Earlier this spring, AWC reported on two broadband bills that contained conflicting provisions. The Governor signed both bills at the exact same moment, a pen in each hand, prompting Secretary of State Kim Wyman to ask the Courts to determine the order in which the bills were filed.

As predicted, the order of the filing substantially impacted the validity of specific parts of each law. Under state law, bills signed most recently by the governor take precedent if they conflict with prior legislation. A month after Secretary Wyman filed the petition, the Thurston County Superior Court issued its opinion: the bills should be filed in the order in which they passed the Legislature.

The fate of public broadband authority comes down to the timing of signatures: both the President of the Senate and Speaker of the House signed SB 5383 on April 24, while HB 1336 didn’t receive its second signature until April 25. This one-day difference has significant impacts on public telecommunication authority, and because of the sequence of the bills’ passage, local governments are granted broader authority for broadband expansion.

SB 5383 provides expanded retail broadband authority to public utility districts (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.

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.

While the passage of these bills opens the opportunity for local governments to offer retail broadband, many cities and other local governments see this as another “new tool in the toolbox” that can meet the need for reliable, affordable public broadband. For information regarding grant and loan programs dedicated to expansion of broadband services, visit the Statewide Broadband Office’s website.