BILL REQ. #:  H-1266.1 

Read first time 01/27/09.   Referred to Committee on Technology, Energy & Communications.

     AN ACT Relating to implementing high-speed internet adoption recommendations for the state; adding new sections to chapter 43.105 RCW; creating new sections; and repealing RCW 43.105.350.

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

NEW SECTION.  Sec. 1   (1) The legislature finds and declares the following:
     (a) Deployment and adoption of high-speed internet services will promote economic development, improve health care and educational opportunities, allow workers to participate in telecommuting programs, and enhance the quality of life of state residents; and
     (b) Continued progress in the deployment and adoption of high-speed internet service is vital to ensuring that Washington remains competitive and continues to create business and job growth.
     (2) Therefore, in order to promote economic development in the region and ensure that Washington remains competitive, the legislature intends to take initial steps to implement a high-speed internet deployment and adoption strategy for the state.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.105 RCW to read as follows:
     (1) Subject to the availability of amounts appropriated for this specific purpose, the department shall implement a high-speed internet deployment and adoption strategy on behalf of the state.
     (2) The department may contract with an independent, third-party organization to prepare a statewide map, which may include adoption information, availability information, types of technology used, and available speed tiers for high-speed internet.
     (3) The department may solicit and receive gifts, grants, and bequests for high-speed internet deployment and adoption efforts. Any funding received for such purposes must be deposited in the high-speed internet account created in section 5 of this act.
     (4) The department may coordinate and assist local technology planning teams in conducting a local needs assessment, identifying potential funding sources, and developing and implementing a strategic technology plan.
     (5) The department may oversee benchmarking and tracking of residential, business, nonprofit, and institutional high-speed internet adoption at a statewide level.
     (6) The department may pursue initiatives in local communities that make high-speed internet more readily available, including but not limited to:
     (a) Expanding the community technology opportunity program created in chapter 28B.32 RCW;
     (b) Establishing low-cost hardware and software programs aimed at business and residential consumers, as well as users of community technology centers and libraries;
     (c) Supporting loan programs for small businesses in order to enhance workforce training and business technology acquisition efforts; and
     (d) Pursuing other initiatives aimed at boosting economic development.
     (7) The department may adopt rules as necessary to carry out the provisions in this section and sections 3 and 4 of this act.

NEW SECTION.  Sec. 3   A new section is added to chapter 43.105 RCW to read as follows:
     The department is authorized to receive federal funds made available for broadband or high-speed internet purposes according to the provisions of the acts of congress making the funds available. Funds must be expended in accordance with federal and state law and any conditions contingent in the grant of those funds.

NEW SECTION.  Sec. 4   A new section is added to chapter 43.105 RCW to read as follows:
     The department may adopt rules and policies as necessary to entitle the state to participate in federal funding programs and opportunities related to high-speed internet or broadband.

NEW SECTION.  Sec. 5   A new section is added to chapter 43.105 RCW to read as follows:
     The high-speed internet account is created in the custody of the state treasurer. All receipts made available to the account from private and public sources must be deposited into the account. Expenditures from the account may be used only for implementation of the high-speed internet deployment and adoption strategy as provided in sections 1 through 4 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 allotment procedures under chapter 43.88 RCW, but an appropriation is not required.

NEW SECTION.  Sec. 6   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. 7   RCW 43.105.350 (Request for information from providers -- Limitation) and 2008 c 262 s 3 are each repealed.