Even before the legislative session began, the pandemic highlighted the stark inequities in access to broadband services across Washington. When legislators assembled for the 2021 regular session, they came ready to address broadband access for unserved and underserved areas of the state.

AWC closely tracked multiple broadband bills, including HB 1336, sponsored by Rep. Drew Hansen (D–Bainbridge Island), SB 5383, sponsored by Sen. Lisa Wellman (D–Mercer Island), and HB 1457, sponsored by Rep. Sharon Wylie (D–Vancouver).

HB 1336 provides expanded retail broadband authority to PUDs, ports, second class cities and towns, and counties, subject to certain requirements including the completion of a service plan that must be submitted to the State Broadband Office. The final version of the bill includes provisions that the service plan must demonstrate that the expansion meets needs in an unserved area of the state, which is a much more limited version of the bill than initially introduced. As we’ve previously reported, AWC staff worked closely with Rep. Hansen to remove first-class and code cities from the legislation given that they already have such authority.

SB 5383 provides expanded retail broadband authority to PUDs and ports in unserved areas of the state. Much like HB 1336, PUDs and ports wishing to provide service must submit a telecommunications infrastructure and service plan to the Statewide Broadband Office demonstrating that the expansion meets certain criteria.

Interestingly, HB 1336 and SB 5383 contain conflicting provisions. The Governor signed both bills at the exact same moment, a pen in each hand, which prompted Secretary of State Kim Wyman to ask the Courts to determine the order in which the bills were filed. The order of the filing may substantially impact the validity of parts of each law.

HB 1457 was also signed into law this month. It aims to expedite the installation of broadband infrastructure by requiring the Washington State Department of Transportation (WSDOT) to coordinate with broadband providers on existing highway projects. If a provider would like to install broadband related infrastructure, they will be provided an opportunity. If there are no providers, WSDOT contractors can install broadband conduit as part of road construction projects.

Finally, cities saw significant state and federal investment into local broadband initiatives in the biennial capital budget. The Legislature appropriated $60 million to the Public Works Board (PWB) Broadband Infrastructure program, including over $45 million specifically for grant funding. Additionally, the budget invested roughly $330 million for the Statewide Broadband Office, including $276 million in federal coronavirus relief funds to provide grants for local broadband infrastructure projects.