E2SSB 6438 -
By Representative McCoy
ADOPTED 03/06/2008
Strike everything after the enacting clause and insert the following:
"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, and a better quality of life for the state's
residents;
(b) Continued progress in the deployment and adoption of high-speed
internet services and other advanced telecommunications services, both
land-based and wireless, is vital to ensuring Washington remains
competitive and continues to create business and job growth; and
(c) That the state must encourage and support strategic
partnerships of public, private, nonprofit, and community-based sectors
in the continued growth and development of high-speed internet services
and information technology for state residents and businesses.
(2) Therefore, in order to begin advancing the state towards
further growth and development of high-speed internet in the state,
it is the legislature's intent to conduct a statewide needs assessment
of broadband internet resources through an open dialogue with all
interested parties, including providers, unions, businesses, community
organizations, local governments, and state agencies. The legislature
further resolves to use this needs assessment in guiding future plans
on how to ensure that every resident in Washington state may gain
access to high-speed internet services.
NEW SECTION. Sec. 2 (1) After the broadband study authorized by
the legislature in 2007 has been completed, or by July 15, 2008, the
department of information services, in coordination with the department
of community, trade, and economic development and the utilities and
transportation commission, shall convene a work group to develop a
high-speed internet deployment and adoption strategy for the state.
(2) The department of information services shall invite
representatives from the following organizations to participate in the
work group:
(a) Representatives of public, private, and nonprofit agencies and
organizations representing economic development, local community
development, local government, community planning, technology planning,
education, and health care;
(b) Representatives of telecommunications providers, technology
companies, telecommunications unions, public utilities, and relevant
private sector entities;
(c) Representatives of community-based organizations; and
(d) Representatives of other relevant entities as the department of
information services may deem appropriate.
(3) The department of information services shall, in consultation
with the work group, develop a high-speed internet deployment and
adoption strategy to accomplish the following objectives:
(a) Create and regularly update a detailed, geographic information
system map at the census block level of the high-speed internet
services and other relevant telecommunications and information
technology services owned or leased by public entities in the state
with instructions on how proprietary and competitively sensitive data
will be handled, stored, and used. Development of this geographic
information system map may include collaboration with students and
faculty at community colleges and universities in the state. The
statewide inventory must, at a minimum, detail:
(i) The physical location of all high-speed internet infrastructure
owned or leased by public entities;
(ii) The amount of excess capacity available; and
(iii) Whether the high-speed internet infrastructure is active or
inactive;
(b) Work collaboratively with telecommunications providers and
internet service providers to assess, create, and regularly update a
geographic information system map at the census block level of the
privately owned high-speed internet infrastructure in the state, with
instructions on how proprietary and competitively sensitive data will
be handled, stored, and used;
(c) Combine the geographic information system map of high-speed
internet infrastructure owned by public entities with the geographic
information system map of high-speed internet infrastructure owned by
private entities to create and regularly update a statewide inventory
of all high-speed internet infrastructure in the state;
(d) Use the 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
located in each of the geographic gaps;
(e) Spur the development of high-speed internet resources in the
state, which may include, but is not limited to, soliciting funding in
the form of grants or donations; establishing technology literacy
programs in conjunction with institutions of higher education;
establishing low-cost hardware and software purchasing programs; and
developing loan programs targeting small businesses or businesses
located in underserved areas;
(f) Track statewide residential and business adoption of high-speed
internet, computers, and related information technology, including an
identification of barriers to adoption;
(g) Build and facilitate local technology planning teams and
partnerships with members representing cross-sections of the community,
which may include participation from the following organizations:
Representatives of business, telecommunications unions, K-12 education,
community colleges, local economic development organizations, health
care, libraries, universities, community-based organizations, local
governments, tourism, parks and recreation, and agriculture;
(h) Use the local technology planning teams and partnerships to:
(i) Conduct a needs assessment; and
(ii) Work collaboratively with high-speed internet providers and
technology companies across the state to encourage deployment and use,
especially in unserved areas, through use of local demand aggregation,
mapping analysis, and creation of market intelligence to improve the
investment rationale and business case; and
(i) Establish low-cost programs to improve computer ownership,
technology literacy, and high-speed internet access for disenfranchised
or unserved populations across the state.
(4) By September 1, 2008, the department of information services
shall provide a status update to the telecommunications committees in
the house of representatives and the senate, outlining the progress
made to date by the work group and the issues remaining to be
considered.
(5) By December 1, 2008, the department of information services
shall complete the high-speed internet deployment and adoption strategy
and provide a report to the fiscal and telecommunications committees in
the house of representatives and the senate, the governor, and the
office of financial management. The main objective of the report is to
outline, based on the efforts of the work group, what legislation is
needed in order to implement the high-speed internet deployment and
adoption strategy, including a range of potential funding requests to
accompany the legislation. Specifically, the report shall include the
following:
(a) Benchmarks, performance measures, milestones, deliverables,
timelines, and such other indicators of performance and progress as are
necessary to guide development and implementation of the high-speed
internet deployment and adoption strategy, both short term and long
term, including an assessment of the amount of funding needed to
accomplish a baseline assessment of the high-speed internet
infrastructure owned by public and private entities of the state in an
eighteen-month period; and
(b) Ways to structure and appropriately scale and phase development
and implementation of the high-speed internet deployment and adoption
strategy so as to link to, leverage, and otherwise synchronize with
other relevant and related funding, technology, capital initiatives,
investments, and opportunities.
NEW SECTION. Sec. 3 A new section is added to chapter 43.105 RCW
to read as follows:
(1) The department of information services, the department of
community, trade, and economic development, the utilities and
transportation commission, or any other governmental agent or agency
shall not gather or request any information related to high-speed
internet infrastructure or service from providers of telecommunications
or high-speed internet services that could be classified as proprietary
or competitively sensitive.
(2) Nothing in this section may be construed as limiting the
authority of the utilities and transportation commission to gather or
request information from providers of telecommunications services
pursuant to its authority under Title 80 RCW.
(3) Nothing in this section may be construed as limiting the
authority of the department of information services to gather or
request information from providers of telecommunications services in
order to carry out the business of the department, including
acquisitions and procurements, contracting, other solicitations, and
any planning or architecture-related activities.
NEW SECTION. Sec. 4 Nothing in this act may be construed as
giving the department of information services or any other entities any
additional authority, regulatory or otherwise, over providers of
telecommunications and information technology.
NEW SECTION. Sec. 5 A new section is added to chapter 43.105 RCW
to read as follows:
(1) By January 1, 2009, the department, in consultation with the
utilities and transportation commission and other relevant agencies,
shall identify and make publicly available a web directory of public
facilities that provide community technology programs throughout the
state.
(2) For the purposes of this section, "community technology
program," also known as a digital inclusion program, means a program
engaged in diffusing information and communications technology in local
communities, particularly in unserved areas. These programs may
include, but are not limited to, programs that provide education and
skill-building opportunities, hardware and software ownership, internet
connectivity, and development of locally relevant content and delivery
of vital services through technology.
NEW SECTION. Sec. 6 If sections 1 through 5 of this act become
null and void, the department of information services shall include
high-speed internet adoption and deployment in its 2009-2011 strategic
plan.
NEW SECTION. Sec. 7 If specific funding for the purposes of
sections 1 through 5 of this act, referencing sections 1 through 5 of
this act by bill or chapter number, is not provided by June 30, 2008,
in the omnibus appropriations act, sections 1 through 5 of this act are
null and void."
Correct the title.
EFFECT: Retains most of the provisions of the striking amendment
that passed the House Appropriations subcommittee.
Removes the following provisions:
The requirement that the Department of Information Services (DIS)
submit a request for proposals is removed.
The requirement that local technology planning teams be led by
local economic development organizations is removed.
Adds the following provisions:
Specifies that the work group will be convened after the 2007
broadband study is complete, or by July 15, 2008.
Clarifies the high-speed internet deployment and adoption strategy
is due December 1, 2008.
Adds local economic development teams to the membership of the work
group.
Specifies that the DIS, the Department of Community, Trade, and
Economic Development, the Utilities and Transportation Commission, or
any other governmental agent or agency cannot gather or request
information from telecommunications or internet service providers that
could be classified as proprietary or competitively sensitive, unless
such information is gathered or requested pursuant to other authority.