SmartTranscript of House Energy and Digital Infrastructure 2025-02-14 10:30am

[Christopher Howland]: Alright. Button is loading. K. Okay. And it looks like we are live. [Chair Kathleen James]: Alrighty. Welcome, everybody. It is Friday, February fourteenth, and we are the House Energy and Digital Infrastructure Committee. We are here this morning taking testimony on H11, an act relating to consumer protections applicable to broadband and VoIP services. And, we're here with the deputy secretary of the agency of administration. So we'll go around and introduce ourselves Okay. Including our committee assistant, and then we always ask everybody to introduce themselves, and then we will turn it over to you. So I'm representative Kathleen James from the Bennington Ford District. We have two asset members today. [Christopher Morrow]: Chris Morrow, Windham Windsor Bennington. Cycle South North, [Christopher Howland]: Caledonia two. Christopher Allen, Redland four. Derek Torrey, Washington two. Graham Kloepner, Chittenden thirteen. [Laura Sibilia]: Laura Civilian. [Christopher Howland]: Jack Locker, Community System. [Claire Buckley]: Clear Buckley with the Lanai Public Affairs here on behalf of CTIA, the Wireless Association. Great. [Chair Kathleen James]: Dakota Meadow. Alright. Thanks, everybody. And to our witness. [Sean Brown]: Yes. And I'm Sean Brown, deputy director of the agency of administration. Pleased to be here this morning. So we'll put a link to the answer to your questions and provide the information you're looking at regarding title three and, broadband Internet access and requirements contained in the section two forty nine. [Chair Kathleen James]: Great. Yeah. [Sean Brown]: So my understanding is that you're looking at, h eleven. You're also looking at, current state, title three regarding, section three forty nine regarding state contracting and the requirement that, bulletin three point five include a provision that all, contracts for Internet service services in this that the state enters into includes a requirement that all providers certify their compliance with section three forty eight net neutrality requirements. And then and we have updated bulletin three point five in the current version that was just issued in the last year, but it was also contained within the prior version of three point five. So all state contracts are required under this bulletin at the for Internet services to have providers certified under compliance with the requirements of section three forty eight. There, is a provision in section three forty eight that allows the secretary of administration to waive some of the requirements if requested. We've gone back and I'm relatively new in my position as is the current secretary. We've gone back through our records and and then talked to our predecessors, and we're not aware of any waiver request coming in in this area to be, waived requirements of, three forty nine and four to three forty five. So the and, we don't see all state contracts at the agency of administration. We only see certain ones. So we're assuming there's compliance with with this provision in our state contracts for where we're contracting for Internet services, given it is requiring in the bulletin three point five. And we do have budget analysts with finance and management that do review all contracts just to make sure they're in compliance with bulletin three point five, and we've never had an issue raised where we've not where contracts not been defined for this recall. [Chair Kathleen James]: I have a few a few questions. So [Sean Brown]: Thank you, ma'am. [Chair Kathleen James]: Just to clarify what we've what we've have learned. So this applies only to contracts between an ISP and a state an entity of state government. For But then you said we don't see all. Which contracts do you see and not see? [Sean Brown]: Well, there are certain contracts depending on the type of contract or the value of it. We would see it at AOA because the requirements are that we we sign off on them. Particularly, if there's particular waiver request in them, they all come to us for favors of of procurement rules. But also if they're over certain dollar values and some certain other contracts by by rule or statute. We see it OAOA, but we don't see every contract coming through the secretary's office just given the amount of contracts that that happen around the state. [Chair Kathleen James]: Okay. So they're all required to comply. [Sean Brown]: Correct. [Chair Kathleen James]: You don't necessarily see everyone because it may not reach the level of your scrutiny. [Sean Brown]: Yes. [Chair Kathleen James]: But whether you see it or don't see it, they're all required to comply. So your assumption is that [Sean Brown]: And, also, they all are budgeting. We have a a team of budget analysts in finance and management who are assigned to all the different departments. I see. And contracts are routed through them for review. And then if they're required to come to the AOA for whatever reason, then they get escalated there. But, also, if they flag a concern and their standard process of reviewing and compliance with different bulletins, particularly three point five, and they have a concern it's not in compliance, they would raise that issue to AOA, and then we would, look into it and work with the tier department, make sure that it is in compliance before it gets issued. And we've not had a an air a contract flagged in this area come to our attention through that process. [Chair Kathleen James]: Okay. So they're reviewed at that level. They may not [Sean Brown]: They'll come to us. [Chair Kathleen James]: Not come to you. Yeah. Okay. Yeah. Thanks, Uh-huh. How many [Laura Sibilia]: contracts and how many different does the state have contracts with that would be that this would be applicable to? [Sean Brown]: I would need to go back and do some research. I don't have that number with me today, and that might be difficult, but I would work with the agency of digital services to to to. Assuming that's where I'd wanna start looking. [Laura Sibilia]: So, madam chair, if possible, I would like for us to have that information about the number of providers that have conflicts with the state for that that are subject to this. Okay. And if possible, which provider. So sorry. [Chair Kathleen James]: Thank you. Great. [Laura Sibilia]: And for the really, for the purposes of understanding, you you now do the breads of compliance that we already have in state and, you know, which providers are already, like, with this. [Chair Kathleen James]: Additional mentions? Definitely not interested. Other? Yeah. Representative Cowan. So [Christopher Howland]: when you say they're in compliance, they're in the compliance at the time that you particularly investigate on them. But from time to time, I'm talking about the the speeds is do they ever fall out of compliance for short periods of time, or is it not [Sean Brown]: it would be caught? We don't regulate the the the the the provider. Mhmm. So so it would I would probably defer to the Department of Public Service. Would assume would be the or the broadband board, whoever regulates in that area. [Laura Sibilia]: For Sebelius, so compliance is that they have filed, you know, with the they certify these. I would have to look at the exact language Mhmm. But it's compliance is their self certification that they That [Christopher Howland]: they have the ability to [Laura Sibilia]: That they do this. Yep. Yep. Oops. [Christopher Howland]: But in comments with the band people that were in yesterday about if voters fully put in one more customer on that highway that the core unit that rolls down perfect, perhaps momentarily. [Laura Sibilia]: Mhmm. Thank you. [Chair Kathleen James]: Additional questions? Thank you for being here. Thank you. Yeah. Did you did you have any written testimony? Or [Sean Brown]: No. No. I was just [Chair Kathleen James]: Okay. Do you would it be possible, do you think, to just Sure. Submit something? I [Sean Brown]: could I'm I'm happy to kinda do some bullet points of [Chair Kathleen James]: both bullet points would be great. And put [Sean Brown]: them to your your team. [Chair Kathleen James]: Super. And maybe maybe you could include the additional information that Sibyl has [Sean Brown]: for me a little bit, so I'll I'll send [Chair Kathleen James]: the talking points and [Sean Brown]: then send the [Chair Kathleen James]: your talking points. Yeah. Representative Powell? [Christopher Howland]: We didn't ask them for a stance on this bill proposal, the agency administration. [Chair Kathleen James]: Would would you like to provide one? [Sean Brown]: I am not prepared. I'm really focused in my preparation on that area. So I would probably wanna go back and speak with our team leader and and others as well. [Christopher Morrow]: Be included in in what it's sent to us? [Chair Kathleen James]: That that would be great. Do you think why don't we get just to be respectful of your time. If you could write up your talking points today and get that to us sooner. And then, yeah, I think if we as we move forward with this bill, I think we'd love to get your position on the bill and the additional information that representative Sebelia [Laura Sibilia]: Yes. And I Requested. Apologize. I should have asked you for that information in in preparation of this meeting. That's okay. [Chair Kathleen James]: Okay? [Christopher Morrow]: Thank you. [Chair Kathleen James]: Alright. Thank you very much. Thanks for being here. [Christopher Morrow]: Alright. Thank you. [Chair Kathleen James]: Let's see. So we our next testimony is not until eleven. Yeah. [Christopher Morrow]: Whenever we it seems like whenever we have someone coming in from an agency that's related to a bill, we should that standard procedure, get their opinion on the bill. Right? [Chair Kathleen James]: Yeah. Typically, that would be that would happen, but we maybe we need to be more explicit. [Christopher Morrow]: I think we [Laura Sibilia]: She said more explicit in [Christopher Morrow]: Yeah. In our requests. [Laura Sibilia]: Yep. That [Christopher Morrow]: that is important information. [Chair Kathleen James]: That is important information. [Christopher Morrow]: Yeah. [Chair Kathleen James]: So, Jack, as we I I think this really is an important conversation. As we reach out when we're taking testimony on specific we've we've moved now this week out of one zero one learning about you territory and into taking specific testimony on bills. So, as we reach out to people, let's be sure to ask them if we have specific topics we'd like them to discuss, which, deputy secretary Brown did today, and then tell them that we would like their the department or agency's position on the bill. [Christopher Howland]: Okay. [Chair Kathleen James]: So yeah. Yeah. Where do they stand on it? Thoughts on the language, feedback on the language. And I let's always remember to remind people that we need testimonial in writing. [Claire Buckley]: I think that's very important. Okay. Yeah. Preparatory. I was just gonna [Laura Sibilia]: say, if we do find ourselves with extra time Yeah. Like we did today, would it be appropriate to ask some broader questions about the agency? [Claire Buckley]: Or is that okay. [Laura Sibilia]: Because because I feel like I'm still in that mode of Yeah. One zero one hasn't ended for me. Yeah. [Chair Kathleen James]: Some of these agencies. Yeah. That we we can, and we could've taken advantage of that time. Sorry. I didn't think about that in the moment. But, yeah, we can. And it's that's a good thing to keep in mind too because we're gonna be starting to have, especially next week, a lot of agencies coming in and providing what turn could turn out to be pretty quick testimony on, like, h one twenty five in particular. You know? Like, yes. We have this information. Yes. We don't have this information. So and, Jack, maybe you could reach back out to whoever's coming next week and just say just be clear, you know, thank you for coming. We will want we would like to request testimony in writing, and we would also like to get your position and feedback on the bill language. Why don't we just make that standard procedure? [Christopher Morrow]: Is that the question about this afternoon? [Chair Kathleen James]: Yeah. [Christopher Morrow]: We have a Jeremy Crandall from the Wireless Association from the beginning to Yep. To comment about the wired broadband bill. [Laura Sibilia]: Mhmm. [Christopher Morrow]: Should they request that, or did we request that, I'm just curious why wireless is interested in a wired broadband bill. [Chair Kathleen James]: We actually have CTIA in the room. So, for the record excuse me. [Claire Buckley]: For the record, Claire Buckley, I work at Nanon Public Affairs, which is here in Montpelier representing CTIA, and, Jeremy Crandall is one of the people testifying. He's here in Montpelier. He'll be over, this afternoon. But the bill does h eleven, you're talking about? [Christopher Morrow]: No. One twenty one. [Chair Kathleen James]: One twenty one. [Claire Buckley]: Well, it would apply to fixed wireless. So we offer the wireless carriers offer fixed wireless, and our understanding is the bill does apply to that. [Christopher Morrow]: Okay. Thanks. [Chair Kathleen James]: And did that Look [Christopher Morrow]: look into that. [Claire Buckley]: Somebody coming in this afternoon on that bill as well, and she, you know, has testimony that is in writing and is on the website. But and we'll just explain, you know, our interest [Chair Kathleen James]: in them. Great. Great. Okay. Thank you. Yeah. We have CTIA back to back at one and one thirty on two different on eight first h eleven and then next h one twenty one. Since we have a few minutes, do you guys wanna look at how next week is shaping up? Sure. Get a little get a little preview. So, Jack, can you bring up our little rep and ready [Laura Sibilia]: I agree. [Chair Kathleen James]: Go ahead. Planning tool? [Laura Sibilia]: Yes. [Christopher Howland]: Elena? [Chair Kathleen James]: Alrighty. So just to give folks a little hint of what we're trying to line up, for next week on Tuesday morning, as usual, we'll just have floor and public caucuses. And then we are starting to try to line up a significant amount of testimony on h one twenty five, our, I guess, energy economy study bill. And we are trying to hear from a really broad range of agencies, departments, and folks who can help us try to get a handle on where the data lives, who tracks the data, what data is available, what data we're looking for that isn't available, where we can find it. Is that a fair is that a fair assumption? Yes. So you'll see quite a bit of h one twenty five testimony, and we're really just giving people, you know, half an hour each. You know? I'm afraid to book people in in fifteen minute increments because that does not work out with this committee. But it should give us plenty of time to hear from folks, ask questions, and try to flesh out what this what this bill is and how it's come together and what the ideas [Laura Sibilia]: I actually have some goals and analysis, draft language around that. Great. Should I share that with the committee? [Chair Kathleen James]: Yeah. Let's go through the week first and then so then on the nineteenth, secretary Riley Hughes is gonna come in from agency of digital services, and she's gonna provide some commentary on our draft bill, our ADS reporting bill. And then we're gonna double dip with her and she's gonna talk to us about their FY twenty six budget request. And because that is our most significant budget request, you know, that's the that's I think the biggest thing we need to make sure we're covering in our memo. Then also on the ADS bill, we're gonna just hear a little bit more quickly again from the auditor's office and from Lisa Gobbin of JFO. Then quickly back to a little bit more testimony on energy economy data from, the Department of Public Service. Then, I blocked out time for us to talk about the FY twenty six budget. And, I have gotten as far as printing out all of our materials, and I was gonna try to start really diving into that this afternoon. And I know representative Southworth has made some progress there too, and so has rep Campbell that he's gone for the day and rep Torre. So if we have time today, we could maybe just start trying to wrap our heads around that. Then, war one twenty five, war one twenty five. We have a joint assembly. I think that's is that the of the trustees? [Laura Sibilia]: Yes. I imagine in general. And sergeant at arms. [Chair Kathleen James]: And sergeant at arms. Then something that we have not done before is if we feel that it's ready, if things are looking good and we're liking it, and we wanna move it forward or or not, we'll have a committee discussion of the ADS bill. Markup is the process for our newer members. Legislative council will come in. They'll be here, you know, in the witness chair, and, we'll start talking a bit talking about the bill and saying, well, we don't like this language. Can we revise this? We all agree we wanna strike this sentence. And, basically, we try to get a draft together that all of us or most of us like and feel comfortable with. We're trying to refine that language. Then, again, if it's on track, this is all a little bit tentative. But Friday, we have scheduled more markup, more discussion, and a possible vote on the ADS bill. That's all kind of pending honestly on how the testimony goes and how our committee discussion goes. But if you're even thinking of voting on a bill, you [Laura Sibilia]: do need to essentially warn that on your agenda. [Chair Kathleen James]: H one twenty five, markup and discussion that might be optimistic, but we'll see on Friday afternoon. And that's how things are looking right now for next week. So, yeah, Jack, you can take that, Dan. Thanks, Dan. Yep. [Laura Sibilia]: I just wanted to flag, especially for our new members, that on the twenty first, next Friday, is a deadline with the secretary of state's office. If there's someone in your community that you wanna honor, like a long serving select board member who's retiring or anything like that, the secretary of state, they do a really nice job with, like, a certificate that you can present at town meeting. So you have time to think about that between now and then. [Chair Kathleen James]: Also, those Freedom and Unity comic books for kids to order those. They are great. You they're a big hit at town meeting. Yeah. They're fantastic. [Claire Buckley]: You ordered a hundred of them. [Chair Kathleen James]: So, rep Simely, do you wanna fill us in a little bit? You said you had some points. [Laura Sibilia]: I think at the last, the last time we were talking about this as a committee, we talked about maybe meeting some goals and thinking about what is the what are we gonna do with all of this information? Yeah. So I don't have it ready to share yet, but I will by the end of the day. Okay. Just my thoughts about what some goals and analysis might look like. You know, so it would be helpful to witnesses. But I wonder about sharing that. How how would you like me to share that? Can you [Chair Kathleen James]: just presented or emailed presented. [Christopher Howland]: K. [Chair Kathleen James]: When do you think it'll be ready, though? Maybe We'll do [Laura Sibilia]: it today. I mean, I could make it work over the lunch if you like. Would whatever you like. [Chair Kathleen James]: We might have. I'm just wondering if we have a little another little gap this afternoon. I wonder if we could [Christopher Howland]: Try the meeting at lunchtime. [Laura Sibilia]: No. I mean, I could work on on lunch to [Christopher Howland]: make sure it's ready. Yeah. [Chair Kathleen James]: You know, if we have time in that one one thirty two if there's a gap, we could start talking about it. It'll take ten minutes and [Laura Sibilia]: then give it be public for everybody to understand and share with folks to just think about. [Chair Kathleen James]: Claire, do you anticipate extensive testimony for your one zero [Claire Buckley]: one three slots? I I think that's plenty of time for us. I mean Okay. Depends on the committee. You know? Right. Okay. [Chair Kathleen James]: Do you think it Well, why don't we just see? Yeah. See if you have Yes. See if we have time to talk about that. And if not, maybe you could send it out over the weekend, and we could probably find time, you know, on Tuesday. Okay. Great.

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SmartTranscript of House Energy and Digital Infrastructure 2025-02-14 10:30am

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