H-0430.2

HOUSE BILL 1503

ByRepresentatives Gregerson, Ryu, Ortiz-Self, Berry, Peterson, Reed, Goodman, Ormsby, Parshley, Macri, Ramel, Hill, and Bergquist

AN ACT Relating to furthering digital equity and opportunity in Washington state; amending RCW 43.330.532, 43.330.534, 43.330.536, 43.330.539, and 43.330.5395; reenacting and amending RCW 43.330.530; adding new sections to chapter 43.06D RCW; creating a new section; and recodifying RCW 43.330.539 and 43.330.5395.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

The legislature further reaffirms its intent to broaden access to the internet, the appropriate devices, and the skills to operate online safely and effectively so that all people in Washington can fully participate in our society, democracy, and economy by expanding assistance and support programs offered in the state.

To support the state's efforts in providing access to the internet and the skills to effectively and safely utilize it, the legislature intends to support existing cross-agency collaboration, in particular between the department of commerce and the office of equity. The legislature intends to facilitate this collaboration, in which the department of commerce has primary responsibility for increasing access to broadband and related infrastructure, and the office of equity has primary responsibility for increasing digital equity by facilitating the provision of digital devices and services to individuals and communities in Washington.

Sec. 2. RCW 43.330.530 and 2022 c 265 s 301 and 2022 c 237 s 2 are each reenacted and amended to read as follows:

The definitions in this section apply throughout this section and RCW 43.330.532 through 43.330.538, 43.330.412, and 43.330.5393((, and 43.330.5395)) unless the context clearly requires otherwise.

(1)(a) "Advanced telecommunications capability" means, without regard to any transmission media or technology, high-speed, switched, broadband telecommunications capability that enables users to originate and receive high quality voice, data, graphics, and video telecommunications using any technology.

(b) "Advanced telecommunications capability" does not include access to a technology that delivers transmission speeds below the minimum download and upload speeds provided in the definition of broadband in this section.

(2) "Aging individual" means an individual 55 years of age or older.

(3) "Board" means the public works board established in RCW 43.155.030.

(4) "Broadband" or "broadband service" means any service providing advanced telecommunications capability and internet access with transmission speeds that, at a minimum, provide 100 megabits per second download and 20 megabits per second upload.

(5) "Broadband adoption" means the process by which an individual obtains daily access to and the ability to use the internet:

(a) At a speed, quality, price, and capacity necessary for the individual to accomplish common tasks, such that the access qualifies as an advanced telecommunications capability;

(b) Providing individuals with the digital skills necessary to participate fully and safely online;

(c) On a device connected to the internet and other advanced telecommunications services via a secure and convenient network, with associated end-user broadband infrastructure equipment such as wifi mesh router or repeaters to enable the device to adequately use the internet network; and

(d) With technical support and digital navigation assistance to enable continuity of service and equipment use and utilization.

(6) "Broadband infrastructure" means networks of deployed telecommunications equipment and technologies necessary to provide high-speed internet access and other advanced telecommunications services to end users.

(7) "Community anchor institution" means a public school, a public housing authority, a library, a medical or health care provider, a community college or other institution of higher education, a state library agency, or other nonprofit or governmental community support organization for the purposes of broadband connectivity or facilitating use of broadband service by underserved populations.

(8) "Department" means the department of commerce.

(((8)))(9) "Digital equity" means the condition in which individuals and communities in Washington have the information technology capacity that is needed for full participation in society, democracy, and the economy.

(((9)))(10)(a) "Digital inclusion" means the activities that are necessary to ensure that all individuals in Washington have access to, and the use of, affordable information and communication technologies including, but not limited to:

(i) Reliable broadband internet service;

(ii) Internet-enabled devices that meet the needs of the user; and

(iii) Applications and online content designed to enable and encourage self-sufficiency, participation, and collaboration.

(b) "Digital inclusion" also includes obtaining access to digital literacy training, the provision of quality technical support, and obtaining basic awareness of measures to ensure online privacy and cybersecurity.

(((10)))(11) "Digital literacy" means the skills associated with using technology to enable users to use information and communications technologies to find, evaluate, organize, create, and communicate information.

(((11)))(12) "Last mile infrastructure" means broadband infrastructure that serves as the final connection from a broadband service provider's network to the end-use customer's on-premises telecommunications equipment.

(((12)))(13) "Local government" includes cities, towns, counties, municipal corporations, public port districts, public utility districts, quasi-municipal corporations, special purpose districts, and multiparty entities comprised of public entity members.

(((13)))(14) "Low-income" means households ((as defined by the department of social and health services, provided that the definition may not exceed the higher of 80 percent of area median household income or))with a household income that does not exceed 200 percent of the federal poverty level or that does not exceed the self-sufficiency standard as determined by the University of Washington's self-sufficiency calculator.

(((14)))(15) "Middle mile infrastructure" means broadband infrastructure that links a broadband service provider's core network infrastructure to last mile infrastructure.

(((15)))(16) "Office" means the governor's statewide broadband office established in RCW 43.330.532.

(((16)))(17) "Tribe" means any federally recognized Indian tribe whose traditional lands and territories included parts of Washington.

(((17)))(18) "Underserved population" means any of the following:

(a) Individuals who live in low-income households;

(b) Aging individuals;

(c) Incarcerated individuals;

(d) Veterans;

(e) Individuals with disabilities;

(f) Individuals with a language barrier, including individuals ((who are))with limited English ((learners))proficiency or who have low levels of literacy;

(g) Individuals who are members of a racial or ethnic minority group;

(h) Individuals who primarily reside in a rural area;

(i) ((Children and youth))Dependents in foster care; or

(j) Individuals experiencing housing instability.

(((18)))(19) "Unserved areas" means areas of Washington in which households and businesses lack access to adequate, reliable, and affordable broadband service, as defined by the office.

Sec. 3. RCW 43.330.532 and 2022 c 265 s 302 are each amended to read as follows:

(1) The governor's statewide broadband office is established. The director of the office must be appointed by the governor. The office may employ staff necessary to carry out the office's duties as prescribed by chapter 365, Laws of 2019, subject to the availability of amounts appropriated for this specific purpose.

(2) The purpose of the office is to encourage, foster, develop, and improve affordable, quality broadband, broadband adoption, and digital equity within the state in order to:

(a) Drive job creation, promote innovation, improve economic vitality, and expand markets for Washington businesses;

(b) Serve the ongoing and growing needs of Washington's education systems, health care systems, public safety systems, transportation systems, industries and business, governmental operations, and citizens; and

(c) Improve broadband accessibility and adoption for unserved and underserved communities and populations.

Sec. 4. RCW 43.330.534 and 2024 c 54 s 53 are each amended to read as follows:

(1) The office has the power and duty to:

(a) Serve as the central broadband planning body for the state of Washington;

(b) Coordinate with relevant state agencies, local governments, tribes, public and private entities, public housing agencies, community anchor institutions, nonprofit organizations, and consumer-owned and investor-owned utilities to develop strategies and plans promoting deployment of broadband infrastructure and greater broadband access and broadband adoption, while protecting proprietary information;

(c) Review existing broadband initiatives, policies, and public and private investments;

(d) Develop, recommend, and implement a statewide plan to encourage cost-effective broadband access and to make recommendations for increased usage, particularly in rural and other unserved areas;

(e) Update the state's broadband goals and definitions for broadband service in unserved areas as technology advances, except that the state's definition for broadband service may not be actual speeds less than ((twenty-five))100 megabits per second download and ((three))20 megabits per second upload; and

(f) Encourage public-private partnerships to increase deployment and adoption of broadband services and applications.

(2) When developing plans or strategies for broadband deployment, the office must consider:

(a) Partnerships between communities, tribes, nonprofit organizations, local governments, consumer-owned and investor-owned utilities, and public and private entities;

(b) Funding opportunities that provide for the coordination of public, private, state, and federal funds for the purposes of making broadband infrastructure or broadband services available to rural and unserved areas of the state;

(c) Barriers to the deployment, adoption, and utilization of broadband service, including affordability of service and project coordination logistics; and

(d) Requiring minimum broadband service of ((twenty-five))100 megabits per second download and ((three))20 megabits per second upload speed, that is scalable to faster service.

(3) The office may assist applicants for the grant and loan program created in RCW 43.155.160, the digital equity opportunity program created in RCW 43.330.412, and the digital equity planning grant program created in RCW 43.330.5393 with seeking federal funding or matching grants and other grant opportunities for deploying or increasing adoption of broadband services.

(4) The office may take all appropriate steps to seek and apply for federal funds for which the office is eligible, and other grants, and accept donations, and must deposit these funds in the statewide broadband account created in RCW 43.155.165.

(5) ((The office shall coordinate an outreach effort to hard-to-reach communities and low-income communities across the state to provide information about broadband programs available to consumers of these communities. The outreach effort must include, but is not limited to, providing information to applicable communities about the federal lifeline program and other low-income broadband benefit programs. The outreach effort must be reviewed by the office of equity annually. The office may contract with other public or private entities to conduct outreach to communities as provided under this subsection.

(6))) In carrying out its purpose, the office ((may))must collaborate with federally recognized tribes and all relevant state agencies including the utilities and transportation commission, Washington technology solutions, the department of commerce, the community economic revitalization board, the department of transportation, the public works board, the state librarian, ((and all other relevant state agencies))the Washington state office of equity, and the office of the superintendent of public instruction. As a part of this collaboration, the office must provide data to the Washington state office of equity regarding broadband adoption and digital equity programs maintained by the office to assist the Washington state office of equity in monitoring the implementation of a state digital equity plan in accordance with RCW 43.330.539 (as recodified by this act).

Sec. 5. RCW 43.330.536 and 2019 c 365 s 5 are each amended to read as follows:

It is a goal of the state of Washington that:

(1) ((By 2024, all Washington businesses and residences have access to high-speed broadband that provides minimum download speeds of at least twenty-five megabits per second and minimum upload speeds of at least three megabits per second;

(3) By 2028, all Washington businesses and residences have access to at least one provider of broadband with download speeds of at least one hundred fifty megabits per second and upload speeds of at least one hundred fifty megabits per second))By 2028, all Washington businesses, residences, and community anchor institutions have access to broadband service of 150 megabits per second download and 20 megabits per second upload in accordance with RCW 43.330.530;

(3) By 2032, broadband goals for the state of Washington are reviewed and updated with input provided by entities, such as the digital equity forum, communities, tribes, nonprofit organizations, local governments, consumer-owned and investor-owned utilities, relevant state agencies, and public and private entities.

Sec. 6. RCW 43.330.539 and 2022 c 265 s 201 are each amended to read as follows:

(1) The office is primarily responsible, in coordination with the state broadband office, for encouraging, fostering, developing, and improving digital equity by facilitating the provision of digital devices and services to individuals and communities in Washington.

(3) The office, in consultation with the digital equity forum, the utilities and transportation commission, ((and))the statewide broadband office, the department of social and health services, and other relevant state agencies, must develop and monitor implementation of a state digital equity plan.

(a) ((The office must seek any available federal funding for purposes of developing and implementing the state digital equity plan))The development of the state digital equity plan must build upon the progress made by the statewide broadband office in developing a state digital equity plan.

(b) The state digital equity plan must include such elements as the office determines are necessary to leverage federal funding.

(((2)))(4) In developing the plan, the office must identify measurable objectives for documenting and promoting digital equity among underserved communities located in the state.

(((3)))(5)(a) By December 1, ((2023))2026, the office must submit a report to the governor and the appropriate committees of the legislature, including the following:

(((a)))(i) The digital equity plan described in subsection (((1)))(3) of this section and measurable objectives described in subsection (((2)))(4) of this section;

(((b)))(ii) A description of how the office collaborated with the membership of the digital equity forum, state agencies, and key ((stakeholders))partners to develop the plan including, but not limited to, the following:

(((i)))(A) Community anchor institutions;

(((ii)))(B) Local governments;

(((iii)))(C) Local educational agencies;

(((iv)))(D) Entities that carry out workforce development programs; and

(((v)))(E) Broadband service providers;

(((c)))(iii) A description of federal funding available to advance digital equity in the state((, including any available information on the extent to which state residents have enrolled in the affordable connectivity program through an approved provider; and

(d)));

(v) Recommendations of additional state law or policy that can be targeted to help improve broadband adoption and affordability for state residents. This may include recommendations of ongoing subsidies that the state can provide to low-income individuals and community anchor institutions, as well as identification of revenue sources that other states or jurisdictions have developed to fund such subsidies or discounted rates.

(((4) For the purpose of this section, "office" means the statewide broadband office established in RCW 43.330.532))(b) The office shall review, update, and submit to the governor and the appropriate committees of the legislature a revised state digital equity plan every two years after its initial publication. The office shall submit to the governor and the appropriate committees of the legislature an updated report that includes the topics in (a)(i) through (v) of this subsection and subsection (6) of this section the year following its submission of a revised state digital equity plan.

(6) The office must make publicly available, on an ongoing basis, an overview of the progress made in promoting digital equity among underserved communities located in the state, according to the measurable objectives identified in the digital equity plan. The overview must include a description of the successes and remaining challenges of promoting digital equity among specific types of underserved populations. As part of this requirement, the office shall have oversight over and direct future improvements as it determines is necessary, to the public data resources maintained by the statewide broadband office to track digital equity and the digital divide.

Sec. 7. RCW 43.330.5395 and 2022 c 265 s 306 are each amended to read as follows:

(1) The Washington digital equity forum is established for the purpose of developing recommendations to advance digital connectivity, broadband adoption, and digital equity in Washington state ((and advising the statewide broadband office on the digital equity opportunity program as provided under RCW 43.330.412 and the digital equity planning grant program as provided under RCW 43.330.5393)).

(2) In developing its recommendations to advance digital connectivity, broadband adoption, and digital equity, the forum must:

(a) Develop goals that are consistent with the goals of the governor's statewide broadband office, as provided in RCW 43.330.536, and the office, as provided in RCW 43.06D.020;

(b) Strengthen public-private partnerships, cooperatives, and other partnerships that promote digital connectivity, broadband adoption, and digital equity;

(c) Solicit public input through public hearings or informational sessions;

(d) Work to increase collaboration and communication between local, state, and federal governments and agencies; and

(e) Recommend opportunities for sustainable digital equity funding, including reforms to current universal service mechanisms.

(3) The directors of the governor's statewide broadband office and the ((Washington state)) office ((of equity)) are responsible for appointing participating members of the digital equity forum and no appointment may be made unless each director concurs in the appointment. In making appointments, the directors must prioritize appointees representing:

(a) Federally recognized tribes;

(b) State and local agencies involved in digital equity; and

(c) Underserved and unserved communities, including historically disadvantaged communities.

(4) A majority of the ((participating)) members appointed by the directors ((must))may appoint an administrative chair or cochairs for the forum.

(5) In addition to members appointed by the directors, four legislators may serve on the digital equity forum in an ex officio capacity. Legislative participants must be appointed as follows:

(a) The speaker of the house of representatives must appoint one member from each of the two largest caucuses of the house of representatives; and

(b) The president of the senate must appoint one member from each of the two largest caucuses of the senate.

(6)(((a))) Funds appropriated to the forum may be used to compensate, for any work done in connection with the forum, additional persons who have lived experience navigating barriers to digital connectivity and digital equity.

(((b) Each member of the digital equity forum shall serve without compensation but may be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060.))

(7) Staff for the digital equity forum must be provided by ((the governor's statewide broadband office and)) the ((Washington state)) office ((of equity)). The ((governor's statewide broadband office and the Washington state)) office ((of equity are jointly))is responsible for transmitting the recommendations of the digital equity forum to the legislature, consistent with RCW 43.01.036, by October 28, 2025, and every odd-numbered year thereafter.

NEW SECTION.  Sec. 8. A new section is added to chapter 43.06D RCW to read as follows:

The definitions in this section apply to RCW 43.330.539 (as recodified by this act) and 43.330.5395 (as recodified by this act) unless the context clearly requires otherwise.

(1) "Broadband," "broadband service," and "broadband adoption" have the meanings defined in RCW 43.330.530.

(2) "Community anchor institution" has the meaning defined in RCW 43.330.530.

(3) "Digital equity" has the meaning defined in RCW 43.330.530.

(4) "Local government" has the meaning defined in RCW 43.330.530.

(5) "Low-income" has the meaning defined in RCW 43.330.530.

(6) "Office" means the Washington state office of equity.

(7) "Underserved population" has the meaning defined in RCW 43.330.530.

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