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.
Bill # | Description | Status |
|---|
HB 1336 | Creating and expanding unrestricted authority for public entities to provide telecommunications services to end users. | Simultaneously signed into law alongside SB 5383 creating conflicts with HB 1336. Secretary of State filed petition for expedited legal action to clarify order in which bill becomes law. |
HB 1457 | Facilitating the installation of broadband facilities on limited access highways. | Law; effective July 25, 2021. |
SB 5383 | Authorizing a public utility district to provide retail telecommunications services in unserved areas under certain conditions. | Simultaneously signed into law alongside HB 1336 creating conflicts with SB 5383. Secretary of State filed petition for expedited legal action to clarify order in which bill becomes law. |
HB 1263 | Establishes additional procedures for applications requesting funding for broadband infrastructure. | Did not pass. |
HB 1440 | Streamlining the requirements for deployment of small wireless facilities. | Did not pass. |
HB 1450 | Procuring, and supporting the use of, appropriate computers and devices for public school students and instructional staff by levying a tax on wireless devices. | Did not pass. |
HB 1460 | Closing the digital divide by establishing excise taxes on telecommunications services to fund the expansion of the universal service programs in Washington. | Did not pass. |
SB 5110 | Promoting greater access to the internet by modifying permitting, taxation, and other standards for telecommunications companies and facilities. | Did not pass. |
SB 5175 | Establishes an appropriated loan and grant program for financing broadband infrastructure projects under the authority of Community Economic Revitalization Board. | Did not pass. |
SB 5357 | Establishing and making appropriations for the capital broadband investment acceleration program. | Did not pass. |
SB 5470 | Prohibiting broadband internet access service providers from applying data caps during a state of emergency. | Did not pass. |