BILL REQ. #:  S-1980.1 

READ FIRST TIME 02/24/09.   

     AN ACT Relating to developing a statewide map of high-speed internet availability and adoption; amending RCW 43.105.020 and 43.105.350; adding new sections to chapter 43.105 RCW; creating new sections; providing an effective date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   (1) The legislature finds and declares the following:
     (a) The deployment and adoption of high-speed internet services and information technology has resulted in enhanced economic development and public safety for the state's communities, improved health care and educational opportunities, stimulated business and job growth, increased the amount of valuable information available to residents, businesses, and institutions, and served to provide a better quality of life for the state's residents.
     (b) Continued progress in the deployment and adoption of affordable, reliable high-speed internet services and other advanced telecommunications services will benefit all citizens and businesses within the state.
     (2) Therefore, it is the legislature's intent to conduct a statewide assessment of the availability, location, service levels, and other characteristics of high-speed internet services and other advanced telecommunications services in the state.

Sec. 2   RCW 43.105.020 and 2003 c 18 s 2 are each amended to read as follows:
     ((As used in this chapter, unless the context indicates otherwise, the following definitions shall apply:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of information services((;)).
     (2) "Board" means the information services board((;)).
     (3) "Committee" means the state interoperability executive committee((;)).
     (4) "Local governments" includes all municipal and quasi municipal corporations and political subdivisions, and all agencies of such corporations and subdivisions authorized to contract separately((;)).
     (5) "Director" means the director of the department((;)).
     (6) "Purchased services" means services provided by a vendor to accomplish routine, continuing, and necessary functions. This term includes, but is not limited to, services acquired for equipment maintenance and repair, operation of a physical plant, security, computer hardware and software installation and maintenance, telecommunications installation and maintenance, data entry, keypunch services, programming services, and computer time-sharing((;)).
     (7) "Backbone network" means the shared high-density portions of the state's telecommunications transmission facilities. It includes specially conditioned high-speed communications carrier lines, multiplexors, switches associated with such communications lines, and any equipment and software components necessary for management and control of the backbone network((;)).
     (8) "Telecommunications" means the transmission of information by wire, radio, optical cable, electromagnetic, or other means((;)).
     (9) "Information" includes, but is not limited to, data, text, voice, and video((;)).
     (10) "Information processing" means the electronic capture, collection, storage, manipulation, transmission, retrieval, and presentation of information in the form of data, text, voice, or image and includes telecommunications and office automation functions((;)).
     (11) "Information services" means data processing, telecommunications, office automation, and computerized information systems((;)).
     (12) "Equipment" means the machines, devices, and transmission facilities used in information processing, such as computers, word processors, terminals, telephones, wireless communications system facilities, cables, and any physical facility necessary for the operation of such equipment((;)).
     (13) "Information technology portfolio" or "portfolio" means a strategic management process documenting relationships between agency missions and information technology and telecommunications investments((;)).
     (14) "Oversight" means a process of comprehensive risk analysis and management designed to ensure optimum use of information technology resources and telecommunications((;)).
     (15) "Proprietary software" means that software offered for sale or license((;)).
     (16) "Video telecommunications" means the electronic interconnection of two or more sites for the purpose of transmitting and/or receiving visual and associated audio information. Video telecommunications shall not include existing public television broadcast stations as currently designated by the department of community, trade, and economic development under chapter 43.330 RCW((;)).
     (17) "K-20 educational network board" or "K-20 board" means the K-20 educational network board created in RCW 43.105.800((;)).
     (18) "K-20 network technical steering committee" or "committee" means the K-20 network technical steering committee created in RCW 43.105.810((;)).
     (19) "K-20 network" means the network established in RCW 43.105.820((;)).
     (20) "Educational sectors" means those institutions of higher education, school districts, and educational service districts that use the network for distance education, data transmission, and other uses permitted by the K-20 board((;)).
     (21) "Bandwidth" means the transmission capacity of an electronic communications device or system.
     (22) "Broadband" means a high-speed, high-capacity transmission medium, using land-based, satellite, wireless, or any other mechanism, that can carry either signals or transmit data, or both, over long distances by using a wide range of frequencies with a minimum download speed greater than or equal to seven hundred sixty-eight kilobits per second and an upload speed greater than two hundred kilobits per second.
     (23) "High-speed internet" means broadband.
     (24) "High-speed internet strategy work group" means the group convened by the department as authorized by chapter 262, Laws of 2008.
     (25) "Public entity" includes, but is not limited to, the following: State departments and agencies; public schools and school districts; public universities; counties, cities, and municipalities in the state; and state and local police agencies.

NEW SECTION.  Sec. 3   A new section is added to chapter 43.105 RCW to read as follows:
     (1) The department shall protect data that is vital to governmental security interests. Based upon the final recommendations of the high-speed internet strategy work group, and subject to available funding and RCW 42.56.210, the department shall accomplish the following objectives:
     (a) Based on a determination of cost-effectiveness, create or purchase a detailed geographic information system map of the high-speed internet services and other relevant telecommunications and information technology services owned or leased by public entities in the state. The map must be updated on a regular basis and must, at a minimum, detail the following information:
     (i) The physical location of all high-speed internet infrastructure owned or leased by public entities;
     (ii) To the extent that such information would not lead to the disclosure of competitively sensitive data or proprietary data belonging to a nongovernmental entity, the type of delivery technology used;
     (iii) The existence of unused conduits;
     (iv) The amount of bandwidth capacity available in the presently deployed high-speed internet infrastructure;
     (v) The average amount of bandwidth capacity utilized; and
     (vi) The extent to which the high-speed internet infrastructure is active or inactive;
     (b) Purchase from a nongovernmental, third-party mapping entity a geographic information system map of the privately owned high-speed internet infrastructure in the state. The map must be updated on a regular basis and must be designed so that it is easily integrated with the map of the public infrastructure in the state as indicated in (c) of this subsection and, at a minimum, detail the following information:
     (i) To the extent possible, the physical location of all high-speed internet infrastructure owned or leased by private entities;
     (ii) To the extent that such information would not lead to the disclosure of competitively sensitive data or proprietary data, the type of delivery technology used;
     (iii) To the extent possible, the existence of unused conduits;
     (iv) The amount of bandwidth capacity available in the presently deployed high-speed internet infrastructure;
     (v) The average amount of bandwidth capacity utilized;
     (vi) The extent to which the high-speed internet infrastructure is active or inactive;
     (vii) Specific download and upload speeds as reported in the provider's most recent report to the federal communications commission;
     (viii) Specific adoption levels as reported in the provider's most recent report to the federal communications commission; and
     (ix) Provide detail at the census tract level or at the level specified by the federal communications commission, whichever is more comprehensive;
     (c) Based on a determination of cost-effectiveness, create or purchase a complete statewide geographic information system inventory map of both the public and private high-speed internet infrastructure in the state. Without disclosing competitively sensitive data or proprietary data, the combined map of both public and privately owned or leased high-speed internet service must:
     (i) Aggregate the information from (a) and (b) of this subsection;
     (ii) Be made available in interactive form, online, to the general public;
     (iii) Be able to pan, zoom, and identify available specific high-speed internet service types and levels;
     (iv) Be able to display specific adoption rates by delivery technology and service levels;
     (v) Meet other criteria as determined by the department, subject to available funding;
     (d) Make available to the public quarterly reports on the department's progress in developing the geographic information system map;
     (e) Use the aggregated geographic information system map of all high-speed internet infrastructure in the state, both public and privately owned or leased, to identify and regularly update the geographic gaps in high-speed internet service, including an assessment of the population demographic located in each of those geographic gaps;
     (f) Track statewide residential, nonprofit, and business adoption of high-speed internet, computers, and related information technology, including an identification of barriers to adoption;
     (g) Spur the development of high-speed internet resources in the state, which may include, but is not limited to:
     (i) Receiving funding in the form of grants or donations from private or public entities; and
     (ii) Applying for and receiving funding from the federal government.
     (A) The department is the single eligible entity in the state to receive a grant under the federal broadband data improvement act, P.L. 110-385.
     (B) Funding received by the department under the federal broadband data improvement act, P.L. 110-385, must be used in accordance with the requirements of that act and, subject to those requirements, may be distributed by the department on a competitive basis to other entities in the state to achieve the purposes of that act.
     (2) Contingent upon available funding, the department may update the geographic information system map of high-speed internet infrastructure to include detail at the census block level.
     (3) State agencies shall respond to any request for information from the department in a reasonable and timely manner, not to exceed one hundred twenty days.

NEW SECTION.  Sec. 4   A new section is added to chapter 43.105 RCW to read as follows:
     The broadband development and deployment account is created in the custody of the state treasurer. All receipts from state, federal, or private sources for the purposes of accomplishing this act must be deposited in the account. Expenditures from the account may be used only for the purposes of this act. Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

NEW SECTION.  Sec. 5   A new section is added to chapter 43.105 RCW to read as follows:
     Except as indicated in section 3(1)(g)(ii)(A) of this act, nothing in this chapter may be construed to limit the ability of any municipality, county, other unit of local government, or any nongovernmental organization to apply for and receive funds or technical assistance to undertake projects that address the level of high-speed internet access available to businesses and residents or any similar high-speed internet deployment project in the state.

NEW SECTION.  Sec. 6   A new section is added to chapter 43.105 RCW to read as follows:
     (1) The department, in coordination with the department of community, trade, and economic development and the utilities and transportation commission, shall reconvene the high-speed internet work group previously established by chapter 262, Laws of 2008. In consultation with the work group, the department shall prepare regular reports that identify the following:
     (a) The geographic areas of greatest priority for the deployment of advanced telecommunications infrastructure in the state;
     (b) A detailed explanation of how any amount of funding received from the federal government for the purposes of broadband mapping, deployment, and adoption will be or have been used; and
     (c) A determination of how nonfederal sources may be utilized to achieve the purposes of broadband mapping, deployment, and adoption activities in the state.
     (2) To the greatest extent possible, the initial report should be based upon the information identified in the geographic system maps developed under the requirements of this chapter.
     (3) The initial report must be delivered to the appropriate committees of the legislature as soon as feasible, but no later than January 18, 2010.
     (4) Future reports based upon the requirements of subsection (1) of this section must be delivered to the appropriate committees of the legislature by January 15th of each year.

Sec. 7   RCW 43.105.350 and 2008 c 262 s 3 are each amended to read as follows:
     (1) For purposes of compliance with section 2, chapter 262, Laws of 2008 or any subsequent high-speed internet deployment and adoption initiative, the department ((of information services)), the department of community, trade, and economic development, the utilities and transportation commission, and any other government agent or agency ((shall not)) engaged in the high-speed internet mapping, deployment, or adoption activities prescribed in this chapter may gather or request any information related to high-speed internet infrastructure or service from providers of telecommunications or high-speed internet services that is classified by the provider as proprietary or competitively sensitive, as long as the proprietary or competitively sensitive components of such information is maintained in a confidential manner solely by a nongovernmental third-party mapping entity as described in this chapter and as long as the relevant aggregated information is made available to the department, government agent, or agency.
     (2) Nothing in this section may be construed as limiting the authority of a state agency or local government to gather or request information from providers of telecommunications or high-speed internet services for other purposes pursuant to its statutory authority.

NEW SECTION.  Sec. 8   If funding for the purpose of accomplishing this act is not provided either through federal or private sources by June 30, 2011, this act is null and void. The office of financial management must provide the code reviser's office with written notice by June 30, 2011, concerning the status of funds referenced in this section.

NEW SECTION.  Sec. 9   The code reviser's office is directed to put the defined terms in RCW 43.105.020 in alphabetical order.

NEW SECTION.  Sec. 10   If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

NEW SECTION.  Sec. 11   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 12   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2009.