2SSB 6438 -
By Senators Kohl-Welles, Rockefeller, and Honeyford
ADOPTED 02/19/2008
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 43.105
RCW to read as follows:
(1) The legislature finds that 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. Further, 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. The legislature finds
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, and do so
through formalized and structured arrangements like the highly
successful K-20 educational network.
(2) The department, as the state agency responsible for
coordinating with the education sectors on the K-20 educational
network, shall work to coordinate the development of a comprehensive,
statewide high-speed internet deployment and adoption initiative that
will be implemented through a public-private partnership with a
nonprofit organization, as set forth in subsection (7) of this section,
to accomplish the following goals:
(a) Ensure that all state residents and businesses have access to
affordable and reliable high-speed internet services;
(b) Achieve improved technology literacy, increased computer
ownership, and high-speed internet use among state residents, nonprofit
organizations, and businesses;
(c) Establish and empower local technology planning teams and
partnerships to plan for improved technology use across multiple
community sectors;
(d) Establish and sustain an environment ripe for
telecommunications and technology investment statewide, including
solicitation and receipt of grants, loans, and other financial
mechanisms; and
(e) Create and regularly update a geographic statewide inventory of
high-speed internet service and other relevant telecommunications and
information technology services through a method of geographic
information system mapping and geographic information system analysis
at the census block level, consistent with any federal data reporting
requirements.
(3) By June 1, 2008, the department shall convene an initial work
group of representatives of the department of community, trade, and
economic development and the utilities and transportation commission,
and representatives of public, private, and nonprofit agencies and
organizations representing economic development, local community
development, community planning, technology planning, education, health
care, and other relevant entities as well as representatives of
telecommunications providers, technology companies, telecommunications
unions, community-based organizations, and relevant private sector
entities.
(4) By September 1, 2008, the department and the work group in
subsection (3) of this section shall develop a high-speed internet
deployment and adoption strategy for implementation by a nonprofit
organization to accomplish the following goals:
(a) Create and regularly update a geographic statewide inventory of
high-speed internet service and other relevant telecommunications and
information technology services. The inventory must:
(i) Identify geographic gaps in high-speed internet service through
a method of geographic information system mapping of service
availability and geographic information system analysis at the census
block level;
(ii) Provide a baseline assessment of statewide high-speed internet
deployment in terms of percentage of households and businesses with
high-speed internet availability;
(iii) Provide updates to these data every six months; and
(iv) Build upon the initial utilities and transportation commission
broadband disparity study authorized by the legislature in 2007;
(b) Track statewide residential and business adoption of high-speed
internet, computers, and related information technology through data
collected directly from end-users through telephone surveys or similar
methods; identify barriers to adoption; and measure progress on these
data annually;
(c) Build and facilitate local technology planning teams and
partnerships with members representing cross-sections of the community,
including but not limited to representatives of business,
telecommunications unions, K-12 education, health care, libraries,
higher education, community-based organizations, local government,
tourism, parks and recreation, and agriculture. Local technology
planning teams shall benchmark technology use across relevant community
sectors, set goals for improving technology use within each sector, and
develop tactical business plans for achieving identified goals, with
specific recommendations for online application development and demand
creation;
(d) Work collaboratively with high-speed internet providers and
technology companies across the state to encourage deployment and use,
through use of local demand aggregation, mapping analysis, and creation
of market intelligence to improve the investment rationale and business
case for providers to deploy; and
(e) Establish programs to improve computer ownership, technology
literacy, and internet access for disenfranchised populations across
the state.
(5) The department and the work group in subsection (3) of this
section shall provide a report to the fiscal and telecommunications
committees in the senate and the house of representatives on or before
December 1, 2008. The report shall identify and make recommendations
as appropriate for:
(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 statewide
high-speed internet deployment and adoption effort;
(b) A strategic plan to structure and appropriately scale and phase
development and implementation of the effort so as to link to,
leverage, and otherwise synchronize with other relevant and related
funding, technology, capital initiatives, investments, and
opportunities;
(c) Budget and legislation to be considered before the 2009
legislature in order to implement the strategic high-speed internet
deployment and adoption strategy;
(d) Safeguards to protect proprietary and confidential information
from unintended disclosure under chapter 42.56 RCW, which may be based
upon existing models developed by other state broadband efforts to
protect proprietary information;
(e) A plan to complete baseline mapping of high-speed internet
resources in the state in an eighteen-month period, subject to approval
of the plan and appropriation by the legislature; and
(f) A plan to launch community teams across the state.
(6) The department shall provide an annual progress report together
with any recommendations for strengthening the program to the fiscal
and telecommunications committees in the senate and the house of
representatives not later than December 1st, beginning in 2009, and
cover the preceding fiscal year.
(7) The department shall contract with a nonprofit organization to
accomplish the objectives set forth in this act. The nonprofit
organization shall:
(a) Be qualified under section 501(c)(3) of the internal revenue
code of 1986 and exempt from tax under section 501(a) of such code;
(b) Have no part of the net earnings inure to the benefit of any
member, founder, contributor, or individual;
(c) Have a board of directors that is not composed of a majority of
individuals who are also employed by, or otherwise associated with, any
federal, state, or local government or any federal, state, or local
agency;
(d) Have an established competency in working on a statewide basis
with public and private sectors to accomplish the deployment and
adoption of high-speed internet services and information technology;
(e) Have an established competency working directly with high-speed
internet providers in the handling, storage, and use of proprietary and
competitively sensitive data for the purposes set forth in this act;
and
(f) Enter into voluntary nondisclosure agreements as necessary to
prevent the unauthorized disclosure of confidential and proprietary
information provided by broadband service providers and other entities.
Private entities submitting data in connection with efforts to develop
the high-speed internet deployment strategy referenced in this act may
elect to provide such data to the extent and in the format the data is
maintained in the normal course of business. Any information
designated by the providing entity as confidential or proprietary shall
be treated as such, and governed by an appropriate nondisclosure
agreement. To the extent any data which is submitted pursuant to this
act would otherwise be deemed a public record, the data is excepted
from disclosure under chapter 42.56 RCW if designated as confidential
by the providing entity.
(8) This section expires June 30, 2011.
NEW SECTION. Sec. 2 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. 3 Nothing in this act shall 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."
2SSB 6438 -
By Senators Kohl-Welles, Rockefeller, and Honeyford
ADOPTED 02/19/2008
On page 1, line 2 of the title, after "initiative;" strike the remainder of the title and insert "adding new sections to chapter 43.105 RCW; creating a new section; and providing an expiration date."
EFFECT: Washington Department of Information Services (DIS) must
convene a workgroup of affected interests by June 1, 2008, develop a
high-speed internet deployment and adoption strategy by September 1,
2008, and publish a web directory of community technology programs by
January 1, 2009.
DIS must report to the legislature by December 1, 2008, with
recommendations on benchmarks and performance measures, budget and
legislative needs, safeguards to protect proprietary and confidential
information, and a plan for community technology teams.
DIS must contract with a nonprofit organization to accomplish the
objectives of the act. Provides for nondisclosure under the state
public records act of private entity data collected by the nonprofit
organization in the course of its contractual duties with DIS.
Provides an expiration date of June 30, 2011, for the deployment
and adoption effort.