Legislature continues making significant local broadband infrastructure investments in 2022

Broadband equity and access remained a top priority for legislators in the 2022 legislative session. AWC closely tracked several broadband bills, including three that passed this year: HB 1673, sponsored by Rep. Ryu, HB 1723, sponsored by Rep. Gregerson, SB 5715, and sponsored by Sen. Wellman.

HB 1673 updates and streamlines the broadband infrastructure grants and loan program within the Public Works Board (PWB) and establishes an emergency broadband grant and loan fund. Efforts to streamline the broadband infrastructure loan and grant program include a pre-application process for applicants, written documentation of outreach of an applicant to existing providers, and a requirement that the PWB publish on its website for at least 30 days the proposed geographic service area.

Emergency broadband loans and grants will prioritize emergency public works projects that replace existing infrastructure damaged by an unforeseen event and not award funds to a new provider to overbuild the existing provider.

HB 1723 seeks to close the digital equity divide in the state through several mechanisms, including developing a statewide digital equity plan, providing technical assistance to grant applicants, and several new grant programs. The State Broadband Office, in consultation with the Digital Equity Forum, the Utilities and Transportation Commission, and the Department of Social and Health Services, must develop and provide a state digital equity plan to the Governor and Legislature by December 1, 2023.

One of the plan’s many requirements is to identify recommendations of additional state laws or policies that can be targeted to help improve broadband adoption and affordability. Additionally, the Digital Equity Planning Grant Program must be established, which will provide grants to local governments to help fund the development of a digital equity plan for a discrete geographic region of the state.

SB 5715 updates the definition of broadband and download/upload speeds. Under current law, broadband services may be no less than 25 Mbps for download speeds and 3 Mbps for upload speeds. This new law requires that minimum speeds be no less than 100 Mbps down and 20 Mbps up.

AWC supported all three bills, noting that affordable, reliable, and equitable access to broadband is imperative to city success.

In addition to establishing several new programs and a digital equity plan, the Legislature made significant investments into broadband once again this year. Both the Public Works broadband grants and the Community Economic Revitalization Board received $25 million each; the Broadband Office received $50 million for grant purposes.

Lastly, early in the session, AWC reported that attempts were made through HB 1722 to require cities to allow microtrenching for broadband fiber deployment in city-owned rights-of-way. While that bill ultimately died, a joint legislative taskforce responsible for identifying best practices in broadband deployment was assigned and funded in the operating budget. In addition to including legislative representatives, this taskforce will be comprised of representatives from AWC, the county association, the Department of Commerce, WSDOT, the Utilities and Transportation Commission, a telecom infrastructure provider, and a rural telecom provider. By December 1, 2022 the taskforce must come up with recommendations for modification of local and state permitting processes.