Proposed Substitute - PSHB 2414 (H-3990.1/20), Digital Equity
Summary
PSHB 2414 (H-3990.1/20), a proposed substitute for HB 2414 on digital equity, attributed to Hudgins, with a summary of the current version followed by the bill text. The summary says the bill establishes the Digital Capacity Grant Program and the Digital Competitive Grant Program under the Department of Commerce, and that the state share of any Competitive Grant Program project may not exceed 90 percent of total project funds. It lists changes in the substitute, including that a local jurisdiction has 90 days, rather than 60 days, after the notice of funding availability to submit a planning grant application. The bill text states that the act takes effect July 1, 2021.
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Cite this document
“Proposed Substitute - PSHB 2414 (H-3990.1/20), Digital Equity.”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-01-24-a26338-d210631-2414-pshb-h-3990-1-4ab3246796/
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PSHB 2414 (H-3990.1/20) (Rep. Hudgins)
Current Version of the Bill:
• Establishes and sets forth requirements for the Digital Capacity Grant Program under the
Department of Commerce (Department).
• Requires local jurisdictions seeking a capacity grant to complete a Digital Equity Plan (Plan) that
identifies the barriers to digital equity faced by covered populations in the local jurisdiction.
• Requires local jurisdictions seeking a capacity grant 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 and sets forth requirements for the Digital Competitive Grant Program under the
Department for the stated purpose of supporting 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 grant-supported activities and
promote the exchange of best practices related to each program.
• Requires the Department to provide technical support and assistance to entities to prepare grant
applications awarded under covered programs.
• Provides that the state share of any Competitive Grant Program project for which the Department
awards a grant may not exceed 90 percent of total project funds.
• Establishes assurances that grant recipients agree to in grant applications, and uphold thereafter,
such as an assurance to adopt written complaint procedures.
• Sets forth certain requirements related to the provision of grants under each Program, including
eligibility, application and awarding procedure, use of funds, stakeholder collaboration,
termination of grant, program evaluation, and reporting requirements.
Proposed Substitute (H-3990.1/20) Compared to HB 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 authorized
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, rather than the requirement to expend funds within five years.
• 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.
• Requires the Department to add to its fully searchable database grant work products that
exemplify best practices, or serve as examples, curriculum, and tools.
• 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 building capacity for local jurisdictions and
5 supporting the implementation of a diverse array of digital equity
6 projects, such as providing digital literacy and digital skills
7 education to low-income populations, improving the online
8 accessibility of social services for individuals with disabilities,
9 and more accurately mapping broadband access and adoption in rural
10 communities.
11 NEW SECTION. Sec. 2. The definitions in this section apply
12 throughout this chapter unless the context clearly requires
13 otherwise.
14 (1) "Adoption of broadband" means the process by which an
15 individual obtains daily access to and is able to use the internet
16 that:
17 (a) Is at a speed, quality, and capacity necessary for the
18 individual to accomplish common tasks, such that the access qualifies
19 as an advanced telecommunications capability;
20 (b) Allows individuals the digital skills necessary to
21 participate online; and
22 (c) Is on a personal device that is on a secure and convenient
23 network.
24 (2) "Advanced telecommunications capability" means, without
25 regard to any transmission media or technology, high-speed, switched,
26 broadband telecommunications capability that enables users to
27 originate and receive high quality voice, data, graphics, and video
28 telecommunications using any technology.
29 (3) "Aging individual" means an individual sixty years of age or
30 older.
31 (4) "Community anchor institution" means a public school, a
32 library, a medical or health care provider, a community college or
33 other higher education institution, a library agency, and any other
34 nonprofit or governmental community support organization.
35 (5) "Covered household" means a household, the federal taxable
36 income of which is not more than one hundred fifty percent of an
37 amount equal to the poverty level, as determined by using criteria of
38 poverty established by the United States bureau of the census, for
39 the most recently completed taxable year.
Code Rev/KS:akl 2 H-3990.1/20
1 (6) "Covered populations" means:
2 (a) Individuals who live in covered households;
3 (b) Aging individuals;
4 (c) Incarcerated individuals;
5 (d) Veterans;
6 (e) Individuals with disabilities;
7 (f) Individuals with a language barrier, including individuals
8 who are English learners or who have low levels of literacy;
9 (g) Individuals who are members of a racial or ethnic minority
10 group; and
11 (h) Individuals who primarily reside in a rural area.
12 (7) "Covered programs" means the digital equity capacity grant
13 program established under section 3 of this act and the digital
14 equity competitive grant program established under section 10 of this
15 act.
16 (8) "Department" means the department of commerce.
17 (9) "Digital equity" means the condition in which individuals and
18 communities in Washington have the information and communications
19 technology capacity that is needed for full participation in society
20 and the economy.
21 (10)(a) "Digital inclusion" means the activities that are
22 necessary to ensure that all individuals in Washington have access
23 to, and the use of, affordable information and communication
24 technologies, including:
25 (i) Reliable fixed and wireless broadband internet service;
26 (ii) Internet-enabled devices that meet the needs of the user;
27 and
28 (iii) Applications and online content designed to enable and
29 encourage self-sufficiency, participation, and collaboration.
30 (b) "Digital inclusion" also includes obtaining access to digital
31 literacy training, the provision of quality technical support, and
32 obtaining basic awareness of measures to ensure online privacy and
33 cybersecurity.
34 (11) "Digital literacy" means the skills associated with using
35 technology to enable users to find, evaluate, organize, create, and
36 communicate information.
37 (12) "Disability" has the same meaning as defined in RCW
38 49.60.040.
39 (13) "Eligible local jurisdiction" means:
Code Rev/KS:akl 3 H-3990.1/20
1 (a) With respect to planning grants made available under section
2 5(3) of this act, a local jurisdiction with respect to which the
3 department has approved an application submitted to the department
4 under section 5(3)(c) of this act; and
5 (b) With respect to capacity grants awarded under section 6 of
6 this act, a local jurisdiction with respect to which the department
7 has approved an application submitted to the department under section
8 6(2) of this act, including approval of the digital equity plan
9 developed by the local jurisdiction under section 5 of this act.
10 (14) "Gender identity" means having or being perceived as having
11 a gender identity, self-image, appearance, behavior, or expression,
12 whether or not that gender identity, self-image, appearance,
13 behavior, or expression is different from that traditionally
14 associated with the sex assigned to that person at birth.
15 (15) "Higher education institution" has the meaning provided in
16 RCW 28B.07.020 and includes postsecondary vocational institutions.
17 (16) "Indian tribe" means any federally recognized Indian tribe
18 whose traditional lands and territories included parts of Washington.
19 (17) "Local educational agency" means a public board of education
20 or other public authority legally constituted within Washington for
21 either administrative control or direction of, or to perform a
22 service function for, public elementary schools or secondary schools
23 in a city, county, township, school district, or other political
24 subdivision, or of or for a combination of school districts or
25 counties that is recognized as an administrative agency for its
26 public elementary schools or secondary schools.
27 (18) "Postsecondary vocational institution" has the meaning
28 provided in 20 U.S.C. Sec. 1002(c).
29 (19) "Socially and economically disadvantaged small business
30 concern" has the meaning provided in 15 U.S.C. Sec. 637(a)(4).
31 (20) "Veteran" has the meaning provided in RCW 41.04.007.
32 NEW SECTION. Sec. 3. (1) The department shall establish a
33 digital equity capacity grant program for the purposes of promoting
34 the achievement of digital equity, supporting digital inclusion
35 activities, and building capacity for efforts by local jurisdictions
36 in Washington relating to the adoption of broadband by residents of
37 those local jurisdictions. The program shall ensure that local
38 jurisdictions have the capacity to promote the achievement of digital
39 equity and support digital inclusion activities.
Code Rev/KS:akl 4 H-3990.1/20
1 (2) Under the digital equity capacity grant program, the
2 department shall make grants to local jurisdictions in accordance
3 with the requirements under this section and sections 4 through 9 of
4 this act.
5 (3) The department shall consult with representatives of the
6 following individuals and entities in establishing the program under
7 subsection (1) of this section:
8 (a) The statewide broadband office;
9 (b) The public works board;
10 (c) The utilities and transportation commission;
11 (d) The community economic revitalization board;
12 (e) The office of minority and women's business enterprises;
13 (f) The department of veterans affairs;
14 (g) The consolidated technology services agency;
15 (h) The office of financial management;
16 (i) Digital equity service providers;
17 (j) Experts from local governments, entities conducting research,
18 nonprofit entities, libraries, and educational institutions; and
19 (k) The head of any other agency that the department determines
20 to be appropriate.
21 (4) The department shall ensure the program complements and
22 enhances, and does not conflict with, other broadband initiatives and
23 programs.
24 (5) The department may adopt rules as necessary to carry out this
25 section and sections 4 through 9 of this act.
26 NEW SECTION. Sec. 4. (1) The official of a local jurisdiction
27 that wishes to be awarded a grant under section 3 of this act shall,
28 from among entities that are eligible under subsection (2) of this
29 section, select an administering entity for that local jurisdiction,
30 which shall:
31 (a) Serve as the recipient of, and administering agent for, any
32 grant awarded to the local jurisdiction under section 5 or 6 of this
33 act;
34 (b) Develop, implement, and oversee the digital equity plan for
35 the local jurisdiction described in section 5 of this act;
36 (c) Make subgrants to any entity included as a key stakeholder,
37 under section 5(1)(d) of this act, that is located in the local
38 jurisdiction in support of:
39 (i) The digital equity plan for the local jurisdiction; and
Code Rev/KS:akl 5 H-3990.1/20
1 (ii) Digital inclusion activities in the local jurisdiction
2 generally; and
3 (d) Serve as an advocate for digital equity policy and digital
4 inclusion activities and a repository of best practice materials
5 regarding the policies and activities.
6 (2) The following entities may serve as the administering entity
7 for a local jurisdiction if the entity has demonstrated a capacity to
8 administer the digital equity competitive grant program:
9 (a) The local jurisdiction, a political subdivision, agency, or
10 other municipal or quasi-municipal corporation of the local
11 jurisdiction, or an Indian tribe located in the local jurisdiction;
12 (b) A foundation, corporation, institution, association, or
13 coalition that is a not-for-profit entity, located in the local
14 jurisdiction and not a school;
15 (c) A community anchor institution, other than a school, that is
16 located in the local jurisdiction;
17 (d) A local educational agency that is located in the local
18 jurisdiction;
19 (e) An entity located in the local jurisdiction that carries out
20 a workforce development program;
21 (f) An agency of the local jurisdiction that is responsible for
22 administering or supervising adult education and literacy activities
23 in the local jurisdiction;
24 (g) A public housing authority that is located in the local
25 jurisdiction; and
26 (h) A partnership between any of the entities described in (a)
27 through (g) of this subsection.
28 NEW SECTION. Sec. 5. (1) A local jurisdiction that wishes to be
29 awarded a grant under this section or section 6 of this act shall
30 develop a digital equity plan for the local jurisdiction, which shall
31 include:
32 (a) The identification of the barriers to digital equity faced by
33 covered populations in the local jurisdiction;
34 (b) Measurable objectives for documenting and promoting, among
35 covered populations in that local jurisdiction, including:
36 (i) The availability of, and affordability of access to, fixed
37 and wireless broadband technology;
38 (ii) The online accessibility and inclusivity of public resources
39 and services;
Code Rev/KS:akl 6 H-3990.1/20
1 (iii) Digital literacy;
2 (iv) Awareness of, and the use of, measures to secure the online
3 privacy of, and cybersecurity with respect to, an individual; and
4 (v) The availability and affordability of consumer devices and
5 technical support for those devices;
6 (c) An assessment of how the objectives described in (b) of this
7 subsection will impact and interact with the local jurisdiction's:
8 (i) Economic and workforce development goals, plans, and
9 outcomes;
10 (ii) Educational outcomes;
11 (iii) Health outcomes;
12 (iv) Civic and social engagement; and
13 (v) Delivery of other essential services;
14 (d) A description of how the local jurisdiction plans to
15 collaborate with key stakeholders in the local jurisdiction in order
16 to achieve the objectives described in (b) of this subsection, which
17 may include:
18 (i) Community anchor institutions;
19 (ii) County and municipal governments;
20 (iii) Local educational agencies;
21 (iv) Where applicable, Indian tribes;
22 (v) Nonprofit organizations;
23 (vi) Organizations that represent the following:
24 (A) Individuals with disabilities, including organizations that
25 represent children with disabilities;
26 (B) Aging individuals;
27 (C) Individuals with language barriers, including individuals who
28 are English learners or who have low levels of literacy;
29 (D) Veterans; and
30 (E) Incarcerated individuals in that local jurisdiction;
31 (vii) Civil rights organizations;
32 (viii) Entities that carry out workforce development programs;
33 (ix) Agencies of the local jurisdiction that are responsible for
34 administering or supervising adult education and literacy activities
35 in the local jurisdiction;
36 (x) Public housing authorities in the local jurisdiction; and
37 (xi) A partnership between any of the entities described in
38 (d)(i) through (x) of this subsection (1); and
Code Rev/KS:akl 7 H-3990.1/20
1 (e) A list of organizations with which the administering entity
2 for the local jurisdiction collaborated in developing and
3 implementing the digital equity plan.
4 (2)(a) The administering entity for a local jurisdiction shall
5 make the digital equity plan available for public comment for a
6 period of not less than thirty days before the date on which the
7 local jurisdiction submits an application to the department under
8 section 6(2) of this act.
9 (b) The administering entity for a local jurisdiction shall,
10 before submitting the application, consider all comments received
11 during the comment period with respect to the application and make
12 any changes to the plan that the administering entity determines to
13 be worthwhile.
14 (c) The administering entity for a local jurisdiction shall, when
15 submitting the application, describe any changes pursued by the
16 administering entity in response to comments received during the
17 comment period and include a written response to each comment
18 received during the comment period.
19 (3)(a) Subject to the availability of amounts appropriated for
20 this specific purpose, beginning July 1, 2022, the department shall,
21 in accordance with the requirements of this subsection (3), award
22 planning grants to local jurisdictions for the purpose of developing
23 the digital equity plans of those local jurisdictions.
24 (b) In order to be awarded a planning grant, a local jurisdiction
25 shall submit to the department an application under (c) of this
26 subsection. A local jurisdiction is not eligible to receive a
27 planning grant if the local jurisdiction was previously awarded a
28 planning grant under this subsection (3).
29 (c) A local jurisdiction that wishes to be awarded a planning
30 grant under this subsection (3) shall, not later than ninety days
31 after the date on which the notice of funding availability with
32 respect to the grant is released, submit to the department an
33 application, in a format to be determined by the department, that
34 contains the following materials:
35 (i) A description of the entity selected to serve as the
36 administering entity for the local jurisdiction, as described in
37 section 4 of this act;
38 (ii) A certification from the local jurisdiction that, not later
39 than one year after the date on which the department awards the
40 planning grant to the local jurisdiction, the administering entity
Code Rev/KS:akl 8 H-3990.1/20
1 for that local jurisdiction shall develop a digital equity plan,
2 which the administering entity shall submit to the department. The
3 local jurisdiction must comply with the requirements of this
4 subsection, including the public comment requirements under
5 subsection (2)(b) of this section; and
6 (iii) The assurances required under section 7 of this act.
7 (d)(i) A planning grant awarded to an eligible local jurisdiction
8 under this subsection (3) shall be determined according to the
9 formula under section 6(3)(a)(i) of this act.
10 (A) With respect to a planning grant awarded to an eligible local
11 jurisdiction under this subsection (3), the local jurisdiction shall
12 expend the grant funds during the one-year period beginning on the
13 date on which the local jurisdiction is awarded the grant funds. The
14 department may grant an extension not longer than one hundred eighty
15 days.
16 (B) The department shall ensure that any eligible local
17 jurisdiction to which a planning grant is awarded under this
18 subsection (3) may appeal or otherwise challenge in a timely fashion
19 the amount of the grant awarded to the local jurisdiction.
20 (ii) An eligible local jurisdiction to which a planning grant is
21 awarded under this subsection (3) shall, through the administering
22 entity for that local jurisdiction, use the grant funds only for the
23 following purposes:
24 (A) To develop the digital equity plan of the local jurisdiction;
25 and
26 (B) To make subgrants to any of the entities described in
27 subsection (1)(d) of this section to assist in the development of the
28 digital equity plan of the local jurisdiction. The administering
29 entity shall, with respect to any subgrant issued, provide to the
30 local jurisdiction the assurances required under section 7 of this
31 act.
32 NEW SECTION. Sec. 6. (1) Subject to the availability of amounts
33 appropriated for this specific purpose, beginning not later than two
34 years after the date on which the department begins awarding planning
35 grants under section 5(3) of this act, the department shall award
36 grants to eligible local jurisdictions annually to support:
37 (a) The implementation of the digital equity plans of those local
38 jurisdictions; and
39 (b) Digital inclusion activities in those local jurisdictions.
Code Rev/KS:akl 9 H-3990.1/20
1 (2) A local jurisdiction that wishes to be awarded a grant under
2 this section shall, not later than sixty days after the date on which
3 the notice of funding availability with respect to the grant is
4 released, submit to the department an application, in a format to be
5 determined by the department, that contains the following materials:
6 (a) A description of the entity selected to serve as the
7 administering entity for the local jurisdiction;
8 (b) The digital equity plan of that local jurisdiction;
9 (c) A certification that the local jurisdiction, acting through
10 the administering entity, shall implement the digital equity plan and
11 make grants in a manner that is consistent with the aims of the
12 digital equity plan;
13 (d) The assurances required under section 7 of this act; and
14 (e) Any amendments to the digital equity plan for a local
15 jurisdiction that has been previously awarded a grant under this
16 section. The amendments included must be compared with the digital
17 equity plan of the local jurisdiction previously submitted.
18 (3)(a)(i) Subject to the requirements set forth in (a)(ii) and
19 (iii) of this subsection (3), the department shall calculate the
20 amount of a grant awarded to an eligible local jurisdiction under
21 this subsection in accordance with the following criteria, using the
22 best available data for all local jurisdictions for the fiscal year
23 in which the grant is awarded:
24 (A) Fifty percent of the total grant amount shall be based on the
25 population of the eligible local jurisdiction in proportion to the
26 total population of all eligible local jurisdictions.
27 (B) Twenty-five percent of the total grant amount shall be based
28 on the number of individuals in the eligible local jurisdiction who
29 are covered populations in proportion to the total number of
30 individuals in all eligible local jurisdictions who are covered
31 populations.
32 (C) Twenty-five percent of the total grant amount shall be based
33 on the comparative lack of availability and adoption of broadband in
34 the eligible local jurisdiction in proportion to the lack of
35 availability and adoption of broadband of all eligible local
36 jurisdictions, which shall be determined according to data collected
37 from:
38 (I) The federal communications commission;
39 (II) The American community survey or, if necessary, other data
40 collected by the United States bureau of the census;
Code Rev/KS:akl 10 H-3990.1/20
1 (III) The internet and computer use supplement to the current
2 population survey of the United States bureau of the census;
3 (IV) Other valid and reliable research, such as local surveys,
4 that identify digital inclusion service needs and gaps in the
5 jurisdiction; and
6 (V) Any other source that the department, after appropriate
7 notice and opportunity for public comment, determines to be
8 appropriate.
9 (ii) The amount of a grant awarded to an eligible local
10 jurisdiction under this subsection (3) in a fiscal year shall be not
11 less than one-half of one percent of the total amount made available
12 to award grants to eligible local jurisdictions for that fiscal year.
13 (iii) After awarding planning grants and capacity grants to
14 eligible local jurisdictions in a fiscal year, the department shall
15 distribute any remaining amounts to carry out this section to
16 eligible local jurisdictions to which the department has awarded
17 grants under this subsection (3) for that fiscal year in accordance
18 with the formula described in (a)(i) of this subsection (3).
19 (b) With respect to a grant awarded to an eligible local
20 jurisdiction under this subsection, the eligible local jurisdiction
21 shall expend the grant funds up to five years after the date on which
22 the eligible local jurisdiction is awarded the grant funds, depending
23 on the scope, to be determined in awarding the grant and contract.
24 (c) The department shall ensure that any eligible local
25 jurisdiction to which a grant is awarded under this subsection (3)
26 may appeal or otherwise challenge in a timely fashion the amount of
27 the grant awarded to the local jurisdiction.
28 (d) The administering entity for an eligible local jurisdiction
29 to which a grant is awarded under this subsection (3) shall use the
30 grant amounts for the following purposes:
31 (i) To update or maintain the digital equity plan of the local
32 jurisdiction. An administering entity for an eligible local
33 jurisdiction to which a grant is awarded under this subsection may
34 use not more than twenty percent of the amount of the grant for this
35 purpose;
36 (ii) To implement the digital equity plan of the local
37 jurisdiction;
38 (iii)(A) Subject to (d)(iii)(B) of this subsection (3), to award
39 a grant to any eligible entity located in the local jurisdiction in
40 order to:
Code Rev/KS:akl 11 H-3990.1/20
1 (I) Assist in the implementation of the digital equity plan of
2 the local jurisdiction;
3 (II) Pursue digital inclusion activities in the local
4 jurisdiction consistent with the digital equity plan of the local
5 jurisdiction; and
6 (III) Report to the local jurisdiction regarding the digital
7 inclusion activities of the entity.
8 (B) Before an administering entity for an eligible local
9 jurisdiction may award a grant under this section, the administering
10 entity shall require the entity to which the grant is awarded to
11 certify that:
12 (I) The entity shall carry out the activities required under this
13 subsection (3)(d);
14 (II) The receipt of the grant shall not result in unjust
15 enrichment of the entity; and
16 (III) The administering entity shall cooperate with any
17 evaluation carried out by or for the administering entity or the
18 department for any program that relates to a grant awarded to the
19 entity;
20 (iv) To evaluate the efficacy of the efforts funded by grants
21 made under (d)(iii) of this subsection. An administering entity for
22 an eligible local jurisdiction to which a grant is awarded under this
23 section may use not more than five percent of the amount of the grant
24 for this purpose; and
25 (v) For the administrative costs incurred in carrying out the
26 activities under this subsection (3)(d). An administering entity for
27 an eligible local jurisdiction to which a grant is awarded under this
28 section may use not more than three percent of the amount of the
29 grant for this purpose.
30 (4) A grant or subgrant awarded under this section shall
31 supplement, not supplant, other federal or state funds that have been
32 made available for this purpose.
33 NEW SECTION. Sec. 7. When applying for a grant under section 5
34 or 6 of this act, a local jurisdiction shall include in the
35 application assurances that:
36 (1)(a) The local government shall use the grant funds in
37 accordance with any applicable statute, regulation, and application
38 procedure.
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1 (b) The administering entity for that local jurisdiction shall
2 adopt and use proper methods of administering any grant that the
3 local government is awarded, including by:
4 (i) Enforcing any obligation imposed under law on any agency,
5 institution, organization, or other entity that is responsible for
6 carrying out the program to which the grant relates;
7 (ii) Correcting any deficiency in the operation of a program to
8 which the grant relates, as identified through an audit or another
9 monitoring or evaluation procedure; and
10 (iii) Adopting written procedures for the receipt and resolution
11 of complaints alleging a violation of law with respect to a program
12 to which the grant relates.
13 (c) The administering entity for that local jurisdiction shall
14 cooperate in carrying out any evaluation of any program that relates
15 to a grant awarded to the covered recipient and that is carried out
16 by or for the department or another state official;
17 (2) The administering entity for that local jurisdiction shall:
18 (a) Use fiscal control and fund accounting procedures that ensure
19 the proper disbursement of, and accounting for, any federal or state
20 funds that the local jurisdiction is awarded under section 5 or 6 of
21 this act.
22 (b) Submit to the department any reports that may be necessary to
23 enable the department to perform the duties of the department.
24 (c) Maintain any records and provide any information to the
25 department, including those records, that the department determines
26 is necessary to enable the department to perform the duties of the
27 department under this section.
28 (d) With respect to any significant proposed change or amendment
29 to the digital equity plan for the local jurisdiction, make the
30 change or amendment available for public comment in accordance with
31 section 5(2) of this act; and
32 (3) The local jurisdiction, before submitting to the department
33 the digital equity plan of the local jurisdiction, has complied with
34 the public comment requirements of section (5)(2) of this act.
35 NEW SECTION. Sec. 8. (1) The department shall terminate a grant
36 awarded to an eligible local jurisdiction under this section if,
37 after notice to the local jurisdiction and opportunity for a hearing,
38 the department:
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1 (a) Presents to the local jurisdiction a rationale and supporting
2 information that clearly demonstrates the grant funds are not
3 contributing to the development or execution of the digital equity
4 plan of the local jurisdiction, as applicable, and the local
5 jurisdiction is not upholding assurances made by the state to the
6 department under section 7 of this act; and
7 (b) Determines that the grant is no longer necessary to achieve
8 the original purpose for which department awarded the grant.
9 (2) The department shall redistribute unspent grant amounts,
10 resulting from the termination of a grant under subsection (1) of
11 this section, to eligible local jurisdictions to which the department
12 has awarded grants under section 5 or 6 of this act for that fiscal
13 year in accordance with the formula described under section 6(3) of
14 this act.
15 NEW SECTION. Sec. 9. (1)(a) The department shall require any
16 entity to which a grant, including a subgrant, is awarded under
17 section 5 or 6 of this act to publicly report, for each year during
18 the period described in section 5 or 6 of this act, as applicable,
19 with respect to the grant, and in a format specified by the
20 department. The report must include the following:
21 (i) The use of that grant by the entity;
22 (ii) The progress of the entity towards fulfilling the objectives
23 for which the grant was awarded; and
24 (iii) The implementation of the digital equity plan of the local
25 jurisdiction.
26 (b) The department shall establish appropriate mechanisms to
27 ensure that each eligible local jurisdiction to which a grant is
28 awarded under section 5 or 6 of this act uses the grant amounts in an
29 appropriate manner and complies with all terms with respect to the
30 use of the grant amounts.
31 (c) The department shall create and maintain a fully searchable
32 database, which shall be accessible on the internet at no cost to the
33 public, that contains, at a minimum:
34 (i) The application of each local jurisdiction that has applied
35 for a grant under this section;
36 (ii) The status of each application;
37 (iii) Each report submitted by an entity;
Code Rev/KS:akl 14 H-3990.1/20
1 (iv) A record of public comments made regarding the digital
2 equity plan of a local jurisdiction and any written responses to or
3 actions taken as a result of those comments; and
4 (v) Any other information that is sufficient to allow the public
5 to understand and monitor grants awarded under this section.
6 (2) The department may establish additional reporting and
7 information requirements for any recipient of a grant under this
8 section.
9 NEW SECTION. Sec. 10. (1) Subject to the availability of
10 amounts appropriated for this specific purpose, not later than thirty
11 days after the date on which the department begins awarding capacity
12 grants under section 6 of this act, and not before that date, the
13 department shall establish the digital equity competitive grant
14 program, the purpose of which is to award grants to support efforts
15 to achieve digital equity, promote digital inclusion activities, and
16 spur greater adoption of broadband among covered populations.
17 (2) In establishing the program under subsection (1) of this
18 section, the department:
19 (a) May consult with local jurisdictions to identify covered
20 populations located in that local jurisdiction and allocate grant
21 funds within that local jurisdiction for projects in or affecting the
22 local jurisdiction; and
23 (b) Shall consult with representatives of the following entities:
24 (i) The statewide broadband office;
25 (ii) The public works board;
26 (iii) The utilities and transportation commission;
27 (iv) The community economic revitalization board;
28 (v) The office of minority and women's business enterprises;
29 (vi) The department of veterans affairs;
30 (vii) The consolidated technology services agency;
31 (viii) The office of financial management;
32 (ix) The workforce training and education board;
33 (x) State, tribal, and local organizations with expertise in
34 providing digital inclusion, digital equity, or digital literacy
35 services; and
36 (xi) The head of any other agency that the department determines
37 to be appropriate.
Code Rev/KS:akl 15 H-3990.1/20
1 (3) The department shall ensure the program complements and
2 enhances, and does not conflict with, other broadband initiatives and
3 programs.
4 (4) The department may adopt rules as necessary to carry out this
5 section and sections 11 through 17 of this act.
6 NEW SECTION. Sec. 11. (1) The department may award a grant
7 under the program to any of the following entities if the entity is
8 not serving, and has not served, as the administering entity for a
9 local jurisdiction under section 4(2) of this act:
10 (a) A political subdivision, agency, or other municipal or quasi-
11 municipal corporation of the local jurisdiction, including an agency
12 that is responsible for administering or supervising adult education
13 and literacy activities in the local jurisdiction;
14 (b) An Indian tribe;
15 (c) A foundation, corporation, institution, or association that
16 is a not-for-profit entity;
17 (d) A community anchor institution;
18 (e) A local educational agency;
19 (f) An entity that carries out a workforce development program;
20 (g) A partnership between any of the entities described in (a)
21 through (f) of this subsection; and
22 (h) A partnership between an entity described in (a) through (f)
23 of this subsection and an entity that the department, by rule,
24 determines to be in the public interest.
25 (2) The administering entity selected under subsection (1) of
26 this section may not be a school.
27 NEW SECTION. Sec. 12. (1) An entity that wishes to be awarded a
28 grant under the program shall submit to the department an application
29 at such time, in such form, and containing such information as the
30 department may require.
31 (2) The application under subsection (1) of this section must:
32 (a) Provide a detailed explanation of how the entity will use any
33 grant amounts awarded under the program to carry out the purposes of
34 the program in an efficient and expeditious manner;
35 (b) Identify the period in which the applicant will expend the
36 grant funds awarded under the program;
37 (c) Include a justification for the amount of the grant that the
38 applicant is requesting and, for each fiscal year in which the
Code Rev/KS:akl 16 H-3990.1/20
1 applicant will expend the grant funds, a budget for the activities
2 that the grant funds will support;
3 (d) Demonstrate, to the satisfaction of the department, that the
4 entity:
5 (i) Is capable of carrying out the project or function to which
6 the application relates;
7 (ii) Is capable of carrying out the reporting requirements
8 described under section 17 of this act in a competent manner that is
9 in compliance with all applicable federal, state, and local laws; and
10 (iii) If the administering entity, shall appropriate or otherwise
11 unconditionally obligate from nonfederal sources funds that are
12 necessary to meet the requirements of section 14 of this act;
13 (e) Disclose to the department the source and amount of other
14 federal, state, or outside funding sources from which the entity
15 receives, or has applied for, funding for activities or projects to
16 which the application relates; and
17 (f) Provide the assurances that are required under section 15 of
18 this act. The application must also provide an assurance that the
19 entity shall follow such additional procedures as the department may
20 require to ensure that grant funds are used and accounted for in an
21 appropriate manner.
22 NEW SECTION. Sec. 13. (1) In deciding whether to award a grant
23 under the program, the department shall, to the extent practicable,
24 consider:
25 (a) Whether the application would, if approved:
26 (i) Increase internet access and the adoption of broadband among
27 covered populations to be served by the applicant; and
28 (ii) Not result in unjust enrichment;
29 (b) Whether the applicant is, or plans to subcontract with, a
30 socially and economically disadvantaged small business concern;
31 (c) The comparative geographic diversity of the application in
32 relation to other eligible applications; and
33 (d) The extent to which an application may duplicate or conflict
34 with another program.
35 (2)(a) In addition to the evaluation activities required under
36 (b) of this subsection, an entity to which the department awards a
37 grant under the program shall use the grant amounts to support not
38 less than one of the following activities:
Code Rev/KS:akl 17 H-3990.1/20
1 (i) To develop and implement digital inclusion activities that
2 benefit covered populations;
3 (ii) To facilitate the adoption of broadband by covered
4 populations in order to provide educational and employment
5 opportunities to those populations;
6 (iii) To implement, consistent with the purposes of this chapter,
7 workforce development programs or other training programs for covered
8 populations that cover basic, advanced, and applied skills;
9 (iv) To make available equipment, instrumentation, networking
10 capability, hardware and software, or digital network technology for
11 broadband services to covered populations at low or no cost;
12 (v) To construct, upgrade, expend, or operate new or existing
13 public access computing centers for covered populations through
14 community anchor institutions; or
15 (vi) To undertake any other project and activity that the
16 department finds to be consistent with the purposes for which the
17 program is established.
18 (b)(i) An entity to which the department awards a grant under the
19 program shall use not more than ten percent of the grant amounts to
20 measure and evaluate the activities supported with the grant amounts.
21 (ii) An entity to which the department awards a grant under the
22 program shall annually submit to the department each measurement and
23 evaluation, in a manner specified by the department, no later than
24 fifteen months after the date on which the entity is awarded the
25 grant amounts for any year in which the entity expends grant amounts.
26 (c) An entity to which the department awards a grant under the
27 program may use not more than ten percent of the amount of the grant
28 for administrative costs in carrying out any of the activities
29 described in (a) of this subsection.
30 (d) An entity awarded a grant under this subsection shall expend
31 the grant amounts during the four year period beginning on the date
32 on which the entity is awarded the grant amounts. During the one year
33 period beginning on the date that is four years after the date on
34 which the entity is awarded the grant amounts, the entity may
35 continue to measure and evaluate the activities supported with the
36 grant amounts, as required under (b) of this subsection.
37 (3) A grant or subgrant awarded under this section shall
38 supplement, not supplant, other federal or state funds that have been
39 made available to carry out activities described in this section.
Code Rev/KS:akl 18 H-3990.1/20
1 NEW SECTION. Sec. 14. (1) Except as provided in subsection (2)
2 of this section, the state share of any project for which the
3 department awards a grant under the competitive grant program
4 established under section 6 of this act may not exceed ninety
5 percent.
6 (2) The department may grant a waiver with respect to the
7 limitation on the state share of a project described in subsection
8 (1) of this section if:
9 (a) The applicant with respect to the project petitions the
10 department for the waiver; and
11 (b) The department determines that the applicant petition
12 demonstrates financial need.
13 NEW SECTION. Sec. 15. When applying for a grant under this
14 chapter, an entity shall include in the application for that grant
15 assurances that the entity shall:
16 (1) Use any grant funds that the entity is awarded in accordance
17 with any applicable statute, regulation, and application procedure to
18 the extent required under applicable law;
19 (2) Adopt and use proper methods of administering any grant that
20 the entity is awarded, including by:
21 (a) Enforcing any obligation imposed under law on any agency,
22 institution, organization, or other entity that is responsible for
23 carrying out a program to which the grant relates;
24 (b) Correcting any deficiency in the operation of a program to
25 which the grant relates, as identified through an audit or another
26 monitoring or evaluation procedure; and
27 (c) Adopting written procedures for the receipt and resolution of
28 complaints alleging a violation of law with respect to a program to
29 which the grant relates;
30 (3) Cooperate with respect to any evaluation of any program that
31 relates to a grant awarded to the entity, including an evaluation
32 carried out by or for the department or another state official;
33 (4) Use fiscal control and fund accounting procedures that ensure
34 the proper disbursement of, and accounting for, any state funds that
35 the entity is awarded under the program;
36 (5) Submit to the department any reports that may be necessary to
37 enable the department to perform the duties of the department under
38 the program; and
Code Rev/KS:akl 19 H-3990.1/20
1 (6) Maintain any records and provide any information to the
2 department, including those records, that the department determines
3 is necessary to enable the department to perform the duties of the
4 department under the program.
5 NEW SECTION. Sec. 16. (1) In addition to other authority under
6 applicable law, the department may deobligate or terminate a grant
7 awarded to an entity under this chapter if, after notice to the
8 entity and opportunity for a hearing, the department:
9 (a) Presents to the entity a rationale and supporting information
10 that clearly demonstrates that:
11 (i) The grant funds are not being used in a manner that is
12 consistent with the application with respect to the grant submitted
13 by the entity under section 12 of this act; and
14 (ii) The entity is not upholding assurances made by the entity to
15 the department under section 15 of this act; or
16 (b) Determines that the grant is no longer necessary to achieve
17 the original purpose for which the department awarded the grant.
18 (2) The department may, with respect to any grant funds that the
19 department deobligates or terminates under subsection (1) of this
20 section, competitively award the grant funds to another applicant,
21 consistent with the requirements of this section.
22 NEW SECTION. Sec. 17. (1)(a) The department shall require any
23 entity to which the department awards a grant under the program to,
24 for each year during the period described in section 13(2)(d) of this
25 act with respect to the grant, submit to the department a report, in
26 a format specified by the department, regarding:
27 (i) The amount of the grant;
28 (ii) The use by the entity of the grant amounts; and
29 (iii) The progress of the entity towards fulfilling the
30 objectives for which the grant was awarded.
31 (b) The department shall establish mechanisms to ensure
32 appropriate use of, and compliance with respect to all terms
33 regarding, grant funds awarded under the program.
34 (c) The department shall create and maintain a fully searchable
35 database, which shall be accessible on the internet at no cost to the
36 public, that contains, at a minimum:
37 (i) A list of each entity that has applied for a grant under the
38 program;
Code Rev/KS:akl 20 H-3990.1/20
1 (ii) A description of each grant application under the program,
2 including the proposed purpose of each grant described;
3 (iii) The status of each grant application under the program,
4 including whether the department has awarded a grant with respect to
5 the application and, if applicable, the amount of the grant;
6 (iv) Each report submitted by an entity under (a) of this
7 subsection;
8 (v) All work products described under section 18(3) of this act
9 that exemplify best practices, or serve as examples, curriculum, and
10 tools for other digital inclusion projects; and
11 (vi) Any other information that is sufficient to allow the public
12 to understand and monitor grants awarded under the program.
13 (d) The department shall ensure that any entity with respect to
14 which an award is deobligated or terminated under section 16 of this
15 act may, in a timely manner, appeal or otherwise challenge that
16 deobligation or termination, as applicable.
17 (2) The department may establish additional reporting and
18 information requirements for any recipient of a grant under the
19 program.
20 NEW SECTION. Sec. 18. (1) Not later than one year after the
21 date on which the department begins awarding grants under section
22 6(1) of this act, and annually thereafter, the department shall:
23 (a) Submit to the appropriate committees of the legislature a
24 report that documents, for the year covered by the report:
25 (i) The findings of each evaluation conducted under (b) of this
26 subsection;
27 (ii) A list of each grant awarded under each covered program,
28 which shall include:
29 (A) The amount of each such grant;
30 (B) The recipient of each such grant; and
31 (C) The purpose for which each such grant was awarded;
32 (iii) Any deobligation, termination, or modification of a grant
33 awarded under the covered programs, which shall include a description
34 of the subsequent usage of any funds to which such an action applies;
35 and
36 (iv) Each challenge made by an applicant for, or a recipient of,
37 a grant under the covered programs and the outcome of each such
38 challenge; and
Code Rev/KS:akl 21 H-3990.1/20
1 (b) Conduct evaluations of the activities carried out under the
2 covered programs, which shall include an evaluation of:
3 (i) Whether eligible local jurisdictions to which grants are
4 awarded under the program established under section 3 of this act
5 are:
6 (A) Abiding by the assurances made by those local jurisdictions
7 under section 7 of this act;
8 (B) Meeting, or have met, the stated goals of the digital equity
9 plans developed by the local jurisdictions under section 5 of this
10 act;
11 (C) Satisfying the reporting requirements imposed by the
12 department on local jurisdictions under section 9 of this act; and
13 (D) In compliance with any other rules, requirements, or
14 regulations adopted by the department in implementing that program;
15 and
16 (ii) Whether entities to which grants are awarded under the
17 program established under section 10 of this act are:
18 (A) Abiding by the assurances made by those entities under
19 section 15 of this act;
20 (B) Meeting, or have met, the stated goals of those entities with
21 respect to the use of the grant amounts;
22 (C) Satisfying the requirements imposed by the department on
23 those local jurisdictions under section 17 of this act; and
24 (D) In compliance with any other rules, requirements, or
25 regulations adopted by the department in implementing that program.
26 (2) The department shall make each report submitted under
27 subsection (1)(a) of this section publicly available in an online
28 format that facilitates access and ease of use, is searchable, and is
29 accessible including to individuals with disabilities and in
30 languages other than English.
31 (3) The department shall develop grant work products that
32 exemplify best practices, or serve as examples, curriculum, and tools
33 for other digital inclusion projects.
34 NEW SECTION. Sec. 19. The department may award grants and enter
35 into contracts, cooperative agreements, and other arrangements with
36 state agencies, public and private organizations, and other entities
37 with expertise that the department determines appropriate in order
38 to:
Code Rev/KS:akl 22 H-3990.1/20
1 (1) Evaluate the impact and efficacy of activities supported by
2 grants awarded under the covered programs; and
3 (2) Develop, catalog, disseminate, and promote the exchange of
4 best practices, both with respect to and independent of the covered
5 programs, in order to achieve digital equity.
6 NEW SECTION. Sec. 20. In carrying out section 18 of this act,
7 and to further the objectives described in section 19 of this act,
8 the department shall conduct ongoing collaboration and consult with:
9 (1) The statewide broadband office;
10 (2) The public works board;
11 (3) The utilities and transportation commission;
12 (4) The community economic revitalization board;
13 (5) The office of minority and women's business enterprises;
14 (6) The department of veterans affairs;
15 (7) The consolidated technology services agency;
16 (8) The office of financial management;
17 (9) State agencies and local jurisdiction officials;
18 (10) Entities serving as administering entities for local
19 jurisdictions under section 4 of this act;
20 (11) National, state, tribal, and local organizations that
21 provide digital inclusion, digital equity, or digital literacy
22 services;
23 (12) Researchers, academics, and philanthropic organizations; and
24 (13) Other agencies, organizations, entities, and community
25 stakeholders, as determined appropriate by the department.
26 NEW SECTION. Sec. 21. (1) The department shall provide
27 technical support and assistance, assistance to entities to prepare
28 the applications of those entities with respect to grants awarded
29 under the covered programs, and other resources, to the extent
30 practicable, to ensure consistency in data reporting and to meet the
31 objectives of this section.
32 (2) Technical support and assistance provided by the department
33 includes introductory workshops to assist entities preparing
34 applications with respect to grants awarded under covered programs.
35 The department shall provide introductory workshops ten weeks prior
36 to the applicable application due date, and the department shall
37 provide notice at least six weeks prior to holding the workshop.
Code Rev/KS:akl 23 H-3990.1/20
1 NEW SECTION. Sec. 22. (1) No individual in the United States
2 may, on the basis of actual or perceived race, color, religion,
3 national origin, sex, gender identity, sexual orientation, age, or
4 disability, be excluded from participation in, be denied the benefits
5 of, or be subjected to discrimination under any program or activity
6 that is funded in whole or in part with funds made available under
7 this chapter.
8 (2) The department shall effectuate subsection (1) of this
9 section with respect to any program or activity by issuing
10 regulations and taking actions consistent with chapter 49.60 RCW.
11 (3) Judicial review of an action taken by the department under
12 subsection (2) of this section shall be available to the extent
13 provided in chapter 49.60 RCW.
14 NEW SECTION. Sec. 23. The department shall, to the extent
15 practicable, carry out this chapter in a technologically neutral
16 manner.
17 NEW SECTION. Sec. 24. Sections 1 through 23 of this act
18 constitute a new chapter in Title 43 RCW.
19 NEW SECTION. Sec. 25. This act takes effect July 1, 2021.
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