House Bill Analysis - HB 1673, Broadband Infrastructure Loans and Grants (Hearing 1/11/22)
Summary
A House Bill Analysis of HB 1673 prepared by the Office of Program Research for the Community & Economic Development Committee, with a hearing date of 1/11/22. The bill concerns broadband infrastructure loans and grants made by the public works board, and the analysis lists sponsors including Representatives Ryu, Donaghy and Leavitt, by request of Public Works Board. Its brief summary says the bill modifies application and public notice requirements for the Broadband Program, eliminates a Utilities and Transportation consultation and technical feasibility study, allows low-interest or interest-free loans or grants for emergency public works broadband projects, and exempts certain application records from public disclosure. It states Appropriation: None and Fiscal Note: Requested on January 5, 2022.
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“House Bill Analysis - HB 1673, Broadband Infrastructure Loans and Grants (Hearing 1/11/22).”
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Washington State BILL
House of Representatives
Office of Program Research ANALYSIS
Community & Economic Development
Committee
HB 1673
Brief Description: Concerning broadband infrastructure loans and grants made by the public
works board.
Sponsors: Representatives Ryu, Donaghy, Leavitt, Boehnke and Eslick; by request of Public
Works Board.
Brief Summary of Bill
• Modifies certain application and public notice requirements for the
Public Works Board's grant and loan program (Broadband Program).
• Eliminates a Broadband Program requirement for a Utilities and
Transportation consultation and technical feasibility study.
• Allows the Public Works Board (PWB) to make low-interest or interest-
free loans or grants for emergency public works broadband projects.
• Exempts from public disclosure financial and commercial information
and records supplied by businesses or individuals during the application
for Broadband Program loans or program services.
Hearing Date: 1/11/22
Staff: Cassie Jones (786-7303).
Background:
Public Works Board.
The Public Works Board (PWB) administers the Public Works Assistance Account and provides
This analysis was prepared by non-partisan legislative staff for the use of legislative
members in their deliberations. This analysis is not part of the legislation nor does it
constitute a statement of legislative intent.
House Bill Analysis -1- HB 1673
financial and technical assistance to local governments in addressing local infrastructure and
public works projects by making loans, grants, financing guarantees, and technical assistance
available to local governments for these projects.
Emergency Loan Program.
The PWB may make low-interest or interest-free loans or grants to local governments for
emergency public works projects. Emergency public works projects are public works projects
made necessary by a natural disaster or an immediate and emergent threat to the public health
and safety due to unforeseen or unavoidable circumstances. The loans or grants may be used to
help fund all or part of an emergency public works project less any reimbursement from certain
specified sources.
Broadband Program.
The PWB administers a competitive grant and loan program (Broadband Program) to award
funding to eligible applicants in order to promote the expansion of access to broadband service in
unserved areas. Grants and loans may be awarded under the Broadband Program to assist in
funding acquisition, installation, and construction of middle mile and last mile infrastructure that
supports broadband services and to assist in funding strategic planning for deploying broadband
service in unserved areas. Eligible applicants include local governments, tribes, nonprofit
organizations, cooperative associations, multiparty entities comprised of public entities, limited
liability corporations organized for the purpose of expanding broadband access, and incorporated
businesses or partnerships.
An applicant for the Broadband Program must provide specific information to the PWB as part
of the application process. For instance, an applicant is required to provide evidence that no later
than six weeks before submission of the application, the applicant contacted all entities providing
broadband service near the proposed project area to ask for each broadband service provider's
plan to upgrade broadband service in the project area. Applicants must also provide the
broadband service provider's response. Within 30 days of the close of the application process,
the PWB must publish on its website the proposed geographic broadband service area and the
proposed broadband speeds for each application submitted. An existing broadband service
provider may object to an application within 30 days of the publication of the proposed
geographic service area.
Prior to awarding funds under the Broadband Program, the PWB must consult with the Utilities
and Transportation Commission (UTC). The UTC must provide to the PWB a technical
feasibility assessment for a proposed application. The PWB must consider the UTC's assessment
as part of its evaluation of a proposed application.
Public Records.
The Public Records Act (PRA) requires state and local agencies to make all public records
available for public inspection and copying unless a record falls within an exemption in the PRA
or another statute that exempts or prohibits disclosure of specific information or records. There
is an exemption under the PRA for certain financial, commercial, and proprietary information.
House Bill Analysis -2- HB 1673
For example, financial and commercial information and records supplied by businesses or
individuals during application for certain loans or program services are exempt from disclosure.
Summary of Bill:
The requirement that an applicant to the PWB's Broadband Program contact existing broadband
service providers is modified to remove the requirement that the contact occur no later than six
weeks before submission of the application. An applicant must provide evidence that no later
than 30 days prior to submission of the application, that the applicant submitted the proposed
geographic broadband service area and the proposed broadband speeds to the PWB.
The PWB must publish on its website for at least 30 days the proposed geographic broadband
service area and the proposed speeds for each application submitted, instead of publishing the
information within 30 days of the close of the grant and loan application process.
The following provisions related to the UTC are eliminated:
• the requirement that the PWB consult with the UTC prior to awarding funds; and
• the requirement that the UTC provide the PWB a technical feasibility assessment of
proposed applications.
The PWB may make low-interest or interest-free loans or grants to eligible applicants for
emergency public works broadband projects. Emergency public works broadband projects
include construction, repair, reconstruction, replacement, rehabilitation, or improvement to
critical broadband infrastructure that has been damaged by unforeseen events. The loans or
grants may be used to help fund all or part of an emergency public works broadband
infrastructure project less any reimbursement from certain specified sources.
Financial and commercial information and records supplied by businesses or individuals during
the application for loans or program services provided by the Broadband Program are exempt
from disclosure under the PRA.
Appropriation: None.
Fiscal Note: Requested on January 5, 2022.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is
passed.
House Bill Analysis -3- HB 1673
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