House Bill 1263 - State of Washington 67th Legislature (2021 Regular Session)

Summary

House Bill 1263 of the State of Washington 67th Legislature, 2021 Regular Session, is a bill by Representatives Abbarno, Barkis, Dent, McEntire, Mosbrucker, Ybarra, Eslick, Boehnke, and Gilday, read first time January 18, 2021 and referred to the Committee on Community & Economic Development. The act relates to rural infrastructure and adds a new chapter to Title 43 RCW. It creates the rural infrastructure assistance account in the state treasury and directs the department of commerce to establish a competitive grant program for local governments in rural counties. A grant may fund no more than 75 percent of a project's total cost, with up to 90 percent in a distressed area, and funding for any jurisdiction is capped at $10,000,000 per biennium.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

     H-0352.1

                                 HOUSE BILL 1263


     State of Washington       67th Legislature          2021 Regular Session

     By Representatives Abbarno, Barkis,      Dent,   McEntire,     Mosbrucker,
     Ybarra, Eslick, Boehnke, and Gilday

     Read first time 01/18/21.     Referred   to   Committee   on   Community   &
     Economic Development.




 1       AN ACT Relating to rural infrastructure; and adding a new chapter
 2   to Title 43 RCW.


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


 4       NEW SECTION.    Sec. 1.    The definitions in this section apply
 5   throughout   this  chapter   unless  the   context  clearly   requires
 6   otherwise.
 7       (1) "Department" means the department of commerce.
 8       (2) "Broadband infrastructure" means networks of deployed
 9   telecommunications equipment and technologies necessary to provide
10   high-speed internet access and other advanced telecommunications
11   services to end users.
12       (3) "Local government" means any port district, county, city,
13   town, special purpose district, and any other municipal corporation
14   or quasi-municipal corporation in the state providing for public
15   facilities under this chapter.
16       (4) "Public facilities" means a project of a local government for
17   the planning, acquisition, construction, repair, reconstruction,
18   replacement,   rehabilitation,   or   improvement  of   domestic   and
19   industrial water systems, storm and sanitary sewage systems, solid
20   waste facilities, including recycling facilities, telecommunications


                                      p. 1                              HB 1263
 1   and broadband infrastructure, electrical transmission facilities,
 2   natural gas facilities, and port facilities.
 3       (5) "Rural county" means a county with a population density of
 4   fewer than 100 persons per square mile or a county smaller than 225
 5   square miles, as determined by the office of financial management and
 6   published each year by the department for the period from July 1st to
 7   June 30th.

 8       NEW SECTION.    Sec. 2.    The rural infrastructure assistance
 9   account is created in the state treasury. All receipts from
10   appropriations by the legislature, the proceeds of bond sales when
11   authorized by the legislature, or any other source must be deposited
12   into the account. Moneys in the account may be spent only after
13   appropriation. Expenditures from the account may be used only for
14   grants to local governments located in rural counties for public
15   facilities, including costs incurred by the department to administer
16   the grant program.


17       NEW SECTION.    Sec. 3.    (1) The department shall establish a
18   competitive grant program to award funding to local governments
19   located in rural counties for public facilities.
20       (2)(a) The department shall develop administrative procedures
21   governing the application and award process. The department shall act
22   as fiscal agent for the program and is responsible for receiving and
23   reviewing applications and awarding funds under this section.
24       (b) At least 60 days prior to the first day applications may be
25   submitted each fiscal year, the department must publish on its
26   website the specific criteria and any quantitative weighting scheme
27   or scoring system that the department will use to evaluate or rank
28   applications and award funding.
29       (c) The department may maintain separate accounting in the rural
30   infrastructure account created in section 2 of this act as the
31   department deems necessary to carry out the purposes of this section.
32       (3) The department must develop a process to prioritize
33   applications and funding of grants for public facilities submitted by
34   local governments located in rural counties. The department must
35   consider, at a minimum and in any order, the following factors in
36   prioritizing projects:
37       (a) Whether the project is critical in nature and would affect
38   the health and safety of many people;
                                     p. 2                          HB 1263
 1       (b) The extent to which the project leverages other funds;
 2       (c) The extent to which the project is ready to proceed to
 3   construction;
 4       (d) Whether the project is located in a distressed area as
 5   defined in RCW 43.168.020;
 6        (e) Whether the project promotes the sustainable use of resources
 7   and environmental quality, as applicable;
 8       (f) Whether the project consolidates or regionalizes systems;
 9       (g) Whether the project encourages economic development through
10   mixed-use and mixed-income development consistent with chapter 36.70A
11   RCW;
12        (h) Whether the facility is being well managed in the present and
13   for long-term sustainability;
14       (i) Achieving equitable distribution of funds by geography and
15   population;
16       (j) The extent to which the project meets the following state
17   policy objectives:
18       (i) Efficient use of state resources;
19       (ii) Preservation and enhancement of health and safety;
20       (iii) Abatement of pollution and protection of the environment;
21       (iv) Creation of new, family-wage jobs, and avoidance of shifting
22   existing jobs from one Washington state community to another;
23       (v) Fostering economic development consistent with chapter 36.70A
24   RCW;
25       (vi)   Efficiency  in   delivery  of   goods   and  services   and
26   transportation; and
27       (vii) Reduction of the overall cost of public infrastructure;
28       (k) Whether the applicant sought or is seeking funding for the
29   project from other sources;
30       (l) Whether the completion of the project will directly or
31   indirectly achieve net negative greenhouse gas emissions; and
32       (m) Whether the project will increase the opportunity for
33   individuals to work from home thereby reducing commute times to work
34   and indirectly achieve net negative greenhouse gas emissions.
35       (4)(a) No funds awarded under this section may fund more than 75
36   percent of the total cost of the project, except the department may
37   fund up to 90 percent of the total cost of the project located in a
38   distressed area as defined in RCW 43.168.020.
39       (b) The maximum amount of total funding that the department may
40   provide for any jurisdiction is $10,000,000 per biennium.
                                     p. 3                          HB 1263
 1       (c) The maximum amount of funding that the department may provide
 2   for preconstruction activities to any jurisdiction is $50,000 per
 3   biennium, except there is no maximum amount for:
 4       (i) Preconstruction activities located in a distressed area as
 5   defined in RCW 43.168.020; or
 6       (ii) Preconstruction activities necessary to determine whether
 7   the completion of the project will directly or indirectly achieve net
 8   negative greenhouse gas emissions.
 9       (5) The department may not sign contracts or otherwise
10   financially obligate funds from the rural infrastructure assistance
11   account before the legislature has appropriated funds to the
12   department for the purpose of funding public facilities under this
13   chapter.
14       (6) To ensure a grant under this section primarily serves the
15   public interest and benefits the public, contracts for grants
16   authorized under this section must include provisions that the asset
17   or infrastructure to be developed will be maintained for public use
18   for a period of at least 15 years. If the grantee is found to be out
19   of compliance with provisions of the contract, the grantee shall
20   repay to the state general fund the principal amount of the grant
21   plus interest calculated at the rate of interest on state of
22   Washington general obligation bonds issued most closely to the date
23   of authorization of the grant.
24       (7)   For   applications    requesting   funding   for   broadband
25   infrastructure, the department must implement the following:
26       (a) The department must require the applicant to provide
27   documentation that no later than six weeks before submission of the
28   application, the applicant contacted, in writing, all entities
29   providing broadband service near the proposed project area to ask
30   each broadband service provider's plan to upgrade broadband service
31   in the project area to speeds that meet or exceed the state's
32   definition for broadband service as defined in RCW 43.330.530, within
33   the time frame specified in the proposed grant activities; and if
34   applicable, the broadband service providers' written responses to the
35   inquiry.
36       (b)(i) Within 30 days of the close of the grant application
37   process, the department shall publish on its website the proposed
38   geographic broadband service area and the proposed broadband speeds
39   for each application submitted.


                                     p. 4                          HB 1263
 1       (ii) Any existing broadband service provider near the proposed
 2   project area may, within 30 days of publication of the information
 3   under this subsection (7)(b), submit in writing to the department an
 4   objection to an application. Objections submitted to the department
 5   must be certified by affidavit and must contain information
 6   demonstrating that:
 7       (A) The project would result in overbuild, meaning that the
 8   objecting provider currently provides, or has begun construction to
 9   provide, broadband service to end users in the proposed project area
10   at speeds equal to or greater than the state speed goals contained in
11   RCW 43.330.536; or
12       (B) The objecting provider commits to complete construction of
13   broadband infrastructure and provide broadband service to end users
14   in the proposed project area at speeds equal to or greater than the
15   state speed goals contained in RCW 43.330.536, no later than 24
16   months after the date awards are made under this section for the
17   grant cycle under which the application was submitted.
18       (c) The department must evaluate the information submitted by the
19   objecting provider and must consider it in making a determination on
20   the application objected to. The department may request clarification
21   or additional information. The department may choose to not fund a
22   project if the department determines that the objecting provider's
23   commitment to provide broadband service in the proposed project area
24   is credible. In assessing the commitment, the department may consider
25   whether the objecting provider has or will provide a bond, letter of
26   credit, or other indicia of financial commitment guaranteeing the
27   project's completion.
28       (d) If the department denies funding to an applicant as a result
29   of a broadband service provider's objection made under this section,
30   and the broadband service provider does not fulfill its commitment to
31   provide broadband service in the project area, then for the following
32   two grant cycles, the department is prohibited from denying funding
33   to an applicant on the basis of a challenge by the same broadband
34   service provider, unless the department determines that the broadband
35   service provider's failure to fulfill the provider's commitment was
36   the result of factors beyond the broadband service provider's
37   control. The department is not prohibited from denying funding to an
38   applicant for reasons other than an objection by the same broadband
39   service provider.


                                     p. 5                          HB 1263
 1       (e) An applicant or broadband service provider that objected to
 2   the application may request a debriefing conference regarding the
 3   department's decision on the application. Requests for debriefing
 4   must be coordinated by the broadband office and must be submitted in
 5   writing in accordance with procedures specified by the broadband
 6   office.
 7       (f) Confidential business and financial information submitted by
 8   an objecting provider under this subsection (7) is exempt from
 9   disclosure under chapter 42.56 RCW.
10       (g) The department, in collaboration with the broadband office,
11   may adopt rules for a voluntary nonbinding mediation between
12   incumbent providers and applicants to the grant program created in
13   this section.
14       (h) Prior to awarding funds under this section, the department
15   must consult with the Washington utilities and transportation
16   commission. The commission must provide to the department an
17   assessment of the technical feasibility of a proposed application.
18   The department must consider the commission's assessment as part of
19   its evaluation of a proposed application.
20       (i) For purposes of this section, "broadband office" means the
21   governor's statewide broadband office established in RCW 43.330.532.


22       NEW SECTION.   Sec. 4.   (1) By November 1, 2022, and each year
23   thereafter, the department must develop and submit a report regarding
24   the rural infrastructure grant program to the office of financial
25   management and appropriate fiscal committees of the senate and house
26   of representatives. The report must include:
27       (a) The total number of applications and amount of funding
28   requested for public facilities;
29       (b) A list and description of projects approved in the preceding
30   fiscal   year   with   project   scores   against   the  department's
31   prioritization criteria;
32       (c) The total amount of grant disbursements made in the preceding
33   fiscal year;
34       (d) The total amount of funds obligated and timing of when the
35   funds were obligated in the preceding fiscal year; and
36       (e) For projects funded in the prior biennium, the outcomes
37   achieved by the approved projects, including the reduction to net
38   negative greenhouse gas emissions, where applicable.


                                     p. 6                          HB 1263
1       (2) The department may gather data from the local governments
2   awarded the grant funding in order to develop the report.


3       NEW SECTION.     Sec. 5.    Sections 1   through   4   of   this   act
4   constitute a new chapter in Title 43 RCW.

                                --- END ---




                                   p. 7                              HB 1263


File and source

File

2021-02-05_a28445_bill_1263.pdf

Size

80,974 bytes

SHA-256

db5ba3152761c30d311e9320539a2fc7d6a29d91deeb8ebef83e759aebd7d91d

Our copy

2021-02-05_a28445_bill_1263.pdf

Original

No public link identified.