PSHB 2414 (H-3807.2/20) — Digital Equity, Current Version and Proposed Substitute (Washington)
Summary
A document on PSHB 2414 (H-3807.2/20), concerning digital equity, that lists the current version of the bill and a proposed substitute, followed by the draft act. The list for the current version includes establishing the Digital Capacity Grant Program and the Digital Competitive Grant Program under the Department of Commerce and requiring local jurisdictions seeking Capacity Grant funds to complete a Digital Equity Plan. The proposed substitute, compared to SHB 2414, provides that a local jurisdiction has 90 days, rather than 60 days, after the notice of funding availability to submit a planning grant application. The draft act adds a new chapter to Title 43 RCW and takes effect July 1, 2021.
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“PSHB 2414 (H-3807.2/20) — Digital Equity, Current Version and Proposed Substitute (Washington).”
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PSHB 2414 (H-3807.2/20) (Rep. Hudgins)
Current Version of the Bill:
• Establishes the Digital Capacity Grant Program under the Department of Commerce
(Department) to promote the achievement of digital equity, support digital inclusion activities,
and build capacity for local jurisdictions relating to broadband adoption.
• Requires local jurisdictions seeking Capacity Grant funds to complete a Digital Equity Plan that
identifies the barriers to digital equity faced by covered populations in the local jurisdiction.
• Requires local jurisdictions seeking Capacity Grant funds to select an administering entity to
administer grant funds, among other responsibilities.
• Requires the Department to award annual Capacity Grants to support the implementation of the
Plan and digital inclusion activities in local jurisdictions.
• Establishes the Digital Competitive Grant Program under the Department to support efforts to
achieve digital equity, promote digital inclusion activities, and spur greater adoption of
broadband among covered populations.
• Establishes grant calculation criteria that the Department must follow in awarding grants.
• Requires the Department to conduct evaluations of the activities carried out under the covered
programs and submit and annual report to the Legislature of its findings.
• Provides that the Department may enter into contracts to evaluate activities supported by grants
and promote the exchange of best practices related to each program.
• Requires the Department to provide technical support and assistance to entities to prepare the
applications of those entities with respect to grants awarded under the covered programs.
• Provides that the state share for of any project for which the Department awards a grant under
the Competitive Grant Program may not exceed 90 percent of total funds.
• Establishes assurances that grant recipients agree to in grant applications, and uphold thereafter,
such as assurances to adopt written complaint procedures and comply with applicable laws.
• Sets forth eligibility, application and awarding procedure, use of funds, stakeholder
collaboration, termination of grant, program evaluation, and reporting requirements related to the
provision of grants under each Program.
Proposed Substitute (H-3807.2/20) Compared to SHB 2414:
• Adds digital equity service providers and certain specified experts to the individuals and entities
the Department must consult with in establishing the Digital Equity Capacity Grant Program;
• Provides that a local jurisdiction has 90 days, rather than 60 days, after the notice of funding
availability is provided to submit the Department a planning grant application;
• Adds valid and reliable research, such as local surveys, to the data the Department is able to use
in determining the comparative lack of availability and adoption of broadband in local
jurisdictions as a part of the grant formula;
• Provides that an eligible local jurisdiction may expend Competitive Grant funds within a
specified amount of time that is determined when the grant and contract is awarded and is
dependent on the scope of the project;
• Adds the Workforce Training and Education Board and digital inclusion, digital equity, and
digital literacy experts to the entities the Department must consult with in establishing the Digital
Equity Competitive Grant Program;
1
• Requires the Department to develop grant work products that exemplify best practices, or serve
as examples, curriculum, and tools for other digital inclusion projects;
• Adds grant work products that exemplify best practices, or serve as examples, curriculum, and
tools to the required items that must be contained in the Department’s fully searchable database;
• Adds the process by which an individual is able to use the internet to the definition of “Adoption
of broadband.”
• Makes revisions to the legislative findings and intent section.
• Makes technical edits.
2
1 AN ACT Relating to digital equity; adding a new chapter to Title
2 43 RCW; and providing an effective date.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
4 NEW SECTION. Sec. 1. (1) The legislature finds that broadband
5 connection and digital literacy are increasingly critical for
6 Washingtonians' ability to participate in society, the economy, and
7 civic institutions.
8 (2) The legislature further finds that broadband connection and
9 digital literacy are critical in accessing health care and essential
10 services, obtaining an education, and building careers in Washington.
11 (3) The legislature further finds that digital exclusion carries
12 an immense societal and economic cost for Washingtonians. Digital
13 exclusion materially harms an individual's opportunity for economic
14 success, educational achievement, positive health outcomes, social
15 inclusion, and civic engagement. Digital exclusion also exacerbates
16 existing wealth and income gaps, especially those experienced by
17 covered populations.
18 (4) The legislature further finds that achieving digital equity
19 in Washington requires additional and sustained investment,
20 collaboration, and research efforts and is a matter of social and
21 economic justice and is worth pursuing.
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1 (5) Therefore, it is the intent of the legislature to create a
2 digital equity capacity grant program and a digital equity
3 competitive grant program to promote the expansion of digital equity
4 across the state by supporting digital inclusion activities and
5 building capacity for local jurisdictions to spur greater adoption of
6 broadband among covered populations throughout Washington.
7 NEW SECTION. Sec. 2. The definitions in this section apply
8 throughout this chapter unless the context clearly requires
9 otherwise.
10 (1) "Adoption of broadband" means the process by which an
11 individual obtains daily access to and is able to use the internet
12 that:
13 (a) Is at a speed, quality, and capacity necessary for the
14 individual to accomplish common tasks, such that the access qualifies
15 as an advanced telecommunications capability;
16 (b) Allows individuals the digital skills necessary to
17 participate online; and
18 (c) Is on a personal device that is on a secure and convenient
19 network.
20 (2) "Advanced telecommunications capability" means, without
21 regard to any transmission media or technology, high-speed, switched,
22 broadband telecommunications capability that enables users to
23 originate and receive high quality voice, data, graphics, and video
24 telecommunications using any technology.
25 (3) "Aging individual" means an individual sixty years of age or
26 older.
27 (4) "Community anchor institution" means a public school, a
28 library, a medical or health care provider, a community college or
29 other higher education institution, a library agency, and any other
30 nonprofit or governmental community support organization.
31 (5) "Covered household" means a household, the federal taxable
32 income of which is not more than one hundred fifty percent of an
33 amount equal to the poverty level, as determined by using criteria of
34 poverty established by the United States bureau of the census, for
35 the most recently completed taxable year.
36 (6) "Covered populations" means:
37 (a) Individuals who live in covered households;
38 (b) Aging individuals;
39 (c) Incarcerated individuals;
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1 (d) Veterans;
2 (e) Individuals with disabilities;
3 (f) Individuals with a language barrier, including individuals
4 who are English learners or who have low levels of literacy;
5 (g) Individuals who are members of a racial or ethnic minority
6 group; and
7 (h) Individuals who primarily reside in a rural area.
8 (7) "Covered programs" means the digital equity capacity grant
9 program established under section 3 of this act and the digital
10 equity competitive grant program established under section 10 of this
11 act.
12 (8) "Department" means the department of commerce.
13 (9) "Digital equity" means the condition in which individuals and
14 communities in Washington have the information and communications
15 technology capacity that is needed for full participation in society
16 and the economy.
17 (10)(a) "Digital inclusion" means the activities that are
18 necessary to ensure that all individuals in Washington have access
19 to, and the use of, affordable information and communication
20 technologies, including:
21 (i) Reliable fixed and wireless broadband internet service;
22 (ii) Internet-enabled devices that meet the needs of the user;
23 and
24 (iii) Applications and online content designed to enable and
25 encourage self-sufficiency, participation, and collaboration.
26 (b) "Digital inclusion" also includes obtaining access to digital
27 literacy training, the provision of quality technical support, and
28 obtaining basic awareness of measures to ensure online privacy and
29 cybersecurity.
30 (11) "Digital literacy" means the skills associated with using
31 technology to enable users to find, evaluate, organize, create, and
32 communicate information.
33 (12) "Disability" has the same meaning as defined in RCW
34 49.60.040.
35 (13) "Eligible local jurisdiction" means:
36 (a) With respect to planning grants made available under section
37 5(3) of this act, a local jurisdiction with respect to which the
38 department has approved an application submitted to the department
39 under section 5(3)(c) of this act; and
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1 (b) With respect to capacity grants awarded under section 6 of
2 this act, a local jurisdiction with respect to which the department
3 has approved an application submitted to the department under section
4 6(2) of this act, including approval of the digital equity plan
5 developed by the local jurisdiction under section 5 of this act.
6 (14) "Gender identity" means having or being perceived as having
7 a gender identity, self-image, appearance, behavior, or expression,
8 whether or not that gender identity, self-image, appearance,
9 behavior, or expression is different from that traditionally
10 associated with the sex assigned to that person at birth.
11 (15) "Higher education institution" has the meaning provided in
12 RCW 28B.07.020 and includes postsecondary vocational institutions.
13 (16) "Indian tribe" means any federally recognized Indian tribe
14 whose traditional lands and territories included parts of Washington.
15 (17) "Local educational agency" means a public board of education
16 or other public authority legally constituted within Washington for
17 either administrative control or direction of, or to perform a
18 service function for, public elementary schools or secondary schools
19 in a city, county, township, school district, or other political
20 subdivision, or of or for a combination of school districts or
21 counties that is recognized as an administrative agency for its
22 public elementary schools or secondary schools.
23 (18) "Postsecondary vocational institution" has the meaning
24 provided in 20 U.S.C. Sec. 1002(c).
25 (19) "Socially and economically disadvantaged small business
26 concern" has the meaning provided in 15 U.S.C. Sec. 637(a)(4).
27 (20) "Veteran" has the meaning provided in RCW 41.04.007.
28 NEW SECTION. Sec. 3. (1) The department shall establish a
29 digital equity capacity grant program for the purposes of promoting
30 the achievement of digital equity, supporting digital inclusion
31 activities, and building capacity for efforts by local jurisdictions
32 in Washington relating to the adoption of broadband by residents of
33 those local jurisdictions. The program shall ensure that local
34 jurisdictions have the capacity to promote the achievement of digital
35 equity and support digital inclusion activities.
36 (2) Under the digital equity capacity grant program, the
37 department shall make grants to local jurisdictions in accordance
38 with the requirements under this section and sections 4 through 9 of
39 this act.
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1 (3) The department shall consult with representatives of the
2 following individuals and entities in establishing the program under
3 subsection (1) of this section:
4 (a) The statewide broadband office;
5 (b) The public works board;
6 (c) The utilities and transportation commission;
7 (d) The community economic revitalization board;
8 (e) The office of minority and women's business enterprises;
9 (f) The department of veterans affairs;
10 (g) The consolidated technology services agency;
11 (h) The office of financial management;
12 (i) Digital equity service providers;
13 (j) Experts from local governments, entities conducting research,
14 nonprofit entities, libraries, and educational institutions; and
15 (k) The head of any other agency that the department determines
16 to be appropriate.
17 (4) The department shall ensure the program complements and
18 enhances, and does not conflict with, other broadband initiatives and
19 programs.
20 (5) The department may adopt rules as necessary to carry out this
21 section and sections 4 through 9 of this act.
22 NEW SECTION. Sec. 4. (1) The official of a local jurisdiction
23 that wishes to be awarded a grant under section 3 of this act shall,
24 from among entities that are eligible under subsection (2) of this
25 section, select an administering entity for that local jurisdiction,
26 which shall:
27 (a) Serve as the recipient of, and administering agent for, any
28 grant awarded to the local jurisdiction under section 5 or 6 of this
29 act;
30 (b) Develop, implement, and oversee the digital equity plan for
31 the local jurisdiction described in section 5 of this act;
32 (c) Make subgrants to any entity included as a key stakeholder,
33 under section 5(1)(d) of this act, that is located in the local
34 jurisdiction in support of:
35 (i) The digital equity plan for the local jurisdiction; and
36 (ii) Digital inclusion activities in the local jurisdiction
37 generally; and
Code Rev/KS:akl 5 H-3807.2/20 2nd draft
1 (d) Serve as an advocate for digital equity policy and digital
2 inclusion activities and a repository of best practice materials
3 regarding the policies and activities.
4 (2) The following entities may serve as the administering entity
5 for a local jurisdiction if the entity has demonstrated a capacity to
6 administer the digital equity competitive grant program:
7 (a) The local jurisdiction, a political subdivision, agency, or
8 other municipal or quasi-municipal corporation of the local
9 jurisdiction, or an Indian tribe located in the local jurisdiction;
10 (b) A foundation, corporation, institution, association, or
11 coalition that is a not-for-profit entity, located in the local
12 jurisdiction and not a school;
13 (c) A community anchor institution, other than a school, that is
14 located in the local jurisdiction;
15 (d) A local educational agency that is located in the local
16 jurisdiction;
17 (e) An entity located in the local jurisdiction that carries out
18 a workforce development program;
19 (f) An agency of the local jurisdiction that is responsible for
20 administering or supervising adult education and literacy activities
21 in the local jurisdiction;
22 (g) A public housing authority that is located in the local
23 jurisdiction; and
24 (h) A partnership between any of the entities described in (a)
25 through (g) of this subsection.
26 NEW SECTION. Sec. 5. (1) A local jurisdiction that wishes to be
27 awarded a grant under this section or section 6 of this act shall
28 develop a digital equity plan for the local jurisdiction, which shall
29 include:
30 (a) The identification of the barriers to digital equity faced by
31 covered populations in the local jurisdiction;
32 (b) Measurable objectives for documenting and promoting, among
33 covered populations in that local jurisdiction, including:
34 (i) The availability of, and affordability of access to, fixed
35 and wireless broadband technology;
36 (ii) The online accessibility and inclusivity of public resources
37 and services;
38 (iii) Digital literacy;
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1 (iv) Awareness of, and the use of, measures to secure the online
2 privacy of, and cybersecurity with respect to, an individual; and
3 (v) The availability and affordability of consumer devices and
4 technical support for those devices;
5 (c) An assessment of how the objectives described in (b) of this
6 subsection will impact and interact with the local jurisdiction's:
7 (i) Economic and workforce development goals, plans, and
8 outcomes;
9 (ii) Educational outcomes;
10 (iii) Health outcomes;
11 (iv) Civic and social engagement; and
12 (v) Delivery of other essential services;
13 (d) A description of how the local jurisdiction plans to
14 collaborate with key stakeholders in the local jurisdiction in order
15 to achieve the objectives described in (b) of this subsection, which
16 may include:
17 (i) Community anchor institutions;
18 (ii) County and municipal governments;
19 (iii) Local educational agencies;
20 (iv) Where applicable, Indian tribes;
21 (v) Nonprofit organizations;
22 (vi) Organizations that represent the following:
23 (A) Individuals with disabilities, including organizations that
24 represent children with disabilities;
25 (B) Aging individuals;
26 (C) Individuals with language barriers, including individuals who
27 are English learners or who have low levels of literacy;
28 (D) Veterans; and
29 (E) Incarcerated individuals in that local jurisdiction;
30 (vii) Civil rights organizations;
31 (viii) Entities that carry out workforce development programs;
32 (ix) Agencies of the local jurisdiction that are responsible for
33 administering or supervising adult education and literacy activities
34 in the local jurisdiction;
35 (x) Public housing authorities in the local jurisdiction; and
36 (xi) A partnership between any of the entities described in
37 (d)(i) through (x) of this subsection (1); and
38 (e) A list of organizations with which the administering entity
39 for the local jurisdiction collaborated in developing and
40 implementing the digital equity plan.
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1 (2)(a) The administering entity for a local jurisdiction shall
2 make the digital equity plan available for public comment for a
3 period of not less than thirty days before the date on which the
4 local jurisdiction submits an application to the department under
5 section 6(2) of this act.
6 (b) The administering entity for a local jurisdiction shall,
7 before submitting the application, consider all comments received
8 during the comment period with respect to the application and make
9 any changes to the plan that the administering entity determines to
10 be worthwhile.
11 (c) The administering entity for a local jurisdiction shall, when
12 submitting the application, describe any changes pursued by the
13 administering entity in response to comments received during the
14 comment period and include a written response to each comment
15 received during the comment period.
16 (3)(a) Subject to the availability of amounts appropriated for
17 this specific purpose, beginning July 1, 2022, the department shall,
18 in accordance with the requirements of this subsection (3), award
19 planning grants to local jurisdictions for the purpose of developing
20 the digital equity plans of those local jurisdictions.
21 (b) In order to be awarded a planning grant, a local jurisdiction
22 shall submit to the department an application under (c) of this
23 subsection. A local jurisdiction is not eligible to receive a
24 planning grant if the local jurisdiction was previously awarded a
25 planning grant under this subsection (3).
26 (c) A local jurisdiction that wishes to be awarded a planning
27 grant under this subsection (3) shall, not later than ninety days
28 after the date on which the notice of funding availability with
29 respect to the grant is released, submit to the department an
30 application, in a format to be determined by the department, that
31 contains the following materials:
32 (i) A description of the entity selected to serve as the
33 administering entity for the local jurisdiction, as described in
34 section 4 of this act;
35 (ii) A certification from the local jurisdiction that, not later
36 than one year after the date on which the department awards the
37 planning grant to the local jurisdiction, the administering entity
38 for that local jurisdiction shall develop a digital equity plan,
39 which the administering entity shall submit to the department. The
40 local jurisdiction must comply with the requirements of this
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1 subsection, including the public comment requirements under
2 subsection (2)(b) of this section; and
3 (iii) The assurances required under section 7 of this act.
4 (d)(i) A planning grant awarded to an eligible local jurisdiction
5 under this subsection (3) shall be determined according to the
6 formula under section 6(3)(a)(i) of this act.
7 (A) With respect to a planning grant awarded to an eligible local
8 jurisdiction under this subsection (3), the local jurisdiction shall
9 expend the grant funds during the one-year period beginning on the
10 date on which the local jurisdiction is awarded the grant funds. The
11 department may grant an extension not longer than one hundred eighty
12 days.
13 (B) The department shall ensure that any eligible local
14 jurisdiction to which a planning grant is awarded under this
15 subsection (3) may appeal or otherwise challenge in a timely fashion
16 the amount of the grant awarded to the local jurisdiction.
17 (ii) An eligible local jurisdiction to which a planning grant is
18 awarded under this subsection (3) shall, through the administering
19 entity for that local jurisdiction, use the grant funds only for the
20 following purposes:
21 (A) To develop the digital equity plan of the local jurisdiction;
22 and
23 (B) To make subgrants to any of the entities described in
24 subsection (1)(d) of this section to assist in the development of the
25 digital equity plan of the local jurisdiction. The administering
26 entity shall, with respect to any subgrant issued, provide to the
27 local jurisdiction the assurances required under section 7 of this
28 act.
29 NEW SECTION. Sec. 6. (1) Subject to the availability of amounts
30 appropriated for this specific purpose, beginning not later than two
31 years after the date on which the department begins awarding planning
32 grants under section 5(3) of this act, the department shall award
33 grants to eligible local jurisdictions annually to support:
34 (a) The implementation of the digital equity plans of those local
35 jurisdictions; and
36 (b) Digital inclusion activities in those local jurisdictions.
37 (2) A local jurisdiction that wishes to be awarded a grant under
38 this section shall, not later than sixty days after the date on which
39 the notice of funding availability with respect to the grant is
Code Rev/KS:akl 9 H-3807.2/20 2nd draft
1 released, submit to the department an application, in a format to be
2 determined by the department, that contains the following materials:
3 (a) A description of the entity selected to serve as the
4 administering entity for the local jurisdiction;
5 (b) The digital equity plan of that local jurisdiction;
6 (c) A certification that the local jurisdiction, acting through
7 the administering entity, shall implement the digital equity plan and
8 make grants in a manner that is consistent with the aims of the
9 digital equity plan;
10 (d) The assurances required under section 7 of this act; and
11 (e) Any amendments to the digital equity plan for a local
12 jurisdiction that has been previously awarded a grant under this
13 section. The amendments included must be compared with the digital
14 equity plan of the local jurisdiction previously submitted.
15 (3)(a)(i) Subject to the requirements set forth in (a)(ii) and
16 (iii) of this subsection (3), the department shall calculate the
17 amount of a grant awarded to an eligible local jurisdiction under
18 this subsection in accordance with the following criteria, using the
19 best available data for all local jurisdictions for the fiscal year
20 in which the grant is awarded:
21 (A) Fifty percent of the total grant amount shall be based on the
22 population of the eligible local jurisdiction in proportion to the
23 total population of all eligible local jurisdictions.
24 (B) Twenty-five percent of the total grant amount shall be based
25 on the number of individuals in the eligible local jurisdiction who
26 are covered populations in proportion to the total number of
27 individuals in all eligible local jurisdictions who are covered
28 populations.
29 (C) Twenty-five percent of the total grant amount shall be based
30 on the comparative lack of availability and adoption of broadband in
31 the eligible local jurisdiction in proportion to the lack of
32 availability and adoption of broadband of all eligible local
33 jurisdictions, which shall be determined according to data collected
34 from:
35 (I) The federal communications commission;
36 (II) The American community survey or, if necessary, other data
37 collected by the United States bureau of the census;
38 (III) The internet and computer use supplement to the current
39 population survey of the United States bureau of the census;
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1 (IV) Other valid and reliable research, such as local surveys,
2 that identify digital inclusion service needs and gaps in the
3 jurisdiction; and
4 (V) Any other source that the department, after appropriate
5 notice and opportunity for public comment, determines to be
6 appropriate.
7 (ii) The amount of a grant awarded to an eligible local
8 jurisdiction under this subsection (3) in a fiscal year shall be not
9 less than one-half of one percent of the total amount made available
10 to award grants to eligible local jurisdictions for that fiscal year.
11 (iii) After awarding planning grants and capacity grants to
12 eligible local jurisdictions in a fiscal year, the department shall
13 distribute any remaining amounts to carry out this section to
14 eligible local jurisdictions to which the department has awarded
15 grants under this subsection (3) for that fiscal year in accordance
16 with the formula described in (a)(i) of this subsection (3).
17 (b) With respect to a grant awarded to an eligible local
18 jurisdiction under this subsection, the eligible local jurisdiction
19 shall expend the grant funds up to five years after the date on which
20 the eligible local jurisdiction is awarded the grant funds, depending
21 on the scope, to be determined in awarding the grant and contract.
22 (c) The department shall ensure that any eligible local
23 jurisdiction to which a grant is awarded under this subsection (3)
24 may appeal or otherwise challenge in a timely fashion the amount of
25 the grant awarded to the local jurisdiction.
26 (d) The administering entity for an eligible local jurisdiction
27 to which a grant is awarded under this subsection (3) shall use the
28 grant amounts for the following purposes:
29 (i) To update or maintain the digital equity plan of the local
30 jurisdiction. An administering entity for an eligible local
31 jurisdiction to which a grant is awarded under this subsection may
32 use not more than twenty percent of the amount of the grant for this
33 purpose;
34 (ii) To implement the digital equity plan of the local
35 jurisdiction;
36 (iii)(A) Subject to (d)(iii)(B) of this subsection (3), to award
37 a grant to any eligible entity located in the local jurisdiction in
38 order to:
39 (I) Assist in the implementation of the digital equity plan of
40 the local jurisdiction;
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1 (II) Pursue digital inclusion activities in the local
2 jurisdiction consistent with the digital equity plan of the local
3 jurisdiction; and
4 (III) Report to the local jurisdiction regarding the digital
5 inclusion activities of the entity.
6 (B) Before an administering entity for an eligible local
7 jurisdiction may award a grant under this section, the administering
8 entity shall require the entity to which the grant is awarded to
9 certify that:
10 (I) The entity shall carry out the activities required under this
11 subsection (3)(d);
12 (II) The receipt of the grant shall not result in unjust
13 enrichment of the entity; and
14 (III) The administering entity shall cooperate with any
15 evaluation carried out by or for the administering entity or the
16 department for any program that relates to a grant awarded to the
17 entity;
18 (iv) To evaluate the efficacy of the efforts funded by grants
19 made under (d)(iii) of this subsection. An administering entity for
20 an eligible local jurisdiction to which a grant is awarded under this
21 section may use not more than five percent of the amount of the grant
22 for this purpose; and
23 (v) For the administrative costs incurred in carrying out the
24 activities under this subsection (3)(d). An administering entity for
25 an eligible local jurisdiction to which a grant is awarded under this
26 section may use not more than three percent of the amount of the
27 grant for this purpose.
28 (4) A grant or subgrant awarded under this section shall
29 supplement, not supplant, other federal or state funds that have been
30 made available for this purpose.
31 NEW SECTION. Sec. 7. When applying for a grant under section 5
32 or 6 of this act, a local jurisdiction shall include in the
33 application assurances that:
34 (1)(a) The local government shall use the grant funds in
35 accordance with any applicable statute, regulation, and application
36 procedure.
37 (b) The administering entity for that local jurisdiction shall
38 adopt and use proper methods of administering any grant that the
39 local government is awarded, including by:
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1 (i) Enforcing any obligation imposed under law on any agency,
2 institution, organization, or other entity that is responsible for
3 carrying out the program to which the grant relates;
4 (ii) Correcting any deficiency in the operation of a program to
5 which the grant relates, as identified through an audit or another
6 monitoring or evaluation procedure; and
7 (iii) Adopting written procedures for the receipt and resolution
8 of complaints alleging a violation of law with respect to a program
9 to which the grant relates.
10 (c) The administering entity for that local jurisdiction shall
11 cooperate in carrying out any evaluation of any program that relates
12 to a grant awarded to the covered recipient and that is carried out
13 by or for the department or another state official;
14 (2) The administering entity for that local jurisdiction shall:
15 (a) Use fiscal control and fund accounting procedures that ensure
16 the proper disbursement of, and accounting for, any federal or state
17 funds that the local jurisdiction is awarded under section 5 or 6 of
18 this act.
19 (b) Submit to the department any reports that may be necessary to
20 enable the department to perform the duties of the department.
21 (c) Maintain any records and provide any information to the
22 department, including those records, that the department determines
23 is necessary to enable the department to perform the duties of the
24 department under this section.
25 (d) With respect to any significant proposed change or amendment
26 to the digital equity plan for the local jurisdiction, make the
27 change or amendment available for public comment in accordance with
28 section 5(2) of this act; and
29 (3) The local jurisdiction, before submitting to the department
30 the digital equity plan of the local jurisdiction, has complied with
31 the public comment requirements of section (5)(2) of this act.
32 NEW SECTION. Sec. 8. (1) The department shall terminate a grant
33 awarded to an eligible local jurisdiction under this section if,
34 after notice to the local jurisdiction and opportunity for a hearing,
35 the department:
36 (a) Presents to the local jurisdiction a rationale and supporting
37 information that clearly demonstrates the grant funds are not
38 contributing to the development or execution of the digital equity
39 plan of the local jurisdiction, as applicable, and the local
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1 jurisdiction is not upholding assurances made by the state to the
2 department under section 7 of this act; and
3 (b) Determines that the grant is no longer necessary to achieve
4 the original purpose for which department awarded the grant.
5 (2) The department shall redistribute unspent grant amounts,
6 resulting from the termination of a grant under subsection (1) of
7 this section, to eligible local jurisdictions to which the department
8 has awarded grants under section 5 or 6 of this act for that fiscal
9 year in accordance with the formula described under section 6(3) of
10 this act.
11 NEW SECTION. Sec. 9. (1)(a) The department shall require any
12 entity to which a grant, including a subgrant, is awarded under
13 section 5 or 6 of this act to publicly report, for each year during
14 the period described in section 5 or 6 of this act, as applicable,
15 with respect to the grant, and in a format specified by the
16 department. The report must include the following:
17 (i) The use of that grant by the entity;
18 (ii) The progress of the entity towards fulfilling the objectives
19 for which the grant was awarded; and
20 (iii) The implementation of the digital equity plan of the local
21 jurisdiction.
22 (b) The department shall establish appropriate mechanisms to
23 ensure that each eligible local jurisdiction to which a grant is
24 awarded under section 5 or 6 of this act uses the grant amounts in an
25 appropriate manner and complies with all terms with respect to the
26 use of the grant amounts.
27 (c) The department shall create and maintain a fully searchable
28 database, which shall be accessible on the internet at no cost to the
29 public, that contains, at a minimum:
30 (i) The application of each local jurisdiction that has applied
31 for a grant under this section;
32 (ii) The status of each application;
33 (iii) Each report submitted by an entity;
34 (iv) A record of public comments made regarding the digital
35 equity plan of a local jurisdiction and any written responses to or
36 actions taken as a result of those comments; and
37 (v) Any other information that is sufficient to allow the public
38 to understand and monitor grants awarded under this section.
Code Rev/KS:akl 14 H-3807.2/20 2nd draft
1 (2) The department may establish additional reporting and
2 information requirements for any recipient of a grant under this
3 section.
4 NEW SECTION. Sec. 10. (1) Subject to the availability of
5 amounts appropriated for this specific purpose, not later than thirty
6 days after the date on which the department begins awarding capacity
7 grants under section 6 of this act, and not before that date, the
8 department shall establish the digital equity competitive grant
9 program, the purpose of which is to award grants to support efforts
10 to achieve digital equity, promote digital inclusion activities, and
11 spur greater adoption of broadband among covered populations.
12 (2) In establishing the program under subsection (1) of this
13 section, the department:
14 (a) May consult with local jurisdictions to identify covered
15 populations located in that local jurisdiction and allocate grant
16 funds within that local jurisdiction for projects in or affecting the
17 local jurisdiction; and
18 (b) Shall consult with representatives of the following entities:
19 (i) The statewide broadband office;
20 (ii) The public works board;
21 (iii) The utilities and transportation commission;
22 (iv) The community economic revitalization board;
23 (v) The office of minority and women's business enterprises;
24 (vi) The department of veterans affairs;
25 (vii) The consolidated technology services agency;
26 (viii) The office of financial management;
27 (ix) The workforce training and education board;
28 (x) State, tribal, and local organizations with expertise in
29 providing digital inclusion, digital equity, or digital literacy
30 services; and
31 (xi) The head of any other agency that the department determines
32 to be appropriate.
33 (3) The department shall ensure the program complements and
34 enhances, and does not conflict with, other broadband initiatives and
35 programs.
36 (4) The department may prescribe such rules as may be necessary
37 to carry out this section.
Code Rev/KS:akl 15 H-3807.2/20 2nd draft
1 NEW SECTION. Sec. 11. (1) The department may award a grant
2 under the program to any of the following entities if the entity is
3 not serving, and has not served, as the administering entity for a
4 local jurisdiction under section 4(2) of this act:
5 (a) A political subdivision, agency, or other municipal or quasi-
6 municipal corporation of the local jurisdiction, including an agency
7 that is responsible for administering or supervising adult education
8 and literacy activities in the local jurisdiction;
9 (b) An Indian tribe;
10 (c) A foundation, corporation, institution, or association that
11 is a not-for-profit entity;
12 (d) A community anchor institution;
13 (e) A local educational agency;
14 (f) An entity that carries out a workforce development program;
15 (g) A partnership between any of the entities described in (a)
16 through (f) of this subsection; and
17 (h) A partnership between an entity described in (a) through (f)
18 of this subsection and an entity that the department, by rule,
19 determines to be in the public interest.
20 (2) The administering entity selected under subsection (1) of
21 this section may not be a school.
22 NEW SECTION. Sec. 12. (1) An entity that wishes to be awarded a
23 grant under the program shall submit to the department an application
24 at such time, in such form, and containing such information as the
25 department may require.
26 (2) The application under subsection (1) of this section must:
27 (a) Provide a detailed explanation of how the entity will use any
28 grant amounts awarded under the program to carry out the purposes of
29 the program in an efficient and expeditious manner;
30 (b) Identify the period in which the applicant will expend the
31 grant funds awarded under the program;
32 (c) Include a justification for the amount of the grant that the
33 applicant is requesting and, for each fiscal year in which the
34 applicant will expend the grant funds, a budget for the activities
35 that the grant funds will support;
36 (d) Demonstrate, to the satisfaction of the department, that the
37 entity:
38 (i) Is capable of carrying out the project or function to which
39 the application relates;
Code Rev/KS:akl 16 H-3807.2/20 2nd draft
1 (ii) Is capable of carrying out the reporting requirements
2 described under section 17 of this act in a competent manner that is
3 in compliance with all applicable federal, state, and local laws; and
4 (iii) If the administering entity, shall appropriate or otherwise
5 unconditionally obligate from nonfederal sources funds that are
6 necessary to meet the requirements of section 14 of this act;
7 (e) Disclose to the department the source and amount of other
8 federal, state, or outside funding sources from which the entity
9 receives, or has applied for, funding for activities or projects to
10 which the application relates; and
11 (f) Provide the assurances that are required under section 15 of
12 this act. The application must also provide an assurance that the
13 entity shall follow such additional procedures as the department may
14 require to ensure that grant funds are used and accounted for in an
15 appropriate manner.
16 NEW SECTION. Sec. 13. (1) In deciding whether to award a grant
17 under the program, the department shall, to the extent practicable,
18 consider:
19 (a) Whether the application would, if approved:
20 (i) Increase internet access and the adoption of broadband among
21 covered populations to be served by the applicant; and
22 (ii) Not result in unjust enrichment;
23 (b) Whether the applicant is, or plans to subcontract with, a
24 socially and economically disadvantaged small business concern;
25 (c) The comparative geographic diversity of the application in
26 relation to other eligible applications; and
27 (d) The extent to which an application may duplicate or conflict
28 with another program.
29 (2)(a) In addition to the evaluation activities required under
30 (b) of this subsection, an entity to which the department awards a
31 grant under the program shall use the grant amounts to support not
32 less than one of the following activities:
33 (i) To develop and implement digital inclusion activities that
34 benefit covered populations;
35 (ii) To facilitate the adoption of broadband by covered
36 populations in order to provide educational and employment
37 opportunities to those populations;
Code Rev/KS:akl 17 H-3807.2/20 2nd draft
1 (iii) To implement, consistent with the purposes of this chapter,
2 workforce development programs or other training programs for covered
3 populations that cover basic, advanced, and applied skills;
4 (iv) To make available equipment, instrumentation, networking
5 capability, hardware and software, or digital network technology for
6 broadband services to covered populations at low or no cost;
7 (v) To construct, upgrade, expend, or operate new or existing
8 public access computing centers for covered populations through
9 community anchor institutions; or
10 (vi) To undertake any other project and activity that the
11 department finds to be consistent with the purposes for which the
12 program is established.
13 (b)(i) An entity to which the department awards a grant under the
14 program shall use not more than ten percent of the grant amounts to
15 measure and evaluate the activities supported with the grant amounts.
16 (ii) An entity to which the department awards a grant under the
17 program shall annually submit to the department each measurement and
18 evaluation, in a manner specified by the department, no later than
19 fifteen months after the date on which the entity is awarded the
20 grant amounts for any year in which the entity expends grant amounts.
21 (c) An entity to which the department awards a grant under the
22 program may use not more than ten percent of the amount of the grant
23 for administrative costs in carrying out any of the activities
24 described in (a) of this subsection.
25 (d) An entity awarded a grant under this subsection shall expend
26 the grant amounts during the four year period beginning on the date
27 on which the entity is awarded the grant amounts. During the one year
28 period beginning on the date that is four years after the date on
29 which the entity is awarded the grant amounts, the entity may
30 continue to measure and evaluate the activities supported with the
31 grant amounts, as required under (b) of this subsection.
32 (3) A grant or subgrant awarded under this section shall
33 supplement, not supplant, other federal or state funds that have been
34 made available to carry out activities described in this section.
35 NEW SECTION. Sec. 14. (1) Except as provided in subsection (2)
36 of this section, the state share of any project for which the
37 department awards a grant under the competitive grant program
38 established under section 6 of this act may not exceed ninety
39 percent.
Code Rev/KS:akl 18 H-3807.2/20 2nd draft
1 (2) The department may grant a waiver with respect to the
2 limitation on the state share of a project described in subsection
3 (1) of this section if:
4 (a) The applicant with respect to the project petitions the
5 department for the waiver; and
6 (b) The department determines that the applicant petition
7 demonstrates financial need.
8 NEW SECTION. Sec. 15. When applying for a grant under this
9 chapter, an entity shall include in the application for that grant
10 assurances that the entity shall:
11 (1) Use any grant funds that the entity is awarded in accordance
12 with any applicable statute, regulation, and application procedure to
13 the extent required under applicable law;
14 (2) Adopt and use proper methods of administering any grant that
15 the entity is awarded, including by:
16 (a) Enforcing any obligation imposed under law on any agency,
17 institution, organization, or other entity that is responsible for
18 carrying out a program to which the grant relates;
19 (b) Correcting any deficiency in the operation of a program to
20 which the grant relates, as identified through an audit or another
21 monitoring or evaluation procedure; and
22 (c) Adopting written procedures for the receipt and resolution of
23 complaints alleging a violation of law with respect to a program to
24 which the grant relates;
25 (3) Cooperate with respect to any evaluation of any program that
26 relates to a grant awarded to the entity, including an evaluation
27 carried out by or for the department or another state official;
28 (4) Use fiscal control and fund accounting procedures that ensure
29 the proper disbursement of, and accounting for, any state funds that
30 the entity is awarded under the program;
31 (5) Submit to the department any reports that may be necessary to
32 enable the department to perform the duties of the department under
33 the program; and
34 (6) Maintain any records and provide any information to the
35 department, including those records, that the department determines
36 is necessary to enable the department to perform the duties of the
37 department under the program.
Code Rev/KS:akl 19 H-3807.2/20 2nd draft
1 NEW SECTION. Sec. 16. (1) In addition to other authority under
2 applicable law, the department may deobligate or terminate a grant
3 awarded to an entity under this chapter if, after notice to the
4 entity and opportunity for a hearing, the department:
5 (a) Presents to the entity a rationale and supporting information
6 that clearly demonstrates that:
7 (i) The grant funds are not being used in a manner that is
8 consistent with the application with respect to the grant submitted
9 by the entity under section 12 of this act; and
10 (ii) The entity is not upholding assurances made by the entity to
11 the department under section 15 of this act; or
12 (b) Determines that the grant is no longer necessary to achieve
13 the original purpose for which the department awarded the grant.
14 (2) The department may, with respect to any grant funds that the
15 department deobligates or terminates under subsection (1) of this
16 section, competitively award the grant funds to another applicant,
17 consistent with the requirements of this section.
18 NEW SECTION. Sec. 17. (1)(a) The department shall require any
19 entity to which the department awards a grant under the program to,
20 for each year during the period described in section 13(2)(d) of this
21 act with respect to the grant, submit to the department a report, in
22 a format specified by the department, regarding:
23 (i) The amount of the grant;
24 (ii) The use by the entity of the grant amounts; and
25 (iii) The progress of the entity towards fulfilling the
26 objectives for which the grant was awarded.
27 (b) The department shall establish mechanisms to ensure
28 appropriate use of, and compliance with respect to all terms
29 regarding, grant funds awarded under the program.
30 (c) The department shall create and maintain a fully searchable
31 database, which shall be accessible on the internet at no cost to the
32 public, that contains, at a minimum:
33 (i) A list of each entity that has applied for a grant under the
34 program;
35 (ii) A description of each grant application under the program,
36 including the proposed purpose of each grant described;
37 (iii) The status of each grant application under the program,
38 including whether the department has awarded a grant with respect to
39 the application and, if applicable, the amount of the grant;
Code Rev/KS:akl 20 H-3807.2/20 2nd draft
1 (iv) Each report submitted by an entity under (a) of this
2 subsection;
3 (v) All work products described under section 18(3) of this act
4 that exemplify best practices, or serve as examples, curriculum, and
5 tools for other digital inclusion projects; and
6 (vi) Any other information that is sufficient to allow the public
7 to understand and monitor grants awarded under the program.
8 (d) The department shall ensure that any entity with respect to
9 which an award is deobligated or terminated under section 16 of this
10 act may, in a timely manner, appeal or otherwise challenge that
11 deobligation or termination, as applicable.
12 (2) The department may establish additional reporting and
13 information requirements for any recipient of a grant under the
14 program.
15 NEW SECTION. Sec. 18. (1) Not later than one year after the
16 date on which the department begins awarding grants under section
17 6(1) of this act, and annually thereafter, the department shall:
18 (a) Submit to the appropriate committees of the legislature a
19 report that documents, for the year covered by the report:
20 (i) The findings of each evaluation conducted under (b) of this
21 subsection;
22 (ii) A list of each grant awarded under each covered program,
23 which shall include:
24 (A) The amount of each such grant;
25 (B) The recipient of each such grant; and
26 (C) The purpose for which each such grant was awarded;
27 (iii) Any deobligation, termination, or modification of a grant
28 awarded under the covered programs, which shall include a description
29 of the subsequent usage of any funds to which such an action applies;
30 and
31 (iv) Each challenge made by an applicant for, or a recipient of,
32 a grant under the covered programs and the outcome of each such
33 challenge; and
34 (b) Conduct evaluations of the activities carried out under the
35 covered programs, which shall include an evaluation of:
36 (i) Whether eligible local jurisdictions to which grants are
37 awarded under the program established under section 3 of this act
38 are:
Code Rev/KS:akl 21 H-3807.2/20 2nd draft
1 (A) Abiding by the assurances made by those local jurisdictions
2 under section 7 of this act;
3 (B) Meeting, or have met, the stated goals of the digital equity
4 plans developed by the local jurisdictions under section 5 of this
5 act;
6 (C) Satisfying the reporting requirements imposed by the
7 department on local jurisdictions under section 9 of this act; and
8 (D) In compliance with any other rules, requirements, or
9 regulations adopted by the department in implementing that program;
10 and
11 (ii) Whether entities to which grants are awarded under the
12 program established under section 10 of this act are:
13 (A) Abiding by the assurances made by those entities under
14 section 15 of this act;
15 (B) Meeting, or have met, the stated goals of those entities with
16 respect to the use of the grant amounts;
17 (C) Satisfying the requirements imposed by the department on
18 those local jurisdictions under section 17 of this act; and
19 (D) In compliance with any other rules, requirements, or
20 regulations adopted by the department in implementing that program.
21 (2) The department shall make each report submitted under
22 subsection (1)(a) of this section publicly available in an online
23 format that facilitates access and ease of use, is searchable, and is
24 accessible including to individuals with disabilities and in
25 languages other than English.
26 (3) The department shall develop grant work products that
27 exemplify best practices, or serve as examples, curriculum, and tools
28 for other digital inclusion projects.
29 NEW SECTION. Sec. 19. The department may award grants and enter
30 into contracts, cooperative agreements, and other arrangements with
31 state agencies, public and private organizations, and other entities
32 with expertise that the department determines appropriate in order
33 to:
34 (1) Evaluate the impact and efficacy of activities supported by
35 grants awarded under the covered programs; and
36 (2) Develop, catalog, disseminate, and promote the exchange of
37 best practices, both with respect to and independent of the covered
38 programs, in order to achieve digital equity.
Code Rev/KS:akl 22 H-3807.2/20 2nd draft
1 NEW SECTION. Sec. 20. In carrying out section 18 of this act,
2 and to further the objectives described in section 19 of this act,
3 the department shall conduct ongoing collaboration and consult with:
4 (1) The statewide broadband office;
5 (2) The public works board;
6 (3) The utilities and transportation commission;
7 (4) The community economic revitalization board;
8 (5) The office of minority and women's business enterprises;
9 (6) The department of veterans affairs;
10 (7) The consolidated technology services agency;
11 (8) The office of financial management;
12 (9) State agencies and local jurisdiction officials;
13 (10) Entities serving as administering entities for local
14 jurisdictions under section 4 of this act;
15 (11) National, state, tribal, and local organizations that
16 provide digital inclusion, digital equity, or digital literacy
17 services;
18 (12) Researchers, academics, and philanthropic organizations; and
19 (13) Other agencies, organizations, entities, and community
20 stakeholders, as determined appropriate by the department.
21 NEW SECTION. Sec. 21. (1) The department shall provide
22 technical support and assistance, assistance to entities to prepare
23 the applications of those entities with respect to grants awarded
24 under the covered programs, and other resources, to the extent
25 practicable, to ensure consistency in data reporting and to meet the
26 objectives of this section.
27 (2) Technical support and assistance provided by the department
28 includes introductory workshops to assist entities preparing
29 applications with respect to grants awarded under covered programs.
30 The department shall provide introductory workshops ten weeks prior
31 to the applicable application due date, and the department shall
32 provide notice at least six weeks prior to holding the workshop.
33 NEW SECTION. Sec. 22. (1) No individual in the United States
34 may, on the basis of actual or perceived race, color, religion,
35 national origin, sex, gender identity, sexual orientation, age, or
36 disability, be excluded from participation in, be denied the benefits
37 of, or be subjected to discrimination under any program or activity
Code Rev/KS:akl 23 H-3807.2/20 2nd draft
1 that is funded in whole or in part with funds made available under
2 this chapter.
3 (2) The department shall effectuate subsection (1) of this
4 section with respect to any program or activity by issuing
5 regulations and taking actions consistent with chapter 49.60 RCW.
6 (3) Judicial review of an action taken by the department under
7 subsection (2) of this section shall be available to the extent
8 provided in chapter 49.60 RCW.
9 NEW SECTION. Sec. 23. The department shall, to the extent
10 practicable, carry out this chapter in a technologically neutral
11 manner.
12 NEW SECTION. Sec. 24. Sections 1 through 23 of this act
13 constitute a new chapter in Title 43 RCW.
14 NEW SECTION. Sec. 25. This act takes effect July 1, 2021.
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Code Rev/KS:akl 24 H-3807.2/20 2nd draft
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