Senate Bill 5586 — State of Washington, 67th Legislature, 2022 Regular Session (Senators Frockt, Hasegawa)

Summary

Senate Bill 5586, State of Washington, 67th Legislature, 2022 Regular Session, by Senators Frockt, Hasegawa, Mullet, and Nguyen, prefiled 12/22/21, read first time 01/10/22 and referred to the Committee on Business, Financial Services & Trade. The bill is an act relating to the authority of the community economic revitalization board with respect to loans and grants to political subdivisions and federally recognized Indian tribes for broadband. It adds a new section to chapter 43.160 RCW authorizing the board, subject to appropriations, to make broadband loans and grants to local governments and tribes. It provides that no more than 50 percent of all financial assistance approved by the board in any biennium may consist of grants.

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Full text

     S-3283.1

                                SENATE BILL 5586


     State of Washington        67th Legislature         2022 Regular Session

     By Senators Frockt, Hasegawa, Mullet, and Nguyen

     Prefiled 12/22/21. Read first time 01/10/22.       Referred to Committee
     on Business, Financial Services & Trade.




 1       AN ACT Relating to the authority of the community economic
 2   revitalization board with respect to loans and grants to political
 3   subdivisions and federally recognized Indian tribes for broadband;
 4   adding a new section to chapter 43.160 RCW; and creating a new
 5   section.


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


 7       NEW SECTION. Sec. 1. The legislature recognizes that high-speed
 8   internet connectivity through broadband is essential to support:
 9   Educational opportunity; innovations in the provision of education,
10   public safety, and health care; and business growth. The legislature
11   also finds that open access broadband networks create a public
12   platform that bolsters the private sector's ability to provide
13   broadband internet access to communities for which access was
14   previously   cost-prohibitive.    Therefore,   to   efficiently    and
15   sustainably expand access to broadband throughout Washington, this
16   act establishes a grant and loan program through the community
17   economic revitalization board for local governments and federally
18   recognized Indian tribes to develop open access broadband networks.


19       NEW SECTION. Sec. 2.    A new section is added to chapter 43.160
20   RCW to read as follows:
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 1       (1) Subject to the availability of amounts appropriated for this
 2   specific purpose, the board is authorized to make broadband loans and
 3   grants to local governments and to federally recognized Indian tribes
 4   for the purposes of financing the cost to build infrastructure to
 5   provide high-speed, open access broadband service for the purpose of
 6   economic development or community development. However, no more than
 7   50 percent of all financial assistance approved by the board in any
 8   biennium may consist of grants to local governments and federally
 9   recognized Indian tribes.
10       (2) An application for funding must be made in the form and
11   manner as the board may prescribe. In making grants or loans, the
12   board must conform to the following requirements:
13       (a) The board may not provide financial assistance for:
14       (i) A project where the primary purpose is to facilitate or
15   promote gambling; and
16       (ii) The deployment of a publicly owned telecommunications
17   infrastructure network, or backbone, solely for the sake of creating
18   a competitive, publicly owned telecommunications infrastructure
19   network;
20       (b) The board may provide financial assistance for projects that
21   encourage, foster, develop, and improve broadband within the state in
22   order to:
23       (i) Drive job creation, promote innovation, and expand markets
24   for local businesses; or
25       (ii) Serve the ongoing and growing needs of local education
26   systems, health care systems, public safety systems, industries,
27   businesses, governmental operations, and citizens;
28       (c) An application must be approved by:
29       (i) The local government and supported by the local associate
30   development organization or local workforce development council; or
31       (ii) The governing body of the federally recognized Indian tribe;
32       (d) The board may allow de minimis general system improvements to
33   be funded if they are critically linked to the viability of the
34   project;
35       (e) When evaluating and prioritizing projects, the board must
36   give consideration, at a minimum, to the following factors:
37       (i) The project's value to the community, including evidence of
38   support from affected local businesses and government;
39       (ii)   The   project's  feasibility,    using  standard   economic
40   principles;
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 1       (iii) The commitment of local matching resources and local
 2   participation;
 3       (iv) The project uses a technology-neutral approach in order to
 4   expand access at the lowest cost;
 5       (v) The project's inclusion in a capital facilities plan,
 6   comprehensive plan, or local economic development plan consistent
 7   with applicable state planning requirements; and
 8       (vi) The project's readiness to proceed.
 9       (3) A responsible official of the local government or the
10   federally recognized Indian tribe must be present during board
11   deliberations and provide information that the board requests.
12       (4) Before any financial assistance application is approved, the
13   local government or the federally recognized Indian tribe seeking the
14   assistance must demonstrate to the board that no other timely source
15   of funding is available to it at costs reasonably similar to
16   financing available from the board.
17       (5) For the purposes of this section, "broadband" means networks
18   of deployed telecommunications equipment and technologies necessary
19   to   provide   high-speed   internet  access  and   other   advanced
20   telecommunications services.

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