|Passed by the Senate March 12, 2008|
President of the Senate
Passed by the House March 11, 2008
Speaker of the House of Representatives
I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SECOND SUBSTITUTE SENATE BILL 6438 as passed by the Senate and the House of Representatives on the dates hereon set forth.
Governor of the State of Washington
Secretary of State
State of Washington
|State of Washington||60th Legislature||2008 Regular Session|
READ FIRST TIME 02/12/08.
AN ACT Relating to a statewide high-speed internet deployment and adoption initiative; adding new sections to chapter 43.105 RCW; adding a new chapter to Title 28B RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The legislature finds and declares the
(a) The deployment and adoption of high-speed internet services and information technology has resulted in enhanced economic development and public safety for the state's communities, improved health care and educational opportunities, and a better quality of life for the state's residents;
(b) Continued progress in the deployment and adoption of high-speed internet services and other advanced telecommunications services, both land-based and wireless, is vital to ensuring Washington remains competitive and continues to create business and job growth; and
(c) That the state must encourage and support strategic partnerships of public, private, nonprofit, and community-based sectors in the continued growth and development of high-speed internet services and information technology for state residents and businesses.
(2) Therefore, in order to begin advancing the state towards further growth and development of high-speed internet in the state, and to ensure a better quality of life for all state residents, it is the legislature's intent to conduct a statewide needs assessment of broadband internet resources through an open dialogue with all interested parties, including providers, unions, businesses, community organizations, local governments, and state agencies. The legislature intends to use this needs assessment in guiding future plans on how to ensure that every resident in Washington state may gain access to high-speed internet services and, as part of this effort, to address digital literacy and technology training needs of low-income and technology underserved residents of the state through state support of community technology programs.
NEW SECTION. Sec. 2 (1) After the broadband study authorized by
the legislature in 2007 has been completed, or by July 15, 2008, the
department of information services, in coordination with the department
of community, trade, and economic development and the utilities and
transportation commission, shall convene a work group to develop a
high-speed internet deployment and adoption strategy for the state.
(2) The department of information services shall invite representatives from the following organizations to participate in the work group:
(a) Representatives of public, private, and nonprofit agencies and organizations representing economic development, local community development, local government, community planning, technology planning, education, and health care;
(b) Representatives of telecommunications providers, technology companies, telecommunications unions, public utilities, and relevant private sector entities;
(c) Representatives of community-based organizations; and
(d) Representatives of other relevant entities as the department of information services may deem appropriate.
(3) The department of information services shall, in consultation with the work group, develop a high-speed internet deployment and adoption strategy to accomplish the following objectives:
(a) Create and regularly update a detailed, geographic information system map at the census block level of the high-speed internet services and other relevant telecommunications and information technology services owned or leased by public entities in the state with instructions on how proprietary and competitively sensitive data will be handled, stored, and used. Development of this geographic information system map may include collaboration with students and faculty at community colleges and universities in the state. The statewide inventory must, at a minimum, detail:
(i) The physical location of all high-speed internet infrastructure owned or leased by public entities;
(ii) The amount of excess capacity available; and
(iii) Whether the high-speed internet infrastructure is active or inactive;
(b) Work collaboratively with telecommunications providers and internet service providers to assess, create, and regularly update a geographic information system map at the census block level of the privately owned high-speed internet infrastructure in the state, with instructions on how proprietary and competitively sensitive data will be handled, stored, and used;
(c) Combine the geographic information system map of high-speed internet infrastructure owned by public entities with the geographic information system map of high-speed internet infrastructure owned by private entities to create and regularly update a statewide inventory of all high-speed internet infrastructure in the state;
(d) Use the geographic information system map of all high-speed internet infrastructure in the state, both public and privately owned or leased, to identify and regularly update the geographic gaps in high-speed internet service, including an assessment of the population located in each of the geographic gaps;
(e) Spur the development of high-speed internet resources in the state, which may include, but is not limited to, soliciting funding in the form of grants or donations; establishing technology literacy programs in conjunction with institutions of higher education; establishing low-cost hardware and software purchasing programs; and developing loan programs targeting small businesses or businesses located in underserved areas;
(f) Track statewide residential and business adoption of high-speed internet, computers, and related information technology, including an identification of barriers to adoption;
(g) Build and facilitate local technology planning teams and partnerships with members representing cross-sections of the community, which may include participation from the following organizations: Representatives of business, telecommunications unions, K-12 education, community colleges, local economic development organizations, health care, libraries, universities, community-based organizations, local governments, tourism, parks and recreation, and agriculture;
(h) Use the local technology planning teams and partnerships to:
(i) Conduct a needs assessment; and
(ii) Work collaboratively with high-speed internet providers and technology companies across the state to encourage deployment and use, especially in unserved areas, through use of local demand aggregation, mapping analysis, and creation of market intelligence to improve the investment rationale and business case; and
(i) Work with Washington State University extension pursuant to section 6 of this act to establish low-cost programs to improve computer ownership, technology literacy, and high-speed internet access for disenfranchised or unserved populations across the state.
(4) By September 1, 2008, the department of information services shall provide a status update to the telecommunications committees in the house of representatives and the senate, outlining the progress made to date by the work group and the issues remaining to be considered.
(5) By December 1, 2008, the department of information services shall complete the high-speed internet deployment and adoption strategy and provide a report to the fiscal and telecommunications committees in the house of representatives and the senate, the governor, and the office of financial management. The main objective of the report is to outline, based on the efforts of the work group, what legislation is needed in order to implement the high-speed internet deployment and adoption strategy, including a range of potential funding requests to accompany the legislation. Specifically, the report shall include the following:
(a) Benchmarks, performance measures, milestones, deliverables, timelines, and such other indicators of performance and progress as are necessary to guide development and implementation of the high-speed internet deployment and adoption strategy, both short term and long term, including an assessment of the amount of funding needed to accomplish a baseline assessment of the high-speed internet infrastructure owned by public and private entities of the state in an eighteen-month period; and
(b) Ways to structure and appropriately scale and phase development and implementation of the high-speed internet deployment and adoption strategy so as to link to, leverage, and otherwise synchronize with other relevant and related funding, technology, capital initiatives, investments, and opportunities.
NEW SECTION. Sec. 3 A new section is added to chapter 43.105 RCW
to read as follows:
(1) For purposes of compliance with section 2 of this act or any subsequent high-speed internet deployment and adoption initiative, the department of information services, the department of community, trade, and economic development, the utilities and transportation commission, and any other government agent or agency shall not gather or request any information related to high-speed internet infrastructure or service from providers of telecommunications or high-speed internet services that is classified by the provider as proprietary or competitively sensitive.
(2) Nothing in this section may be construed as limiting the authority of a state agency or local government to gather or request information from providers of telecommunications or high-speed internet services for other purposes pursuant to its statutory authority.
NEW SECTION. Sec. 4 Nothing in this act may be construed as
giving the department of information services or any other entities any
additional authority, regulatory or otherwise, over providers of
telecommunications and information technology.
NEW SECTION. Sec. 5 A new section is added to chapter 43.105 RCW
to read as follows:
(1) By January 1, 2009, the department, in consultation with Washington State University, shall identify and make publicly available a web directory of public facilities that provide community technology programs throughout the state.
(2) For the purposes of this section, "community technology program" has the same meaning as in section 7 of this act.
NEW SECTION. Sec. 6 The community technology opportunity program
is created to support the efforts of community technology programs
throughout the state. The community technology opportunity program
must be administered by the Washington State University extension, in
consultation with the department of information services. The
Washington State University extension may contract for services in
order to carry out the extension's obligations under this section.
(1) In implementing the community technology opportunity program the administrator must, to the extent funds are appropriated for this purpose:
(a) Provide organizational and capacity building support to community technology programs throughout the state, and identify and facilitate the availability of other public and private sources of funds to enhance the purposes of the program and the work of community technology programs. No more than fifteen percent of funds received by the administrator for the program may be expended on these functions;
(b) Establish a competitive grant program and provide grants to community technology programs to provide training and skill-building opportunities; access to hardware and software; internet connectivity; assistance in the adoption of information and communication technologies in low-income and underserved areas of the state; and development of locally relevant content and delivery of vital services through technology.
(2) Grant applicants must:
(a) Provide evidence that the applicant is a nonprofit entity or a public entity that is working in partnership with a nonprofit entity;
(b) Define the geographic area or population to be served;
(c) Include in the application the results of a needs assessment addressing, in the geographic area or among the population to be served: The impact of inadequacies in technology access or knowledge, barriers faced, and services needed;
(d) Explain in detail the strategy for addressing the needs identified and an implementation plan including objectives, tasks, and benchmarks for the applicant and the role that other organizations will play in assisting the applicant's efforts;
(e) Provide evidence of matching funds and resources, which are equivalent to at least one-quarter of the grant amount committed to the applicant's strategy;
(f) Provide evidence that funds applied for, if received, will be used to provide effective delivery of community technology services in alignment with the goals of this program and to increase the applicant's level of effort beyond the current level; and
(g) Comply with such other requirements as the administrator establishes.
(3) The administrator may use no more than ten percent of funds received for the community technology opportunity program to cover administrative expenses.
(4) The administrator must establish expected program outcomes for each grant recipient and must require grant recipients to provide an annual accounting of program outcomes.
NEW SECTION. Sec. 7 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Administrator" means the community technology opportunity program administrator designated by the Washington State University extension.
(2) "Community technology program" means a program, including a digital inclusion program, engaged in diffusing information and communications technology in local communities, particularly in underserved areas. These programs may include, but are not limited to, programs that provide education and skill-building opportunities, hardware and software, internet connectivity, and development of locally relevant content and delivery of vital services through technology.
NEW SECTION. Sec. 8 The Washington community technology
opportunity account is established in the state treasury. Donated
funds from private and public sources may be deposited into the
account. Expenditures from the account may be used only for the
operation of the community technology opportunity program as provided
in section 6 of this act. Only the administrator or the
administrator's designee may authorize expenditures from the account.
NEW SECTION. Sec. 9 Sections 6 through 8 of this act constitute
a new chapter in Title
NEW SECTION. Sec. 10 If sections 1 through 5 of this act become
null and void, the department of information services shall include
high-speed internet adoption and deployment in its 2009-2011 strategic
NEW SECTION. Sec. 11 If specific funding for the purposes of
sections 1 through 5 of this act, referencing sections 1 through 5 of
this act by bill or chapter number, is not provided by June 30, 2008,
in the omnibus appropriations act, sections 1 through 5 of this act are
null and void.