BILL REQ. #:  H-3812.3 

Read first time 01/16/08.   Referred to Committee on Technology, Energy & Communications.

     AN ACT Relating to achieving statewide radio communications interoperability; amending RCW 43.105.020, 43.105.041, and 43.105.330; and adding a new chapter to Title 43 RCW.

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

NEW SECTION.  Sec. 1   The legislature finds that the state needs to make significant investments in radio communications systems that are interoperable. The legislature further finds that local governments, the most frequent users of radio communications systems, need to be part of the statewide solution. Therefore, in an effort to establish a more coordinated and cohesive effort between state and local governments in achieving statewide radio communications interoperability, the legislature finds that it is the purpose of this chapter to create a new office within the office of the governor to be called the Washington interoperability office.

NEW SECTION.  Sec. 2   The Washington interoperability office, headed by the Washington interoperability coordinator, is established in the executive office of the governor for the purpose of establishing an interoperable, statewide radio communications system. The interoperability coordinator shall report directly to the governor. The office shall:
     (1) Establish statewide policies for wireless radio communications systems used by state, county, and local governments;
     (2) Establish uniform technical requirements consistent, when possible, with federal guidelines and standards to be used by state, county, and local governments to ensure statewide interoperability between the different bands on the designated mutual aid frequencies;
     (3) Review the statewide communications interoperability plan and adopt technical standards for wireless radio communications systems used by state, county, and local governments;
     (4) Evaluate all interoperability projects within the state and make recommendations or decisions on federal and state funding, when appropriate;
     (5) Ensure that state and federal funding is being spent in alignment with state technical standards for radio communications systems;
     (6) Coordinate interoperability communications investments in the state;
     (7) Coordinate and manage the licensing and use of state-designated and state-licensed radio frequencies, including the spectrum used for public safety and emergency communications, and serve as the point of contact with the federal communications commission on matters related to allocation, use, and licensing of radio spectrum for state agencies;
     (8) Coordinate the purchasing of all state wireless radio communications system equipment to ensure that:
     (a) After the transition from a radio over internet protocol network, any new trunked system is, at a minimum, project-25;
     (b) Any new system that requires advanced digital features is, at a minimum, project-25;
     (c) Any new system or equipment purchases is, at a minimum, project-25; and
     (d) Any new system or equipment purchases contribute towards attaining a statewide, level-5 interoperability system;
     (9) Certify when a state or local government achieves level-5 interoperability and meets the technical requirements of the enhanced technical implementation plan;
     (10) Seek funding support for wireless radio communications systems, including federal grants and other funding sources;
     (11) Make grant funding, subject to appropriation, available to eligible local governments;
     (12) Make investments in state-owned and state-managed radio communications systems, particularly in low-density population areas of the state; and
     (13) Submit an annual report by December 1st, beginning in 2008, to the governor and legislature outlining the progress in implementing the statewide communications interoperability plan.

Sec. 3   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:
     (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) "Office" means the Washington interoperability office.

Sec. 4   RCW 43.105.041 and 2003 c 18 s 3 are each amended to read as follows:
     (1) The board shall have the following powers and duties related to information services:
     (a) To develop standards and procedures governing the acquisition and disposition of equipment, proprietary software and purchased services, ((licensing of the radio spectrum by or on behalf of state agencies,)) and confidentiality of computerized data;
     (b) To purchase, lease, rent, or otherwise acquire, dispose of, and maintain equipment, proprietary software, and purchased services, or to delegate to other agencies and institutions of state government, under appropriate standards, the authority to purchase, lease, rent, or otherwise acquire, dispose of, and maintain equipment, proprietary software, and purchased services: PROVIDED, That, agencies and institutions of state government are expressly prohibited from acquiring or disposing of equipment, proprietary software, and purchased services without such delegation of authority. The acquisition and disposition of equipment, proprietary software, and purchased services is exempt from RCW 43.19.1919 and, as provided in RCW 43.19.1901, from the provisions of RCW 43.19.190 through 43.19.200. This subsection (1)(b) does not apply to the legislative branch;
     (c) To develop statewide or interagency technical policies, standards, and procedures;
     (d) To review and approve standards and common specifications for new or expanded telecommunications networks proposed by agencies, public postsecondary education institutions, educational service districts, or statewide or regional providers of K-12 information technology services, and to assure the cost-effective development and incremental implementation of a statewide video telecommunications system to serve: Public schools; educational service districts; vocational-technical institutes; community colleges; colleges and universities; state and local government; and the general public through public affairs programming;
     (e) To provide direction concerning strategic planning goals and objectives for the state. The board shall seek input from the legislature and the judiciary;
     (f) To develop and implement a process for the resolution of appeals by:
     (i) Vendors concerning the conduct of an acquisition process by an agency or the department; or
     (ii) A customer agency concerning the provision of services by the department or by other state agency providers;
     (g) To establish policies for the periodic review by the department of agency performance which may include but are not limited to analysis of:
     (i) Planning, management, control, and use of information services;
     (ii) Training and education; and
     (iii) Project management;
     (h) To set its meeting schedules and convene at scheduled times, or meet at the request of a majority of its members, the chair, or the director; and
     (i) To review and approve that portion of the department's budget requests that provides for support to the board.
     (2) Statewide technical standards to promote and facilitate electronic information sharing and access are an essential component of acceptable and reliable public access service and complement content-related standards designed to meet those goals. The board shall:
     (a) Establish technical standards to facilitate electronic access to government information and interoperability of information systems((, including wireless communications systems)). Local governments are strongly encouraged to follow the standards established by the board; and
     (b) Require agencies to consider electronic public access needs when planning new information systems or major upgrades of systems.
     In developing these standards, the board is encouraged to include the state library, state archives, and appropriate representatives of state and local government.
     (3)(a) The board, in consultation with the K-20 board, has the duty to govern, operate, and oversee the technical design, implementation, and operation of the K-20 network including, but not limited to, the following duties: Establishment and implementation of K-20 network technical policy, including technical standards and conditions of use; review and approval of network design; procurement of shared network services and equipment; and resolving user/provider disputes concerning technical matters. The board shall delegate general operational and technical oversight to the K-20 network technical steering committee as appropriate.
     (b) The board has the authority to adopt rules under chapter 34.05 RCW to implement the provisions regarding the technical operations and conditions of use of the K-20 network.

Sec. 5   RCW 43.105.330 and 2006 c 76 s 2 are each amended to read as follows:
     (1) ((The board shall appoint)) A state interoperability executive committee is established as an advisory committee to the Washington interoperability office, the membership of which must include, but not be limited to, representatives of the military department, the Washington state patrol, the department of transportation, the department of information services, the department of natural resources, city and county governments, state and local fire chiefs, police chiefs, and sheriffs, and state and local emergency management directors. The chair and legislative members of the board will serve as nonvoting ex officio members of the committee. Voting membership may not exceed fifteen members.
     (2) The ((chair of the board)) Washington interoperability coordinator shall appoint the chair of the committee from among the voting members of the committee.
     (3) The state interoperability executive committee has the following responsibilities:
     (a) Develop policies and make recommendations to the ((board)) office for technical standards for state wireless radio communications systems, including emergency communications systems. The standards must address, among other things, the interoperability of systems, taking into account both existing and future systems and technologies;
     (b) Coordinate and manage on behalf of the ((board)) office the licensing and use of state-designated and state-licensed radio frequencies, including the spectrum used for public safety and emergency communications, and serve as the point of contact with the federal communications commission on matters relating to allocation, use, and licensing of radio spectrum;
     (c) ((Coordinate the purchasing of all state wireless radio communications system equipment to ensure that:
     (i) After the transition from a radio over internet protocol network, any new trunked system shall be, at a minimum, project-25;
     (ii) Any new system that requires advanced digital features shall be, at a minimum, project-25; and
     (iii) Any new system or equipment purchases shall be, at a minimum, upgradeable to project-25;
     (d) Seek support, including possible federal or other funding, for state-sponsored wireless communications systems;
     (e) Develop recommendations for legislation that may be required to promote interoperability of state wireless communications systems;
     (f) Foster cooperation and coordination among public safety and emergency response organizations;
     (g) Work with wireless communications groups and associations to ensure interoperability among all public safety and emergency response wireless communications systems; and
     (h))) Advise the office in prioritizing grant applications submitted by local governments; and
     (d) Perform such other duties as may be assigned by the ((board)) office to promote interoperability of wireless communications systems.

NEW SECTION.  Sec. 6   The public safety interoperability account is created in the custody of the state treasurer. The Washington interoperability office shall deposit into the account moneys received from legislative appropriations, gifts, grants, and endowments for investments establishing, operating, or maintaining radio communications systems that achieve high-level interoperability, or for related training. Only the Washington interoperability coordinator, or the coordinator'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 for expenditures.

NEW SECTION.  Sec. 7   (1) Subject to the availability of funds appropriated for this purpose, the Washington interoperability office shall establish a public safety interoperability grant program. The purpose of the grant program is to aid local governments in making investments in shared, interoperable radio communications systems.
     (2) The office may only approve a grant application if it satisfies the following criteria:
     (a) The applicant is a local government or a consortium of contiguous local governments;
     (b) The applicant has entered into an interagency agreement with the participating local governments and the relevant state agencies regarding cost sharing, governance, and management of the proposed radio communications system;
     (c) The applicant will manage and maintain the operations of the radio communications system, but will allow the state to use and access the system when necessary; and
     (d) The proposed radio communications system is project-25 compliant or upgradeable to project-25 and is consistent with applicable federal guidelines and standards for interoperability.
     (3) The office may give preference to applications based on any of the following criteria:
     (a) The proposed radio communications system will contribute towards the state achieving a statewide, level-5 interoperability system;
     (b) The estimated population of the applicant is more than one hundred thousand; and
     (c) The applicant has secured funding from other sources to support the project.

NEW SECTION.  Sec. 8   Sections 1, 2, 6, and 7 of this act constitute a new chapter in Title 43 RCW.