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House Bill 1746, State Broadband Map (Washington, 2023 Regular Session)

Summary

House Bill 1746 of the 68th Legislature, 2023 Regular Session, State of Washington, an act relating to a state broadband map, sponsored by Representatives Ryu, Berry, Couture, Griffey, Thai, and others. It was read first time on February 3, 2023 and referred to the Committee on Innovation, Community & Economic Development, & Veterans. Section 1 amends RCW 43.155.160, under which the board, in collaboration with the office, establishes a competitive grant and loan program to promote expansion of broadband service in unserved areas. The bill also amends RCW 43.330.534 and 43.155.165 and adds a new section to chapter 43.330 RCW. It repeals RCW 43.330.400, 43.330.403, 43.330.406, and 43.330.409.

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“House Bill 1746, State Broadband Map (Washington, 2023 Regular Session).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-02-08-a30718-bill-1746-015bdf2be9/, SHA-256 f8e6273399300d321e3b1696c82c5c55d993b61cb82059cd1e0234a4322b4f7b.

Full text

     H-0995.2

                                HOUSE BILL 1746


     State of Washington       68th Legislature       2023 Regular Session

     By Representatives    Ryu, Berry, Couture, Griffey, Thai, Reed,
     Gregerson, Sandlin,   Tharinger, Walen, Paul, Kloba, Volz, Reeves,
     Rule, and Ormsby

     Read first time 02/03/23.      Referred to Committee   on   Innovation,
     Community & Economic Development, & Veterans.




1        AN ACT Relating to a state broadband map; amending RCW
2    43.155.160, 43.330.534, and 43.155.165; reenacting and amending RCW
3    42.56.270; adding a new section to chapter 43.330 RCW; and repealing
4    RCW 43.330.400, 43.330.403, 43.330.406, and 43.330.409.


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


 6       Sec. 1.   RCW 43.155.160 and 2022 c 201 s 1 are each amended to
 7   read as follows:
 8       (1) The board, in collaboration with the office, shall establish
 9   a competitive grant and loan program to award funding to eligible
10   applicants in order to promote the expansion of access to broadband
11   service in unserved areas of the state.
12       (2)(a) Grants and loans may be awarded under this section to
13   assist in funding acquisition, installation, and construction of
14   middle mile and last mile infrastructure that supports broadband
15   services and to assist in funding strategic planning for deploying
16   broadband service in unserved areas.
17       (b) The board may choose to fund all or part of an application
18   for funding, provided that the application meets the requirements of
19   subsection (11) of this section.
20       (3) Eligible applicants for grants and loans awarded under this
21   section include:
                                     p. 1                            HB 1746
 1       (a) Local governments;
 2       (b) Tribes;
 3       (c) Nonprofit organizations;
 4       (d) Cooperative associations;
 5       (e) Multiparty entities comprised of public entity members;
 6       (f) Limited liability corporations organized for the purpose of
 7   expanding broadband access; and
 8       (g) Incorporated businesses or partnerships.
 9       (4)(a)   The  board   shall   develop  administrative   procedures
10   governing the preapplication and award process. The board shall act
11   as fiscal agent for the program and is responsible for receiving and
12   reviewing applications and awarding funds under this section.
13       (b) At least sixty days prior to the first day preapplications
14   may be submitted each fiscal year, the board must publish on its
15   website the specific criteria and any quantitative weighting scheme
16   or scoring system that the board will use to evaluate or rank
17   applications and award funding.
18       (c) The board may maintain separate accounting in the statewide
19   broadband account created in RCW 43.155.165 as the board deems
20   necessary to carry out the purposes of this section.
21       (d) The board must provide a method for the allocation of loans,
22   grants, provision of technical assistance, and interest rates under
23   this section.
24       (5) An applicant for a grant or loan under this section must
25   provide the following information on the preapplication:
26       (a) The location and description of the project, including
27   detailed end-user location address information for each passing;
28       (b) Evidence regarding the unserved nature of the community in
29   which the project is to be located;
30       (c) Evidence that proposed infrastructure will be capable of
31   scaling to greater download and upload speeds;
32       (d) The number of households ((passed)) that will gain access to
33   broadband service as a result of the project or whose broadband
34   service will be upgraded as a result of the project;
35       (e) Evidence that before submission of the application, the
36   applicant contacted, in writing, all entities providing broadband
37   service near the proposed project area to ask each broadband service
38   provider's plan to upgrade broadband service in the project area to
39   speeds that meet or exceed the state's definition for broadband


                                     p. 2                          HB 1746
 1   service as defined in RCW 43.330.530, within the time frame specified
 2   in the proposed grant or loan activities;
 3       (f) If applicable, the broadband service providers' written
 4   responses to the inquiry made under (e) of this subsection;
 5       (g) The proposed geographic broadband service area and the
 6   proposed broadband speeds in the form and manner prescribed by the
 7   board;
 8       (h) Evidence of community support for the project; and
 9       (i) Any additional information requested by the board.
10       (6) An applicant for a grant or loan under this section must
11   provide the following information on the application:
12       (a) The final location and description of the project;
13       (b) Evidence that the proposed infrastructure will be capable of
14   scaling to greater download and upload speeds;
15       (c) The number of households passed that will gain access to
16   broadband service as a result of the project or whose broadband
17   service will be upgraded as a result of the project;
18       (d) The estimated cost of retail services to end users
19   facilitated by a project;
20       (e) The proposed actual download and upload speeds experienced by
21   end users;
22       (f) Evidence of significant community institutions that will
23   benefit from the proposed project;
24       (g) Anticipated economic, educational, health care, or public
25   safety benefits created by the project;
26       (h) If available, a description of the applicant's user adoption
27   assistance program and efforts to promote the use of newly available
28   broadband services created by the project;
29       (i) The estimated total cost of the project;
30       (j) Other sources of funding for the project that will supplement
31   any grant or loan award;
32       (k) A demonstration of the project's long-term sustainability,
33   including   the   applicant's  financial   soundness,   organizational
34   capacity, and technical expertise;
35       (l) A strategic plan to maintain long-term operation of the
36   infrastructure;
37       (m) If applicable, documentation describing the outcome of the
38   broadband service providers' written responses to the inquiry made
39   prior to or during the preapplication phase; and
40       (n) Any additional information requested by the board.
                                     p. 3                          HB 1746
 1       (7)(a) The board shall publish on its website for at least 30
 2   days the proposed geographic broadband service area and the proposed
 3   broadband speeds for each proposed broadband project submitted in the
 4   preapplication period.
 5       (b) The board shall, within three business days following the
 6   close   of  the   preapplication  cycle,   publish   on  its   website
 7   preapplications as described in subsection (5) of this section.
 8       (c) The board shall set an objection period of at least 30 days.
 9       (8)(a) Any existing broadband service provider near the proposed
10   project area that has submitted broadband mapping data to the
11   statewide broadband office pursuant to section 3 of this act within
12   the previous year may submit in writing to the board an objection to
13   a proposed broadband project. An objection must contain information
14   demonstrating that:
15       (i) The project would result in overbuild, meaning that the
16   objecting provider currently provides, or has begun construction to
17   provide, broadband service to end users in the proposed project area
18   at speeds equal to or greater than the speeds contained in the
19   definition of broadband in RCW 43.330.530(((2))) (4); or
20       (ii) The objecting provider commits to complete construction of
21   broadband infrastructure and provide broadband service to end users
22   in the proposed project area at speeds equal to or greater than the
23   speeds   contained   in   the   definition   of   broadband in   RCW
24   43.330.530(((2))) (4), no later than twenty-four months after the
25   date awards are made under this section for the grant and loan cycle
26   under which the preapplication was submitted.
27       (b) Objections submitted to the board under this subsection must
28   be certified by affidavit.
29       (c) The board may evaluate the information submitted under this
30   section by the objecting provider and must consider it in making a
31   determination on the proposed broadband project objected to. The
32   board may request clarification or additional information. The board
33   may choose to not fund a project if the board determines that the
34   objecting provider's commitment to provide broadband service that
35   meets the requirements of (a) of this subsection in the proposed
36   project area is credible. In assessing the commitment, the board may
37   consider whether the objecting provider has or will provide a bond,
38   letter of credit, or other indicia of financial commitment
39   guaranteeing the project's completion.


                                     p. 4                          HB 1746
 1       (d) If the board denies funding to an applicant as a result of a
 2   broadband service provider's objection made under this section, and
 3   the broadband service provider does not fulfill its commitment to
 4   provide broadband service in the project area, then for the following
 5   two grant and loan cycles, the board is prohibited from denying
 6   funding to an applicant on the basis of a challenge by the same
 7   broadband service provider, unless the board determines that the
 8   broadband service provider's failure to fulfill the provider's
 9   commitment was the result of factors beyond the broadband service
10   provider's control. The board is not prohibited from denying funding
11   to an applicant for reasons other than an objection by the same
12   broadband service provider.
13       (e) An applicant or broadband service provider that objected to
14   the application may request a debriefing conference regarding the
15   board's decision on the application. Requests for debriefing must be
16   coordinated by the office and must be submitted in writing in
17   accordance with procedures specified by the office.
18       (f) Confidential business and financial information submitted by
19   an objecting provider under this subsection is exempt from disclosure
20   under chapter 42.56 RCW.
21       (9)(a) In evaluating applications and awarding funds, the board
22   shall give priority to applications that are constructed in areas
23   identified as unserved.
24       (b) In evaluating applications and awarding funds, the board may
25   give priority to applications that:
26       (i) Provide assistance to public-private partnerships deploying
27   broadband infrastructure from areas currently served with broadband
28   service to areas currently lacking access to broadband services;
29       (ii) Demonstrate project readiness to proceed;
30       (iii) Construct infrastructure that is open access, meaning that
31   during the useful life of the infrastructure, service providers may
32   use network services and facilities at rates, terms, and conditions
33   that are not discriminatory or preferential between providers, and
34   employing accountable interconnection arrangements published and
35   available publicly;
36       (iv) Are submitted by tribal governments whose reservations are
37   in rural and remote areas where reliable and efficient broadband
38   services are unavailable to many or most residents;



                                     p. 5                          HB 1746
 1       (v) Bring broadband service to tribal lands, particularly to
 2   rural and remote tribal lands or areas servicing rural and remote
 3   tribal entities;
 4       (vi) Are submitted by tribal governments in rural and remote
 5   areas that have spent significant amounts of tribal funds to address
 6   the problem but cannot provide necessary broadband services without
 7   either additional state support, additional federal support, or both;
 8       (vii) Serve economically distressed areas of the state as the
 9   term "distressed area" is defined in RCW 43.168.020;
10       (viii) Offer new or substantially upgraded broadband service to
11   important community anchor institutions including, but not limited
12   to, libraries, educational institutions, public safety facilities,
13   and health care facilities;
14       (ix) Facilitate the use of telemedicine and electronic health
15   records, especially in deliverance of behavioral health services and
16   services to veterans;
17       (x) Provide technical support and train residents, businesses,
18   and institutions in the community served by the project to utilize
19   broadband service;
20       (xi) Include a component to actively promote the adoption of
21   newly available broadband services in the community;
22       (xii) Provide evidence of strong support for the project from
23   citizens, government, businesses, and community institutions;
24       (xiii) Provide access to broadband service to a greater number of
25   unserved households and businesses, including farms;
26       (xiv) Utilize equipment and technology demonstrating greater
27   longevity of service;
28       (xv) Seek the lowest amount of state investment per new location
29   served and leverage greater amounts of funding for the project from
30   other private and public sources;
31       (xvi) Include evidence of a customer service plan;
32       (xvii) Consider leveraging existing broadband infrastructure and
33   other unique solutions;
34       (xviii) Benefit public safety and fire preparedness; ((or))
35       (xix) Are submitted by applicants who have submitted broadband
36   mapping data to the statewide broadband office pursuant to section 3
37   of this act within the previous year; or
38       (xx) Demonstrate other priorities as the board, in collaboration
39   with the office, may prescribe by rule.


                                     p. 6                          HB 1746
 1       (c) The board shall endeavor to award funds under this section to
 2   qualified applicants in all regions of the state.
 3       (d) The board shall consider affordability and quality of service
 4   to end users in making a determination on any application.
 5       (e) The board, in collaboration with the office, may develop
 6   additional rules for eligibility, project preapplications, project
 7   applications, the associated objection process, and funding priority,
 8   as provided under this subsection and subsections (3), (5), (6), (7),
 9   and (8) of this section.
10       (f) The board, in collaboration with the office, may adopt rules
11   for a voluntary nonbinding mediation between incumbent providers and
12   applicants to the grant and loan program created in this section.
13       (10) To ensure a grant or loan to a private entity under this
14   section primarily serves the public interest and benefits the public,
15   any such grant or loan must be conditioned on a guarantee that the
16   asset or infrastructure to be developed will be maintained for public
17   use for a period of at least fifteen years.
18       (11)(a) No funds awarded under this section may fund more than
19   fifty percent of the total cost of the project, except as provided in
20   (b) of this subsection.
21       (b) The board may choose to fund up to ninety percent of the
22   total cost of a project in financially distressed areas as the term
23   "distressed area" is defined in RCW 43.168.020, and in areas
24   identified as Indian country as the term "Indian country" is defined
25   in WAC 458-20-192.
26       (c) Funds awarded to a single project under this section must not
27   exceed two million dollars, except that the board may choose to fund
28   projects qualifying for the exception in (b) of this subsection up
29   to, but not to exceed, five million dollars.
30       (12) The board shall have such rights of recovery in the event of
31   default in payment or other breach of financing agreement as may be
32   provided in the agreement or otherwise by law.
33       (13) The community economic revitalization board shall facilitate
34   the timely transmission of information and documents from its
35   broadband program to the board in order to effectuate an orderly
36   transition.
37       (14)(a) Subject to rules promulgated by the board, the board may
38   make low-interest or interest-free loans or grants to eligible
39   applicants for emergency public works broadband projects. While
40   developing rules, the board shall consider prioritizing broadband
                                     p. 7                          HB 1746
 1   infrastructure projects that replace existing infrastructure impacted
 2   by an emergency, as described in (b) of this subsection.
 3       (b)   Emergency   public   works    broadband   projects  include
 4   construction, repair, reconstruction, replacement, rehabilitation, or
 5   improvement to critical broadband infrastructure that has been made
 6   necessary by a natural disaster or damaged by unforeseen events. To
 7   ensure limited resources are provided as efficiently as possible, the
 8   board shall grant priority to emergency public works projects that
 9   replace existing infrastructure of the provider whose facilities were
10   damaged by the unforeseen event and shall not provide funds to a new
11   provider to overbuild the existing provider. The loans or grants may
12   be used to help fund all or part of an emergency public works
13   broadband infrastructure project less any reimbursement from any of
14   the following sources: (i) Federal disaster or emergency funds,
15   including funds from the federal emergency management agency; (ii)
16   state disaster or emergency funds; (iii) insurance settlements; and
17   (iv) litigation.
18       (c) Eligible applicants for grants and loans awarded under this
19   subsection are the same as those described in subsection (3) of this
20   section.
21       (15) The definitions in RCW 43.330.530 apply throughout this
22   section unless the context clearly requires otherwise.
23       (16) For purposes of this section, a "proposed broadband project"
24   means a project that has been submitted as a preapplication to the
25   public works board.


26       Sec. 2. RCW 43.330.534 and 2022 c 265 s 303 are each amended to
27   read as follows:
28       (1) The office has the power and duty to:
29       (a) Serve as the central broadband planning body for the state of
30   Washington;
31       (b) Coordinate with local governments, tribes, public and private
32   entities, public housing agencies, nonprofit organizations, and
33   consumer-owned and investor-owned utilities to develop strategies and
34   plans promoting deployment of broadband infrastructure and greater
35   broadband access, while protecting proprietary information;
36       (c) Review existing broadband initiatives, policies, and public
37   and private investments;



                                     p. 8                          HB 1746
 1       (d) Develop, recommend, and implement a statewide plan to
 2   encourage cost-effective broadband access and to make recommendations
 3   for increased usage, particularly in rural and other unserved areas;
 4       (e) Update the state's broadband goals and definitions for
 5   broadband service in unserved areas as technology advances, except
 6   that the state's definition for broadband service may not be actual
 7   speeds less than twenty-five megabits per second download and three
 8   megabits per second upload; ((and))
 9       (f) Encourage public-private partnerships to increase deployment
10   and adoption of broadband services and applications; and
11       (g) Develop and maintain a state broadband map in accordance with
12   section 3 of this act and participate in federal broadband mapping
13   activities. The department, including the office, is the single
14   eligible entity in the state for purposes of the federal broadband
15   mapping activities.
16       (2) When developing plans or strategies for broadband deployment,
17   the office must consider:
18       (a)   Partnerships    between   communities,  tribes,   nonprofit
19   organizations, local governments, consumer-owned and investor-owned
20   utilities, and public and private entities;
21       (b) Funding opportunities that provide for the coordination of
22   public, private, state, and federal funds for the purposes of making
23   broadband infrastructure or broadband services available to rural and
24   unserved areas of the state;
25       (c) Barriers to the deployment, adoption, and utilization of
26   broadband service, including affordability of service and project
27   coordination logistics; and
28       (d) Requiring minimum broadband service of twenty-five megabits
29   per second download and three megabits per second upload speed, that
30   is scalable to faster service.
31       (3) The office may assist applicants for the grant and loan
32   program created in RCW 43.155.160, the digital equity opportunity
33   program created in RCW 43.330.412, and the digital equity planning
34   grant program created in RCW 43.330.5393 with seeking federal funding
35   or matching grants and other grant opportunities for deploying or
36   increasing adoption of broadband services.
37       (4) The office may take all appropriate steps to seek and apply
38   for federal funds for which the office is eligible, and other grants,
39   and accept donations, and must deposit these funds in the statewide
40   broadband account created in RCW 43.155.165.
                                     p. 9                          HB 1746
 1       (5) The office shall coordinate an outreach effort to hard-to-
 2   reach communities and low-income communities across the state to
 3   provide information about broadband programs available to consumers
 4   of these communities. The outreach effort must include, but is not
 5   limited to, providing information to applicable communities about the
 6   federal lifeline program and other low-income broadband benefit
 7   programs. The outreach effort must be reviewed by the office of
 8   equity annually. The office may contract with other public or private
 9   entities to conduct outreach to communities as provided under this
10   subsection.
11       (6) In carrying out its purpose, the office may collaborate with
12   the utilities and transportation commission, the office of the chief
13   information officer, the department of commerce, the community
14   economic revitalization board, the department of transportation, the
15   public works board, the state librarian, and all other relevant state
16   agencies.


17       NEW SECTION. Sec. 3. A new section is added to chapter 43.330
18   RCW to read as follows:
19       (1) Subject to the availability of amounts appropriated for this
20   specific purpose, the office shall develop and maintain a state
21   broadband map indicating the addresses of serviceable locations and
22   capability of broadband service in this state. The office must
23   provide the initial map by July 1, 2024, and must update the map at
24   least twice per year.
25       (2) Covered entities must submit updated data concerning
26   broadband infrastructure deployment to the office twice per year to
27   assist the office in developing and maintaining the state broadband
28   map. The information provided to the office must include any
29   information that is required to be submitted to the federal
30   communications commission pursuant to the broadband deployment
31   accuracy and technological availability act, 47 U.S.C. Sec. 641 et
32   seq., as it existed on the effective date of this section. The
33   submitted information must also include detailed end-user location
34   address information for broadband infrastructure deployment in the
35   state. Covered entities that do not provide broadband service to end-
36   users in the state must provide updated data regarding the location
37   of infrastructure utilized in support of end-user connections.
38   Covered entities must submit such information to the office annually
39   on dates specified by the office, in a manner and format to be
                                     p. 10                         HB 1746
 1   specified by the office. The dates of required submissions to the
 2   office must be within 15 days of the expiration of the dates required
 3   for submission of mapping information to the federal communications
 4   commission pursuant to the broadband deployment accuracy and
 5   technological availability act, 47 U.S.C. Sec. 641 et seq., as it
 6   existed on the effective date of this section.
 7       (3) The office may not administer any state grants to a covered
 8   entity that has not complied with the requirements of this section
 9   during the calendar year in which noncompliance was determined and
10   the following calendar year. However, nothing in this section shall
11   be construed to affect eligibility for a grant of solely federal
12   dollars that have been appropriated through the state budget to the
13   office.
14       (4) The office may only use broadband mapping data submitted by
15   covered entities in accordance with this section or share such data
16   with other state agencies to carry out the purposes and duties of the
17   office as established in RCW 43.330.532 and 43.330.534 and to support
18   the broadband goals established in RCW 43.330.536. The office may not
19   sell broadband mapping data submitted by covered entities. In
20   determining how submitted broadband mapping data may be shared with
21   other state agencies, the office must consider how to afford such
22   data the greatest confidentiality protections practicable.
23       (5) The office may contract with a private entity or third-party
24   consultant to develop and maintain the state broadband map. Any
25   contract entered into by the office and a private entity or third-
26   party consultant for the purpose of developing and maintaining the
27   state broadband map must specify that any mapping data submitted or
28   developed in accordance with this section for the purposes of
29   identifying broadband serviceable locations, classifications of
30   unserved, underserved, and served, or aggregated data and statistics
31   on broadband availability by different geography types is not the
32   property of the private entity or third-party consultant. Such
33   contract must also prohibit the disclosure by the private entity or
34   third-party consultant of any mapping data submitted to the office in
35   accordance with this section and require the private entity or third-
36   party consultant to only use submitted mapping data to effectuate the
37   purposes of the contract.
38       (6) The office must establish a process to receive and evaluate
39   petitions to correct inaccuracies in the map. Such process may
40   include developing an interactive website to allow residents to self-
                                     p. 11                         HB 1746
 1   report whether broadband is available at their home or residence and
 2   at what speed.
 3       (7) Subject to the availability of amounts appropriated for this
 4   specific purpose, to supplement mapping information submitted by
 5   covered entities, the office may also conduct a detailed survey of
 6   broadband infrastructure owned or leased by state agencies and
 7   compile mapping data of broadband infrastructure owned or leased by
 8   the state. State agencies responding to a survey request from the
 9   office under this subsection must respond in a reasonable and timely
10   manner, not to exceed 120 days. Fiber, cable, or other infrastructure
11   routes and addresses reported to the office by state agencies are
12   confidential and not subject to disclosure. In any survey request,
13   the office may request of state agencies any information it deems
14   reasonably necessary, including but not limited to:
15       (a) The routes along which state-owned fiber optic facilities are
16   in place;
17       (b) The cost of maintaining that fiber optic infrastructure, if
18   owned, or the price paid for the broadband infrastructure, if leased;
19   and
20       (c) The leasing entity, if applicable.
21       (8) The office may consult other state agencies and incorporate
22   other data sources into the state broadband map as it deems helpful
23   to the process of developing and maintaining the state broadband map.
24       (9) For the purpose of this section, the following definitions
25   apply:
26       (a) "Covered entity" means a broadband service provider or other
27   entity that owns or operates broadband infrastructure in the state or
28   offers their broadband infrastructure for sale or lease in the
29   provision of broadband service.
30       (b) "State agency" means every state office, department,
31   division, bureau, board, or commission.
32       (10) The office may adopt rules as necessary to carry out the
33   provisions of this section.


34       Sec. 4.   RCW 43.155.165 and 2019 c 365 s 8 are each amended to
35   read as follows:
36       (1) The statewide broadband account is created in the state
37   treasury. Moneys received from appropriations by the legislature, the
38   proceeds of bond sales when authorized by the legislature, repayment
39   of loans, or any other lawful source must be deposited into the
                                     p. 12                         HB 1746
 1   account for uses consistent with this section. Moneys in the account
 2   may be spent only after appropriation.
 3       (2) Expenditures from the account may be used only:
 4       (a) For grant and loan awards made under RCW 43.155.160,
 5   including costs incurred by the board to administer RCW 43.155.160;
 6       (b) To contract for data acquisition, a statewide broadband
 7   demand assessment, or gap analysis;
 8       (c) To supplement revenues raised by bonds sold by local
 9   governments for broadband infrastructure development; ((or))
10       (d) To provide for state match requirements under federal law; or
11       (e) To develop and maintain a statewide broadband map.
12       (3) The board must maintain separate accounting for any federal
13   funds in the account.
14       (4) The definitions in RCW 43.330.530 apply throughout this
15   section unless the context clearly requires otherwise.


16       Sec. 5. RCW 42.56.270 and 2022 c 201 s 2 and 2022 c 16 s 28 are
17   each reenacted and amended to read as follows:
18       The following financial, commercial, and proprietary information
19   is exempt from disclosure under this chapter:
20       (1) Valuable formulae, designs, drawings, computer source code or
21   object code, and research data obtained by any agency within five
22   years of the request for disclosure when disclosure would produce
23   private gain and public loss;
24       (2) Financial information supplied by or on behalf of a person,
25   firm, or corporation for the purpose of qualifying to submit a bid or
26   proposal for (a) a ferry system construction or repair contract as
27   required by RCW 47.60.680 through 47.60.750; (b) highway construction
28   or improvement as required by RCW 47.28.070; or (c) alternative
29   public works contracting procedures as required by RCW 39.10.200
30   through 39.10.905;
31       (3) Financial and commercial information and records supplied by
32   private persons pertaining to export services provided under chapters
33   43.163 and 53.31 RCW, and by persons pertaining to export projects
34   under RCW 43.23.035;
35       (4) Financial and commercial information and records supplied by
36   businesses or individuals during application for loans or program
37   services provided by chapters 43.325, 43.163, 43.160, 43.330, and
38   43.168 RCW and RCW 43.155.160, or during application for economic
39   development loans or program services provided by any local agency;
                                     p. 13                         HB 1746
 1       (5) Financial information, business plans, examination reports,
 2   and any information produced or obtained in evaluating or examining a
 3   business and industrial development corporation organized or seeking
 4   certification under chapter 31.24 RCW;
 5       (6) Financial and commercial information supplied to the state
 6   investment board by any person when the information relates to the
 7   investment of public trust or retirement funds and when disclosure
 8   would result in loss to such funds or in private loss to the
 9   providers of this information;
10       (7) Financial and valuable trade information under RCW 51.36.120;
11       (8) Financial, commercial, operations, and technical and research
12   information and data submitted to or obtained by the clean Washington
13   center in applications for, or delivery of, program services under
14   chapter 70.95H RCW;
15       (9) Financial and commercial information requested by the public
16   stadium authority from any person or organization that leases or uses
17   the stadium and exhibition center as defined in RCW 36.102.010;
18       (10)(a) Financial information, including but not limited to
19   account numbers and values, and other identification numbers supplied
20   by or on behalf of a person, firm, corporation, limited liability
21   company, partnership, or other entity related to an application for a
22   horse racing license submitted pursuant to RCW 67.16.260(1)(b),
23   cannabis producer, processor, or retailer license, liquor license,
24   gambling license, or lottery retail license;
25       (b) Internal control documents, independent auditors' reports and
26   financial statements, and supporting documents: (i) Of house-banked
27   social card game licensees required by the gambling commission
28   pursuant to rules adopted under chapter 9.46 RCW; or (ii) submitted
29   by tribes with an approved tribal/state compact for class III gaming;
30       (c) Valuable formulae or financial or proprietary commercial
31   information records received during a consultative visit or while
32   providing consultative services to a licensed cannabis business in
33   accordance with RCW 69.50.561;
34       (11) Proprietary data, trade secrets, or other information that
35   relates to: (a) A vendor's unique methods of conducting business; (b)
36   data unique to the product or services of the vendor; or (c)
37   determining prices or rates to be charged for services, submitted by
38   any vendor to the department of social and health services or the
39   health care authority for purposes of the development, acquisition,


                                     p. 14                         HB 1746
 1   or implementation of state purchased health care as defined in RCW
 2   41.05.011;
 3       (12)(a) When supplied to and in the records of the department of
 4   commerce:
 5       (i) Financial and proprietary information collected from any
 6   person and provided to the department of commerce pursuant to RCW
 7   43.330.050(8);
 8       (ii) Financial or proprietary information collected from any
 9   person and provided to the department of commerce or the office of
10   the governor in connection with the siting, recruitment, expansion,
11   retention, or relocation of that person's business and until a siting
12   decision is made, identifying information of any person supplying
13   information under this subsection and the locations being considered
14   for siting, relocation, or expansion of a business; and
15       (iii) Financial or proprietary information collected from any
16   person and provided to the department of commerce pursuant to RCW
17   43.31.625 (3)(b) and (4);
18       (b) When developed by the department of commerce based on
19   information as described in (a)(i) of this subsection, any work
20   product is not exempt from disclosure;
21       (c) For the purposes of this subsection, "siting decision" means
22   the decision to acquire or not to acquire a site;
23       (d) If there is no written contact for a period of sixty days to
24   the department of commerce from a person connected with siting,
25   recruitment, expansion, retention, or relocation of that person's
26   business, information described in (a)(ii) of this subsection will be
27   available to the public under this chapter;
28       (13) Financial and proprietary information submitted to or
29   obtained by the department of ecology or the authority created under
30   chapter 70A.500 RCW to implement chapter 70A.500 RCW;
31       (14) Financial, commercial, operations, and technical and
32   research information and data submitted to or obtained by the life
33   sciences discovery fund authority in applications for, or delivery
34   of, grants under RCW 43.330.502, to the extent that such information,
35   if revealed, would reasonably be expected to result in private loss
36   to the providers of this information;
37       (15) Financial and commercial information provided as evidence to
38   the department of licensing as required by RCW 19.112.110 or
39   19.112.120, except information disclosed in aggregate form that does


                                     p. 15                         HB 1746
 1   not permit the identification of information related to individual
 2   fuel licensees;
 3       (16) Any production records, mineral assessments, and trade
 4   secrets submitted by a permit holder, mine operator, or landowner to
 5   the department of natural resources under RCW 78.44.085;
 6       (17)(a) Farm plans developed by conservation districts, unless
 7   permission to release the farm plan is granted by the landowner or
 8   operator who requested the plan, or the farm plan is used for the
 9   application or issuance of a permit;
10       (b) Farm plans developed under chapter 90.48 RCW and not under
11   the federal clean water act, 33 U.S.C. Sec. 1251 et seq., are subject
12   to RCW 42.56.610 and 90.64.190;
13       (18) Financial, commercial, operations, and technical and
14   research information and data submitted to or obtained by a health
15   sciences and services authority in applications for, or delivery of,
16   grants under RCW 35.104.010 through 35.104.060, to the extent that
17   such information, if revealed, would reasonably be expected to result
18   in private loss to providers of this information;
19       (19) Information gathered under chapter 19.85 RCW or RCW
20   34.05.328 that can be identified to a particular business;
21       (20) Financial and commercial information submitted to or
22   obtained by the University of Washington, other than information the
23   university is required to disclose under RCW 28B.20.150, when the
24   information relates to investments in private funds, to the extent
25   that such information, if revealed, would reasonably be expected to
26   result in loss to the University of Washington consolidated endowment
27   fund or to result in private loss to the providers of this
28   information;
29       (21) Market share data submitted by a manufacturer under RCW
30   70A.500.190(4);
31       (22) Financial information supplied to the department of
32   financial institutions, when filed by or on behalf of an issuer of
33   securities for the purpose of obtaining the exemption from state
34   securities registration for small securities offerings provided under
35   RCW 21.20.880 or when filed by or on behalf of an investor for the
36   purpose of purchasing such securities;
37       (23) Unaggregated or individual notices of a transfer of crude
38   oil that is financial, proprietary, or commercial information,
39   submitted   to   the   department   of   ecology   pursuant  to   RCW
40   90.56.565(1)(a), and that is in the possession of the department of
                                     p. 16                         HB 1746
 1   ecology or any entity with which the department of ecology has shared
 2   the notice pursuant to RCW 90.56.565;
 3       (24) Financial institution and retirement account information,
 4   and building security plan information, supplied to the liquor and
 5   cannabis board pursuant to RCW 69.50.325, 69.50.331, 69.50.342, and
 6   69.50.345, when filed by or on behalf of a licensee or prospective
 7   licensee for the purpose of obtaining, maintaining, or renewing a
 8   license to produce, process, transport, or sell cannabis as allowed
 9   under chapter 69.50 RCW;
10       (25)   Cannabis   transport  information,   vehicle  and   driver
11   identification data, and account numbers or unique access identifiers
12   issued to private entities for traceability system access, submitted
13   by an individual or business to the liquor and cannabis board under
14   the requirements of RCW 69.50.325, 69.50.331, 69.50.342, and
15   69.50.345   for  the   purpose  of   cannabis   product  traceability.
16   Disclosure to local, state, and federal officials is not considered
17   public disclosure for purposes of this section;
18       (26) Financial and commercial information submitted to or
19   obtained by the retirement board of any city that is responsible for
20   the management of an employees' retirement system pursuant to the
21   authority of chapter 35.39 RCW, when the information relates to
22   investments in private funds, to the extent that such information, if
23   revealed, would reasonably be expected to result in loss to the
24   retirement fund or to result in private loss to the providers of this
25   information except that (a) the names and commitment amounts of the
26   private funds in which retirement funds are invested and (b) the
27   aggregate quarterly performance results for a retirement fund's
28   portfolio of investments in such funds are subject to disclosure;
29       (27) Proprietary financial, commercial, operations, and technical
30   and research information and data submitted to or obtained by the
31   liquor and cannabis board in applications for cannabis research
32   licenses under RCW 69.50.372, or in reports submitted by cannabis
33   research licensees in accordance with rules adopted by the liquor and
34   cannabis board under RCW 69.50.372;
35       (28) Trade secrets, technology, proprietary information, and
36   financial considerations contained in any agreements or contracts,
37   entered into by a licensed cannabis business under RCW 69.50.395,
38   which may be submitted to or obtained by the state liquor and
39   cannabis board;


                                     p. 17                         HB 1746
 1       (29) Financial, commercial, operations, and technical and
 2   research information and data submitted to or obtained by the Andy
 3   Hill cancer research endowment program in applications for, or
 4   delivery of, grants under chapter 43.348 RCW, to the extent that such
 5   information, if revealed, would reasonably be expected to result in
 6   private loss to providers of this information;
 7       (30) Proprietary information filed with the department of health
 8   under chapter 69.48 RCW;
 9       (31) Records filed with the department of ecology under chapter
10   70A.515 RCW that a court has determined are confidential valuable
11   commercial information under RCW 70A.515.130; ((and))
12       (32)   Unaggregated   financial,    proprietary,  or   commercial
13   information submitted to or obtained by the liquor and cannabis board
14   in applications for licenses under RCW 66.24.140 or 66.24.145, or in
15   any reports or remittances submitted by a person licensed under RCW
16   66.24.140 or 66.24.145 under rules adopted by the liquor and cannabis
17   board under chapter 66.08 RCW; and
18       (33) Trade secrets and financial and commercial information and
19   records including, but not limited to, fiber, cable, or other
20   infrastructure routes and addresses, supplied by businesses to the
21   statewide broadband office to assist the office in developing and
22   maintaining the state broadband map in accordance with section 3 of
23   this act.


24       NEW SECTION.     Sec. 6.   The following acts or parts of acts are
25   each repealed:
26      (1) RCW 43.330.400 (Broadband mapping account—Federal broadband
27   data   improvement   act   funding—Coordination   of   broadband   mapping
28   activities) and 2011 1st sp.s. c 43 s 603 & 2009 c 509 s 2;
29       (2) RCW 43.330.403 (Reporting availability of high-speed internet
30   —Survey of high-speed internet infrastructure owned or leased by
31   state agencies—Geographic information system map—Rules) and 2011 1st
32   sp.s. c 43 s 604 & 2009 c 509 s 3;
33       (3) RCW 43.330.406 (Procurement of geographic information system
34   map—Accountability and oversight structure—Application of public
35   records act) and 2011 1st sp.s. c 43 s 605 & 2009 c 509 s 4; and
36       (4) RCW 43.330.409 (Broadband mapping, deployment, and adoption—
37   Reports) and 2011 1st sp.s. c 43 s 606 & 2009 c 509 s 5.

                                    --- END ---
                                        p. 18                           HB 1746


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