Legislature(2023 - 2024)ADAMS 519

02/08/2024 01:30 PM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 89 DAY CARE ASSIST./CHILD CARE GRANT PROGRAM TELECONFERENCED
Moved CSHB 89(FIN) Out of Committee
+= HB 193 INTERNET FOR SCHOOLS TELECONFERENCED
Heard & Held
-- Public Testimony --
+= HB 178 VILLAGE SAFE WATER FACILITIES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 193                                                                                                            
                                                                                                                                
     "An Act relating to funding for Internet services for                                                                      
     school districts; and providing for an effective                                                                           
     date."                                                                                                                     
                                                                                                                                
Co-Chair Foster moved to the next bill on the agenda.                                                                           
                                                                                                                                
2:54:24 PM                                                                                                                    
                                                                                                                                
Co-Chair Edgmon  provided a brief  overview of the  bill. He                                                                    
reminded the committee  that the bill was last  heard on May                                                                    
11, 2023.  He summarized  that the  bill would  allow school                                                                    
districts to  utilize state  programs that  were implemented                                                                    
in 2014 and  apply for higher levels  of internet capability                                                                    
via increased megabytes per second  (MBps). He detailed that                                                                    
the program began  at 10MBps, progressed to  25MBps in 2020,                                                                    
and  the bill  proposed 100MBPS.  He explained  that through                                                                    
the  Broadband Assistance  Grant (BAG)  program primary  and                                                                    
secondary  schools  and  libraries  applied  to  qualify  to                                                                    
access federal money through  the Federal Universal Services                                                                    
program. Every  state dollar was  matched by $8.00  or $9.00                                                                    
of federal funds. The program needed a change in statute.                                                                       
                                                                                                                                
2:55:50 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster OPENED Public Testimony.                                                                                        
                                                                                                                                
2:57:19 PM                                                                                                                    
                                                                                                                                
MADELINE AGUILLARD, SUPERINTENDENT,  KUSPUK SCHOOL DISTRICT,                                                                    
testified in  support of the  bill. She reported  that under                                                                    
the  current  25MBps  the  district  had  to  stagger  state                                                                    
testing  among the  different schools  in the  district. The                                                                    
district had  to arrange schedules and  monitor internet use                                                                    
with  the  bandwidth  at  maximum  capacity  every  day.  In                                                                    
addition, the  district had approximately 50  classes online                                                                    
with  310 students  participating.  It  represented a  large                                                                    
percentage  of core  classwork because  the district  lacked                                                                    
enough teachers. She emphasized  how crucial internet was to                                                                    
the district  for students  to have  access to  an education                                                                    
and that the district was very reliant on broadband.                                                                            
                                                                                                                                
3:00:02 PM                                                                                                                    
                                                                                                                                
KIM  HANISCH,  SUPERINTENDENT,   UNALASKA  SCHOOL  DISTRICT,                                                                    
testified  in   support  of  the  bill.   She  informed  the                                                                    
committee that  the district had  access to fiber  optics in                                                                    
the prior year  and had the potential to  reach 100MBps. The                                                                    
district opted to  increase it to 50MBps in  order to retain                                                                    
its  e-rate funding  but  had  lost a  lot  of the  funding.                                                                    
Currently, it cost  the district more to  provide 50MBps and                                                                    
she  characterized  the   situation  as  counter  intuitive.                                                                    
However, at  50MBps the  district was  able to  provide more                                                                    
services  and  resources  the  students  could  access.  She                                                                    
encouraged the committee to support the bill.                                                                                   
                                                                                                                                
3:01:43 PM                                                                                                                    
                                                                                                                                
Representative Galvin  thanked Ms. Hanisch for  all her hard                                                                    
work.                                                                                                                           
                                                                                                                                
Representative  Ortiz asked  Ms.  Hanisch how  long she  had                                                                    
been  the superintendent  in Unalaska.  Ms. Hanisch  replied                                                                    
that it  was her first  year. Representative Ortiz  asked if                                                                    
broadband  had   improved.  Ms.  Hanisch  answered   in  the                                                                    
affirmative. She  added that  it was the  first year  of the                                                                    
increase  to 50MBps  and it  made a  huge   positive impact.                                                                    
Representative Ortiz thanked her for her testimony.                                                                             
                                                                                                                                
3:03:04 PM                                                                                                                    
                                                                                                                                
Representative  Stapp  relayed  that  John  Conwell  was  an                                                                    
amazing  prior superintendent.  He thought  it was  a highly                                                                    
successful school.                                                                                                              
                                                                                                                                
3:03:57 PM                                                                                                                    
                                                                                                                                
LISA PARADY,  EXECUTIVE DIRECTOR,  ALASKA COUNCIL  OF SCHOOL                                                                    
ADMINISTRATORS, testified  in favor  of HB 193.  She offered                                                                    
that  the council  represented  all superintendents,  school                                                                    
officials,  principals, and  school districts.  She remarked                                                                    
on  how  significantly important  the  bill  was for  remote                                                                    
rural schools. She  indicated that the bill  would raise the                                                                    
cap for  BAG to  the FCC minimum  standard for  bandwidth in                                                                    
schools.  She  believed  that   the  students  deserved  the                                                                    
increase.  The  COVID   pandemic  highlighted  the  "digital                                                                    
inequity" between rural and urban  schools and their ability                                                                    
for urban schools to switch  to digital learning while rural                                                                    
schools could  not. She  thought that  the situation  was an                                                                    
 equity issue  and with the  new infrastructure money coming                                                                    
in it was  time to support rural districts.  She voiced that                                                                    
even  100MBps  was  low  given   levels  in  Anchorage.  She                                                                    
concluded that  access to bandwidth was  necessary and vital                                                                    
for   learning  and   innovation.  In   addition,  increased                                                                    
bandwidth  created  efficiencies and  supported  communities                                                                    
for  online health  services. She  did  not think  geography                                                                    
should  determine  learning  opportunities.  She  urged  for                                                                    
passage of the bill.                                                                                                            
                                                                                                                                
Co-Chair  Foster asked  when the  application deadline  was.                                                                    
Ms. Parady  responded that the  date was February  27, 2024,                                                                    
due  to a  month prior  notification requirement,  it was  a                                                                    
"drop dead" deadline.                                                                                                           
                                                                                                                                
3:07:40 PM                                                                                                                    
                                                                                                                                
Co-Chair  Edgmon thanked  Ms. Parady  for her  leadership on                                                                    
the issue.  He noted that  in the near future  100MBps would                                                                    
likely  be the  floor  instead of  the  ceiling. Ms.  Parady                                                                    
recalled  working  on  the 10MBps  BAG  bill  with  Co-Chair                                                                    
Edgmon, Senator  Olson, and Senator Hoffman  and thanked Co-                                                                    
Chair Edgmon for his leadership on the bill.                                                                                    
                                                                                                                                
3:08:46 PM                                                                                                                    
                                                                                                                                
AMY EAKIN,  DIRECTOR OF TECHNOLOGY, NORTHWEST  ARTIC BOROUGH                                                                    
SCHOOL DISTRICT  (via teleconference), testified  in support                                                                    
of  the bill.  She related  that access  to broadband  was a                                                                    
fundamental  necessity for  education, especially  in remote                                                                    
regions and played  a critical role. The  current 25MBps was                                                                    
insufficient with the  increased online curriculum, testing,                                                                    
and   business   operation   needs,  which   had   escalated                                                                    
dramatically.  Currently, the  internet was  "frustratingly"                                                                    
slow and inhibited  use for all district users.  She cited a                                                                    
Five Year Internet Action Plan  published in September 2023,                                                                    
that reported Broadband Now's  annual ranking; Alaska ranked                                                                    
fifty-first  for   Alaska  internet  coverage,   speed,  and                                                                    
availability. She  asked the committee to  image living with                                                                    
25MBps  at home  and  the difficulty  it  would impose.  She                                                                    
relayed  the  size of  the  district's  schools all  sharing                                                                    
25MBps. The district had to  establish extensive measures to                                                                    
operate at  the limited capacity like  website blocking, per                                                                    
device access throttling,  restricting personal devices, and                                                                    
scheduling  software  updates  after 3:30pm  all  to  ensure                                                                    
uninterrupted  access to  essential resources  during school                                                                    
hours.  She  indicated  that  testing   was  limited  to  20                                                                    
students  at   a  time  with  staggered   start  times.  She                                                                    
continued to  describe the  negative impacts  during testing                                                                    
and school hours  with 25MBps. She shared  that the district                                                                    
hub, Kotzebue, lost its fiberoptic cable temporarily. She                                                                       
turned to Starlink as a  temporary measure. The district had                                                                    
13  schools which  spans a  geographic area  similar to  the                                                                    
state  of  Indiana. She  mentioned  the  harsh climate  that                                                                    
impacted  structures and  travel. The  technology department                                                                    
consisted  of  5  individuals  and  heavily  relied  on  the                                                                    
district internet service provider,  who was under contract,                                                                    
to  keep  things  operational;   Starlink  did  not  provide                                                                    
support services and dish placement  on roofs was unsafe due                                                                    
to  roof access  during  the winter.  She described  another                                                                    
district   school's  issues   and   inefficiencies  due   to                                                                    
insufficient   broadband   access   who   supplemented   its                                                                    
broadband  and lost  its BAG  money. She  continued that  if                                                                    
district schools  supplemented with Starlink  it jeopardized                                                                    
future grant funding but without  it learning and operations                                                                    
were a "constant  struggle" on a daily  basis. She mentioned                                                                    
more issues with mounting the  disc and voiced that Starlink                                                                    
was  not a  long-term viable  option for  the district.  She                                                                    
reiterated the negative impacts  of 25MBps on operations and                                                                    
student learning and stressed  that the children deserved an                                                                    
equitable  education.  She urged  for  support  to meet  the                                                                    
bill's deadlines.                                                                                                               
                                                                                                                                
3:16:52 PM                                                                                                                    
                                                                                                                                
Representative  Stapp thanked  Ms. Eakin  for her  testimony                                                                    
especially  related  to using  Starlink.  He  asked who  the                                                                    
internet service  provider for  the district was.  Ms. Eakin                                                                    
responded that it was GCI.                                                                                                      
                                                                                                                                
3:17:53 PM                                                                                                                    
                                                                                                                                
JENNIFER  ELLER,  DIRECTOR  OF  EDUCATIONAL  TECHNOLOGY  AND                                                                    
INFRASTRUCTURE,  BERING  STRAIT SCHOOL  DISTRICT,  UNALKLEET                                                                    
(via teleconference), supported  the legislation. She shared                                                                    
her credentials  and that  she worked  for the  district for                                                                    
4.5  years.  She  related  that  the  BAG  program  made  it                                                                    
possible  for districts  to increase  internet speeds  while                                                                    
reducing  the  financial  burden  on  districts.  Increasing                                                                    
internet capacity would not  be financially possible without                                                                    
the BAG program. The cost  of internet access was not always                                                                    
accounted  for  in  the  BSA   leaving  small  rural  school                                                                    
districts  relying   on  the  BAG   program  to   cover  the                                                                    
substantial  portion of  internet  costs.  She related  that                                                                    
Internet access  was a necessity,  and it was  imperative in                                                                    
order to provide a  modern equitable educational experience.                                                                    
The  cost  of internet  should  not  be  the driver  of  the                                                                    
inequity.  She communicated  that according  to the  state's                                                                    
digital  equity  plan,  80 percent  of  Alaskans  could  not                                                                    
obtain  internet  access  at  an  affordable  price  and  20                                                                    
percent  lacked access  to a  high-speed plan.  Schools were                                                                    
community anchors, and  for many students it  was their only                                                                    
access to high-speed internet. She  emphasized that if rural                                                                    
schools wanted  to stay in  the roll of community  anchor by                                                                    
playing  a  key  role  in  decreasing  digital  equality  by                                                                    
providing increased  bandwidth it  would be  through passage                                                                    
of HB  193. She  also spoke of  staggering testing  time and                                                                    
the disruptions it brings to  schools. She urged for passage                                                                    
of the bill.                                                                                                                    
                                                                                                                                
3:21:50 PM                                                                                                                    
                                                                                                                                
Representative   Stapp  asked   who  the   internet  service                                                                    
provider was for  the district. Ms. Eller  responded that it                                                                    
was GCI.                                                                                                                        
Co-Chair Foster CLOSED public testimony.                                                                                        
                                                                                                                                
Co-Chair Foster requested a fiscal note review.                                                                                 
                                                                                                                                
3:23:43 PM                                                                                                                    
                                                                                                                                
KAREN MORRISON,  DIRECTOR OF  FINANCE AND  SUPPORT SERVICES,                                                                    
DEPARTMENT OF EDUCATION AND EARLY  DEVELOPMENT, spoke to the                                                                    
published  fiscal impact  fiscal  note (FN1  (EED) from  the                                                                    
Department  of   Education  and  Early   Development  (DEED)                                                                    
allocated to  Broadband assistance Grants dated  January 24,                                                                    
2024.  She  explained that  the  bill  amended AS  14.03.127                                                                    
funding  for internet  services that  provided authority  to                                                                    
the  department to  provide state  funded  grants to  Alaska                                                                    
school districts with funding  for the purpose of increasing                                                                    
download speed  for internet  services for  eligible schools                                                                    
to  reach  up  to  100  megabytes  per  second  (Mbps).  She                                                                    
delineated  that in  FY  2023  the legislature  appropriated                                                                    
$6.6  million for  Alaska BAG.  The  program provided  grant                                                                    
funding to  151 eligible  Alaska schools to  reach up  to 25                                                                    
Mbps. In FY 2024,  the legislature appropriated $6.7 million                                                                    
for BAG  to 136 eligible  Alaska schools  to reach up  to 25                                                                    
Mbps  download speeds.  She  furthered  that the  department                                                                    
posted  a  request  for information  (RFI)  on  the  state's                                                                    
online  public  notices   website  titled  "School  Internet                                                                    
Service  Increased Costs  Estimate."  The department  sought                                                                    
input from  Alaska's internet  service industry  to estimate                                                                    
the total  projected funding needs  for schools  to increase                                                                    
their  internet  speeds  from  the  maximum  allowable  from                                                                    
25MBps   to  100MBps.   Although  the   department  received                                                                    
responses   that   provided  general   descriptive   pricing                                                                    
changes,  the information  was limited  due to  confidential                                                                    
proprietary  processes.  It  was   unknown  how  many  newly                                                                    
eligible  schools  would  apply   if  the  funding  cap  was                                                                    
increased  to   100MBps.  The  fiscal  note   reflected  its                                                                    
understanding  of  the  potential  impact to  DEED  for  the                                                                    
program  if  more newly  eligible  schools  applied for  the                                                                    
program. In  FY 2025, DEED  estimated that $39.4  million in                                                                    
grant funding would  be needed for all  eligible BAG schools                                                                    
to  reach  up to  100Mbps  download  speeds. A  1.5  percent                                                                    
indirect rate  adjustment for administration of  the program                                                                    
was included.                                                                                                                   
                                                                                                                                
3:27:22 PM                                                                                                                    
Representative  Stapp asked  how many  vendors responded  to                                                                    
the RFI.                                                                                                                        
                                                                                                                                
3:27:47 PM                                                                                                                    
                                                                                                                                
LAUREL  SHOOP, SPECIAL  ASSISTANT  AND LEGISLATIVE  LIAISON,                                                                    
DEPARTMENT  OF  EDUCATION  AND EARLY  DEVELOPMENT,  answered                                                                    
that subsequent  to the public  listing, DEED  received five                                                                    
responses from vendors, which  many were narrative responses                                                                    
that lacked concrete projections.                                                                                               
                                                                                                                                
3:28:25 PM                                                                                                                    
                                                                                                                                
Representative Galvin asked more  about the RFI process. She                                                                    
wondered  whether   the  department  considered   that  some                                                                    
vendors  had served  areas  of Alaska  and  not others.  She                                                                    
asked  if   DEED  considered  bifurcation.  She   wanted  to                                                                    
understand  how  the  costs  were  anticipated  and  if  the                                                                    
assumption  was  the  department would  work  with  multiple                                                                    
vendors.  Ms. Shoop  responded that  there was  a publically                                                                    
available list  of vendors with e-rate  data. She delineated                                                                    
that the  department arrived  at the  fiscal note  number by                                                                    
using a linear projection.                                                                                                      
                                                                                                                                
Representative   Stapp   deduced   that   internet   service                                                                    
providers (ISPs)  did  not disclose  private projections. He                                                                    
asked   what  happened   if  the   price   was  double   the                                                                    
projections. He wondered if there  would be a request in the                                                                    
supplemental  budget. Ms.  Shoop responded  that the  awards                                                                    
would be prorated  if the funding was  not sufficient, which                                                                    
was  a DEED  regulation. Representative  Stapp asked  if the                                                                    
funding  was  pro-rated  to the  districts,  what  were  the                                                                    
results.  He inquired  whether the  districts would  receive                                                                    
lower MBps. Ms. Shoop  relayed that the funding distribution                                                                    
would be  proportionate to  all of the  awards and  would be                                                                    
based  on a  proration that  was evenly  distributed to  all                                                                    
districts. Representative Stapp wondered  if DEED would know                                                                    
the rates  ahead of  time, based on  the contracts  with the                                                                    
ISP  provider. Ms.  Shoop responded  that it  was known  how                                                                    
much funding  was appropriated by  the legislature  but DEED                                                                    
would  not   necessarily  know  the  funding   cost  of  the                                                                    
applications. She  furthered that the majority  of districts                                                                    
were on  contracts and were  aware of their  costs. However,                                                                    
the department did not know what schools would apply.                                                                           
                                                                                                                                
3:33:05 PM                                                                                                                    
                                                                                                                                
Representative Stapp  understood that ultimately,  the money                                                                    
would be  distributed to internet  providers. He  asked what                                                                    
the  price  transparency  for  the   ISPs  was  or  if  that                                                                    
prevented  them from  charging  any  exorbitant amount.  Ms.                                                                    
Shoop  replied that  the  e-rate program  had  an open  data                                                                    
source where all of the  pricing was posted and was publicly                                                                    
available.                                                                                                                      
                                                                                                                                
Co-Chair Edgmon understood that  the application process was                                                                    
extensive  and the  criteria through  the federal  Universal                                                                    
Services program  was rigid.  He shared  that the  number of                                                                    
applicants decreased in  the prior year to  roughly 130 from                                                                    
151  the year  before.  He  viewed the  program  as a  vital                                                                    
bridge towards  the future as other  high speed capabilities                                                                    
were  established.  He  guessed  that there  could  be  less                                                                    
applicants  in  the  following years  due  to  some  schools                                                                    
finding other means of high speed internet.                                                                                     
                                                                                                                                
3:35:56 PM                                                                                                                    
                                                                                                                                
CHRISTINE  O'CONNOR,  EXECUTIVE   DIRECTOR,  ALASKA  TELECOM                                                                    
ASSOCIATION,  WASILLA  (via teleconference),  remarked  that                                                                    
more fiber networks  were deploying across the  state due to                                                                    
infrastructure  funding. The  rates were  decreasing due  to                                                                    
the deployment and  much more capacity was  available at the                                                                    
same rates.  The cost  would not be  simple and  linear. She                                                                    
indicated that  more rate compression would  happen with the                                                                    
new  networks. Another  factor  was  the e-rate  competitive                                                                    
bidding process, which was  rigorous and transparent through                                                                    
district  RFPs. She  noted that  more ISPs  were responding,                                                                    
which  increased  competition  and decreased  prices.  There                                                                    
were strict regulations for the  competitive process, so the                                                                    
rates were unknown until the  RFP process played out. The e-                                                                    
rates had decreased in every year of the program.                                                                               
                                                                                                                                
Representative Stapp asked how many  people bid on the prior                                                                    
RFP. Ms. O'Connor replied that  she did not know the answer.                                                                    
She added that every school  district issued its own RFP and                                                                    
there  were dozens  of RFPs.  The Universal  Service program                                                                    
required that  every telecom  provider participating  in the                                                                    
program had  to respond.  She reminded  Representative Stapp                                                                    
that the  data was  available and  easily accessible  on the                                                                    
public website.                                                                                                                 
                                                                                                                                
3:39:24 PM                                                                                                                    
Co-Chair Foster wondered whether  he should set an amendment                                                                    
deadline or  if the will  of the  committee was to  move the                                                                    
bill.                                                                                                                           
                                                                                                                                
3:39:43 PM                                                                                                                    
                                                                                                                                
Representative  Ortiz   thought  the  bill's   deadline  was                                                                    
approaching  and  he  sensed   that  there  was  broad-based                                                                    
support in the committee. He favored moving the bill.                                                                           
                                                                                                                                
3:40:42 PM                                                                                                                    
                                                                                                                                
Representative Coulombe  stated that she was  considering an                                                                    
amendment.                                                                                                                      
                                                                                                                                
Co-Chair Foster  set the deadline for  Tuesday, February 13,                                                                    
2024, at noon.                                                                                                                  
                                                                                                                                
3:41:10 PM                                                                                                                    
                                                                                                                                
HB 198 was HEARD and HELD for further consideration.                                                                            
                                                                                                                                
Co-Chair  Foster  reviewed  the  agenda  for  the  following                                                                    
committee meeting.                                                                                                              
                                                                                                                                

Document Name Date/Time Subjects
HB 89 Amendments 1-2.pdf HFIN 2/8/2024 1:30:00 PM
HB 89
HB 89 Galvin Amendment 2 Explanation.pdf HFIN 2/8/2024 1:30:00 PM
HB 89
HB 193 Public Testimony Rec'd by 020824.pdf HFIN 2/8/2024 1:30:00 PM
HB 193
HB 178 DEC Letter re Best Practices VSW 012524.pdf HFIN 2/8/2024 1:30:00 PM
HB 178