H-3188.1
SECOND SUBSTITUTE HOUSE BILL 2313
State of Washington 68th Legislature 2024 Regular Session
By House Appropriations (originally sponsored by Representatives
Gregerson, Ryu, Reed, Ortiz-Self, Morgan, Davis, Ormsby, Bergquist,
Simmons, Street, Pollet, Shavers, and Doglio)
READ FIRST TIME 02/05/24.
1 AN ACT Relating to furthering digital equity and opportunity in
2 Washington; amending RCW 43.330.532, 43.330.534, 43.330.539,
3 43.330.5393, 43.330.5395, 43.330.412, 28A.650.065, and 43.060.010;
4 reenacting and amending RCW 43.330.530; adding a new section to
5 chapter 43.06D RCW; creating a new section; and recodifying RCW
6 43.330.539 and 43.330.5395.
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
8 Sec. 1. RCW 43.330.530 and 2022 c 265 s 301 and 2022 c 237 s 2
9 are each reenacted and amended to read as follows:
10 The definitions in this section apply throughout this section and
11 RCW 43.330.532 through ((43.330.538,)) 43.330.5393 and 43.330.412((,
12 43.330.5393, and 43.330.5395)) unless the context clearly requires
13 otherwise.
14 (1)(a) "Advanced telecommunications capability" means, without
15 regard to any transmission media or technology, high-speed, switched,
16 broadband telecommunications capability that enables users to
17 originate and receive high quality voice, data, graphics, and video
18 telecommunications using any technology.
19 (b) "Advanced telecommunications capability" does not include
20 access to a technology that delivers transmission speeds below the
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 1 minimum download and upload speeds provided in the definition of
2 broadband in this section.
3 (2) "Aging individual" means an individual 55 years of age or
4 older.
5 (3) "Board" means the public works board established in RCW
6 43.155.030.
7 (4) "Broadband" or "broadband service" means any service
8 providing advanced telecommunications capability and internet access
9 with transmission speeds that, at a minimum, provide 100 megabits per
10 second download and 20 megabits per second upload.
11 (5) "Broadband adoption" means the process by which an individual
12 obtains daily access and ability to use the internet:
13 (a) At a speed, quality, price, and capacity necessary for the
14 individual to accomplish common tasks, such that the access qualifies
15 as an advanced telecommunications capability;
16 (b) Providing individuals with the digital skills necessary to
17 participate fully and safely online;
18 (c) On a device connected to the internet and other advanced
19 telecommunications services via a secure and convenient network, with
20 associated end-user broadband infrastructure equipment such as wifi
21 mesh router or repeaters to enable the device to adequately use the
22 internet network; and
23 (d) With technical support and digital navigation assistance to
24 enable continuity of service and equipment use and utilization.
25 (6) "Broadband infrastructure" means networks of deployed
26 telecommunications equipment and technologies necessary to provide
27 high-speed internet access and other advanced telecommunications
28 services to end users.
29 (7) "Community anchor institution" means a public school, a
30 public housing authority, a library, a medical or health care
31 provider, a community college or other institution of higher
32 education, a state library agency, or other nonprofit or governmental
33 community support organization for purposes of broadband connectivity
34 or facilitating use of broadband service by underserved populations.
35 (8) "Department" means the department of commerce.
36 (((8))) (9) "Digital equity" means the condition in which
37 individuals and communities in Washington have the information
38 technology capacity that is needed for full participation in society,
39 democracy, and the economy.
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 1 (((9))) (10)(a) "Digital inclusion" means the activities that are
2 necessary to ensure that all individuals in Washington have access
3 to, and the use of, affordable information and communication
4 technologies including, but not limited to:
5 (i) Reliable broadband internet service;
6 (ii) Internet-enabled devices that meet the needs of the user;
7 and
8 (iii) Applications and online content designed to enable and
9 encourage self-sufficiency, participation, and collaboration.
10 (b) "Digital inclusion" also includes obtaining access to digital
11 literacy training, the provision of quality technical support, and
12 obtaining basic awareness of measures to ensure online privacy and
13 cybersecurity.
14 (((10))) (11) "Digital literacy" means the skills associated with
15 using technology to enable users to use information and
16 communications technologies to find, evaluate, organize, create, and
17 communicate information.
18 (((11))) (12) "Last mile infrastructure" means broadband
19 infrastructure that serves as the final connection from a broadband
20 service provider's network to the end-use customer's on-premises
21 telecommunications equipment.
22 (((12))) (13) "Local government" includes cities, towns,
23 counties, municipal corporations, public port districts, public
24 utility districts, quasi-municipal corporations, special purpose
25 districts, and multiparty entities comprised of public entity
26 members.
27 (((13))) (14) "Low-income" means households ((as defined by the
28 department of social and health services, provided that the
29 definition may not exceed the higher of 80 percent of area median
30 household income or)) with a household income that does not exceed
31 200 percent of the federal poverty level or that does not exceed the
32 self-sufficiency standard as determined by the University of
33 Washington's self-sufficiency calculator.
34 (((14))) (15) "Middle mile infrastructure" means broadband
35 infrastructure that links a broadband service provider's core network
36 infrastructure to last mile infrastructure.
37 (((15))) (16) "Office" means the governor's statewide broadband
38 office established in RCW 43.330.532.
39 (((16))) (17) "Tribe" means any federally recognized Indian tribe
40 whose traditional lands and territories included parts of Washington.
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 1 (((17))) (18) "Underserved population" means any of the
2 following:
3 (a) Individuals who live in low-income households;
4 (b) Aging individuals;
5 (c) Incarcerated individuals;
6 (d) Veterans;
7 (e) Individuals with disabilities;
8 (f) Individuals with a language barrier, including individuals
9 who are English learners or who have low levels of literacy;
10 (g) Individuals who are members of a racial or ethnic minority
11 group;
12 (h) Individuals who primarily reside in a rural area;
13 (i) ((Children and youth)) Dependents in foster care; or
14 (j) Individuals experiencing housing instability.
15 (((18))) (19) "Unserved areas" means areas of Washington in which
16 households and businesses lack access to adequate, reliable, and
17 affordable broadband service, as defined by the office.
18 Sec. 2. RCW 43.330.532 and 2022 c 265 s 302 are each amended to
19 read as follows:
20 (1) The governor's statewide broadband office is established. The
21 director of the office must be appointed by the governor. The office
22 may employ staff necessary to carry out the office's duties as
23 prescribed by chapter 365, Laws of 2019, subject to the availability
24 of amounts appropriated for this specific purpose.
25 (2) The purpose of the office is to encourage, foster, develop,
26 and improve affordable, quality broadband and broadband adoption and
27 digital equity within the state in order to:
28 (a) Drive job creation, promote innovation, improve economic
29 vitality, and expand markets for Washington businesses;
30 (b) Serve the ongoing and growing needs of Washington's education
31 systems, health care systems, public safety systems, transportation
32 systems, industries and business, governmental operations, and
33 citizens; and
34 (c) Improve broadband accessibility and adoption for unserved and
35 underserved communities and populations.
36 Sec. 3. RCW 43.330.534 and 2022 c 265 s 303 are each amended to
37 read as follows:
38 (1) The office has the power and duty to:
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 1 (a) Serve as the central broadband planning body for the state of
2 Washington;
3 (b) Coordinate with relevant state agencies, local governments,
4 tribes, public and private entities, public housing agencies,
5 community anchor institutions, nonprofit organizations, and consumer-
6 owned and investor-owned utilities to develop strategies and plans
7 promoting deployment of broadband infrastructure and greater
8 broadband access and broadband adoption, while protecting proprietary
9 information;
10 (c) Review existing broadband initiatives, policies, and public
11 and private investments;
12 (d) Develop, recommend, and implement a statewide plan to
13 encourage cost-effective broadband access and to make recommendations
14 for increased usage, particularly in rural and other unserved areas;
15 (e) Update the state's broadband goals and definitions for
16 broadband service in unserved areas as technology advances, except
17 that the state's definition for broadband service may not be actual
18 speeds less than ((twenty-five)) 100 megabits per second download and
19 ((three)) 20 megabits per second upload; and
20 (f) Encourage public-private partnerships to increase deployment
21 and adoption of broadband services and applications.
22 (2) When developing plans or strategies for broadband deployment,
23 the office must consider:
24 (a) Partnerships between communities, tribes, nonprofit
25 organizations, local governments, consumer-owned and investor-owned
26 utilities, and public and private entities;
27 (b) Funding opportunities that provide for the coordination of
28 public, private, state, and federal funds for the purposes of making
29 broadband infrastructure or broadband services available to rural and
30 unserved areas of the state;
31 (c) Barriers to the deployment, adoption, and utilization of
32 broadband service, including affordability of service and project
33 coordination logistics; and
34 (d) Requiring minimum broadband service of ((twenty-five)) 100
35 megabits per second download and ((three)) 20 megabits per second
36 upload speed, that is scalable to faster service.
37 (3) The office may assist applicants for the grant and loan
38 program created in RCW 43.155.160, the digital equity opportunity
39 program created in RCW 43.330.412, and the digital equity planning
40 grant program created in RCW 43.330.5393 with seeking federal funding
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 1 or matching grants and other grant opportunities for deploying or
2 increasing adoption of broadband services.
3 (4) The office may take all appropriate steps to seek and apply
4 for federal funds for which the office is eligible, and other grants,
5 and accept donations, and must deposit these funds in the statewide
6 broadband account created in RCW 43.155.165.
7 (5) ((The office shall coordinate an outreach effort to hard-to-
8 reach communities and low-income communities across the state to
9 provide information about broadband programs available to consumers
10 of these communities. The outreach effort must include, but is not
11 limited to, providing information to applicable communities about the
12 federal lifeline program and other low-income broadband benefit
13 programs. The outreach effort must be reviewed by the office of
14 equity annually. The office may contract with other public or private
15 entities to conduct outreach to communities as provided under this
16 subsection.
17 (6))) In carrying out its purpose, the office ((may)) must
18 collaborate with federally recognized tribes and all relevant state
19 agencies including, but not limited to, the utilities and
20 transportation commission, ((the office of the chief information
21 officer,)) the department of commerce, the community economic
22 revitalization board, the department of transportation, the public
23 works board, the state librarian, ((and all other relevant state
24 agencies)) the Washington state office of equity, the office of the
25 superintendent of public instruction, and the consolidated technology
26 services agency. As a part of this collaboration, the office must
27 provide data to the Washington state office of equity regarding
28 broadband adoption and digital equity programs administered by the
29 office to assist the Washington state office of equity in monitoring
30 the implementation of a state digital equity plan in accordance with
31 section 4 of this act.
32 Sec. 4. RCW 43.330.539 and 2022 c 265 s 201 are each amended to
33 read as follows:
34 (1) The office shall coordinate an outreach effort to hard-to-
35 reach communities and low-income communities across the state to
36 provide information about broadband and digital equity programs
37 available to consumers of these communities and assist consumers in
38 enrolling in these programs. The outreach effort must include, but is
39 not limited to, providing information to applicable communities about
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 1 the federal lifeline program and other low-income broadband benefit
2 programs. The outreach effort must be reviewed by the office
3 annually. The office may coordinate or contract with other public or
4 private entities to conduct outreach to communities and assist
5 consumers in program enrollment as provided under this subsection.
6 (2) The office, in consultation with the digital equity forum,
7 the utilities and transportation commission, ((and)) the statewide
8 broadband office, the department of social and health services, and
9 other relevant state agencies, must develop and monitor
10 implementation of a state digital equity plan.
11 (a) ((The office must seek any available federal funding for
12 purposes of developing and implementing the state digital equity
13 plan.)) The development of the state digital equity plan must build
14 upon the progress made by the statewide broadband office in
15 developing a state digital equity plan.
16 (b) The state digital equity plan must include such elements as
17 the office determines are necessary to leverage federal funding.
18 (((2))) (3) In developing the plan, the office must identify
19 measurable objectives for documenting and promoting digital equity
20 among underserved communities located in the state.
21 (((3))) (4) By December 1, ((2023)) 2024, the office must submit
22 a report to the governor and the appropriate committees of the
23 legislature, including the following:
24 (a) The digital equity plan described in subsection (((1))) (2)
25 of this section and measurable objectives described in subsection
26 (((2))) (3) of this section;
27 (b) A description of how the office collaborated with the
28 membership of the digital equity forum, state agencies, and key
29 ((stakeholders)) partners to develop the plan including, but not
30 limited to, the following:
31 (i) Community anchor institutions;
32 (ii) Local governments;
33 (iii) Local educational agencies;
34 (iv) Entities that carry out workforce development programs; and
35 (v) Broadband service providers;
36 (c) A description of federal funding available to advance digital
37 equity in the state, including any available information on the
38 extent to which state residents have enrolled in the affordable
39 connectivity program through an approved provider; ((and))
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 1 (d) An evaluation of existing state digital equity initiatives,
2 policies, programs, funding needs, and public and private
3 investments, including a recommended model for future infrastructure
4 and outreach investments; and
5 (e) Recommendations of additional state law or policy that can be
6 targeted to help improve broadband adoption and affordability for
7 state residents. This may include recommendations of ongoing
8 subsidies that the state can provide to low-income individuals and
9 community anchor institutions, as well as identification of revenue
10 sources that other states or jurisdictions have developed to fund
11 such subsidies or discounted rates.
12 (((4) For the purpose of this section, "office" means the
13 statewide broadband office established in RCW 43.330.532.)) (5) The
14 office must make publicly available, on an ongoing basis, an overview
15 of the progress made in promoting digital equity among underserved
16 communities located in the state, according to the measurable
17 objectives identified in the digital equity plan. The overview must
18 include a description of the successes and remaining challenges of
19 promoting digital equity among specific types of underserved
20 populations, as defined in RCW 43.330.5