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Proposed Substitute - PSHB 2414 (H-4213.1/20), Digital Equity

Summary

PSHB 2414 (H-4213.1/20), 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 list of changes says the substitute expands the purpose of the Statewide Broadband Office to include improving broadband adoption for underserved communities and requires that office to prepare a report on the comparative availability and adoption of broadband across the state by July 1, 2021. It also repurposes the Community Technology Opportunity Program as the Digital Equity Opportunity Program and eliminates the local jurisdiction administering entity. The bill text amends RCW 43.330.530 and other sections of chapter 43.330 RCW.

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“Proposed Substitute - PSHB 2414 (H-4213.1/20), Digital Equity.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-01-24-a26338-d210658-2414-pshb-h-4213-1-1fc07b0da9/, SHA-256 0fb8c0cef6afd3bac9b97d1e319558de6f578341666c2121836e7bdeadc04b14.

Full text

                          PSHB 2414 (H-4213.1/20) (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-4213.1/20) Compared to HB 2414:

   •   Expands the purpose of the Statewide Broadband Office (SBO) to include improving broadband
       adoption for underserved communities.
   •   Provides that the SBO may provide grant and loan assistance under the digital equity grant
       program.
   •   Transfers authority of the digital equity plan and grant activities under the SBO.
   •   Requires the SBO to prepare a report on the comparative availability and adoption of broadband
       across the state by July 1, 2021.
   •   Modifies and repurposes the Community Technology Opportunity Program to establish the
       Digital Equity Opportunity Program to advance broadband adoption digital equity.
   •   Modifies and repurposes the Digital Inclusion and Technology Planning Advisory Group on
       broadband access and adoption to establish the Statewide Action Team.
   •   Eliminates the local jurisdiction administering entity.



                                                                                                        1
•   Eliminates and modifies certain requirements related to the eligibility, application and awarding
    procedure, use of funds, grant calculation, stakeholder collaboration, termination of grant,
    program evaluation, and reporting requirements under the grant program.




                                                                                                   2
1        AN ACT Relating to digital equity; amending RCW 43.330.530,
2    43.330.532, 43.330.534, 43.330.538, 43.330.412, and 43.330.421;
3    adding a new section to chapter 43.330 RCW; and creating a new
4    section.


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


 6       NEW SECTION.   Sec. 1.   (1) The legislature finds that broadband
 7   connection and digital literacy are increasingly critical for
 8   Washingtonians' ability to participate in society, the economy, and
 9   civic institutions.
10       (2) The legislature further finds that broadband connection and
11   digital literacy are critical in accessing health care and essential
12   services, obtaining an education, and building careers in Washington.
13       (3) The legislature further finds that digital exclusion carries
14   an immense societal and economic cost for Washingtonians. Digital
15   exclusion materially harms an individual's opportunity for economic
16   success, educational achievement, positive health outcomes, social
17   inclusion, and civic engagement. Digital exclusion also exacerbates
18   existing wealth and income gaps, especially those experienced by
19   covered populations.



     Code Rev/KS:akl                   1                       H-4213.1/20
1        (4) The legislature further finds that achieving digital equity
2    in Washington requires additional and sustained investment and
3    research efforts and is a matter of social and economic justice.
4        (5) Therefore, it is the intent of the legislature to create a
5    digital equity capacity grant program and a digital equity
6    competitive grant program to promote the expansion of digital equity
7    across the state by supporting digital inclusion activities and
8    building capacity for local jurisdictions to spur greater adoption of
9    broadband among covered populations throughout Washington.

10       Sec. 2.   RCW 43.330.530 and 2019 c 365 s 2 are each amended to
11   read as follows:
12       The definitions in this section apply throughout this section and
13   RCW 43.330.532 through 43.330.538 unless the context clearly requires
14   otherwise.
15       (1) "Advanced telecommunications capability" means, without
16   regard to any transmission media or technology, high-speed, switched,
17   broadband telecommunications capability that enables users to
18   originate and receive high quality voice, data, graphics, and video
19   telecommunications using any technology.
20       (2) "Aging individual" means an individual sixty years of age or
21   older.
22       (3) "Board" means the public works board established in RCW
23   43.155.030.
24       (((2))) (4) "Broadband" or "broadband service" means any service
25   providing advanced telecommunications capability and internet access
26   with transmission speeds that, at a minimum, provide twenty-five
27   megabits per second download and three megabits per second upload.
28       (((3))) (5) "Broadband adoption" means the process by which an
29   individual obtains daily access to the internet that:
30       (a) Is at a speed, quality, and capacity necessary for the
31   individual to accomplish common tasks, such that the access qualifies
32   as an advanced telecommunications capability;
33       (b)   Allows  individuals   the   digital  skills   necessary  to
34   participate online; and
35       (c) Is on a personal device that is on a secure and convenient
36   network.
37       (6) "Broadband infrastructure" means networks of deployed
38   telecommunications equipment and technologies necessary to provide


     Code Rev/KS:akl                   2                       H-4213.1/20
 1   high-speed internet access and other advanced telecommunications
 2   services to end users.
 3       (((4))) (7) "Department" means the department of commerce.
 4       (((5))) (8) "Digital equity" means the condition in which
 5   individuals and communities in Washington have the information
 6   technology capacity that is needed for full participation in society
 7   and the economy.
 8       (9)(a) "Digital inclusion" means the activities that are
 9   necessary to ensure that all individuals in Washington have access
10   to, and the use of, affordable information and communication
11   technologies, including:
12       (i) Reliable fixed and wireless broadband internet service;
13       (ii) Internet-enabled devices that meet the needs of the user;
14   and
15       (iii) Applications and online content designed to enable and
16   encourage self-sufficiency, participation, and collaboration.
17       (b) "Digital inclusion" also includes obtaining access to digital
18   literacy training, the provision of quality technical support, and
19   obtaining basic awareness of measures to ensure online privacy and
20   cybersecurity.
21       (10) "Digital literacy" means the skills associated with using
22   technology to enable users to use information and communications
23   technologies to find, evaluate, organize, create, and communicate
24   information.
25       (11) "Disability" has the same meaning as defined in RCW
26   49.60.040.
27       (12) "Last mile infrastructure" means broadband infrastructure
28   that serves as the final connection from a broadband service
29   provider's   network    to   the   end-use    customer's   on-premises
30   telecommunications equipment.
31       (((6))) (13) "Local government" includes cities, towns, counties,
32   municipal corporations, public port districts, public utility
33   districts, quasi-municipal corporations, special purpose districts,
34   and multiparty entities comprised of public entity members.
35       (((7))) (14) "Low-income household" means a household, the
36   federal taxable income of which is not more than two hundred percent
37   of an amount equal to the poverty level, as determined by using
38   criteria of poverty established by the United States bureau of the
39   census, for the most recently completed taxable year.


     Code Rev/KS:akl                   3                       H-4213.1/20
 1       (15) "Middle mile infrastructure" means broadband infrastructure
 2   that links a broadband service provider's core network infrastructure
 3   to last mile infrastructure.
 4       (((8))) (16) "Office" means the governor's statewide broadband
 5   office established in RCW 43.330.532.
 6       (((9))) (17) "Tribe" means any federally recognized Indian tribe
 7   whose traditional lands and territories included parts of Washington.
 8       (((10))) (18) "Underserved population" means:
 9       (a) Individuals who live in low-income households;
10       (b) Aging individuals;
11       (c) Incarcerated individuals;
12       (d) Veterans;
13       (e) Individuals with disabilities;
14       (f) Individuals with a language barrier, including individuals
15   who are English learners or who have low levels of literacy;
16       (g) Individuals who are members of a racial or ethnic minority
17   group; and
18       (h) Individuals who primarily reside in a rural area.
19       (19) "Unserved areas" means areas of Washington in which
20   households and businesses lack access to broadband service, as
21   defined by the office, except that the state's definition for
22   broadband service may not be actual speeds less than twenty-five
23   megabits per second download and three megabits per second upload.


24       Sec. 3.   RCW 43.330.532 and 2019 c 365 s 3 are each amended to
25   read as follows:
26       (1) The governor's statewide broadband office is established. The
27   director of the office must be appointed by the governor. The office
28   may employ staff necessary to carry out the office's duties as
29   prescribed by chapter 365, Laws of 2019, subject to the availability
30   of amounts appropriated for this specific purpose.
31       (2) The purpose of the office is to encourage, foster, develop,
32   and improve affordable, quality broadband within the state in order
33   to:
34       (a) Drive job creation, promote innovation, improve economic
35   vitality, and expand markets for Washington businesses;
36       (b) Serve the ongoing and growing needs of Washington's education
37   systems, health care systems, public safety systems, industries and
38   business, governmental operations, and citizens; and


     Code Rev/KS:akl                   4                       H-4213.1/20
 1       (c) Improve broadband accessibility and adoption for ((unserved))
 2   underserved communities and populations.


 3       Sec. 4.   RCW 43.330.534 and 2019 c 365 s 4 are each amended to
 4   read as follows:
 5       (1) The office has the power and duty to:
 6       (a) Serve as the central broadband planning body for the state of
 7   Washington;
 8       (b) Coordinate with local governments, tribes, public and private
 9   entities, nonprofit organizations, and consumer-owned and investor-
10   owned utilities to develop strategies and plans promoting deployment
11   of broadband infrastructure and greater broadband access, while
12   protecting proprietary information;
13       (c) Review existing broadband initiatives, policies, and public
14   and private investments;
15       (d) Develop, recommend, and implement a statewide plan to
16   encourage cost-effective broadband access and to make recommendations
17   for increased usage, particularly in rural and other unserved areas;
18       (e) Update the state's broadband goals and definitions for
19   broadband service in unserved areas as technology advances, except
20   that the state's definition for broadband service may not be actual
21   speeds less than twenty-five megabits per second download and three
22   megabits per second upload; and
23       (f) Encourage public-private partnerships to increase deployment
24   and adoption of broadband services and applications.
25       (2) When developing plans or strategies for broadband deployment,
26   the office must consider:
27       (a)   Partnerships    between   communities,   tribes,   nonprofit
28   organizations, local governments, consumer-owned and investor-owned
29   utilities, and public and private entities;
30       (b) Funding opportunities that provide for the coordination of
31   public, private, state, and federal funds for the purposes of making
32   broadband infrastructure or broadband services available to rural and
33   unserved areas of the state;
34       (c) Barriers to the deployment, adoption, and utilization of
35   broadband service, including affordability of service; and
36       (d) Requiring minimum broadband service of twenty-five megabits
37   per second download and three megabits per second upload speed, that
38   is scalable to faster service.


     Code Rev/KS:akl                   5                       H-4213.1/20
 1       (3) The office may assist applicants for the grant and loan
 2   programs created in RCW 43.155.160 and 43.330.412 and section 7 of
 3   this act with seeking federal funding or matching grants and other
 4   grant opportunities for deploying or increasing adoption of broadband
 5   services.
 6       (4) The office may take all appropriate steps to seek and apply
 7   for federal funds for which the office is eligible, and other grants,
 8   and accept donations, and must deposit these funds in the statewide
 9   broadband account created in RCW 43.155.165.
10       (5) In carrying out its purpose, the office may collaborate with
11   the utilities and transportation commission, the office of the chief
12   information officer, the department of commerce, the community
13   economic revitalization board, the public works board, the state
14   librarian, and all other relevant state agencies.


15       Sec. 5.   RCW 43.330.538 and 2019 c 365 s 6 are each amended to
16   read as follows:
17       (1) Beginning January 1, 2021, and biennially thereafter, the
18   office shall report to the legislative committees with jurisdiction
19   over broadband policy and finance on the office's activities during
20   the previous two years.
21       (2) The report must, at a minimum, contain:
22       (a) An analysis of the current availability and use of broadband,
23   including average broadband speeds, within the state;
24       (b) Information gathered from schools, libraries, hospitals, and
25   public safety facilities across the state, determining the actual
26   speed and capacity of broadband currently in use and the need, if
27   any, for increases in speed and capacity to meet current or
28   anticipated needs;
29       (c) An overview of incumbent broadband infrastructure within the
30   state;
31       (d) A summary of the office's activities in coordinating
32   broadband infrastructure development with the public works board,
33   including a summary of funds awarded under RCW 43.155.160;
34       (e) Suggested policies, incentives, and legislation designed to
35   accelerate the achievement of the goals under RCW 43.330.536; and
36       (f) Any proposed legislative and policy initiatives.
37       (3) Subject to funds appropriated for this specific purpose, by
38   July 1, 2021, the office must prepare a report documenting the
39   comparative availability and adoption of broadband across the state,
     Code Rev/KS:akl                   6                       H-4213.1/20
1    including barriers to adoption. The department may use any source
2    including, but not limited to, data collected from:
3        (a) The federal communications commission;
4        (b) The American community survey or, if necessary, other data
5    collected by the United States bureau of the census; and
6        (c) State, local, and community reports and research on broadband
7    adoption.

 8       Sec. 6.   RCW 43.330.412 and 2011 1st sp.s. c 43 s 607 are each
 9   amended to read as follows:
10       The ((community technology)) digital equity opportunity program
11   is created to ((support the efforts of community technology
12   programs)) advance broadband adoption and digital equity and
13   inclusion throughout the state. The ((community technology)) digital
14   equity opportunity program must be administered by the department.
15   The department may contract for services in order to carry out the
16   department's obligations under this section.
17       (1) In implementing the ((community technology)) digital equity
18   opportunity program the director must, to the extent funds are
19   appropriated for this purpose:
20       (a) Provide ((organizational and capacity building)) support to
21   community technology programs throughout the state((, and identify
22   and facilitate the availability of other public and private sources
23   of funds to enhance the purposes of the program and the work of
24   community technology programs. No)) for the purpose of:
25       (i) Evaluating the impact and efficacy of activities supported by
26   grants awarded under the covered programs; and
27       (ii) Developing, cataloging, disseminating, and promoting the
28   exchange of best practices, both with respect to and independent of
29   the covered programs, in order to achieve digital equity. After July
30   1, 2023, no more than fifteen percent of funds received by the
31   director for the program may be expended on these functions;
32       (b) Establish a competitive grant program and provide grants to
33   community technology programs to ((provide)) advance digital equity
34   and digital inclusion by providing training and skill-building
35   opportunities;    access   to    hardware   and   software;    internet
36   connectivity; digital media literacy; assistance in the adoption of
37   information   and   communication   technologies  in   low-income   and
38   underserved areas and populations of the state; and development of


     Code Rev/KS:akl                   7                        H-4213.1/20
 1   locally relevant content and delivery of vital services through
 2   technology.
 3       (2) Grant applicants must:
 4       (a) Provide evidence that the applicant is a nonprofit entity or
 5   a public entity that is working in partnership with a nonprofit
 6   entity;
 7       (b) Define the geographic area or population to be served;
 8       (c) Include in the application the results of a needs assessment
 9   addressing, in the geographic area or among the population to be
10   served: The impact of inadequacies in technology access or knowledge,
11   barriers faced, and services needed;
12       (d) Explain in detail the strategy for addressing the needs
13   identified and an implementation plan including objectives, tasks,
14   and   benchmarks  for   the  applicant   and  the   role  that  other
15   organizations will play in assisting the applicant's efforts;
16       (e) Provide evidence of matching funds and resources, which are
17   equivalent to at least ((one-quarter)) ten percent of the grant
18   amount committed to the applicant's strategy;
19       (f) Provide evidence that funds applied for, if received, will be
20   used to provide effective delivery of community technology services
21   in alignment with the goals of this program and to increase the
22   applicant's level of effort beyond the current level; and
23       (g) Comply with such other requirements as the director
24   establishes.
25       (3) The director may use no more than ten percent of funds
26   received for the ((community technology)) digital equity opportunity
27   program to cover administrative expenses.
28       (4) The director must establish expected program outcomes for
29   each grant recipient and must require grant recipients to provide an
30   annual accounting of program outcomes.
31       (5) In establishing the digital equity opportunity program, the
32   department shall consult with the action team established in RCW
33   43.330.421.


34       NEW SECTION. Sec. 7. A new section is added to chapter 43.330
35   RCW to read as follows:
36       (1) Subject to the availability of funds appropriated for this
37   purpose, the department shall establish a digital equity planning
38   grant program.


     Code Rev/KS:akl                   8                       H-4213.1/20
 1       (2) This program shall provide grants to local governments,
 2   institutions of higher education, or other entities who have entered
 3   into an agreement with a local government, to fund the development of
 4   a digital equity plan for a discrete geographic region of the state.
 5   Priority must be given for grant applications accompanied by express
 6   support from nonprofit community or neighborhood-based organizations,
 7   public development authorities, federally recognized Indian tribes in
 8   the state, or other community partners and partners from the
 9   categories of institutions outlined in RCW 43.330.421. Only the
10   director or the director's designee may authorize expenditures.
11       (3) An applicant must submit an application to the department in
12   order to be eligible for funding under this section.
13       (4) The department must evaluate and rank applications using
14   objective criteria such as the number of underserved population
15   served and subjective criteria such as the degree of support and
16   engagement evidenced by the community who will be served.
17       (5) The department shall develop criteria for what the digital
18   equity plans must include.
19       (6) The department may adopt rules to implement this section.


20       Sec. 8.   RCW 43.330.421 and 2011 1st sp.s. c 43 s 610 are each
21   amended to read as follows:
22       ((Subject to the availability of federal or state funding, the))
23   The department may convene ((an advisory group on digital inclusion
24   and technology planning. The advisory group)) a statewide action team
25   on broadband access and adoption. The team may include, but is not
26   limited to, volunteer representatives from ((community technology))
27   community-based   organizations,    workforce   training   providers,
28   telecommunications providers, higher education institutions, K-12
29   education institutions, public health institutions, public housing
30   entities, and local government and other governmental and community
31   entities that are engaged in community technology and digital
32   inclusion activities. Consideration shall be given to ensuring
33   inclusion of diverse demographics and representation of covered
34   populations who most need broadband access and help with broadband
35   adoption. When significant federal funding opportunities arise, the
36   department is encouraged to tailor membership of the action team or a




     Code Rev/KS:akl                   9                       H-4213.1/20
1   subset of the action team to include such members as will promote the
2   optimal coordination in leveraging federal funds.

                                 --- END ---




    Code Rev/KS:akl                  10                       H-4213.1/20


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