SENATE BILL REPORT

SB 5917

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by Senate Committee On:

Economic Development, Trade & Innovation, February 23, 2009

Title: An act relating to developing a statewide map of high-speed internet availability and adoption.

Brief Description: Conducting an assessment of high-speed internet service in the state.

Sponsors: Senators Kohl-Welles, Kauffman, Oemig, Rockefeller, Kastama, Marr, Hatfield, Pflug, Keiser, Ranker, Hewitt, Pridemore, Honeyford, Schoesler and Delvin.

Brief History:

Committee Activity: Economic Development, Trade & Innovation: 2/12/09, 2/23/09 [DPS].

SENATE COMMITTEE ON ECONOMIC DEVELOPMENT, TRADE & INNOVATION

Majority Report: That Substitute Senate Bill No. 5917 be substituted therefor, and the substitute bill do pass.

Signed by Senators Kastama, Chair; Shin, Vice Chair; Zarelli, Ranking Minority Member; Delvin, Eide and Kilmer.

Staff: Jack Brummel (786-7428)

Background: In 2008 the Department of Information Services (DIS) was directed to convene a High-Speed Internet Strategy Work Group (the work group) and work with it to develop a statewide High-Speed Internet Deployment and Adoption Strategy. DIS and the work group released the strategy in December of 2008. Included in the strategy were recommendations that maps and inventories of the state's high-speed internet infrastructure be developed, that the state seek funding in the form of grants and donations from a variety of entities, and that DIS be authorized to coordinate the entire deployment and adoption strategy.

Summary of Bill (Recommended Substitute): DIS is to protect data that is vital to governmental security interests. In addition, DIS is to 1) create or purchase a geographic information system map of public high-speed internet services in the state; 2) purchase, from a nongovernmental entity, a map of private high-speed internet services in the state; and 3) create or purchase a statewide map of both public and private high-speed internet infrastructure in the state.

DIS is to use the complete map to identify gaps in service and is also to track adoption of high-speed internet. To spur the development of high-speed internet resources, DIS may apply for and receive federal and private funding. No other entity in the state is eligible to receive a grant under the Federal Broadband Data Improvement Act.

The Broadband Development and Deployment Account is created in the custody of the State Treasurer and is to be used to fund activities specified in the bill.

The work group is reconvened and is to prepare regular reports that identify priority areas for deployment of telecommunications infrastructure and includes details on federal and nonfederal funding.

Proprietary information must be maintained in a confidential manner by nongovernmental entities that gather it.

The act is null and void if funding for it is not received by June 30, 2011.

EFFECT OF CHANGES MADE BY ECONOMIC DEVELOPMENT, TRADE & INNOVATION COMMITTEE (Recommended Substitute): New provisions are added regarding the security of data, including the provision that DIS is to protect data that is vital to governmental security interests, and the provision that proprietary information must be maintained in a confidential manner by nongovernmental entities that gather it. Technical changes are made.

Appropriation: None.

Fiscal Note: Requested on February 11, 2009.

Committee/Commission/Task Force Created: No.

Effective Date: The bill contains an emergency clause and takes effect on July 1, 2009.

Staff Summary of Public Testimony on Original Bill: PRO: Mapping is essential to determine where to expand access in the state. Mapping identifies gaps and helps locals deal with growth management issues. We need to take advantage of federal funds.

CON: Utility information needs to be treated as proprietary for security reasons. The requirement that local publics do mapping is a cost burden. The state should start with private providers first, then local jurisdictions could voluntarily partner with privates.

OTHER: Disclosure is an issue; proprietary data needs to be protected. Government should only take in the information it needs to accomplish its goals.

Persons Testifying: PRO: Senator Kohl-Welles, prime sponsor; Sumeer Singla, Verizon; Ron Main, Broadband Cable Association; Gail Love, Communication Workers of America.

CON: Genesee Adkins, David Keyes, city of Seattle; Vicki Austin, Washington Public Utility District Association.

OTHER: Rowland Thompson, Allied Daily Newspapers.