House Bill 2365 - Advancing Digital Opportunities for All (Washington, 2026 Regular Session)

Summary

House Bill 2365, State of Washington, 69th Legislature, 2026 Regular Session, by Representatives Gregerson, Ryu, Berry, Obras, Zahn, Scott, Ormsby, Macri, Parshley, and Pollet, prefiled 01/09/26. Its title reads "Relating to advancing digital opportunities for all" and lists RCW 43.330.532, 43.330.534, 43.330.539, 43.330.5395, and 43.330.412 as amended and RCW 43.330.530 as reenacted and amended. The opening section revises definitions, including broadband service at 100 megabits per second download and 20 megabits per second upload. The closing text covers grants under the digital opportunity program: the director must provide draft guidelines to the digital equity forum and consider the forum's input, and may use no more than 10 percent of funds for administrative expenses.

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Full text

     H-2734.2

                                HOUSE BILL 2365


     State of Washington       69th Legislature       2026 Regular Session

     By Representatives Gregerson, Ryu, Berry, Obras, Zahn, Scott, Ormsby,
     Macri, Parshley, and Pollet

     Prefiled 01/09/26. Read first time 01/12/26. Referred to Committee
     on Technology, Economic Development, & Veterans.




1        AN ACT Relating to advancing digital opportunities for all;
2    amending RCW 43.330.532, 43.330.534, 43.330.539, 43.330.5395, and
3    43.330.412; and reenacting and amending RCW 43.330.530.


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


 5       Sec. 1. RCW 43.330.530 and 2022 c 265 s 301 and 2022 c 237 s 2
 6   are each reenacted and amended to read as follows:
 7       The definitions in this section apply throughout this section and
 8   RCW 43.330.532 through 43.330.538, 43.330.412, 43.330.5393, and
 9   43.330.5395 unless the context clearly requires otherwise.
10       (1)(a) "Advanced telecommunications capability" means, without
11   regard to any transmission media or technology, high-speed, switched,
12   broadband telecommunications capability that enables users to
13   originate and receive high quality voice, data, graphics, and video
14   telecommunications using any technology.
15       (b) "Advanced telecommunications capability" does not include
16   access to a technology that delivers transmission speeds below the
17   minimum download and upload speeds provided in the definition of
18   broadband in this section.
19       (2) "Aging individual" means an individual 55 years of age or
20   older.


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 1       (3) "Board" means the public works board established in RCW
 2   43.155.030.
 3       (4) "Broadband" or "broadband service" means any service
 4   providing advanced telecommunications capability and internet access
 5   with transmission speeds that, at a minimum, provide 100 megabits per
 6   second download and 20 megabits per second upload.
 7       (5) "Broadband adoption" means the process by which an individual
 8   obtains daily access and the ability to use the internet:
 9       (a) At a speed, quality, price, and capacity necessary for the
10   individual to accomplish common tasks, such that the access qualifies
11   as an advanced telecommunications capability;
12       (b) Providing individuals with the digital skills necessary to
13   participate fully and safely online;
14       (c) On a device connected to the internet and other advanced
15   telecommunications services via a secure and convenient network, with
16   associated end user broadband infrastructure equipment such as wifi
17   mesh router or repeaters to enable the device to adequately use the
18   internet network; and
19       (d) With technical support and digital navigation assistance to
20   enable continuity of service and equipment use and utilization.
21       (6) "Broadband infrastructure" means networks of deployed
22   telecommunications equipment and technologies necessary to provide
23   high-speed internet access and other advanced telecommunications
24   services to end users.
25       (7) "Community anchor institution" means an entity, such as a
26   school, library, health clinic, health center, hospital or other
27   medical provider, public safety entity, institution of higher
28   education,   public  housing   organization,   or  community   support
29   organization, which facilitates greater use of broadband service by
30   underserved populations.
31       (8) "Department" means the department of commerce.
32       (((8))) (9) "Digital equity" means the condition in which
33   individuals and communities in Washington have the information
34   technology capacity that is needed for full participation in society,
35   democracy, and the economy.
36       (((9))) (10)(a) "Digital inclusion" means the activities that are
37   necessary to ensure that all individuals in Washington have access
38   to, and the use of, affordable information and communication
39   technologies including, but not limited to:
40       (i) Reliable broadband internet service;
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 1         (ii) Internet-enabled devices that meet the needs of the user;
 2   and
 3       (iii) Applications and online content designed to enable and
 4   encourage self-sufficiency, participation, and collaboration.
 5       (b) "Digital inclusion" also includes obtaining access to digital
 6   literacy training, the provision of quality technical support, and
 7   obtaining basic awareness of measures to ensure online privacy and
 8   cybersecurity.
 9       (((10))) (11) "Digital literacy" means the skills associated with
10   using   technology   to   enable  users    to   use  information   and
11   communications technologies to find, evaluate, organize, create, and
12   communicate information.
13       (((11)))   (12)   "Last  mile   infrastructure"  means   broadband
14   infrastructure that serves as the final connection from a broadband
15   service provider's network to the end-use customer's on-premises
16   telecommunications equipment.
17       (((12)))   (13)  "Local   government"   includes    cities,   towns,
18   counties, municipal corporations, public port districts, public
19   utility districts, quasi-municipal corporations, special purpose
20   districts, and multiparty entities comprised of public entity
21   members.
22       (((13))) (14) "Low-income" means households ((as defined by the
23   department of social and health services, provided that the
24   definition may not exceed the higher of 80 percent of area median
25   household income or the self-sufficiency standard as determined by
26   the University of Washington's self-sufficiency calculator.
27       (14))) with a household income that does not exceed the higher
28   level of 200 percent of the federal poverty level or the self-
29   sufficiency standard produced by the University of Washington, as
30   determined by household size and location.
31       (15) "Middle mile infrastructure" means broadband infrastructure
32   that links a broadband service provider's core network infrastructure
33   to last mile infrastructure.
34       (((15))) (16) "Office" means the governor's statewide broadband
35   office established in RCW 43.330.532.
36       (((16))) (17) "Tribe" means any federally recognized Indian tribe
37   whose traditional lands and territories included parts of Washington.
38       (((17)))   (18)  "Underserved   population"   means    any  of   the
39   following:
40       (a) Individuals who live in low-income households;
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 1       (b) Aging individuals;
 2       (c) Incarcerated individuals;
 3       (d) Veterans;
 4       (e) Individuals with disabilities;
 5       (f) Individuals with a language barrier, including individuals
 6   ((who are English learners)) with limited English proficiency or who
 7   have low levels of literacy;
 8       (g) Individuals who are members of a racial or ethnic minority
 9   group;
10       (h) Individuals who primarily reside in a rural area;
11       (i) ((Children and youth)) Dependents in foster care; or
12       (j) Individuals experiencing housing instability.
13       (((18))) (19) "Unserved areas" means areas of Washington in which
14   households and businesses lack access to adequate, reliable, and
15   affordable broadband service, as defined by the office.


16       Sec. 2. RCW 43.330.532 and 2022 c 265 s 302 are each amended to
17   read as follows:
18       (1) The governor's statewide broadband office is established. The
19   director of the office must be appointed by the governor. The office
20   may employ staff necessary to carry out the office's duties as
21   prescribed by chapter 365, Laws of 2019, subject to the availability
22   of amounts appropriated for this specific purpose.
23       (2) The purpose of the office is to encourage, foster, develop,
24   and   improve  affordable((,))   and   quality  broadband,  broadband
25   adoption, and digital equity within the state in order to:
26       (a) Drive job creation, promote innovation, improve economic
27   vitality, and expand markets for Washington businesses;
28       (b) Serve the ongoing and growing needs of Washington's education
29   systems, health care systems, public safety systems, transportation
30   systems, industries and business, governmental operations, and
31   citizens; and
32       (c) Improve broadband accessibility and adoption for unserved and
33   underserved communities and populations.


34       Sec. 3.   RCW 43.330.534 and 2024 c 54 s 53 are each amended to
35   read as follows:
36       (1) The office has the power and duty to:
37       (a) Serve as the central broadband planning body for the state of
38   Washington;
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 1       (b) Coordinate with relevant state agencies, local governments,
 2   tribes, public and private entities, public housing agencies,
 3   community anchor institutions, nonprofit organizations, and consumer-
 4   owned and investor-owned utilities to develop strategies and plans
 5   promoting   deployment   of  broadband   infrastructure  and   greater
 6   broadband access and broadband adoption, while protecting proprietary
 7   information;
 8       (c) Review existing broadband initiatives, policies, and public
 9   and private investments;
10       (d) Develop, recommend, and implement a statewide plan to
11   encourage cost-effective broadband access and to make recommendations
12   for increased usage, particularly in rural and other unserved areas;
13       (e) Update the state's broadband goals and definitions for
14   broadband service in unserved areas as technology advances, except
15   that the state's definition for broadband service may not be actual
16   speeds less than ((twenty-five)) 100 megabits per second download and
17   ((three)) 20 megabits per second upload; and
18       (f) Encourage public-private partnerships to increase deployment
19   and adoption of broadband services and applications.
20       (2) When developing plans or strategies for broadband deployment
21   and adoption, the office must consider:
22       (a)   Partnerships   between    communities,   tribes,  nonprofit
23   organizations, local governments, consumer-owned and investor-owned
24   utilities, and public and private entities;
25       (b) Funding opportunities that provide for the coordination of
26   public, private, state, and federal funds for the purposes of making
27   broadband infrastructure or broadband services available to rural and
28   unserved areas of the state;
29       (c) Barriers to the deployment, adoption, and utilization of
30   broadband service, including affordability of service and project
31   coordination logistics; and
32       (d) Requiring minimum broadband service of ((twenty-five)) 100
33   megabits per second download and ((three)) 20 megabits per second
34   upload speed, that is scalable to faster service.
35       (3) The office may assist applicants for the grant and loan
36   program created in RCW 43.155.160, the digital ((equity)) opportunity
37   program created in RCW 43.330.412, and the digital equity planning
38   grant program created in RCW 43.330.5393 with seeking federal funding
39   or matching grants and other grant opportunities for deploying or
40   increasing adoption of broadband services.
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 1       (4) The office may take all appropriate steps to seek and apply
 2   for federal funds for which the office is eligible, and other grants,
 3   and accept donations, and must deposit these funds in the statewide
 4   broadband account created in RCW 43.155.165 or in the digital equity
 5   account created in RCW 80.36.710 as appropriate to the funding
 6   purposes.
 7       (5) The office shall coordinate an outreach effort to hard-to-
 8   reach communities and low-income communities across the state to
 9   provide information about broadband programs available to consumers
10   of these communities. The outreach effort must include, but is not
11   limited to, providing information to applicable communities about the
12   federal lifeline program and other low-income broadband benefit
13   programs, including updated information regarding eligibility and
14   enrollment. To assist with the outreach effort, the office shall
15   request that broadband internet service providers report their three
16   lowest cost tiers of retail internet service, unless this information
17   is already publicly available elsewhere. Cost information that is
18   received must be provided in the outreach materials available. The
19   outreach effort must be reviewed by the ((office of equity)) digital
20   equity forum annually. The office may contract with other public or
21   private entities to conduct outreach to communities as provided under
22   this subsection. For purposes of this subsection, "hard-to-reach
23   communities" include rural and frontier geographic areas where
24   distance or terrain are barriers, as well as other areas where
25   underserved populations are harder to reach due to language or
26   disability barriers.
27       (6) In carrying out its purpose, the office ((may collaborate
28   with)) shall consider collaborating with federally recognized tribes
29   and all relevant state agencies, including, but not limited to, the
30   utilities   and  transportation   commission,  Washington  technology
31   solutions, the department of commerce, the community economic
32   revitalization board, the department of transportation, the public
33   works board, the state librarian, ((and all other relevant state
34   agencies)) the department of social and health services, and the
35   office of the superintendent of public instruction.


36       Sec. 4. RCW 43.330.539 and 2022 c 265 s 201 are each amended to
37   read as follows:
38       (1) The office, in consultation with the digital equity forum,
39   the utilities and transportation commission, ((and)) the department
                                     p. 6                          HB 2365
 1   of social and health services, ((must develop)) and other relevant
 2   state agencies, must develop, coordinate implementation of, and
 3   monitor progress in implementing a state digital equity plan.
 4       (a) The office must seek any available federal or other funding
 5   for purposes of developing and implementing the state digital equity
 6   plan.
 7       (b) The state digital equity plan must include such elements as
 8   the office determines are necessary to leverage federal and other
 9   funding.
10       (2) In developing and implementing the plan, the office must
11   identify measurable objectives for documenting and promoting digital
12   equity among underserved communities located in the state.
13       (3) By ((December 1, 2023)) January 1, 2027, and every two years
14   thereafter, the office must submit a report to the governor and the
15   appropriate committees of the legislature, including the following:
16       (a) The digital equity plan described in subsection (1) of this
17   section and measurable objectives described in subsection (2) of this
18   section in accordance with the following:
19       (i) The digital equity plan submitted by January 1, 2027, must be
20   based on the 2024 internet for all in Washington digital equity plan
21   developed by the office; and
22       (ii) After January 1, 2027, the office shall review and update
23   the state digital equity plan before every report submission;
24       (b) A description of how the office ((collaborated)) is
25   collaborating with the membership of the digital equity forum, state
26   agencies, and key ((stakeholders)) partners to develop and implement
27   the plan including, but not limited to, the following:
28       (i) Community anchor institutions;
29       (ii) Local governments;
30       (iii) Local educational agencies;
31       (iv) Entities that carry out workforce development programs; and
32       (v) Broadband service providers;
33       (c) A description of ((federal)) current and foreseeable future
34   funding available to advance digital equity in the state((, including
35   any available information on the extent to which state residents have
36   enrolled in the affordable connectivity program through an approved
37   provider)); ((and))
38       (d) An evaluation of progress made in implementing the state
39   digital equity plan, including an assessment of existing state
40   digital equity initiatives, policies, programs, funding needs, and
                                     p. 7                          HB 2365
 1   public and private investments, including a recommended model for
 2   future program, infrastructure, and outreach investments; and
 3       (e) Recommendations of additional state law or policy that can be
 4   targeted to help improve broadband adoption and affordability for
 5   state residents. This may include recommendations of ongoing
 6   subsidies that the state can provide to low-income individuals and
 7   community anchor institutions, as well as identification of revenue
 8   sources that other states or jurisdictions have developed to fund
 9   such subsidies or discounted rates.
10       (4) The report required by this section may be combined with the
11   report required by RCW 43.330.538.
12       (5) For the purpose of this section, "office" means the statewide
13   broadband office established in RCW 43.330.532.


14       Sec. 5. RCW 43.330.5395 and 2022 c 265 s 306 are each amended to
15   read as follows:
16       (1) The Washington digital equity forum is established for the
17   purpose   of    developing   recommendations   to    advance   digital
18   connectivity, broadband adoption, and digital equity in Washington
19   state ((and advising the statewide broadband office on the digital
20   equity opportunity program as provided under RCW 43.330.412 and the
21   digital equity planning grant program as provided under RCW
22   43.330.5393)).
23       (2) In developing its recommendations to advance digital
24   connectivity, broadband adoption, and digital equity, the forum must:
25       (a) Develop goals that are consistent with the goals of the
26   governor's statewide broadband office, as provided in RCW 43.330.536;
27       (b) Strengthen public-private partnerships, cooperatives, and
28   other partnerships that promote digital connectivity, broadband
29   adoption, and digital equity;
30       (c) Solicit public input and increase awareness of digital equity
31   needs and resources through public hearings or informational
32   sessions;
33       (d) Work to increase collaboration and communication between
34   local, state, and federal governments and agencies((; and
35       (e) Recommend)), tribal governments, and other partners;
36       (e) Recommend opportunities for sustainable digital equity
37   funding, including reforms to current universal service mechanisms;
38       (f) Consider related issues within its scope brought by members
39   of the forum or the public;
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 1       (g) Consult with the statewide broadband office and other
 2   agencies on the state digital equity plan and the plan implementation
 3   in accordance with RCW 43.330.539;
 4       (h) Annually review the outreach effort coordinated by the office
 5   pursuant to RCW 43.330.534; and
 6       (i) Provide feedback on the digital equity planning grant
 7   program, the digital opportunity program, or other digital equity
 8   grant programs.
 9       (3)(a) The director((s)) of the governor's statewide broadband
10   office ((and the Washington state office of equity are)), in
11   consultation with the digital equity forum chair or cochairs and the
12   Washington state office of equity, is responsible for appointing
13   participating members of the digital equity forum ((and no
14   appointment may be made unless each director concurs in the
15   appointment)).
16       (b) In making appointments, the director((s)) must prioritize
17   appointees representing:
18       (((a))) (i) Federally recognized tribes;
19       (((b))) (ii) State and local agencies involved in digital equity;
20   and
21       (((c))) (iii) Underserved and unserved communities, including
22   historically disadvantaged communities.
23       (c) The director must also consider appointees representing
24   broadband providers, the technology industry, and philanthropy, as
25   well as appointees representing the health industry and legal and
26   justice system.
27       (4) A majority of the ((participating)) members appointed by the
28   director((s must)) may appoint an administrative chair or cochairs
29   for the forum.
30       (5) In addition to members appointed by the director((s)), four
31   legislators may serve on the digital equity forum in an ex officio
32   capacity. Legislative participants must be appointed as follows:
33       (a) The speaker of the house of representatives must appoint one
34   member from each of the two largest caucuses of the house of
35   representatives; and
36       (b) The president of the senate must appoint one member from each
37   of the two largest caucuses of the senate.
38       (6)(((a) Funds appropriated to the forum may be used to
39   compensate, for any work done in connection with the forum,


                                     p. 9                          HB 2365
 1   additional persons who have lived experience navigating barriers to
 2   digital connectivity and digital equity.
 3       (b) Each member of the digital equity forum shall serve without
 4   compensation but may be reimbursed for travel expenses as authorized
 5   in RCW 43.03.050 and 43.03.060)) Members of the forum may receive a
 6   stipend in order to implement the principles of equity described in
 7   RCW 43.06D.020, provided that the individuals are not otherwise
 8   compensated for their attendance at meetings.
 9       (7)(a) Staff for the digital equity forum must be provided by the
10   governor's statewide broadband office ((and the Washington state
11   office of equity)). The governor's statewide broadband office ((and
12   the Washington state office of equity are jointly)) is responsible
13   for transmitting the recommendations of the digital equity forum to
14   the legislature, consistent with RCW 43.01.036, by October 28, 2025,
15   and every odd-numbered year thereafter.
16       (b)   The   digital   equity   forum   may   provide   additional
17   recommendations or comment on related matters under the scope of the
18   digital equity forum, according to its adopted charter and discretion
19   of the chair or cochairs.


20       Sec. 6. RCW 43.330.412 and 2022 c 265 s 304 are each amended to
21   read as follows:
22       The digital ((equity)) opportunity program is created to advance
23   broadband adoption and digital equity and inclusion throughout the
24   state.   The   digital   ((equity))  opportunity   program  must   be
25   administered by the department. The department may focus on outreach
26   and prioritize elements of this program based on funding levels and
27   the goals of the state digital equity plan. The department may
28   contract for services in order to carry out the department's
29   obligations under this section.
30       (1) In implementing the digital ((equity)) opportunity program
31   the director must, to the extent funds are appropriated for this
32   purpose:
33       (a) Provide organizational and capacity building support to
34   digital equity programs and regional coalitions supporting digital
35   equity advancement throughout the state and additional support for
36   the purpose of:
37       (i) Evaluating the impact and efficacy of activities supported by
38   grants awarded under the covered programs; ((and))


                                     p. 10                         HB 2365
 1       (ii) Enabling local and regional directories of digital equity
 2   program services, community needs assessments, and tracking of lower-
 3   cost broadband offerings; and
 4       (iii) Developing, cataloging, disseminating, and promoting the
 5   exchange of best practices, with respect to and independent of the
 6   covered programs, in order to achieve digital equity. ((After July 1,
 7   2024, no)) No more than 15 percent of funds received by the director
 8   for the program may be expended on these functions;
 9       (b) Establish a competitive grant program and provide grants to
10   ((community technology)) digital equity programs to advance digital
11   equity and digital inclusion by providing:
12       (i) Training and skill-building opportunities;
13       (ii) Access to hardware and software, including accessibility
14   tools and online service costs such as application and software;
15       (iii) ((Internet connectivity;
16       (iv)   Digital    media   literacy   and))   Small-scale  internet
17   connectivity projects, including wireless mesh installations, that
18   enable more affordable internet in low-income housing and limited
19   areas, and which do not conflict with or replicate other state
20   broadband deployment projects;
21       (iv) Fundamentals of generative artificial intelligence literacy,
22   digital media literacy, and online safety and privacy cybersecurity
23   training;
24       (v) Assistance in the adoption of information and communication
25   technologies for low-income and underserved populations of the state
26   through digital navigators, digital skills training, and related
27   approaches;
28       (vi) Development of locally relevant content and delivery of
29   vital services through technology; and
30       (vii) Technical support; and
31       (c)   Collaborate    with  broadband   ((stakeholders))  partners,
32   including broadband action teams across the state, in implementing
33   the program as provided under this subsection((; and
34       (d) For the purposes of this section, include wireless meshed
35   network technology)).
36       (2) Grant applicants must:
37       (a) Provide evidence that the applicant is a nonprofit entity or
38   a public entity that is working in partnership with a nonprofit
39   entity;
40       (b) Define the geographic area or population to be served;
                                     p. 11                         HB 2365
 1       (c) Provide evidence that the applicant is in partnership with
 2   locally based organizations or governments in each local county or
 3   tribal area it will serve, unless the only county or tribal area to
 4   be served is where the applicant entity is located;
 5       (d) Include in the application the results of a needs assessment
 6   addressing, in the geographic area or among the population to be
 7   served: The impact of inadequacies in technology access or knowledge,
 8   barriers faced, and services needed;
 9        (((d))) (e) Explain in detail the strategy for addressing the
10   needs identified and an implementation plan including objectives,
11   tasks, and benchmarks for the applicant and the role that other
12   organizations will play in assisting the applicant's efforts;
13       (((e))) (f) Provide evidence that funds applied for, if received,
14   will    be  used  to  provide   effective   delivery  of   ((community
15   technology)) digital equity services in alignment with the goals of
16   this program and to increase the applicant's level of effort beyond
17   the current level; and
18       (((f))) (g) Comply with such other requirements as the director
19   establishes.
20       (3) ((The digital equity forum shall review grant applications
21   and provide input to the director regarding the prioritization of
22   applications in awarding grants among eligible applicants under the
23   program)) The director must provide draft eligibility guidelines,
24   selection criteria, the application form, and outreach materials to
25   be used in promoting and awarding grants under the digital
26   opportunity program to the digital equity forum on a timely basis and
27   consider the forum's input.
28       (4) In awarding grants under the digital ((equity)) opportunity
29   program created in this section, the director must:
30       (a) Consider ((the input provided by the digital equity forum, as
31   provided in subsection (3) of this section, in awarding grants; and
32       (b))) whether the grant award furthers the goals of the state
33   digital equity plan;
34       (b) Consider the opportunity to leverage additional federal and
35   private investment;
36       (c) Consider the requirements and intent associated with federal
37   or private funds contributed for these purposes; and
38       (d) Consider the extent to which the mix of grants awarded would
39   increase ((in)) the number of prekindergarten through 12th grade
40   students gaining access to greater levels of digital inclusion ((as a
                                     p. 12                         HB 2365
1   factor in awarding grants)), while also considering the geographic
2   distribution of such students.
3       (5) The director may use no more than 10 percent of funds
4   received for the digital ((equity)) opportunity program to cover
5   administrative expenses.
6       (6) The director must establish expected program outcomes for
7   each grant recipient and must require grant recipients to provide an
8   annual accounting of program outcomes.

                                --- END ---




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