House Bill Analysis — HB 1746, State Broadband Map (Office of Program Research, 2/8/23)
Summary
House Bill Analysis of HB 1746 concerning a state broadband map, prepared by the Washington State House of Representatives Office of Program Research for the Innovation, Community & Economic Development, & Veterans Committee, with a hearing date of 2/8/23. The brief summary states that the bill requires the Statewide Broadband Office to develop and maintain a state broadband map and requires covered entities to submit broadband infrastructure deployment data to the Office. It states that the Public Works Board may prioritize applications from providers that submitted mapping data within the previous year. The analysis lists sections to be repealed, Appropriation: None, and a fiscal note requested on February 6, 2023. Emily Poole is named as staff.
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“House Bill Analysis — HB 1746, State Broadband Map (Office of Program Research, 2/8/23).”
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Washington State BILL
House of Representatives
Office of Program Research ANALYSIS
Innovation, Community & Economic
Development, & Veterans Committee
HB 1746
Brief Description: Concerning a state broadband map.
Sponsors: Representatives Ryu, Berry, Couture, Griffey, Thai, Reed, Gregerson, Sandlin,
Tharinger, Walen, Paul, Kloba, Volz, Reeves, Rule and Ormsby.
Brief Summary of Bill
• Requires the Statewide Broadband Office (Office) to develop and
maintain a state broadband map.
• Requires "covered entities" to submit data concerning broadband
infrastructure deployment to the Office to assist in developing and
maintaining the state broadband map.
• Requires broadband service providers to have provided broadband
mapping data to the Office in order to object to a proposed Public Works
Board (PWB) broadband project.
• Allows the PWB to prioritize applications from broadband service
providers who have submitted broadband mapping data to the Office
within the previous year.
Hearing Date: 2/8/23
Staff: Emily Poole (786-7106).
Background:
Statewide Broadband Office.
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 1746
The Governor's Statewide Broadband Office (Office), within the Department of Commerce
(Department), is the central broadband planning body for the state. The Office is tasked with
promoting the deployment of broadband infrastructure, developing a statewide plan to encourage
broadband access, and encouraging public-private partnerships to increase deployment of
broadband services. The Office may take all appropriate steps to seek and apply for federal
funds for which the Office is eligible and must deposit these funds in the Statewide Broadband
Account.
Department of Commerce Broadband Mapping Authority.
The Department may oversee implementation of federally funded or mandated broadband
programs for the state and adopt rules to administer the programs. The Department is designated
as the single eligible entity for purposes of federal broadband mapping activities. Any federal
funds received by the Department for broadband mapping activities must be used in accordance
with any federal requirements and may be distributed to other entities in the state on a
competitive basis. The Department must deposit into the Broadband Mapping Account funds
received from legislative appropriation, federal funding, and donated funds from private and
public sources. The Department is required to consult with the Office of Financial Management
and the Utilities and Transportation Commission in coordinating broadband mapping activities.
The Department may: (1) develop an interactive website to allow residents to self-report where
high-speed internet is available; and (2) conduct a survey of high-speed internet infrastructure
owned or leased by state agencies and create a geographic information system map of all high-
speed internet infrastructure owned or leased by the state. State agencies responding to a survey
request must respond in a timely manner and provide certain required information.
The Department is authorized to conduct a competitive bidding process to procure a geographic
information system map of high-speed internet infrastructure, service availability, and adoption.
The Department may procure this map by purchasing a completed map from a third party or
working directly with the Federal Communications Commission (FCC) to accept publicly
available data.
Public Works Board.
The Public Works Board (PWB) administers a competitive grant and loan program (Broadband
Program) to award funding to eligible applicants to promote the expansion of access to
broadband service. 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.
An applicant for the Broadband Program must provide specific information to the PWB
regarding a proposed project as part of a pre-application and application process. As part of the
House Bill Analysis -2- HB 1746
pre-application process, an applicant is required to provide information regarding the location
and description of the proposed project, the number of households passed that will gain access to
broadband service as a result of the project, evidence that the applicant contacted all existing
broadband service providers near the proposed project area, and other information.
The PWB must publish on its website the proposed geographic broadband service area and the
proposed broadband speeds for each proposed project during the pre-application period. Any
existing broadband service provider near the proposed project area may submit an objection to a
proposed broadband project. In evaluating applications, the PWB may give priority to
applications that meet certain criteria, such as applications that demonstrate project readiness to
proceed, construct infrastructure that is open access, or serve economically distressed areas.
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.
Summary of Bill:
Statewide Broadband Office.
The powers and duties of the Office are expanded to include developing and maintaining a state
broadband map. The Office is required to develop and maintain a state broadband map
indicating the addresses of serviceable locations and capability of broadband service in the state.
The Office must provide the initial map by July 1, 2024, and must update the map at least twice
per year. The Office may contract with a private entity or third-party consultant to develop the
state broadband map.
Covered entities are required to submit updated data concerning broadband infrastructure
deployment twice per year to assist the Office in developing and maintaining the state broadband
map. The information that is provided to the Office must include any information that is
required to be submitted to the FCC pursuant to the Broadband Deployment Accuracy and
Technological Availability Act. The information submitted to the Office must also include
detailed end-user location address information for broadband infrastructure deployment in the
state. Covered entities that do not provide broadband service to end-users in the state must
provide updated data regarding the location of infrastructure utilized in support of end-user
connections.
To supplement mapping information submitted by covered entities, the Office may conduct a
detailed survey of broadband infrastructure owned or leased by state agencies and compile
mapping data of broadband infrastructure owned or leased by the state. Fiber, cable, or other
infrastructure routes and addresses reported to the Office by state agencies are confidential and
not subject to disclosure. The Office may consult other state agencies and incorporate other data
House Bill Analysis -3- HB 1746
sources into the state broadband map as it deems helpful to the process of developing and
maintaining the state broadband map.
The Office is required to establish a process to receive and evaluate petitions to correct
inaccuracies in the map, which may include developing an interactive website to allow residents
to self-report whether broadband is available at their home and at what speed.
The Office is prohibited from administering state grants to a covered entity that has not complied
with mapping requirements.
"Covered entity" is defined to mean a broadband service provider or other entity that owns or
operates broadband infrastructure in the state or offers their broadband infrastructure for sale or
lease in the provision of broadband service.
Public Records.
Trade secrets and financial and commercial information and records supplied by businesses to
the Office to assist in developing the state broadband map are exempt from disclosure under the
PRA.
Public Works Board.
An applicant for a broadband grant or loan from the PWB is required to provide detailed end-
user location address information as part of the pre-application process. In evaluating
applications and awarding funds, the PWB may give priority to applications that are submitted
by applicants who have submitted broadband mapping data to the Office within the previous
year. A broadband service provider is required to have provided broadband mapping data to the
Office in order to submit an objection to a proposed PWB broadband project.
Repealed Sections.
Sections pertaining to the Broadband Mapping Account and the authority of the Department to
conduct broadband mapping activities are repealed.
Appropriation: None.
Fiscal Note: Requested on February 6, 2023.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is
passed.
House Bill Analysis -4- HB 1746
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