wa-law.org > bill > 2025-26 > HB 2365 > Original Bill

HB 2365 - Digital opportunities

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Section 1

The definitions in this section apply throughout this section and RCW 43.330.532 through 43.330.538, 43.330.412, 43.330.5393, and 43.330.5395 unless the context clearly requires otherwise.

Section 2

  1. The governor's statewide broadband office is established. The director of the office must be appointed by the governor. The office may employ staff necessary to carry out the office's duties as prescribed by chapter 365, Laws of 2019, subject to the availability of amounts appropriated for this specific purpose.

  2. The purpose of the office is to encourage, foster, develop, and improve affordableand quality broadband, broadband adoption, and digital equity within the state in order to:

    1. Drive job creation, promote innovation, improve economic vitality, and expand markets for Washington businesses;

    2. Serve the ongoing and growing needs of Washington's education systems, health care systems, public safety systems, transportation systems, industries and business, governmental operations, and citizens; and

    3. Improve broadband accessibility and adoption for unserved and underserved communities and populations.

Section 3

  1. The office has the power and duty to:

    1. Serve as the central broadband planning body for the state of Washington;

    2. Coordinate with relevant state agencies, local governments, tribes, public and private entities, public housing agencies, community anchor institutions, nonprofit organizations, and consumer-owned and investor-owned utilities to develop strategies and plans promoting deployment of broadband infrastructure and greater broadband access and broadband adoption, while protecting proprietary information;

    3. Review existing broadband initiatives, policies, and public and private investments;

    4. Develop, recommend, and implement a statewide plan to encourage cost-effective broadband access and to make recommendations for increased usage, particularly in rural and other unserved areas;

    5. Update the state's broadband goals and definitions for broadband service in unserved areas as technology advances, except that the state's definition for broadband service may not be actual speeds less than 100 megabits per second download and 20 megabits per second upload; and

    6. Encourage public-private partnerships to increase deployment and adoption of broadband services and applications.

  2. When developing plans or strategies for broadband deployment and adoption, the office must consider:

    1. Partnerships between communities, tribes, nonprofit organizations, local governments, consumer-owned and investor-owned utilities, and public and private entities;

    2. Funding opportunities that provide for the coordination of public, private, state, and federal funds for the purposes of making broadband infrastructure or broadband services available to rural and unserved areas of the state;

    3. Barriers to the deployment, adoption, and utilization of broadband service, including affordability of service and project coordination logistics; and

    4. Requiring minimum broadband service of 100 megabits per second download and 20 megabits per second upload speed, that is scalable to faster service.

  3. The office may assist applicants for the grant and loan program created in RCW 43.155.160, the digital opportunity program created in RCW 43.330.412, and the digital equity planning grant program created in RCW 43.330.5393 with seeking federal funding or matching grants and other grant opportunities for deploying or increasing adoption of broadband services.

  4. The office may take all appropriate steps to seek and apply for federal funds for which the office is eligible, and other grants, and accept donations, and must deposit these funds in the statewide broadband account created in RCW 43.155.165 or in the digital equity account created in RCW 80.36.710 as appropriate to the funding purposes.

  5. The office shall coordinate an outreach effort to hard-to-reach communities and low-income communities across the state to provide information about broadband programs available to consumers of these communities. The outreach effort must include, but is not limited to, providing information to applicable communities about the federal lifeline program and other low-income broadband benefit programs, including updated information regarding eligibility and enrollment. To assist with the outreach effort, the office shall request that broadband internet service providers report their three lowest cost tiers of retail internet service, unless this information is already publicly available elsewhere. Cost information that is received must be provided in the outreach materials available. The outreach effort must be reviewed by the digital equity forum annually. The office may contract with other public or private entities to conduct outreach to communities as provided under this subsection. For purposes of this subsection, "hard-to-reach communities" include rural and frontier geographic areas where distance or terrain are barriers, as well as other areas where underserved populations are harder to reach due to language or disability barriers.

  6. In carrying out its purpose, the office shall consider collaborating with federally recognized tribes and all relevant state agencies, including, but not limited to, the utilities and transportation commission, Washington technology solutions, the department of commerce, the community economic revitalization board, the department of transportation, the public works board, the state librarian, the department of social and health services, and the office of the superintendent of public instruction.

Section 4

  1. The office, in consultation with the digital equity forum, the utilities and transportation commission, the department of social and health services, and other relevant state agencies, must develop, coordinate implementation of, and monitor progress in implementing a state digital equity plan.

    1. The office must seek any available federal or other funding for purposes of developing and implementing the state digital equity plan.

    2. The state digital equity plan must include such elements as the office determines are necessary to leverage federal and other funding.

  2. In developing and implementing the plan, the office must identify measurable objectives for documenting and promoting digital equity among underserved communities located in the state.

  3. By January 1, 2027, and every two years thereafter, the office must submit a report to the governor and the appropriate committees of the legislature, including the following:

    1. The digital equity plan described in subsection (1) of this section and measurable objectives described in subsection (2) of this section in accordance with the following:

      1. The digital equity plan submitted by January 1, 2027, must be based on the 2024 internet for all in Washington digital equity plan developed by the office; and

      2. After January 1, 2027, the office shall review and update the state digital equity plan before every report submission;

    2. A description of how the office is collaborating with the membership of the digital equity forum, state agencies, and key partners to develop and implement the plan including, but not limited to, the following:

      1. Community anchor institutions;

      2. Local governments;

      3. Local educational agencies;

      4. Entities that carry out workforce development programs; and

    3. Broadband service providers;

    4. A description of current and foreseeable future funding available to advance digital equity in the state;

    5. An evaluation of progress made in implementing the state digital equity plan, including an assessment of existing state digital equity initiatives, policies, programs, funding needs, and public and private investments, including a recommended model for future program, infrastructure, and outreach investments; and

    6. Recommendations of additional state law or policy that can be targeted to help improve broadband adoption and affordability for state residents. This may include recommendations of ongoing subsidies that the state can provide to low-income individuals and community anchor institutions, as well as identification of revenue sources that other states or jurisdictions have developed to fund such subsidies or discounted rates.

  4. The report required by this section may be combined with the report required by RCW 43.330.538.

  5. For the purpose of this section, "office" means the statewide broadband office established in RCW 43.330.532.

Section 5

  1. The Washington digital equity forum is established for the purpose of developing recommendations to advance digital connectivity, broadband adoption, and digital equity in Washington state .

  2. In developing its recommendations to advance digital connectivity, broadband adoption, and digital equity, the forum must:

    1. Develop goals that are consistent with the goals of the governor's statewide broadband office, as provided in RCW 43.330.536;

    2. Strengthen public-private partnerships, cooperatives, and other partnerships that promote digital connectivity, broadband adoption, and digital equity;

    3. Solicit public input and increase awareness of digital equity needs and resources through public hearings or informational sessions;

    4. Work to increase collaboration and communication between local, state, and federal governments and agencies

, tribal governments, and other partners;

e. Recommend opportunities for sustainable digital equity funding, including reforms to current universal service mechanisms;

f. Consider related issues within its scope brought by members of the forum or the public;

g. Consult with the statewide broadband office and other agencies on the state digital equity plan and the plan implementation in accordance with RCW 43.330.539;

h. Annually review the outreach effort coordinated by the office pursuant to RCW 43.330.534; and

    i. Provide feedback on the digital equity planning grant program, the digital opportunity program, or other digital equity grant programs.

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    1. The director of the governor's statewide broadband office , in consultation with the digital equity forum chair or cochairs and the Washington state office of equity, is responsible for appointing participating members of the digital equity forum .

    2. In making appointments, the director must prioritize appointees representing:

      1. Federally recognized tribes;

      2. State and local agencies involved in digital equity; and

      3. Underserved and unserved communities, including historically disadvantaged communities.

    3. The director must also consider appointees representing broadband providers, the technology industry, and philanthropy, as well as appointees representing the health industry and legal and justice system.

  2. A majority of the members appointed by the directormay appoint an administrative chair or cochairs for the forum.

  3. In addition to members appointed by the director, four legislators may serve on the digital equity forum in an ex officio capacity. Legislative participants must be appointed as follows:

    1. The speaker of the house of representatives must appoint one member from each of the two largest caucuses of the house of representatives; and

    2. The president of the senate must appoint one member from each of the two largest caucuses of the senate.

6.

Members of the forum may receive a stipend in order to implement the principles of equity described in RCW 43.06D.020, provided that the individuals are not otherwise compensated for their attendance at meetings.

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    1. Staff for the digital equity forum must be provided by the governor's statewide broadband office . The governor's statewide broadband office is responsible for transmitting the recommendations of the digital equity forum to the legislature, consistent with RCW 43.01.036, by October 28, 2025, and every odd-numbered year thereafter.

    2. The digital equity forum may provide additional recommendations or comment on related matters under the scope of the digital equity forum, according to its adopted charter and discretion of the chair or cochairs.

Section 6

The digital opportunity program is created to advance broadband adoption and digital equity and inclusion throughout the state. The digital opportunity program must be administered by the department. The department may focus on outreach and prioritize elements of this program based on funding levels and the goals of the state digital equity plan. The department may contract for services in order to carry out the department's obligations under this section.

  1. In implementing the digital opportunity program the director must, to the extent funds are appropriated for this purpose:

    1. Provide organizational and capacity building support to digital equity programs and regional coalitions supporting digital equity advancement throughout the state and additional support for the purpose of:

      1. Evaluating the impact and efficacy of activities supported by grants awarded under the covered programs;

      2. Enabling local and regional directories of digital equity program services, community needs assessments, and tracking of lower-cost broadband offerings; and

      3. Developing, cataloging, disseminating, and promoting the exchange of best practices, with respect to and independent of the covered programs, in order to achieve digital equity. No more than 15 percent of funds received by the director for the program may be expended on these functions;

    2. Establish a competitive grant program and provide grants to digital equity programs to advance digital equity and digital inclusion by providing:

      1. Training and skill-building opportunities;

      2. Access to hardware and software, including accessibility tools and online service costs such as application and software;

      iii.

Small-scale internet connectivity projects, including wireless mesh installations, that enable more affordable internet in low-income housing and limited areas, and which do not conflict with or replicate other state broadband deployment projects;

    iv. Fundamentals of generative artificial intelligence literacy, digital media literacy, and online safety and privacy cybersecurity training;

v. Assistance in the adoption of information and communication technologies for low-income and underserved populations of the state through digital navigators, digital skills training, and related approaches;

vi. Development of locally relevant content and delivery of vital services through technology; and

vii. Technical support; and

c. Collaborate with broadband partners, including broadband action teams across the state, in implementing the program as provided under this subsection

.

  1. Grant applicants must:

    1. Provide evidence that the applicant is a nonprofit entity or a public entity that is working in partnership with a nonprofit entity;

    2. Define the geographic area or population to be served;

    3. Provide evidence that the applicant is in partnership with locally based organizations or governments in each local county or tribal area it will serve, unless the only county or tribal area to be served is where the applicant entity is located;

    4. Include in the application the results of a needs assessment addressing, in the geographic area or among the population to be served: The impact of inadequacies in technology access or knowledge, barriers faced, and services needed;

    5. Explain in detail the strategy for addressing the needs identified and an implementation plan including objectives, tasks, and benchmarks for the applicant and the role that other organizations will play in assisting the applicant's efforts;

    6. Provide evidence that funds applied for, if received, will be used to provide effective delivery of digital equity services in alignment with the goals of this program and to increase the applicant's level of effort beyond the current level; and

    7. Comply with such other requirements as the director establishes.

  2. The director must provide draft eligibility guidelines, selection criteria, the application form, and outreach materials to be used in promoting and awarding grants under the digital opportunity program to the digital equity forum on a timely basis and consider the forum's input.

  3. In awarding grants under the digital opportunity program created in this section, the director must:

    1. Consider

whether the grant award furthers the goals of the state digital equity plan;

b. Consider the opportunity to leverage additional federal and private investment;

c. Consider the requirements and intent associated with federal or private funds contributed for these purposes; and

d. Consider the extent to which the mix of grants awarded would increase  the number of prekindergarten through 12th grade students gaining access to greater levels of digital inclusion , while also considering the geographic distribution of such students.

  1. The director may use no more than 10 percent of funds received for the digital opportunity program to cover administrative expenses.

  2. The director must establish expected program outcomes for each grant recipient and must require grant recipients to provide an annual accounting of program outcomes.

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