House Bill 1982 — Broadband Loans and Grants (Washington, 2024 Regular Session)

Summary

House Bill 1982 of the State of Washington, 68th Legislature, 2024 Regular Session, by Representatives Waters, Shavers, Ryu, Couture and others. 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 amends RCW 43.160.020, adds a new section to chapter 43.160 RCW and creates a new section. Section 1 states that the legislature recognizes high-speed internet connectivity through broadband as essential, and that the act establishes a grant and loan program through the board for local governments and tribes to develop open-access broadband networks. It was prefiled 12/19/23 and read first time 01/08/24.

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Full text

     H-2235.1

                                HOUSE BILL 1982


     State of Washington       68th Legislature       2024 Regular Session

     By Representatives Waters, Shavers, Ryu, Couture, Ramos, McClintock,
     Callan, Cheney, Doglio, Sandlin, Paul, Harris, Berg, Tharinger,
     Riccelli, and Santos

     Prefiled 12/19/23. Read first time 01/08/24. Referred to Committee
     on Innovation, Community & Economic Development, & Veterans.




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    amending RCW 43.160.020; adding a new section to chapter 43.160 RCW;
5    and creating a new 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       Sec. 2.   RCW 43.160.020 and 2012 c 225 s 3 are each amended to
20   read as follows:
                                     p. 1                           HB 1982
 1       Unless the context clearly requires otherwise, the definitions in
 2   this section apply throughout this chapter.
 3       (1) "Board" means the community economic revitalization board.
 4       (2) "Broadband" means a network of deployed telecommunications
 5   equipment and technologies necessary to provide high-speed internet
 6   access and other advanced telecommunications services.
 7       (3) "Department" means the department of commerce.
 8       (((3))) (4) "Local government" or "political subdivision" means
 9   any port district, county, city, town, special purpose district, and
10   any other municipal corporations or quasi-municipal corporations in
11   the state providing for public facilities under this chapter.
12       (((4))) (5) "Public facilities" means a project of a local
13   government or a federally recognized Indian tribe for the planning,
14   acquisition,   construction,  repair,   reconstruction,   replacement,
15   rehabilitation, or improvement of: Bridges; roads; research, testing,
16   training, and incubation facilities in areas designated as innovation
17   partnership zones under RCW 43.330.270; buildings or structures;
18   domestic and industrial water, earth stabilization, sanitary sewer,
19   storm     sewer,    railroad,     electricity,    telecommunications,
20   transportation, natural gas, and port facilities; all for the purpose
21   of job creation, job retention, or job expansion.
22       (((5))) (6) "Rural county" means a county with a population
23   density of fewer than one hundred persons per square mile or a county
24   smaller than two hundred twenty-five square miles, as determined by
25   the office of financial management and published each year by the
26   department for the period July 1st to June 30th.


27       NEW SECTION. Sec. 3. A new section is added to chapter 43.160
28   RCW to read as follows:
29       (1) The board is authorized to make rural broadband loans and
30   grants to local governments and to federally recognized Indian tribes
31   for the purposes of financing the cost to build infrastructure to
32   provide high-speed, open-access broadband service, to rural and
33   underserved communities, for the purpose of economic or community
34   development.
35       (2) Applications for funding must be made in the form and manner
36   as the board may prescribe. In making grants or loans the board must
37   conform to the following requirements:
38       (a) The board may not provide financial assistance:


                                     p. 2                          HB 1982
 1       (i) For a project the primary purpose of which is to facilitate
 2   or promote a retail shopping development or expansion; or
 3       (ii) For the deployment of publicly owned telecommunications
 4   network infrastructure (commonly referred to as "backbone") solely
 5   for    the   sake    of   creating    competitive,   publicly   owned
 6   telecommunications network infrastructure.
 7       (b) The board may provide financial assistance only for projects
 8   located in a rural community as defined by the board, or located in a
 9   rural county, that encourage, foster, develop, and improve broadband
10   within the state in order to:
11       (i) Drive job creation, promote innovation, and expand markets
12   for local businesses; or
13       (ii) Serve the ongoing and growing needs of the local education
14   system, health care system, public safety system, industries and
15   businesses, governmental operations, and citizens.
16       (c) An application must be approved by the local government and
17   supported by the local associate development organization or local
18   workforce development council or approved by the governing body of
19   the federally recognized Indian tribe.
20       (d) The board may allow de minimis general system improvements to
21   be funded if they are critically linked to the viability of the
22   project.
23       (e) When evaluating and prioritizing projects, the board must
24   give consideration, at a minimum, to the following factors:
25       (i) The project's value to the community, including evidence of
26   support from affected local businesses and government;
27       (ii)   The   project's  feasibility,   using   standard    economic
28   principles;
29       (iii)   Commitment   of  local   matching  resources    and   local
30   participation;
31       (iv) The project's use of a technology-neutral approach in order
32   to expand access at the lowest cost;
33       (v) The project's inclusion in a capital facilities plan,
34   comprehensive plan, or local economic development plan consistent
35   with applicable state planning requirements; and
36       (vi) The project's readiness to proceed.
37       (3) A responsible official of the local government or the
38   federally recognized Indian tribe must be present during board
39   deliberations and provide information that the board requests.


                                      p. 3                          HB 1982
1       (4) Before any financial assistance application is approved, the
2   local government or the federally recognized Indian tribe seeking the
3   assistance must demonstrate to the board that no other timely source
4   of funding is available to it at costs reasonably similar to
5   financing available from the board.

                                 --- END ---




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