the                                                                    
positions  were appropriately  ranged.  She  relayed that  a                                                                    
typical director position  was a range 27  and the temporary                                                                    
director  position was  a  range 26,  which  aligned with  a                                                                    
directors  salary of a smaller  division. She disclosed that                                                                    
the  department was  looking for  parity with  similar state                                                                    
positions. Vice-Chair  Ortiz stated that it  made sense when                                                                    
comparing the wages to the  government structure, but he did                                                                    
not know it  was possible to fit the  state salary structure                                                                    
into the demand for highly technical candidates.                                                                                
                                                                                                                                
2:11:56 PM                                                                                                                    
                                                                                                                                
Representative  Carpenter cited  the  definition of  "anchor                                                                    
institution" on  page 3, subsection  (e) and turned  to page                                                                    
4, lines  18 through 26 that  listed the breakdown of  the 9                                                                    
additional members as follows:                                                                                                  
                                                                                                                                
                 (A)  a local government;                                                                                       
     (B)  an Alaska Native corporation;                                                                                         
     (C)  a tribal government;                                                                                                  
     (D)  a school district;                                                                                                    
     (E)  the University of Alaska;                                                                                             
     (F)  the health care community;                                                                                            
     (G)  the business community;                                                                                               
     (H)  the broadband industry; and                                                                                           
     (I)  a broadband consumer.                                                                                                 
                                                                                                                                
Representative Carpenter he deemed  that (A), (D), (E), (F),                                                                    
represented anchor institutions.  He wondered whether Alaska                                                                    
Native   corporation,   tribal  government,   the   business                                                                    
community, the broadband industry,  and a broadband consumer                                                                    
were considered anchor institutions.                                                                                            
                                                                                                                                
Ms.   Lelake  answered   that  the   definition  of   anchor                                                                    
institutions was included  in the IIJA bill.  She stated the                                                                    
definition,  an  entity that facilitates the  greater use of                                                                    
broadband  service by  vulnerable populations  including low                                                                    
income, unemployed,  and aged individuals, such  as schools,                                                                    
libraries,  health clinics  or centers,  hospital and  other                                                                    
medical  providers, public  safety entities,  institution of                                                                    
higher   education,   public   housing   organization,   and                                                                    
community  support organization.     She  interpreted it  to                                                                    
mean the anchor institutions were  a priority for funding in                                                                    
the infrastructure bill;  therefore, having individuals from                                                                    
anchor  institutions  on the  board  made  sense. She  would                                                                    
follow  up. Representative  Carpenter discerned  that tribal                                                                    
governments  would fit  into the  definition but  questioned                                                                    
whether Native Corporations or  other corporations would fit                                                                    
into the  category. He  believed that  it mattered.  He drew                                                                    
attention to page  4, line 16, subsection (4)  and read,  at                                                                    
least    two     of    whom    live    in     an    unserved                                                                    
or underserved  area.  He moved  to page 2, lines  5 through                                                                    
10, and read,                                                                                                                   
                                                                                                                                
     (c)  The office of broadband shall                                                                                         
     (1)  prioritize broadband service expansion in the                                                                         
     following order of priority: (A)  unserved areas; (B)                                                                      
     underserved areas; and (C)  anchor institutions;                                                                           
                                                                                                                                
Representative  Carpenter  noted  that  unserved  areas  was                                                                    
listed  as the  first priority,  underserved as  the second,                                                                    
and  finally anchor  institutions.  He  observed that  there                                                                    
were no specific  entities listed in the bill  as a priority                                                                    
under unserved or underserved areas  and only two members of                                                                    
the board were required to  live in the areas. He emphasized                                                                    
that  the remainder  of the  members of  the board  were not                                                                    
from unserved  and underserved areas  and were  listed third                                                                    
in priority for  the funding. He surmised  that the majority                                                                    
of the  board could be from  non-unserved or non-underserved                                                                    
areas.  He  asked  what  happened if  there  was  an  anchor                                                                    
institution  from  an  unserved   or  underserved  area.  He                                                                    
thought that  there was a  risk that the composition  of the                                                                    
board could be made up completely of anchor institutions.                                                                       
                                                                                                                                
2:16:15 PM                                                                                                                    
                                                                                                                                
Representative Edgmon  thought it  was a great  question. He                                                                    
pointed out  that they were  creating a new section  of law.                                                                    
He  believed invited  testimony in  the future  would likely                                                                    
illuminate  the  issue.  He reminded  the  member  that  the                                                                    
advisory   board   was    derived   from   the   taskforces                                                                     
recommendations. He shared from  personal experience that in                                                                    
order for rural  communities to receive any  type of service                                                                    
it typically  happens through an  anchor institution  like a                                                                    
school, health  clinic, troopers,  or Village  Public Safety                                                                    
Officer  (VPSO)  office.  He pondered  whether  having  more                                                                    
unserved  and underserved  members could  be beneficial.  He                                                                    
welcomed the insight  and felt that he could  not answer the                                                                    
question  in  depth.  He  deferred   to  the  chair  of  the                                                                    
taskforce  to  address Representative  Carpenters   concern.                                                                    
Representative  Carpenter   opined  that  if  there   was  a                                                                    
broadband  consumer as  one of  the board  members competing                                                                    
against  six  anchor institutions  for  projects,  it was  a                                                                    
David  and  Goliath  situation.  He  was  concerned  it  was                                                                    
stacked heavily  toward funding  institutions and  the rural                                                                    
communities would become second priority.                                                                                       
                                                                                                                                
2:18:49 PM                                                                                                                    
                                                                                                                                
Representative  Edgmon  answered   that  the  grant  funding                                                                    
required  compliance with  regulations and  the state  would                                                                    
need  to   work  with   NTIA,  the   Federal  Communications                                                                    
Commission (FCC), and possibly  the United States Department                                                                    
of  Agriculture  (USDA).  He furthered  that  the  broadband                                                                    
deployment services  would be measured, and  the performance                                                                    
evaluated  to  ensure what  the  federal  program wanted  to                                                                    
achieve, providing  high quality internet to  rural areas in                                                                    
a manner  comparable to urban  areas. He concluded  that the                                                                    
funding had to achieve the goals.                                                                                               
                                                                                                                                
Representative Rasmussen  understood that any  decisions for                                                                    
projects regardless of the makeup  of the advisory board was                                                                    
to serve unserved communities  first followed by underserved                                                                    
communities. She  doubted that  the composition of  the task                                                                    
force    would   supersede    the   priority    requirement.                                                                    
Representative  Edgmon outlined  that the  first thing  that                                                                    
was necessary was to determine  the unserved and underserved                                                                    
areas of the  state. He delineated that it  would happen via                                                                    
an  exhaustive  mapping process  that was not yet completed.                                                                    
The broadband office would coordinate  and help shepherd the                                                                    
mapping process. However, there  were many small communities                                                                    
scattered throughout  the state where an  anchor institution                                                                    
rose  above  the  priorities  of  unserved  and  underserved                                                                    
because that  was all that  was operating in  the community.                                                                    
He agreed that unserved  and underserved would likely remain                                                                    
the priority, but he was uncertain.                                                                                             
                                                                                                                                
Ms.  Lelake interjected  that  Representative Rasmussen  was                                                                    
correct. She elucidated  that the federal law  made it clear                                                                    
through definition the unserved  and underserved were listed                                                                    
as the  top priorities.  She ascertained that  once unserved                                                                    
and  underserved   were  equipped  with   broadband,  anchor                                                                    
institutions  would also  be equipped  with broadband  since                                                                    
they existed  within those  communities. She  furthered that                                                                    
the  advisory  board  would  not  make  decisions  regarding                                                                    
grants.  Grants  would  be  determined   by  the  Office  of                                                                    
Broadband and  what was established  through law.  The board                                                                    
was established  for stakeholder engagement.  She emphasized                                                                    
that it was  absolutely clear in state and  federal law that                                                                    
unserved  and   underserved  communities   were  prioritized                                                                    
first.                                                                                                                          
                                                                                                                                
2:22:52 PM                                                                                                                    
                                                                                                                                
Representative   Carpenter   had    understood   the   point                                                                    
reiterated  by Ms.  Lelake. He  was uncertain  how it  would                                                                    
work in practice.  He used his community as  an example. His                                                                    
community  was  comprised  of  a  school  and  unserved  and                                                                    
underserved  area. He  listed the  members  of the  advisory                                                                    
board and  wondered whether the  school was served  first or                                                                    
if  consumers were  prioritized. He  questioned whether  the                                                                    
board had  the  right  influencers to get  the money  out to                                                                    
the unserved  areas.  He opined  that the board  was stacked                                                                    
with individuals form anchor institutions.                                                                                      
                                                                                                                                
Representative Wool  referred back to his  comment on AKPIRG                                                                    
and  RAPA  and  noted   that  they  were  consumer  advocate                                                                    
organizations. He did  not want just anyone  on the consumer                                                                    
seat he  favored someone  experienced with  representing the                                                                    
consumer.                                                                                                                       
                                                                                                                                
Co-Chair Merrick  asked if there  were other  similar pieces                                                                    
of  legislation that  dealt with  setting  up the  broadband                                                                    
infrastructure. Representative  Edgmon answered that  it was                                                                    
the only  piece of  legislation in the  House and  there was                                                                    
also a Senate companion bill.                                                                                                   
                                                                                                                                
Ms. Lelake  added that there  was an identical bill,  SB 234                                                                    
in the  Senate introduced by  the Senate Labor  and Commerce                                                                    
Committee.  She  noted  that there  were  other  bills  that                                                                    
established a broadband authority.                                                                                              
                                                                                                                                
HB  363  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
2:25:41 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:31:12 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
HOUSE BILL NO. 60                                                                                                             
                                                                                                                                
     "An Act relating to mental health education."                                                                              
2:31:16 PM                                                                                                                    
                                                                                                                                
Co-Chair  Merrick indicated  that  the  bill was  previously                                                                    
heard on March 17, 2022,  and the committee would consider 7                                                                    
amendments.                                                                                                                     
                                                                                                                                
Representative Thompson  noted that  the Senate  version was                                                                    
in third  reading on the Senate  Floor and if it  passed the                                                                    
body, it would  be referred to the  House Finance Committee.                                                                    
He indicated  that the amendments  offered by  the committee                                                                    
were  not  in the  Senate  version.  He recommended  waiting                                                                    
until the Senate version was referred to the committee.                                                                         
                                                                                                                                
Representative Thompson  MOVED to TABLE  HB 60 until  it was                                                                    
known whether the Senate would pass the bill.                                                                                   
                                                                                                                                
2:32:32 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:35:23 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Merrick OBJECTED.                                                                                                      
                                                                                                                                
2:35:51 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:39:09 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Representative Thompson WITHDREW his motion.                                                                                    
                                                                                                                                
Representative  Edgmon stated  that  a motion  to table  was                                                                    
nondebatable. He thought there  should be an opportunity for                                                                    
the  public  to hear  discussion  regarding  the motion.  He                                                                    
stated the  issue as  he understood it.  He voiced  that the                                                                    
Senate  companion  bill, SB  80  would  likely pass  and  be                                                                    
referred  to the  committee. The  question  was whether  the                                                                    
committee  act  on the  amendments  during  the hearing  and                                                                    
duplicate the process when the  Senate bill was referred. He                                                                    
noted  that  there  were  no   formal  rules  to  guide  the                                                                    
decision, but it was customary  to defer to members from its                                                                    
own body.                                                                                                                       
                                                                                                                                
REPRESENTATIVE MATT  CLAMAN, SPONSOR,  preferred to  take up                                                                    
the  amendments during  the  current  meeting. He  furthered                                                                    
that  the amendments  that passed  could  be taken  up in  a                                                                    
single  amendment  or a  Committee  Substitute  (CS) if  the                                                                    
Senate bill was referred.                                                                                                       
                                                                                                                                
Representative Wool  asked if the other  co-chair was online                                                                    
to vote.                                                                                                                        
                                                                                                                                
Co-Chair Foster was present online.                                                                                             
                                                                                                                                
Representative Wool thought that  if the committee currently                                                                    
debated  the amendments  the actions  could act  as guidance                                                                    
and did  not necessarily mean  adopted amendments had  to be                                                                    
rolled into the Senate version of the bill.                                                                                     
                                                                                                                                
Co-Chair Merrick  relayed that  there was  a firm  3:30 stop                                                                    
time.                                                                                                                           
                                                                                                                                
Representative   Edgmon   thought  Representative   Thompson                                                                    
should be able to make his case.                                                                                                
                                                                                                                                
Representative Thompson  explained that  he wanted  to avoid                                                                    
the possibility of taking up the amendments twice.                                                                              
                                                                                                                                
Representative Thompson MOVED to TABLE  the bill until SB 80                                                                    
was referred to committee.                                                                                                      
                                                                                                                                
2:43:02 PM                                                                                                                    
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Johnson,  LeBon,  Rasmussen, Thompson,  Carpenter,                                                                    
Merrick, Foster                                                                                                                 
OPPOSED: Edgmon, Josephson, Ortiz, Wool                                                                                         
                                                                                                                                
The MOTION  PASSED (7/4). There being  NO further OBJECTION,                                                                    
HB 60 was TABLED.                                                                                                               
                                                                                                                                
HB  60  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
2:44:10 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:44:32 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair  Merrick reviewed  the schedule  for the  following                                                                    
day.                                                                                                                            
ADJOURNMENT                                                                                                                   
                                                                                                                                
2:44:57 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 2:44 p.m.