AN ACT Relating to the governance of the K-20 telecommunications network; amending RCW 28D.02.010, 28D.02.030, 28D.02.040, 28D.02.050, 28D.02.060, 28D.02.065, and 28D.02.070; adding new sections to chapter 28D.02 RCW; providing an effective date; providing expiration dates; and declaring an emergency.

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

NEW SECTION. Sec. 1. The definitions in this section apply throughout this title unless the context clearly requires otherwise.

(1) "Board" means the K-20 educational network board.

(2) "Network" means the K-20 telecommunications network under this chapter.

(3) "Network users" means those institutions of higher education, school districts, educational service districts, public libraries, state agencies, and others that use the network for distance education, data transmission, and other uses permitted by the board.

NEW SECTION. Sec. 2. The K-20 educational network board is created. The purpose of the board is to ensure that the K-20 educational telecommunications network is operated in a way that serves the broad public interest above the interest of any network user.

(1) The board shall comprise eleven voting and seven nonvoting members as follows:

(a) Voting members shall include: A person designated by the governor; one member of each caucus of the senate, appointed by the president of the senate; one member of each caucus of the house of representatives, appointed by the speaker of the house of representatives; the superintendent of public instruction or his or her designee; the executive director of the higher education coordinating board or his or her designee; the executive director of the state board for community and technical colleges or his or her designee; the chair of the information services board, or his or her designee; the director of the department of information services or his or her designee; and one citizen member.

The citizen member shall be appointed to a four-year term by the governor with the consent of the senate. The governor shall appoint the citizen member of the board by July 30, 1999.

(b) Nonvoting members shall include one community or technical college president, appointed by the state board for technical and community colleges; one president of a public baccalaureate institution, appointed by the council of presidents; the state librarian; one educational service district superintendent, one school district superintendent, and one representative of an approved private school, appointed by the superintendent of public instruction; and one representative of independent baccalaureate institutions, appointed by the Washington association of independent colleges and universities.

(2) The director of the department of information services or his or her designee shall serve as chair of the board. A majority of the voting members of the board shall constitute a quorum for the transaction of business.

NEW SECTION. Sec. 3. The board has the following powers and duties:

(1) In cooperation with network partners and users and other interested parties, to establish goals and measurable objectives for the network;

(2) To ensure that the goals and measurable objectives of the network are the basis for any decisions or recommendations regarding the technical development and operation of the network;

(3) To adopt, modify, and implement policies for network development, operation, and expansion. Such policies may include but need not be limited to the following issues: Quality of service; access to the network by recognized organizations and accredited institutions that deliver educational programming, including public libraries; prioritization of access to the system and the sharing of technological advances; network security; identification and evaluation of emerging technologies; future expansion or redirection of the system; network fee structures; and costs for the development and operation of the network;

(4) To prepare and submit to the governor and the legislature a coordinated budget for network development, operation, and expansion. The budget shall include the recommendations of the board on any state funding requested for network transport and equipment, hardware or software specific to the use of the network, and proposed new network end site;

(5) To adopt and monitor the implementation of a methodology to evaluate the effectiveness of the network in achieving the goals and measurable objectives;

(6) To approve modifications of the network design and implementation plan under RCW 28D.02.020 and the phased technical plan under RCW 28D.02.070;

(7) To authorize the release of funds from the K-20 technology account under RCW 28D.02.060 for network expenditures;

(8) To appoint such advisory committees as appropriate; and

(9) To adopt rules as necessary to implement this chapter.

NEW SECTION. Sec. 4. Actions of the K-20 telecommunications oversight and policy committee in effect on June 30, 1999, shall remain in effect thereafter unless modified or repealed by the board.

NEW SECTION. Sec. 5. The information services board shall appoint a technical advisory committee to: (1) Advise the K-20 educational network board on technical matters relating to network design, deployment, operations, growth, and expansion, and (2) undertake such duties as delegated by the information services board pursuant to RCW 28D.02.070 and section 9 of this act. The technical advisory committee shall include representation from K-12 and higher education, and the department of information services.

NEW SECTION. Sec. 6. (1) The board is not intended to duplicate the statutory responsibilities of the higher education coordinating board, the superintendent of public instruction, the information services board, the state librarian, or the governing boards of the institutions of higher education.

(2) The board may not interfere in any curriculum or legally offered programming offered over the network.

(3) The coordination of telecommunications planning for institutions of higher education as defined in RCW 28B.10.016 remains the responsibility of the higher education coordinating board under RCW 28B.80.600. The board may recommend but not require revisions to the higher education coordinating board's telecommunications plan.

(4) The responsibility to review and approve standards and common specifications for the network remains the responsibility of the information services board under RCW 43.105.041.

(5) The coordination of telecommunications planning for the common schools remains the responsibility of the superintendent of public instruction. The board may recommend but not require revisions to the superintendent's telecommunications plans.

NEW SECTION. Sec. 7. The citizen member of the board shall be compensated in accordance with RCW 43.03.250. The department of information services shall provide staffing to the board.

NEW SECTION. Sec. 8. The department of information services shall maintain, in consultation with the network users and the board, the K-20 operations cooperative, which shall be responsible for day-to-day network management, technical network status monitoring, technical problem response coordination, and other duties as agreed to by the department, the network users, and the board. Funding for the K-20 operations cooperative shall be provided from the education technology revolving fund under RCW 28D.02.065.

NEW SECTION. Sec. 9. The board shall establish by rule: (1) Conditions of network use, addressing technical connections, operation, and management of the K-20 network; and (2) acceptable use policies governing user eligibility for participation in the K-20 network, acceptable uses of network resources, and procedures for enforcement of such policies. The board shall set forth appropriate procedures for enforcement of the conditions of use and acceptable use policies, that may include suspension of network connections and removal of shared equipment for violations of network conditions or policies. The information services board has responsibility for the implementation of enforcement procedures relating to the technical requirements of the conditions of use.

Sec. 10. RCW 28D.02.010 and 1996 c 137 s 2 are each amended to read as follows:

(1) The K-20 telecommunications oversight and policy committee is established to: Adopt policy goals and objectives for a K-20 telecommunications system, adopt a network design and implementation plan, and authorize release of funds for network purposes.

(2) The duties of the committee shall include, but need not be limited to:

(a) The adoption of system goals and objectives and timelines for submission of the proposed plans under RCW 28D.02.030 through 28D.02.050 and 28D.02.070 by June 1, 1996;

(b) The authorization of the construction and acquisition of a network backbone upon its approval of phase one of a technical plan for the network as specified in RCW 28D.02.070(1);

(c) The preparation and subsequent updates of a network design and implementation plan that includes locations to be served by the network, service delivery specifications, a network governance structure, other appropriate components, and a phased technical plan in accordance with RCW 28D.02.070(2). The plan shall be adopted after considering the recommendations of the information services board, the higher education coordinating board, and the superintendent of public instruction;

(d) The preparation of an implementation plan that prioritizes access to the network backbone and other telecommunication components; and

(e) The authorization of the release of funds for expenditures to construct the network and distance education components.

(3) By April 15, 1996, the department of information services shall convene the committee. The committee shall include the following voting members or their designees: The governor; one member from each caucus of the senate, appointed by the president of the senate; one member from each caucus of the house of representatives, appointed by the speaker of the house of representatives; the superintendent of public instruction; the chair of the higher education coordinating board; and the chair of the information services board. On a nonvoting basis, the committee shall include the following members or their designees: One community college or technical college president, appointed by the state board for community and technical colleges; one president of a public baccalaureate institution, appointed by the council of presidents; the state librarian; one educational service district superintendent, one school district superintendent, and one representative of an approved private school, each appointed by the superintendent of public instruction; one representative of independent nonprofit baccalaureate institutions, appointed by the Washington friends of higher education; and one representative of the computer or telecommunications industry, appointed by the information services board. The voting members must reach a consensus in approving the network design and implementation plan. The department shall provide staff support to the committee.

(4) This section expires one month after the effective date of this act.

Sec. 11. RCW 28D.02.030 and 1996 c 137 s 4 are each amended to read as follows:

Within the timelines specified by the committee, the higher education coordinating board shall prepare and submit to the K-20 telecommunications oversight and policy committee a proposed location plan of higher education delivery sites proposed for connection to the K-20 education network. The development of the plan shall begin immediately. For each site proposed for connection to the network, the board shall recommend service delivery specifications that include, but need not be limited to, an assessment of community needs and programming and service levels that provide for effective use of network resources. The board shall prioritize the implementation of the proposed location plan. The board shall ensure that the proposed location plan adheres to the principles described in RCW 28D.02.020 and the goals and objectives adopted by the committee under RCW 28D.02.010.

This section expires one month after the effective date of this act.

Sec. 12. RCW 28D.02.040 and 1996 c 137 s 5 are each amended to read as follows:

Within timelines specified by the committee, the superintendent of public instruction shall prepare and submit to the K-20 telecommunications oversight and policy committee a proposed location plan of public education delivery sites proposed for connection to the K-20 education network. The development of the plan shall begin immediately. For each site proposed for connection to the network, the superintendent shall approve service delivery specifications that include, but need not be limited to, an assessment of community needs and programming and service levels that provide for effective use of network resources. The superintendent shall prioritize the implementation of the proposed location plan. The superintendent shall ensure that the proposed location plan adheres to the principles described in RCW 28D.02.020 and the goals and objectives adopted by the committee under RCW 28D.02.010.

This section expires one month after the effective date of this act.

Sec. 13. RCW 28D.02.050 and 1996 c 137 s 6 are each amended to read as follows:

Within timelines specified by the committee, the higher education coordinating board and the superintendent of public instruction shall recommend to the K-20 telecommunications oversight and policy committee network governance structure that ensures participation by all members of the network and, to the extent feasible, adheres to the goals and objectives adopted under RCW 28D.02.010.

This section expires one month after the effective date of this act.

Sec. 14. RCW 28D.02.060 and 1997 c 180 s 2 are each amended to read as follows:

The K-20 technology account is hereby created in the state treasury. The department of information services shall deposit into the account moneys received from legislative appropriations, gifts, grants, and endowments for the buildout and installation of the K-20 telecommunication system. The account shall be subject to appropriation and may be expended solely for the K-20 telecommunication system ((~~approved by the committee under RCW 28D.02.010~~)). Disbursements from the account shall be on authorization of the director of the department of information services with approval of the ((~~committee under RCW 28D.02.010~~)) board.

Sec. 15. RCW 28D.02.065 and 1997 c 180 s 1 are each amended to read as follows:

(1) The education technology revolving fund is created in the custody of the state treasurer. All receipts from billings under subsection (2) of this section must be deposited in the revolving fund. Only the director of the department of information services or the director's designee may authorize expenditures from the fund. The revolving fund shall be used ((~~only~~)) to pay for ((~~the acquisition of~~)) network operations, transport, equipment, software, supplies, and services, maintenance and depreciation of on-site data, and shared infrastructure, and other costs incidental to the ((~~acquisition,~~)) development, operation, and administration of shared educational information technology services, telecommunications, and systems. The revolving fund shall not be used for the acquisition, maintenance, or operations of local ((~~networks or~~)) telecommunications infrastructure or the maintenance or depreciation of on-premises video equipment specific to a particular institution or group of institutions.

(2) The revolving fund and all disbursements from the revolving fund are subject to the allotment procedure under chapter 43.88 RCW, but an appropriation is not required for expenditures. The department of information services shall, in consultation with entities connected to the network under RCW 28D.02.070 and subject to the review and approval of the office ((~~[of]~~)) of financial management, establish and implement a billing structure ((~~to assure that all network users pay an equitable share of the costs in relation to their usage of the network~~)) for network services identified in subsection (1) of this section.

(3) The department shall charge those network users connected to the K-20 telecommunications network under RCW 28D.02.070 (1) and (2) an annual copayment per unit of transport connection as determined by the board. This copayment shall be deposited into the revolving fund to be used for the purposes set forth in subsection (1) of this section. Current and future network users shall prepare for future biennial budgets with the assumption that the copayment shall continue to be in effect under the approval of the board. The legislature shall appropriate to the revolving fund such moneys as necessary to cover the remainder of the costs for transport, maintenance, and depreciation of data equipment located at the individual institutions, maintenance and depreciation of the network backbone, and services provided to the network under section 8 of this act.

Sec. 16. RCW 28D.02.070 and 1996 c 137 s 8 are each amended to read as follows:

The information services board shall prepare a technical plan for the design and construction of the K-20 telecommunication system. The board shall ensure that the technical plan adheres to the principles described in RCW 28D.02.020 and the goals and objectives established by the ((~~committee under RCW 28D.02.010~~)) board. The board shall provide formal project approval and oversight during the development and implementation of the K-20 telecommunications network. In approving the plan, the board shall conduct a request for proposal process. The technical plan shall be developed in phases as follows:

(1) Phase one shall provide a telecommunication backbone connecting educational service districts, the main campuses of public baccalaureate institutions, the branch campuses of public research institutions, and the main campuses of community colleges and technical colleges.

(2) Phase two shall provide for (a) connection to the network by entities that include, but need not be limited to: School districts, public higher education off-campus and extension centers, branch campuses of community colleges and technical colleges, and independent nonprofit baccalaureate institutions, as prioritized by the ((~~[K-20] telecommunications oversight and policy committee~~)) board; and (b) distance education facilities and components for entities listed in ((~~subsections (1) and (2) of~~)) this section.

(3) Subsequent phases may include, but need not be limited to, connections to public libraries, state and local governments, community resource centers, and the private sector.

NEW SECTION. Sec. 17. Sections 1 through 9 of this act are each added to chapter 28D.02 RCW.

NEW SECTION. Sec. 18. 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, 1999.