Legislature(2021 - 2022)BARNES 124

03/16/2022 03:15 PM House LABOR & COMMERCE

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

Audio Topic
03:18:51 PM Start
03:18:58 PM HB363
04:05:09 PM Presentation: Child Care Trust Fund
04:59:09 PM SB143
05:12:37 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 363 BROADBAND: OFFICE, GRANTS, PARITY TELECONFERENCED
Moved CSHB 363(L&C) Out of Committee
-- Testimony <Invitation Only> --
+ Presentation: Child Care Trust Fund TELECONFERENCED
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 143 COMMON INTEREST COMMUNITIES; LIENS TELECONFERENCED
Heard & Held
            HB 363-BROADBAND: OFFICE, GRANTS, PARITY                                                                        
                                                                                                                                
3:18:58 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS announced that the  first order of business would                                                               
be  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."                                                                                               
                                                                                                                                
CO-CHAIR  FIELDS  said the  committee  would  begin with  invited                                                               
testimony.                                                                                                                      
                                                                                                                                
3:19:43 PM                                                                                                                    
                                                                                                                                
DIANE  KAPLAN,   President/CEO,  Rasmuson   Foundation,  provided                                                               
invited testimony on HB 363.   She said broadband impacts many of                                                               
the  areas  important to  the  Rasmuson  Foundation's mission  of                                                               
promoting a better life for  Alaskans.  The foundation wants this                                                               
effort  to  succeed,  she  stated,   and  is  prepared  to  offer                                                               
resources as a  convener and a grant-maker to  ensure it happens.                                                               
Over  the next  five years  Rasmuson Foundation  will have  about                                                               
$100   million  of   unrestricted  revenue   to  invest   in  new                                                               
opportunities in  Alaska.   The board  has selected  broadband as                                                               
its first new  area of investment because  the foundation's goals                                                               
around  education and  workforce development,  along with  people                                                               
being able  to participate in  the global world and  as citizens,                                                               
relies on broadband that is both accessible and affordable.                                                                     
                                                                                                                                
3:21:23 PM                                                                                                                    
                                                                                                                                
The  committee  took  a  brief  at-ease due  to  a  sound  system                                                               
technical difficulty.                                                                                                           
                                                                                                                                
3:21:33 PM                                                                                                                    
                                                                                                                                
MS. KAPLAN  continued her  testimony.   She said  bringing people                                                               
together to  discuss solutions has  always been the core  part of                                                               
the  Rasmuson  Foundation's  grantmaking   philosophy.    As  the                                                               
foundation  researched how  it could  assist  with broadband,  it                                                               
convened numerous  stakeholder groups, including  tribal leaders,                                                               
nonprofits,  members  of the  telecom  industry,  members of  the                                                               
legislature, the  administration, and  prominent citizens.   Some                                                               
of these  meetings have  evolved into  advisory groups  to assist                                                               
with information and coordination.                                                                                              
                                                                                                                                
MS. KAPLAN  advised that the  Rasmuson Foundation is  prepared to                                                               
assist this  effort financially,  with two immediate  areas being                                                               
the  setup  of  the  state's broadband  office  and  coordination                                                               
between the state and tribes.   A concern has been heard that the                                                               
National   Telecommunications   and  Information   Administration                                                               
(NTIA) money  designated for the  setup of broadband  offices may                                                               
be delayed.  If this is the  case and given its crucial role, the                                                               
foundation  is  prepared  to  offer resources  to  the  state  or                                                               
directly  to start  building the  state's [Office  of Broadband].                                                               
Additionally,   it  has   been  repeatedly   heard  that   strong                                                               
coordination between  tribal broadband  efforts and the  state is                                                               
desperately  needed for  Alaska to  take full  advantage of  this                                                               
opportunity.  To that end,  the foundation could support the cost                                                               
of  a  coordinator  position to  assist  with  communication  and                                                               
coordination  between the  tribes  that are  eligible to  receive                                                               
broadband funds and the State of Alaska.                                                                                        
                                                                                                                                
3:23:07 PM                                                                                                                    
                                                                                                                                
MS. KAPLAN specified  that the Rasmuson Foundation  can engage in                                                               
grantmaking  with particular  emphasis on  workforce development,                                                               
technology  training for  organizations and  residents, and  even                                                               
support  specific projects.   It  will be  important that  Alaska                                                               
build  a  workforce  that  can  install,  maintain,  and  service                                                               
broadband  infrastructure,  as  well   as  provide  training  and                                                               
resources that  will allow Alaskans, particularly  those in rural                                                               
Alaska, to  access jobs that  can be  done remotely.   Ms. Kaplan                                                               
further  specified that  the foundation  is building  up its  own                                                               
resources  in   preparation  for   assisting  applicants.     The                                                               
foundation   has  identified   organizations  that   can  provide                                                               
technical  assistance  like  engineering and  regulatory  support                                                               
along   with  grant   writers   to   assist  with   applications,                                                               
particularly  for tribal  partners.   Given  this  is all  coming                                                               
together very  quickly, perhaps greater  needs will  emerge, such                                                               
as assistance with required mapping.                                                                                            
                                                                                                                                
MS. KAPLAN  concluded by stressing  that the  Rasmuson Foundation                                                               
is  invested  in  seeing   affordable  and  high-speed  broadband                                                               
deployment succeed in  Alaska and is  open to  discussions on how                                                               
that happens.   She  noted that Anand  Vadapalli is  the Rasmuson                                                               
Foundation's  chief  consultant  for  helping  to  determine  the                                                               
foundation's  proper  role.    For  this  effort  the  board  has                                                               
allocated $3 million  of startup funds to be deployed  in the way                                                               
most useful to the state.                                                                                                       
                                                                                                                                
3:24:52 PM                                                                                                                    
                                                                                                                                
ANAND  VADAPALLI,   Consultant,  Rasmuson   Foundation,  provided                                                               
invited testimony  during the hearing on  HB 363.  He  noted that                                                               
the  funding  decisions  under   these  various  federal  funding                                                               
programs   will  extend   into   2023  and   deployment  of   the                                                               
infrastructure  thereof will  extend forward  for 40  years.   He                                                               
urged that  first and foremost the  State of Alaska take  a long-                                                               
term  perspective in  setting  forth  the structure,  governance,                                                               
charter, and  organization of the  Office of Broadband  to ensure                                                               
policy and operational  continuity that will span  changes in the                                                               
legislature  and  the  administration  over  the  life  of  these                                                               
programs.   Strong and shared  leadership between  the governor's                                                               
office  and  the  legislature,  he said,  is  critical  for  good                                                               
governance and long-term  success.  Second, he  continued, as the                                                               
eligible entity under the Broadband  Equity Access Deployment Act                                                               
(BEAD  Act)   program,  the  State  of   Alaska  has  significant                                                               
responsibilities,    including    coordination,    communication,                                                               
planning,  governance,  and  oversight.   To  adequately  address                                                               
these needs,  he advised, the  legislature must  provide adequate                                                               
resources  and  operating  budget   for  this  broadband  office,                                                               
funding  digital   capacity  and  equity  planning   as  well  as                                                               
grantmaking  and  management   capabilities.    A  well-resourced                                                               
broadband  office  is  critical  in allowing  Alaska  to  compete                                                               
effectively  for  the  funding   available  and  subsequently  to                                                               
provide  appropriate governance  and  oversight  for the  funding                                                               
received.   Mr. Vadapalli said the  foundation's written comments                                                               
provide more  detail, including best practices  from other states                                                               
for the committee's reference.                                                                                                  
                                                                                                                                
3:26:52 PM                                                                                                                    
                                                                                                                                
MIKE NAVARRE,  Member, Board  of Directors,  Rasmuson Foundation,                                                               
provided  invited testimony  during the  hearing on  HB 363.   He                                                               
stated  that  the  Rasmuson  Foundation  has  been  tracking  the                                                               
broadband topic  and multiple  funding opportunities  for several                                                               
years.   The  foundation  recognized  that it  did  not have  the                                                               
resources to build  out the infrastructure, he  continued, but if                                                               
the  opportunity   presented  itself  the  foundation   would  be                                                               
interested in  helping to coordinate  and bring  people together,                                                               
convene  them,  and  offer monetary  resources  to  help  achieve                                                               
success.  He said the Rasmuson  Foundation is here to help in any                                                               
way it  can to  ensure the  rollout of  this once-in-a-generation                                                               
opportunity to provide all  Alaskans with critical infrastructure                                                               
necessary  to  fully  participate  in the  digital  world.    The                                                               
Rasmuson board  has met  to specifically  discuss this  topic and                                                               
wants to assure success in Alaska, he added.                                                                                    
                                                                                                                                
3:28:29 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ moved to adopt  Amendment 1 to HB 363, labeled                                                               
32-LS1527\I.6, Klein, 3/14/22, which read:                                                                                      
                                                                                                                                
     Page 1, line 12, following "federal":                                                                                      
     Insert ", tribal,"                                                                                                         
                                                                                                                                
CO-CHAIR FIELDS objected for discussion purposes.                                                                               
                                                                                                                                
CO-CHAIR SPOHNHOLZ  stated that  the amendments  being considered                                                               
by  the committee  today are  in response  to last  week's public                                                               
testimony urging  the addition of  tribal members  to government;                                                               
that  in  the  government-to-government relationship  tribes  are                                                               
government as  well.  Adding  tribes to this legislation  is what                                                               
Amendment 1 seeks to do, she explained.                                                                                         
                                                                                                                                
REPRESENTATIVE  BRYCE EDGMON,  Alaska State  Legislature, as  the                                                               
prime  sponsor of  HB 363,  spoke to  proposed amendments  to the                                                               
bill.  He stated he is in total support of Amendment 1.                                                                         
                                                                                                                                
CO-CHAIR FIELDS  removed his objection.   There being  no further                                                               
objection, Amendment 1 was adopted.                                                                                             
                                                                                                                                
3:29:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SNYDER moved  to  adopt Amendment  2  to HB  363,                                                               
labeled 32-LS1527\I.7, Klein, 3/14/22, which read:                                                                              
                                                                                                                                
     Page 4, line 18, following "governor":                                                                                     
     Insert "to three-year terms"                                                                                               
                                                                                                                                
CO-CHAIR FIELDS objected for discussion purposes.                                                                               
                                                                                                                                
REPRESENTATIVE SNYDER  explained that  Amendment 2  specifies the                                                               
length of a term on the board.                                                                                                  
                                                                                                                                
REPRESENTATIVE EDGMON stated he has no objection to Amendment 2.                                                                
                                                                                                                                
REPRESENTATIVE NELSON  inquired about the reasoning  behind three                                                               
years for a term.                                                                                                               
                                                                                                                                
REPRESENTATIVE SNYDER replied that  it isn't a specific rationale                                                               
but rather a  typical range found in advisory  boards.  Sometimes                                                               
the range  is two, sometimes  three, other times four,  and three                                                               
seemed like a reasonable selection.                                                                                             
                                                                                                                                
3:30:37 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 3:30 p.m.                                                                                 
                                                                                                                                
3:31:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SNYDER  moved Conceptual Amendment 1  to Amendment                                                               
2.                                                                                                                              
                                                                                                                                
CO-CHAIR FIELDS objected for purposes of discussion.                                                                            
                                                                                                                                
REPRESENTATIVE  SNYDER explained  that  the conceptual  amendment                                                               
would correct  an error by  changing "line '18'" to  "line '19'".                                                               
Therefore, Amendment 1, as amended, would read:                                                                                 
                                                                                                                                
     Page 4, line 19, following "governor":                                                                                     
     Insert "to three-year terms"                                                                                               
                                                                                                                                
3:31:45 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS  removed his objection to  Conceptual Amendment 1                                                               
to Amendment  2.   There being  no further  objection, Conceptual                                                               
Amendment 1 to Amendment 2 was adopted.                                                                                         
                                                                                                                                
3:32:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCARTY noted  the Office  of Broadband  would go                                                               
about  eight years,  until  the  year 2030,  which  would be  two                                                               
three-year  cycles and  a  final two-year  cycle.   He  suggested                                                               
making it  [two four-year  cycles] or  [one eight-year  cycle] so                                                               
the term would expire when the office expires.                                                                                  
                                                                                                                                
REPRESENTATIVE  SNYDER responded  that  having a  term length  is                                                               
valuable  for a  variety of  reasons for  not wanting  someone to                                                               
serve the entire time, such as  the range of expertise that might                                                               
be needed,  or the  dynamics on  each specific  board.   She said                                                               
this  was  done  in  collaboration  with  the  co-chairs  and  in                                                               
consultation  with the  bill sponsor,  and three  was the  number                                                               
that was landed on.                                                                                                             
                                                                                                                                
REPRESENTATIVE  MCCARTY stated  that historical  knowledge is  of                                                               
value, but  this knowledge would  be lost every three  years when                                                               
all the people come off the board and a fresh board begins.                                                                     
                                                                                                                                
CO-CHAIR  FIELDS  stated that  in  looking  at the  amendment  he                                                               
assumed  the members  did not  have to  be bumped  off the  board                                                               
after their terms ended, they could be reappointed.                                                                             
                                                                                                                                
REPRESENTATIVE  SNYDER  confirmed  that   the  members  could  be                                                               
reappointed.   She  said  there is  no limit  on  the term  being                                                               
renewed because there is no language in that aspect.                                                                            
                                                                                                                                
CO-CHAIR FIELDS  added that  a three-year  term would  come after                                                               
the next governor, allowing that  governor the benefit of gaining                                                               
familiarity with  the board and  the ability to make  an informed                                                               
decision about whom he or she wants on that board.                                                                              
                                                                                                                                
3:34:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SCHRAGE surmised  there could  be an  opportunity                                                               
for this  advisory board  to be extended  beyond the  2030 sunset                                                               
date  if there  were to  be continued  federal investment  or the                                                               
state decided to continue investing in this area.                                                                               
                                                                                                                                
REPRESENTATIVE EDGMON  answered "exactly."   Looking  forward, he                                                               
said, is  always of arbitrary nature  and a 10-year term  for the                                                               
[Statewide Broadband  Advisory Board] was picked  because clearly                                                               
it would  have a lifespan of  five or ten years  depending on how                                                               
long this work takes place.   Regarding a term of three years for                                                               
board  members,  he  pointed  out  that the  term  for  Board  of                                                               
Fisheries members is three years,  after which many board members                                                               
are  reappointed because  they did  a  great job  and have  broad                                                               
support.   A  three-year term  therefore seemed  in consort  with                                                               
being a good period of time.                                                                                                    
                                                                                                                                
REPRESENTATIVE  SCHRAGE asked  whether  the  governor would  have                                                               
discretion to  end someone's three-year  term early.   He further                                                               
asked  whether  a three-year  term  could  mean the  state  could                                                               
become  stuck with  someone who  doesn't show  up at  meetings or                                                               
some other thing.                                                                                                               
                                                                                                                                
REPRESENTATIVE SNYDER replied that there  is an endless number of                                                               
sideboards and  guidelines on how  a board should  look, operate,                                                               
and  be adjusted  over  time.   In  trying  to  strike a  balance                                                               
between giving  some direction  while allowing  some flexibility,                                                               
this falls within  a moderate ground and is  in consultation with                                                               
the sponsor.                                                                                                                    
                                                                                                                                
REPRESENTATIVE EDGMON  responded that generally  appointees serve                                                               
at the pleasure of the governor.                                                                                                
                                                                                                                                
3:36:52 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS  removed his objection.   There being  no further                                                               
objection, Amendment 2, as amended, was adopted.                                                                                
                                                                                                                                
3:37:02 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ moved to adopt  Amendment 3 to HB 363, labeled                                                               
32-LS1527\I.8, Klein, 3/14/22, which read:                                                                                      
                                                                                                                                
     Page 4, line 18:                                                                                                           
          Delete "and"                                                                                                          
          Insert "(3) two members from the legislature,                                                                         
     serving as  ex officio  nonvoting members, one  of whom                                                                    
     shall be appointed  by the president of  the senate and                                                                    
     one  by the  speaker of  the house  of representatives;                                                                    
     and"                                                                                                                       
                                                                                                                                
     Renumber the following paragraph accordingly.                                                                              
                                                                                                                                
     Page 4, line 30:                                                                                                           
          Delete "(c)"                                                                                                          
     Insert "(c)(1), (2), or (4)"                                                                                               
                                                                                                                                
3:37:04 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS objected for discussion purposes.                                                                               
                                                                                                                                
3:37:05 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ  explained Amendment  3 would add  two members                                                               
of  the legislature  as  ex officio,  nonvoting,  members of  the                                                               
board.   One would be appointed  by the Senate President  and the                                                               
other by the  Speaker of the House of Representatives.   She said                                                               
good, close communication between  this group and the legislature                                                               
is wanted  in the event  the legislature  needs to come  back and                                                               
make changes  to the  Office of  Broadband or  appropriations are                                                               
needed  to match.   The  legislature would  be well  informed and                                                               
engaged in  the process but  would not  have the ability  to vote                                                               
and change the direction.                                                                                                       
                                                                                                                                
REPRESENTATIVE  EDGMON responded  that  he  supports Amendment  3                                                               
because it  is a standard practice  and a good check  and balance                                                               
to have  a member  from each chamber  attending the  meetings and                                                               
reporting back and  being a conduit between  the legislature, the                                                               
board, and the Office of Broadband.                                                                                             
                                                                                                                                
3:38:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SCHRAGE conveyed  that he  supports Amendment  3.                                                               
He  asked whether  a term  should be  included in  this amendment                                                               
like in Amendment 2.                                                                                                            
                                                                                                                                
CO-CHAIR   SPOHNHOLZ  answered   that  this   would  be   sitting                                                               
legislators, not  legislators that  were termed off  because they                                                               
weren't  reelected.    The incoming  Senate  President  or  House                                                               
Speaker would  then fill the  spot of  a legislator that  was not                                                               
reelected.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  EDGMON  responded  that  as  a  former  presiding                                                               
officer,  his assumption  is that  Amendment  2 is  for the  nine                                                               
members  appointed by  the governor.   Under  [Amendment 3],  the                                                               
presiding officer  at the start  of each new  legislative session                                                               
would  appoint  two  members.    For  example,  the  thirty-third                                                               
legislature would appoint two members  and then the thirty-fourth                                                               
legislature  would appoint  two members,  and, theoretically,  it                                                               
could be the same legislators.                                                                                                  
                                                                                                                                
REPRESENTATIVE KAUFMAN  added that if  a legislator is  no longer                                                               
in office he or she can't be there, so it will solve itself.                                                                    
                                                                                                                                
3:39:49 PM.                                                                                                                   
                                                                                                                                
CO-CHAIR FIELDS  removed his objection.   There being  no further                                                               
objection, Amendment 3 was adopted.                                                                                             
                                                                                                                                
3:39:58 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ moved to adopt  Amendment 4 to HB 363, labeled                                                               
32-LS1527\I.10, Klein, 3/15/22, which read:                                                                                     
                                                                                                                                
     Page 2, line 31:                                                                                                           
          Delete "(1)"                                                                                                          
                                                                                                                                
     Page 3, line 4:                                                                                                            
          Delete ";"                                                                                                            
          Insert "."                                                                                                            
                                                                                                                                
     Page 3, lines 5 - 11:                                                                                                      
          Delete all material.                                                                                                  
                                                                                                                                
     Page 4, line 19, following "members":                                                                                      
          Insert ", at least two of whom live in an                                                                             
     unserved or underserved area,"                                                                                             
                                                                                                                                
     Page 5, following line 1:                                                                                                  
     Insert a new section to read:                                                                                              
          "Sec. 44.33.930. Definitions. In AS 44.33.910 -                                                                       
     44.33.930,                                                                                                                 
               (1)  "unserved area" means an area that does                                                                     
     not have broadband  speeds of at least  25 Megabits per                                                                    
     second downstream  and at least  3 Megabits  per second                                                                    
     upstream  with a  latency sufficient  to support  real-                                                                    
     time interactive applications; and                                                                                         
               (2)  "underserved area" means an area that                                                                       
     does  not  have  broadband  speeds   of  at  least  100                                                                    
     Megabits  per   second  downstream  and  at   least  20                                                                    
     Megabits per second upstream  with a latency sufficient                                                                    
     to support real-time interactive applications."                                                                            
                                                                                                                                
     Page 5, line 2:                                                                                                            
          Delete "and 44.33.920"                                                                                                
     Insert "44.33.920, and 44.33.930"                                                                                          
                                                                                                                                
3:40:00 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS objected for discussion purposes.                                                                               
                                                                                                                                
3:40:01 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SPOHNHOLZ explained  that  Amendment 4  was crafted  in                                                               
partnership  with  the sponsor  and  in  response to  the  public                                                               
testimony  urging that  members of  the unserved  and underserved                                                               
communities  be represented.    It was  heard  in testimony  that                                                               
plenty of the people in  unserved and underserved communities are                                                               
experts in these subject matters.   It is important to have those                                                               
voices  sitting  at  the  table   when  those  conversations  are                                                               
happening.   Definitions  [of  "unserved  area" and  "underserved                                                               
area"] are included in Amendment  3 and are the definitions found                                                               
in the federal legislation.                                                                                                     
                                                                                                                                
REPRESENTATIVE  EDGMON said  he supports  Amendment 4  because it                                                               
strengthens the  bill by stating  what is  intended and it  is in                                                               
full alignment  with the  federal [Infrastructure  Investment and                                                               
Jobs  Act] (IIJA)  and recommendations  from the  Governor's Task                                                               
Force on Broadband.                                                                                                             
                                                                                                                                
3:41:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCARTY  asked about the provision  in Amendment 4                                                               
on page 1, lines 1-2, that would  in the bill on page 2, line 31,                                                               
delete "(1)".                                                                                                                   
                                                                                                                                
3:41:51 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:41 p.m. to 3:42 p.m.                                                                       
                                                                                                                                
3:42:50 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS responded that no  content is being deleted, only                                                               
the numbers one, two, and three are being deleted.                                                                              
                                                                                                                                
CO-CHAIR SPOHNHOLZ stated  that Amendment 4 adds  the two members                                                               
who  live  in  unserved  or   underserved  areas  and  moves  the                                                               
definitions  of unserved  and underserved  to  a section  further                                                               
down in  the bill, thereby  removing the requirement  for numbers                                                               
one, two, and three on page 2  of the bill, beginning on line 31.                                                               
So, they  are conforming changes reflected  in the reorganization                                                               
posed by Amendment 4.                                                                                                           
                                                                                                                                
3:43:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCARTY inquired about  whether this whole section                                                               
defines  "anchor   institution"  and  what  it   means  regarding                                                               
bandwidth and  unserved and underserved,  and therefore  it would                                                               
be deleting the definitions thereof and it is somewhere else.                                                                   
                                                                                                                                
CO-CHAIR FIELDS  answered that  it only  deletes the  number one,                                                               
not any  of the text  on anchor  institutions.  The  language [in                                                               
the bill  on page  3, lines 5-11,]  defining "unserved  area" and                                                               
"underserved  area"  is being  deleted  and  these terms  defined                                                               
elsewhere.   Therefore, "anchor  institution" is  on its  own and                                                               
doesn't need a number in  front of it; it's purely organizational                                                               
and the substance of "anchor institution" isn't being changed.                                                                  
                                                                                                                                
3:45:00 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS  removed his objection.   There being  no further                                                               
objection, Amendment 4 was adopted.                                                                                             
                                                                                                                                
3:45:09 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ moved to adopt  Amendment 5 to HB 363, labeled                                                               
32-LS1527\I.13, Klein, 3/15/22, which read:                                                                                     
                                                                                                                                
     Page 4, following line 28:                                                                                                 
     Insert a new subsection to read:                                                                                           
          "(d)  The advisory board shall establish a                                                                            
     broadband technical working group to provide technical                                                                     
      recommendations to the advisory board. The advisory                                                                       
     board  shall  appoint   individuals  to  the  technical                                                                    
     working group  who collectively  have expertise  in the                                                                    
     different technologies  that provide  broadband service                                                                    
     in the state. The  broadband industry representative on                                                                    
     the advisory  board shall also  serve on  the broadband                                                                    
     technical working group."                                                                                                  
                                                                                                                                
     Reletter the following subsections accordingly.                                                                            
                                                                                                                                
3:45:11 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS objected for discussion purposes.                                                                               
                                                                                                                                
3:45:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAUFMAN  moved to adopt Conceptual  Amendment 1 to                                                               
Amendment 5.                                                                                                                    
                                                                                                                                
3:45:17 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS objected for discussion purposes.                                                                               
                                                                                                                                
3:45:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAUFMAN  explained  that Conceptual  Amendment  1                                                               
would, on  line 6 of  Amendment 5, following the  word "service",                                                               
add the  words "and manage and  deliver projects".  The  idea, he                                                               
said, is to ensure that  there are technical-aware people as well                                                               
as  project-aware  people  because good  project  management  and                                                               
project management awareness are wanted.                                                                                        
                                                                                                                                
CO-CHAIR SPOHNHOLZ  related that  she and  Representative Kaufman                                                               
had  two   separate  amendments,  both  of   which  achieved  the                                                               
underlying  objective   of  Amendment  5.     She  said  adopting                                                               
Conceptual Amendment 1  to Amendment 5 would  consolidate the two                                                               
amendments into one.                                                                                                            
                                                                                                                                
REPRESENTATIVE  EDGMON  stated that  since  it  appears to  be  a                                                               
friendly amendment he has no objection.                                                                                         
                                                                                                                                
3:46:49 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS  withdrew his  objection.   Therefore, Conceptual                                                               
Amendment 1 to Amendment 5 was adopted.                                                                                         
                                                                                                                                
3:47:04 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SPOHNHOLZ  explained  that  Amendment  5,  as  amended,                                                               
establishes a  technical working  group which would,  in essence,                                                               
be a subcommittee  of the [advisory] board.  The  idea, she said,                                                               
was to mirror in the board what  was in the task force, which was                                                               
a technical subcommittee that included  subject matter experts in                                                               
broadband and  internet access  in rural Alaska  and now  also in                                                               
project  management  associated  with these  broadband  projects.                                                               
This ensures  that the  board itself  stays broad,  is technology                                                               
neutral, and capitalizes  on all the expertise that  is out there                                                               
and that  this technical  working group will  be able  to provide                                                               
information  to   the  full  board.     The   broadband  industry                                                               
representative on the advisory board  will serve on the broadband                                                               
technical  working group  and  ideally that  person  will be  the                                                               
representative to the board as  a whole and represent the working                                                               
group to the broader advisory board.                                                                                            
                                                                                                                                
REPRESENTATIVE  EDGMON  spoke  in  support  of  Amendment  5,  as                                                               
amended.  He stated that  when putting an advisory board together                                                               
as the bill  proposes to do, one must be  cognizant of not making                                                               
the board too  big yet at the  same time the board  must wrap its                                                               
arms  around  all  the  various  players  as  best  as  possible.                                                               
Industry  is an  integral part  of  all of  this, and  industry's                                                               
expertise is  needed at the  table.  Having a  technical subgroup                                                               
seems to  accomplish the objective  of industry having a  seat at                                                               
the  table and  being an  important part  of the  decision-making                                                               
process but at the same time  not expanding the advisory board to                                                               
a point that  it gets too big  and makes it hard  to chase people                                                               
down to have meetings.                                                                                                          
                                                                                                                                
3:49:15 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS  removed his objection.   There being  no further                                                               
objection, Amendment 5, as amended, was adopted.                                                                                
                                                                                                                                
3:49:25 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ moved to adopt  Amendment 6 to HB 363, labeled                                                               
32-LS1527\I.15, Klein, 3/15/22, which read:                                                                                     
                                                                                                                                
     Page 2, line 25, following "partners":                                                                                     
      Insert "through the University of Alaska, technical,                                                                      
        vocational, or trade schools, and apprenticeship                                                                        
     programs"                                                                                                                  
                                                                                                                                
3:49:28 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS objected for discussion purposes.                                                                               
                                                                                                                                
3:49:29 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ  explained that Amendment  6, on page  2, line                                                               
25 of  the bill,  further defines  the workforce  development in-                                                               
state partners by stating that  these partners should include the                                                               
University of  Alaska, technical,  vocational, or  trade schools,                                                               
and apprenticeship  programs.  This  ensures that  while building                                                               
out this  infrastructure, Alaska's capacity  to be able  to build                                                               
and maintain the  infrastructure is also being built.   This is a                                                               
great way to get Alaskans jobs  and make sure that the investment                                                               
in this effort is maintained and protected.                                                                                     
                                                                                                                                
REPRESENTATIVE EDGMON expressed  his support of Amendment  6.  He                                                               
said  this   also  comports  with  the   broadband  task  force's                                                               
recommendations.                                                                                                                
                                                                                                                                
3:50:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCARTY stated that he  reads the amendment as the                                                               
University of  Alaska being  the overseer of  the workforce.   He                                                               
asked whether  other industry individuals or  organizations could                                                               
partner into this.                                                                                                              
                                                                                                                                
CO-CHAIR  SPOHNHOLZ replied  that the  intention is  not for  the                                                               
University of  Alaska to have  oversight of all these  areas, but                                                               
that the  University of  Alaska is one  of the  stakeholders that                                                               
would be  involved in workforce  development.  She said  it would                                                               
also include  technical, vocational,  or trade schools  and could                                                               
include high school level programs,  programs that are outside of                                                               
public  institutions  in the  state,  as  well as  apprenticeship                                                               
programs.  It  is not to put the University  of Alaska over other                                                               
workforce  development, but  rather to  include it  in a  list of                                                               
program  types that  would  be consulted  in  terms of  workforce                                                               
development.                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCARTY  stated he  is concerned that  the wording                                                               
seems to  imply that the  University of Alaska is  overseeing the                                                               
technical,  vocational,  or  trade  schools,  and  apprenticeship                                                               
programs.                                                                                                                       
                                                                                                                                
CO-CHAIR SPOHNHOLZ  responded, "Absolutely  not, it's  just first                                                               
in the list."                                                                                                                   
                                                                                                                                
3:52:10 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS  removed his objection.   There being  no further                                                               
objection, Amendment 6 was adopted.                                                                                             
                                                                                                                                
3:52:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAUFMAN moved  to adopt  Amendment 7  to HB  363,                                                               
labeled 32-LS1527\I.2, Klein, 3/14/22, which read:                                                                              
                                                                                                                                
     Page 1, following line 12:                                                                                                 
     Insert a new paragraph to read:                                                                                            
               "(2)      develop    short-   and   long-term                                                                    
     strategies  for   deploying  affordable   broadband  to                                                                    
     communities   statewide,  based   on  the   effects  on                                                                    
     consumer  costs,  the   timeline  for  deployment,  the                                                                    
     breadth  of coverage,  sustainability of  the broadband                                                                    
     without  further  subsidy,  broadband  reliability  and                                                                    
     speed,  whether  multiple technologies  are  necessary,                                                                    
     technological  neutrality,  and preventing  duplication                                                                    
     of federal programs;"                                                                                                      
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
     Page 2, line 13, following "infrastructure":                                                                               
     Insert   "that  supports   the  short-   and  long-term                                                                    
     strategies developed under (b)(2) of this section"                                                                         
                                                                                                                                
3:52:20 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS objected for discussion purposes.                                                                               
                                                                                                                                
3:52:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAUFMAN explained Amendment  7 by reading it aloud                                                               
to the committee members.                                                                                                       
                                                                                                                                
REPRESENTATIVE  EDGMON  responded  that  the  amendment  is  well                                                               
intentioned,  and he  thinks  he  knows what  it  is intended  to                                                               
accomplish, but  his first reaction is  that the way the  bill is                                                               
presented  to the  committee, and  as  amended, accomplishes  the                                                               
goals that are  wanted to be accomplished.  He  said the terms in                                                               
Amendment 7, such  as breadth of coverage,  sustainability of the                                                               
broadband without  further subsidy, go  outside the scope  of the                                                               
broadband task force.                                                                                                           
                                                                                                                                
CO-CHAIR FIELDS requested Ms. O'Connor to speak to Amendment 7.                                                                 
                                                                                                                                
3:54:24 PM                                                                                                                    
                                                                                                                                
CHRISTINE  O'CONNOR,  Representative  of  the  Telecommunications                                                               
Industry,   Governor's  Task   Force   on  Broadband,   Executive                                                               
Director,   Alaska  Telecom   Association   (ATA),  stated   that                                                               
Amendment  7 is  quite  detailed and  has  several concepts  that                                                               
aren't defined here  and are not areas where the  task force made                                                               
recommendations.  She said her  concern is it could conflict with                                                               
NTIA's  detailed rules  which will  be  issued in  the Notice  of                                                               
Funding Opportunity which is due  in mid-May.  Her other concern,                                                               
she continued,  is that this  could have  unintended consequences                                                               
on  existing  federal  programs   that  are  supporting  schools,                                                               
telemedicine, and a variety of the telecommunication ecosystem.                                                                 
                                                                                                                                
3:55:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCARTY inquired  about  what is  not being  done                                                               
that the amendment is attempting to address.                                                                                    
                                                                                                                                
REPRESENTATIVE KAUFMAN responded  that it is to  get clarity that                                                               
[the  state]  will  operate on  short-  and  long-term  strategic                                                               
plans, which  will avoid some  of the conflicts or  problems that                                                               
typically  crop up  when doing  potentially  overlapping work  or                                                               
work  in  an  arena  where   there  are  not  only  technological                                                               
selections to make but also the  compatibility of those.  It's to                                                               
make it  more explicit within  the framework of a  short-term and                                                               
long-term strategy.                                                                                                             
                                                                                                                                
3:56:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCARTY  asked what  Ms.  O'Connor  sees that  is                                                               
different in  the language  of the amendment  from the  intent of                                                               
the task force.                                                                                                                 
                                                                                                                                
MS.  O'CONNOR answered  that she  sees some  duplication here  of                                                               
what is  already in the  bill language.  Affordable  broadband is                                                               
addressed  in  the  task  force   and  throughout  the  [federal]                                                               
Infrastructure  Investment and  Jobs Act  (IIJA), she  continued.                                                               
Sustainability without further subsidy  is not something that the                                                               
task  force  delved into  and  is  a  concept  that needs  to  be                                                               
carefully addressed with coordination  from the federal agencies.                                                               
Interagency coordination  and looking at duplication  of programs                                                               
is  happening at  the federal  level via  an interagency  working                                                               
group  between the  Federal Communications  Commission (FCC),  US                                                               
Department of  Agriculture (USDA), and  NTIA.  There could  be an                                                               
unintended   consequence  of   eliminating   programs  that   are                                                               
essential to  Alaska's broadband infrastructure.   The task force                                                               
did  talk  about  reliability in-state,  but  those  metrics  are                                                               
addressed elsewhere in the bill.   The amendment is not adding to                                                               
the  bill and  in some  areas it  is well  outside what  the task                                                               
force recommended.                                                                                                              
                                                                                                                                
3:58:40 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ  stated that the  intention of Amendment  7 is                                                               
good and noble.  She said she is  a fan of doing things right but                                                               
is  concerned  with  the issue  of  sustainability  of  broadband                                                               
without further  subsidy conflicting  with the  bipartisan IIJA's                                                               
stated objective  of meeting first unserved  communities and then                                                               
underserved  communities.   Alaskans  are trying  to educate  the                                                               
NTIA about what  rural and what unserved in Alaska  means and how                                                               
important this is.   Access to broadband  and high-speed internet                                                               
is  like a  utility these  days -  business cannot  be conducted,                                                               
healthcare and education cannot be  received.  She suggested that                                                               
this could  be revisited in  the next  year and refined  with the                                                               
broadband   advisory  group   once   there  is   a  more   robust                                                               
understanding of  what the  federal guidance is  going to  be and                                                               
how the State of Alaska can  comply with the spirit and letter of                                                               
the law and regulation coming from the federal government.                                                                      
                                                                                                                                
4:00:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAUFMAN withdrew  Amendment  7.   He offered  his                                                               
appreciation for  the comments  and said  he is  relentless about                                                               
well  managed projects.   He  said he  concurs with  some of  the                                                               
points that  were made  although he still  thinks there  are good                                                               
things that could be fit in now.                                                                                                
                                                                                                                                
CO-CHAIR SPOHNHOLZ  stated that HB  363 is an important  piece of                                                               
the bipartisan  Infrastructure Investment and Jobs  Act that will                                                               
be a game  changer for the state  of Alaska.  She said  HB 363 is                                                               
an important building block for Alaska as it moves forward.                                                                     
                                                                                                                                
4:01:31 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ  moved to  report HB 363,  as amended,  out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.  There being  no objection, CSHB 363(L&C) was moved                                                               
out of the House Labor and Commerce Standing Committee.                                                                         

Document Name Date/Time Subjects
HB 363 Amendments 1-7 HL&C 3.16.22.pdf HL&C 3/16/2022 3:15:00 PM
HB 363
HB 363 Written Testimony - Pacific Dataport 3.16.22.pdf HL&C 3/16/2022 3:15:00 PM
HB 363
HB 363 Sponsor Statement 2.22.22.pdf HL&C 3/9/2022 3:15:00 PM
HL&C 3/16/2022 3:15:00 PM
HB 363
HB 363 Sectional Analysis version A 2.22.22.pdf HL&C 3/9/2022 3:15:00 PM
HL&C 3/16/2022 3:15:00 PM
HB 363
HB 363 Supporting Document - NCSL - State Broadband Task Forces, Commissions, or Authorities 1.31.22.pdf HL&C 3/9/2022 3:15:00 PM
HL&C 3/16/2022 3:15:00 PM
HB 363
HB 363 Supporting Document - One Pager 3.8.22.pdf HL&C 3/9/2022 3:15:00 PM
HL&C 3/16/2022 3:15:00 PM
HB 363
HB 363 SWAMC - Membership Resolution FY22-04 HB363 3.8.22.pdf HL&C 3/9/2022 3:15:00 PM
HL&C 3/16/2022 3:15:00 PM
HB 363
HB 363 ver. A 3.8.22.PDF HL&C 3/9/2022 3:15:00 PM
HL&C 3/16/2022 3:15:00 PM
HB 363
HB 363 Fiscal Note DCCED-CO 3.5.22.pdf HL&C 3/9/2022 3:15:00 PM
HL&C 3/16/2022 3:15:00 PM
HB 363
HB 363 Letter - State of Alaska NTIA Comment 2.4.22.pdf HL&C 3/9/2022 3:15:00 PM
HL&C 3/16/2022 3:15:00 PM
HB 363
HB 363 Letter of Support - AK AARP 3.8.22.pdf HL&C 3/9/2022 3:15:00 PM
HL&C 3/16/2022 3:15:00 PM
HB 363
HB 363 Letter of Support - GCI 3.8.22.pdf HL&C 3/9/2022 3:15:00 PM
HL&C 3/16/2022 3:15:00 PM
HB 363
HB 363 Letter of Support Alaska Communications 3.8.22.pdf HL&C 3/9/2022 3:15:00 PM
HL&C 3/16/2022 3:15:00 PM
HB 363
HB 363 Letter of Support Alaska Municipal League 3.8.22.pdf HL&C 3/9/2022 3:15:00 PM
HL&C 3/16/2022 3:15:00 PM
HB 363
HB 363 Letter of Support Alaska Telecom Association 3.8.22.pdf HL&C 3/9/2022 3:15:00 PM
HL&C 3/16/2022 3:15:00 PM
HB 363
HB 363 MTA Letter of Support 3.8.22.pdf HL&C 3/9/2022 3:15:00 PM
HL&C 3/16/2022 3:15:00 PM
HB 363
HB 363 Written Testimony for 3.16.22.pdf HL&C 3/16/2022 3:15:00 PM
HB 363
HB 363 Public Comment - Shawn Williams 3.8.22.pdf HL&C 3/9/2022 3:15:00 PM
HL&C 3/16/2022 3:15:00 PM
HB 363
Childcare Untapped Potential in AK Report 3.16.22.pdf HL&C 3/16/2022 3:15:00 PM
US Chamber of Commerce Presentation - Alaska Untapped 3.16.22.pdf HL&C 3/16/2022 3:15:00 PM
SB 143 Bill Version I.PDF HL&C 3/16/2022 3:15:00 PM
SB 143
SB 143 Sectional Analysis 2.8.22.pdf HL&C 3/16/2022 3:15:00 PM
SB 143
SB 143 Sponsor Statement 2.1.22.pdf HL&C 3/16/2022 3:15:00 PM
SB 143
SB 143 Support Document 1 Sarah Badten 2.1.22.PDF HL&C 3/16/2022 3:15:00 PM
SB 143
SB 143 Support Document 2 Pre-1986 Home-Condominium Owners Associations 2.1.22.pdf HL&C 3/16/2022 3:15:00 PM
SB 143
SB 143 Support Letter Matthew Widmer 1.21.22.pdf HL&C 3/16/2022 3:15:00 PM
SB 143
SB 143 Support Letter 2.9.22.pdf HL&C 3/16/2022 3:15:00 PM
SB 143
SB 143 Support Document 3 Post-1986 Home-Condominium Owners Associations 2.1.22.pdf HL&C 3/16/2022 3:15:00 PM
SB 143
SB 143 Support Letter Edgewater Villa HOA Anchorage 2-9-22.pdf HL&C 3/16/2022 3:15:00 PM
SB 143
SB 143 Fiscal Note 2.5.22.pdf HL&C 3/16/2022 3:15:00 PM
SB 143
Child Care Trust Fund Overview 3.16.22.pdf HL&C 3/16/2022 3:15:00 PM
HB 363 Testimony from Rasmuson Foundation 3.16.22.pdf HL&C 3/16/2022 3:15:00 PM
HB 363