Text of WA HB 2414 (2020)

AN ACT Relating to digital equity; adding a new chapter to Title 1 43 RCW; and providing an effective date. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 3 NEW SECTION. Sec. 1. (1) The legislature finds that broadband 4 connection and digital literacy are increasingly critical for 5 Washingtonians' ability to participate in society, the economy, and 6 civic institutions. 7 (2) The legislature further finds that broadband connection and 8 digital literacy are critical in accessing health care and essential 9 services, obtaining an education, and building careers in Washington. 10 (3) The legislature further finds that digital exclusion carries 11 an immense societal and economic cost for Washingtonians. Digital 12 exclusion materially harms an individual's opportunity for economic 13 success, educational achievement, positive health outcomes, social 14 inclusion, and civic engagement. Digital exclusion also exacerbates 15 existing wealth and income gaps, especially those experienced by 16 covered populations. 17 (4) The legislature further finds that achieving digital equity 18 in Washington requires additional and sustained investment and 19 research efforts and is a matter of social and economic justice. 20 H-3807.1 HOUSE BILL 2414 State of Washington 66th Legislature 2020 Regular Session By Representatives Gregerson and Hudgins p. 1 HB 2414 (5) Therefore, it is the intent of the legislature to create a 1 digital equity capacity grant program and a digital equity 2 competitive grant program to promote the expansion of digital equity 3 across the state by supporting digital inclusion activities and 4 building capacity for local jurisdictions to spur greater adoption of 5 broadband among covered populations throughout Washington. 6 NEW SECTION. Sec. 2. The definitions in this section apply 7 throughout this chapter unless the context clearly requires 8 otherwise. 9 (1) "Adoption of broadband" means the process by which an 10 individual obtains daily access to the internet that: 11 (a) Is at a speed, quality, and capacity necessary for the 12 individual to accomplish common tasks, such that the access qualifies 13 as an advanced telecommunications capability; 14 (b) Allows individuals the digital skills necessary to 15 participate online; and 16 (c) Is on a personal device that is on a secure and convenient 17 network. 18 (2) "Advanced telecommunications capability" means, without 19 regard to any transmission media or technology, high-speed, switched, 20 broadband telecommunications capability that enables users to 21 originate and receive high quality voice, data, graphics, and video 22 telecommunications using any technology. 23 (3) "Aging individual" means an individual sixty years of age or 24 older. 25 (4) "Community anchor institution" means a public school, a 26 library, a medical or health care provider, a community college or 27 other higher education institution, a library agency, and any other 28 nonprofit or governmental community support organization. 29 (5) "Covered household" means a household, the federal taxable 30 income of which is not more than one hundred fifty percent of an 31 amount equal to the poverty level, as determined by using criteria of 32 poverty established by the United States bureau of the census, for 33 the most recently completed taxable year. 34 (6) "Covered populations" means: 35 (a) Individuals who live in covered households; 36 (b) Aging individuals; 37 (c) Incarcerated individuals; 38 (d) Veterans; 39 p. 2 HB 2414 (e) Individuals with disabilities; 1 (f) Individuals with a language barrier, including individuals 2 who are English learners or who have low levels of literacy; 3 (g) Individuals who are members of a racial or ethnic minority 4 group; and 5 (h) Individuals who primarily reside in a rural area. 6 (7) "Covered programs" means the digital equity capacity grant 7 program established under section 3 of this act and the digital 8 equity competitive grant program established under section 10 of this 9 act. 10 (8) "Department" means the department of commerce. 11 (9) "Digital equity" means the condition in which individuals and 12 communities in Washington have the information technology capacity 13 that is needed for full participation in society and the economy. 14 (10)(a) "Digital inclusion" means the activities that are 15 necessary to ensure that all individuals in Washington have access 16 to, and the use of, affordable information and communication 17 technologies, including: 18 (i) Reliable fixed and wireless broadband internet service; 19 (ii) Internet-enabled devices that meet the needs of the user; 20 and 21 (iii) Applications and online content designed to enable and 22 encourage self-sufficiency, participation, and collaboration. 23 (b) "Digital inclusion" also includes obtaining access to digital 24 literacy training, the provision of quality technical support, and 25 obtaining basic awareness of measures to ensure online privacy and 26 cybersecurity. 27 (11) "Digital literacy" means the skills associated with using 28 technology to enable users to find, evaluate, organize, create, and 29 communicate information. 30 (12) "Disability" has the same meaning as defined in RCW 31 49.60.040. 32 (13) "Eligible local jurisdiction" means: 33 (a) With respect to planning grants made available under section 34 5(3) of this act, a local jurisdiction with respect to which the 35 department has approved an application submitted to the department 36 under section 5(3)(c) of this act; and 37 (b) With respect to capacity grants awarded under section 6 of 38 this act, a local jurisdiction with respect to which the department 39 has approved an application submitted to the department under section 40 p. 3 HB 2414 6(2) of this act, including approval of the digital equity plan 1 developed by the local jurisdiction under section 5 of this act. 2 (14) "Gender identity" means having or being perceived as having 3 a gender identity, self-image, appearance, behavior, or expression, 4 whether or not that gender identity, self-image, appearance, 5 behavior, or expression is different from that traditionally 6 associated with the sex assigned to that person at birth. 7 (15) "Higher education institution" has the meaning provided in 8 RCW 28B.07.020 and includes postsecondary vocational institutions. 9 (16) "Indian tribe" means any federally recognized Indian tribe 10 whose traditional lands and territories included parts of Washington. 11 (17) "Local educational agency" means a public board of education 12 or other public authority legally constituted within Washington for 13 either administrative control or direction of, or to perform a 14 service function for, public elementary schools or secondary schools 15 in a city, county, township, school district, or other political 16 subdivision, or of or for a combination of school districts or 17 counties that is recognized as an administrative agency for its 18 public elementary schools or secondary schools. 19 (18) "Postsecondary vocational institution" has the meaning 20 provided in 20 U.S.C. Sec. 1002(c). 21 (19) "Socially and economically disadvantaged small business 22 concern" has the meaning provided in 15 U.S.C. Sec. 637(a)(4). 23 (20) "Veteran" has the meaning provided in RCW 41.04.007. 24 NEW SECTION. Sec. 3. (1) The department shall establish a 25 digital equity capacity grant program for the purposes of promoting 26 the achievement of digital equity, supporting digital inclusion 27 activities, and building capacity for efforts by local jurisdictions 28 in Washington relating to the adoption of broadband by residents of 29 those local jurisdictions. The program shall ensure that local 30 jurisdictions have the capacity to promote the achievement of digital 31 equity and support digital inclusion activities. 32 (2) Under the digital equity capacity grant program, the 33 department shall make grants to local jurisdictions in accordance 34 with the requirements under this section and sections 4 through 9 of 35 this act. 36 (3) The department shall consult with representatives of the 37 following entities in establishing the program under subsection (1) 38 of this section: 39 p. 4 HB 2414 (a) The statewide broadband office; 1 (b) The public works board; 2 (c) The utilities and transportation commission; 3 (d) The community economic revitalization board; 4 (e) The office of minority and women's business enterprises; 5 (f) The department of veterans affairs; 6 (g) The consolidated technology services agency; 7 (h) The office of financial management; and 8 (i) The head of any other agency that the department determines 9 to be appropriate. 10 (4) The department shall ensure the program complements and 11 enhances, and does not conflict with, other broadband initiatives and 12 programs. 13 (5) The department may adopt rules as necessary to carry out this 14 section and sections 4 through 9 of this act. 15 NEW SECTION. Sec. 4. (1) The official of a local jurisdiction 16 that wishes to be awarded a grant under this section shall, from 17 among entities that are eligible under subsection (2) of this 18 section, select an administering entity for that local jurisdiction, 19 which shall: 20 (a) Serve as the recipient of, and administering agent for, any 21 grant awarded to the local jurisdiction under section 5 or 6 of this 22 act; 23 (b) Develop, implement, and oversee the digital equity plan for 24 the local jurisdiction described in section 5 of this act; 25 (c) Make subgrants to any entity included as a key stakeholder, 26 under section 5(1)(d) of this act, that is located in the local 27 jurisdiction in support of: 28 (i) The digital equity plan for the local jurisdiction; and 29 (ii) Digital inclusion activities in the local jurisdiction 30 generally; and 31 (d) Serve as an advocate for digital equity policy and digital 32 inclusion activities and a repository of best practice materials 33 regarding the policies and activities. 34 (2) The following entities may serve as the administering entity 35 for a local jurisdiction if the entity has demonstrated a capacity to 36 administer the digital equity competitive grant program: 37 p. 5 HB 2414 (a) The local jurisdiction, a political subdivision, agency, or 1 other municipal or quasi-municipal corporation of the local 2 jurisdiction, or an Indian tribe located in the local jurisdiction; 3 (b) A foundation, corporation, institution, association, or 4 coalition that is a not-for-profit entity, located in the local 5 jurisdiction and not a school; 6 (c) A community anchor institution, other than a school, that is 7 located in the local jurisdiction; 8 (d) A local educational agency that is located in the local 9 jurisdiction; 10 (e) An entity located in the local jurisdiction that carries out 11 a workforce development program; 12 (f) An agency of the local jurisdiction that is responsible for 13 administering or supervising adult education and literacy activities 14 in the local jurisdiction; 15 (g) A public housing authority that is located in the local 16 jurisdiction; and 17 (h) A partnership between any of the entities described in (a) 18 through (g) of this subsection. 19 NEW SECTION. Sec. 5. (1) A local jurisdiction that wishes to be 20 awarded a grant under this section or section 6 of this act shall 21 develop a digital equity plan for the local jurisdiction, which shall 22 include: 23 (a) The identification of the barriers to digital equity faced by 24 covered populations in the local jurisdiction; 25 (b) Measurable objectives for documenting and promoting, among 26 covered populations in that local jurisdiction, including: 27 (i) The availability of, and affordability of access to, fixed 28 and wireless broadband technology; 29 (ii) The online accessibility and inclusivity of public resources 30 and services; 31 (iii) Digital literacy; 32 (iv) Awareness of, and the use of, measures to secure the online 33 privacy of, and cybersecurity with respect to, an individual; and 34 (v) The availability and affordability of consumer devices and 35 technical support for those devices; 36 (c) An assessment of how the objectives described in (b) of this 37 subsection will impact and interact with the local jurisdiction's: 38 p. 6 HB 2414 (i) Economic and workforce development goals, plans, and 1 outcomes; 2 (ii) Educational outcomes; 3 (iii) Health outcomes; 4 (iv) Civic and social engagement; and 5 (v) Delivery of other essential services; 6 (d) A description of how the local jurisdiction plans to 7 collaborate with key stakeholders in the local jurisdiction in order 8 to achieve the objectives described in (b) of this subsection, which 9 may include: 10 (i) Community anchor institutions; 11 (ii) County and municipal governments; 12 (iii) Local educational agencies; 13 (iv) Where applicable, Indian tribes; 14 (v) Nonprofit organizations; 15 (vi) Organizations that represent the following: 16 (A) Individuals with disabilities, including organizations that 17 represent children with disabilities; 18 (B) Aging individuals; 19 (C) Individuals with language barriers, including individuals who 20 are English learners or who have low levels of literacy; 21 (D) Veterans; and 22 (E) Incarcerated individuals in that local jurisdiction; 23 (vii) Civil rights organizations; 24 (viii) Entities that carry out workforce development programs; 25 (ix) Agencies of the local jurisdiction that are responsible for 26 administering or supervising adult education and literacy activities 27 in the local jurisdiction; 28 (x) Public housing authorities in the local jurisdiction; and 29 (xi) A partnership between any of the entities described in 30 (d)(i) through (x) of this subsection (1); and 31 (e) A list of organizations with which the administering entity 32 for the local jurisdiction collaborated in developing and 33 implementing the digital equity plan. 34 (2)(a) The administering entity for a local jurisdiction shall 35 make the digital equity plan available for public comment for a 36 period of not less than thirty days before the date on which the 37 local jurisdiction submits an application to the department under 38 section 6(2) of this act. 39 p. 7 HB 2414 (b) The administering entity for a local jurisdiction shall, 1 before submitting the application, consider all comments received 2 during the comment period with respect to the application and make 3 any changes to the plan that the administering entity determines to 4 be worthwhile. 5 (c) The administering entity for a local jurisdiction shall, when 6 submitting the application, describe any changes pursued by the 7 administering entity in response to comments received during the 8 comment period and include a written response to each comment 9 received during the comment period. 10 (3)(a) Subject to the availability of amounts appropriated for 11 this specific purpose, beginning July 1, 2022, the department shall, 12 in accordance with the requirements of this subsection (3), award 13 planning grants to local jurisdictions for the purpose of developing 14 the digital equity plans of those local jurisdictions. 15 (b) In order to be awarded a planning grant, a local jurisdiction 16 shall submit to the department an application under (c) of this 17 subsection. A local jurisdiction is not eligible to receive a 18 planning grant if the local jurisdiction was previously awarded a 19 planning grant under this subsection (3). 20 (c) A local jurisdiction that wishes to be awarded a planning 21 grant under this subsection (3) shall, not later than sixty days 22 after the date on which the notice of funding availability with 23 respect to the grant is released, submit to the department an 24 application, in a format to be determined by the department, that 25 contains the following materials: 26 (i) A description of the entity selected to serve as the 27 administering entity for the local jurisdiction, as described in 28 section 4 of this act; 29 (ii) A certification from the local jurisdiction that, not later 30 than one year after the date on which the department awards the 31 planning grant to the local jurisdiction, the administering entity 32 for that local jurisdiction shall develop a digital equity plan, 33 which the administering entity shall submit to the department. The 34 local jurisdiction must comply with the requirements of this 35 subsection, including the public comment requirements under 36 subsection (2)(b) of this section; and 37 (iii) The assurances required under section 7 of this act. 38 p. 8 HB 2414 (d)(i) A planning grant awarded to an eligible local jurisdiction 1 under this subsection (3) shall be determined according to the 2 formula under section 6(3)(a)(i) of this act. 3 (A) With respect to a planning grant awarded to an eligible local 4 jurisdiction under this subsection (3), the local jurisdiction shall 5 expend the grant funds during the one-year period beginning on the 6 date on which the local jurisdiction is awarded the grant funds. The 7 department may grant an extension not longer than one hundred eighty 8 days. 9 (B) The department shall ensure that any eligible local 10 jurisdiction to which a planning grant is awarded under this 11 subsection (3) may appeal or otherwise challenge in a timely fashion 12 the amount of the grant awarded to the local jurisdiction. 13 (ii) An eligible local jurisdiction to which a planning grant is 14 awarded under this subsection (3) shall, through the administering 15 entity for that local jurisdiction, use the grant funds only for the 16 following purposes: 17 (A) To develop the digital equity plan of the local jurisdiction; 18 and 19 (B) To make subgrants to any of the entities described in 20 subsection (1)(d) of this section to assist in the development of the 21 digital equity plan of the local jurisdiction. The administering 22 entity shall, with respect to any subgrant issued, provide to the 23 local jurisdiction the assurances required under section 7 of this 24 act. 25 NEW SECTION. Sec. 6. (1) Subject to the availability of amounts 26 appropriated for this specific purpose, beginning not later than two 27 years after the date on which the department begins awarding planning 28 grants under section 5(3) of this act, the department shall award 29 grants to eligible local jurisdictions annually to support: 30 (a) The implementation of the digital equity plans of those local 31 jurisdictions; and 32 (b) Digital inclusion activities in those local jurisdictions. 33 (2) A local jurisdiction that wishes to be awarded a grant under 34 this section shall, not later than sixty days after the date on which 35 the notice of funding availability with respect to the grant is 36 released, submit to the department an application, in a format to be 37 determined by the department, that contains the following materials: 38 p. 9 HB 2414 (a) A description of the entity selected to serve as the 1 administering entity for the local jurisdiction; 2 (b) The digital equity plan of that local jurisdiction; 3 (c) A certification that the local jurisdiction, acting through 4 the administering entity, shall implement the digital equity plan and 5 make grants in a manner that is consistent with the aims of the 6 digital equity plan; 7 (d) The assurances required under section 7 of this act; and 8 (e) Any amendments to the digital equity plan for a local 9 jurisdiction that has been previously awarded a grant under this 10 section. The amendments included must be compared with the digital 11 equity plan of the local jurisdiction previously submitted. 12 (3)(a)(i) Subject to the requirements set forth in (a)(ii) and 13 (iii) of this subsection (3), the department shall calculate the 14 amount of a grant awarded to an eligible local jurisdiction under 15 this subsection in accordance with the following criteria, using the 16 best available data for all local jurisdictions for the fiscal year 17 in which the grant is awarded: 18 (A) Fifty percent of the total grant amount shall be based on the 19 population of the eligible local jurisdiction in proportion to the 20 total population of all eligible local jurisdictions. 21 (B) Twenty-five percent of the total grant amount shall be based 22 on the number of individuals in the eligible local jurisdiction who 23 are covered populations in proportion to the total number of 24 individuals in all eligible local jurisdictions who are covered 25 populations. 26 (C) Twenty-five percent of the total grant amount shall be based 27 on the comparative lack of availability and adoption of broadband in 28 the eligible local jurisdiction in proportion to the lack of 29 availability and adoption of broadband of all eligible local 30 jurisdictions, which shall be determined according to data collected 31 from: 32 (I) The federal communications commission; 33 (II) The American community survey or, if necessary, other data 34 collected by the United States bureau of the census; 35 (III) The internet and computer use supplement to the current 36 population survey of the United States bureau of the census; and 37 (IV) Any other source that the department, after appropriate 38 notice and opportunity for public comment, determines to be 39 appropriate. 40 p. 10 HB 2414 (ii) The amount of a grant awarded to an eligible local 1 jurisdiction under this subsection (3) in a fiscal year shall be not 2 less than one-half of one percent of the total amount made available 3 to award grants to eligible local jurisdictions for that fiscal year. 4 (iii) After awarding planning grants and capacity grants to 5 eligible local jurisdictions in a fiscal year, the department shall 6 distribute any remaining amounts to carry out this section to 7 eligible local jurisdictions to which the department has awarded 8 grants under this subsection (3) for that fiscal year in accordance 9 with the formula described in (a)(i) of this subsection (3). 10 (b) With respect to a grant awarded to an eligible local 11 jurisdiction under this subsection, the eligible local jurisdiction 12 shall expend the grant funds during the five-year period beginning on 13 the date on which the eligible local jurisdiction is awarded the 14 grant funds. 15 (c) The department shall ensure that any eligible local 16 jurisdiction to which a grant is awarded under this subsection (3) 17 may appeal or otherwise challenge in a timely fashion the amount of 18 the grant awarded to the local jurisdiction. 19 (d) The administering entity for an eligible local jurisdiction 20 to which a grant is awarded under this subsection (3) shall use the 21 grant amounts for the following purposes: 22 (i) To update or maintain the digital equity plan of the local 23 jurisdiction. An administering entity for an eligible local 24 jurisdiction to which a grant is awarded under this subsection may 25 use not more than twenty percent of the amount of the grant for this 26 purpose; 27 (ii) To implement the digital equity plan of the local 28 jurisdiction; 29 (iii)(A) Subject to (d)(iii)(B) of this subsection (3), to award 30 a grant to any eligible entity located in the local jurisdiction in 31 order to: 32 (I) Assist in the implementation of the digital equity plan of 33 the local jurisdiction; 34 (II) Pursue digital inclusion activities in the local 35 jurisdiction consistent with the digital equity plan of the local 36 jurisdiction; and 37 (III) Report to the local jurisdiction regarding the digital 38 inclusion activities of the entity. 39 p. 11 HB 2414 (B) Before an administering entity for an eligible local 1 jurisdiction may award a grant under this section, the administering 2 entity shall require the entity to which the grant is awarded to 3 certify that: 4 (I) The entity shall carry out the activities required under this 5 subsection (3)(d); 6 (II) The receipt of the grant shall not result in unjust 7 enrichment of the entity; and 8 (III) The administering entity shall cooperate with any 9 evaluation carried out by or for the administering entity or the 10 department for any program that relates to a grant awarded to the 11 entity; 12 (iv) To evaluate the efficacy of the efforts funded by grants 13 made under (d)(iii) of this subsection. An administering entity for 14 an eligible local jurisdiction to which a grant is awarded under this 15 section may use not more than five percent of the amount of the grant 16 for this purpose; and 17 (v) For the administrative costs incurred in carrying out the 18 activities under this subsection (3)(d). An administering entity for 19 an eligible local jurisdiction to which a grant is awarded under this 20 section may use not more than three percent of the amount of the 21 grant for this purpose. 22 (4) A grant or subgrant awarded under this section shall 23 supplement, not supplant, other federal or state funds that have been 24 made available for this purpose. 25 NEW SECTION. Sec. 7. When applying for a grant under section 5 26 or 6 of this act, a local jurisdiction shall include in the 27 application assurances that: 28 (1)(a) The local government shall use the grant funds in 29 accordance with any applicable statute, regulation, and application 30 procedure. 31 (b) The administering entity for that local jurisdiction shall 32 adopt and use proper methods of administering any grant that the 33 local government is awarded, including by: 34 (i) Enforcing any obligation imposed under law on any agency, 35 institution, organization, or other entity that is responsible for 36 carrying out the program to which the grant relates; 37 p. 12 HB 2414 (ii) Correcting any deficiency in the operation of a program to 1 which the grant relates, as identified through an audit or another 2 monitoring or evaluation procedure; and 3 (iii) Adopting written procedures for the receipt and resolution 4 of complaints alleging a violation of law with respect to a program 5 to which the grant relates. 6 (c) The administering entity for that local jurisdiction shall 7 cooperate in carrying out any evaluation of any program that relates 8 to a grant awarded to the covered recipient and that is carried out 9 by or for the department or another state official; 10 (2) The administering entity for that local jurisdiction shall: 11 (a) Use fiscal control and fund accounting procedures that ensure 12 the proper disbursement of, and accounting for, any federal or state 13 funds that the local jurisdiction is awarded under section 5 or 6 of 14 this act. 15 (b) Submit to the department any reports that may be necessary to 16 enable the department to perform the duties of the department. 17 (c) Maintain any records and provide any information to the 18 department, including those records, that the department determines 19 is necessary to enable the department to perform the duties of the 20 department under this section. 21 (d) With respect to any significant proposed change or amendment 22 to the digital equity plan for the local jurisdiction, make the 23 change or amendment available for public comment in accordance with 24 section 5(2) of this act; and 25 (3) The local jurisdiction, before submitting to the department 26 the digital equity plan of the local jurisdiction, has complied with 27 the public comment requirements of section (5)(2) of this act. 28 NEW SECTION. Sec. 8. (1) The department shall terminate a grant 29 awarded to an eligible local jurisdiction under this section if, 30 after notice to the local jurisdiction and opportunity for a hearing, 31 the department: 32 (a) Presents to the local jurisdiction a rationale and supporting 33 information that clearly demonstrates the grant funds are not 34 contributing to the development or execution of the digital equity 35 plan of the local jurisdiction, as applicable, and the local 36 jurisdiction is not upholding assurances made by the state to the 37 department under section 7 of this act; and 38 p. 13 HB 2414 (b) Determines that the grant is no longer necessary to achieve 1 the original purpose for which department awarded the grant. 2 (2) The department shall redistribute unspent grant amounts, 3 resulting from the termination of a grant under subsection (1) of 4 this section, to eligible local jurisdictions to which the department 5 has awarded grants under section 5 or 6 of this act for that fiscal 6 year in accordance with the formula described under section 6(3) of 7 this act. 8 NEW SECTION. Sec. 9. (1)(a) The department shall require any 9 entity to which a grant, including a subgrant, is awarded under 10 section 5 or 6 of this act to publicly report, for each year during 11 the period described in section 5 or 6 of this act, as applicable, 12 with respect to the grant, and in a format specified by the 13 department. The report must include the following: 14 (i) The use of that grant by the entity; 15 (ii) The progress of the entity towards fulfilling the objectives 16 for which the grant was awarded; and 17 (iii) The implementation of the digital equity plan of the local 18 jurisdiction. 19 (b) The department shall establish appropriate mechanisms to 20 ensure that each eligible local jurisdiction to which a grant is 21 awarded under section 5 or 6 of this act uses the grant amounts in an 22 appropriate manner and complies with all terms with respect to the 23 use of the grant amounts. 24 (c) The department shall create and maintain a fully searchable 25 database, which shall be accessible on the internet at no cost to the 26 public, that contains, at a minimum: 27 (i) The application of each local jurisdiction that has applied 28 for a grant under this section; 29 (ii) The status of each application; 30 (iii) Each report submitted by an entity; 31 (iv) A record of public comments made regarding the digital 32 equity plan of a local jurisdiction and any written responses to or 33 actions taken as a result of those comments; and 34 (v) Any other information that is sufficient to allow the public 35 to understand and monitor grants awarded under this section. 36 (2) The department may establish additional reporting and 37 information requirements for any recipient of a grant under this 38 section. 39 p. 14 HB 2414 NEW SECTION. Sec. 10. (1) Subject to the availability of 1 amounts appropriated for this specific purpose, not later than thirty 2 days after the date on which the department begins awarding capacity 3 grants under section 6 of this act, and not before that date, the 4 department shall establish the digital equity competitive grant 5 program, the purpose of which is to award grants to support efforts 6 to achieve digital equity, promote digital inclusion activities, and 7 spur greater adoption of broadband among covered populations. 8 (2) In establishing the program under subsection (1) of this 9 section, the department: 10 (a) May consult with local jurisdictions to identify covered 11 populations located in that local jurisdiction and allocate grant 12 funds within that local jurisdiction for projects in or affecting the 13 local jurisdiction; and 14 (b) Shall consult with representatives of the following entities: 15 (i) The statewide broadband office; 16 (ii) The public works board; 17 (iii) The utilities and transportation commission; 18 (iv) The community economic revitalization board; 19 (v) The office of minority and women's business enterprises; 20 (vi) The department of veterans affairs; 21 (vii) The consolidated technology services agency; 22 (viii) The office of financial management; and 23 (ix) The head of any other agency that the department determines 24 to be appropriate. 25 (3) The department shall ensure the program complements and 26 enhances, and does not conflict with, other broadband initiatives and 27 programs. 28 (4) The department may prescribe such rules as may be necessary 29 to carry out this section. 30 NEW SECTION. Sec. 11. (1) The department may award a grant 31 under the program to any of the following entities if the entity is 32 not serving, and has not served, as the administering entity for a 33 local jurisdiction under section 4(2) of this act: 34 (a) A political subdivision, agency, or other municipal or quasi- 35 municipal corporation of the local jurisdiction, including an agency 36 that is responsible for administering or supervising adult education 37 and literacy activities in the local jurisdiction; 38 (b) An Indian tribe; 39 p. 15 HB 2414 (c) A foundation, corporation, institution, or association that 1 is a not-for-profit entity; 2 (d) A community anchor institution; 3 (e) A local educational agency; 4 (f) An entity that carries out a workforce development program; 5 (g) A partnership between any of the entities described in (a) 6 through (f) of this subsection; and 7 (h) A partnership between an entity described in (a) through (f) 8 of this subsection and an entity that the department, by rule, 9 determines to be in the public interest. 10 (2) The administering entity selected under subsection (1) of 11 this section may not be a school. 12 NEW SECTION. Sec. 12. (1) An entity that wishes to be awarded a 13 grant under the program shall submit to the department an application 14 at such time, in such form, and containing such information as the 15 department may require. 16 (2) The application under subsection (1) of this section must: 17 (a) Provide a detailed explanation of how the entity will use any 18 grant amounts awarded under the program to carry out the purposes of 19 the program in an efficient and expeditious manner; 20 (b) Identify the period in which the applicant will expend the 21 grant funds awarded under the program; 22 (c) Include a justification for the amount of the grant that the 23 applicant is requesting and, for each fiscal year in which the 24 applicant will expend the grant funds, a budget for the activities 25 that the grant funds will support; 26 (d) Demonstrate, to the satisfaction of the department, that the 27 entity: 28 (i) Is capable of carrying out the project or function to which 29 the application relates; 30 (ii) Is capable of carrying out activities described in section 31 17 of this act in a competent manner that is in compliance with all 32 applicable federal, state, and local laws; and 33 (iii) If the administering entity, shall appropriate or otherwise 34 unconditionally obligate from nonfederal sources funds that are 35 necessary to meet the requirements of section 14 of this act; 36 (e) Disclose to the department the source and amount of other 37 federal, state, or outside funding sources from which the entity 38 p. 16 HB 2414 receives, or has applied for, funding for activities or projects to 1 which the application relates; and 2 (f) Provide the assurances that are required under section 15 of 3 this act. The application must also provide an assurance that the 4 entity shall follow such additional procedures as the department may 5 require to ensure that grant funds are used and accounted for in an 6 appropriate manner. 7 NEW SECTION. Sec. 13. (1) In deciding whether to award a grant 8 under the program, the department shall, to the extent practicable, 9 consider: 10 (a) Whether the application would, if approved: 11 (i) Increase internet access and the adoption of broadband among 12 covered populations to be served by the applicant; and 13 (ii) Not result in unjust enrichment; 14 (b) Whether the applicant is, or plans to subcontract with, a 15 socially and economically disadvantaged small business concern; 16 (c) The comparative geographic diversity of the application in 17 relation to other eligible applications; and 18 (d) The extent to which an application may duplicate or conflict 19 with another program. 20 (2)(a) In addition to the evaluation activities required under 21 (b) of this subsection, an entity to which the department awards a 22 grant under the program shall use the grant amounts to support not 23 less than one of the following activities: 24 (i) To develop and implement digital inclusion activities that 25 benefit covered populations; 26 (ii) To facilitate the adoption of broadband by covered 27 populations in order to provide educational and employment 28 opportunities to those populations; 29 (iii) To implement, consistent with the purposes of this chapter, 30 workforce development programs or other training programs for covered 31 populations that cover basic, advanced, and applied skills; 32 (iv) To make available equipment, instrumentation, networking 33 capability, hardware and software, or digital network technology for 34 broadband services to covered populations at low or no cost; 35 (v) To construct, upgrade, expend, or operate new or existing 36 public access computing centers for covered populations through 37 community anchor institutions; or 38 p. 17 HB 2414 (vi) To undertake any other project and activity that the 1 department finds to be consistent with the purposes for which the 2 program is established. 3 (b)(i) An entity to which the department awards a grant under the 4 program shall use not more than ten percent of the grant amounts to 5 measure and evaluate the activities supported with the grant amounts. 6 (ii) An entity to which the department awards a grant under the 7 program shall annually submit to the department each measurement and 8 evaluation, in a manner specified by the department, no later than 9 fifteen months after the date on which the entity is awarded the 10 grant amounts for any year in which the entity expends grant amounts. 11 (c) An entity to which the department awards a grant under the 12 program may use not more than ten percent of the amount of the grant 13 for administrative costs in carrying out any of the activities 14 described in (a) of this subsection. 15 (d) An entity awarded a grant under this subsection shall expend 16 the grant amounts during the four year period beginning on the date 17 on which the entity is awarded the grant amounts. During the one year 18 period beginning on the date that is four years after the date on 19 which the entity is awarded the grant amounts, the entity may 20 continue to measure and evaluate the activities supported with the 21 grant amounts, as required under (b) of this subsection. 22 (3) A grant or subgrant awarded under this section shall 23 supplement, not supplant, other federal or state funds that have been 24 made available to carry out activities described in this section. 25 NEW SECTION. Sec. 14. (1) Except as provided in subsection (2) 26 of this section, the state share of any project for which the 27 department awards a grant under the competitive grant program 28 established under section 6 of this act may not exceed ninety 29 percent. 30 (2) The department may grant a waiver with respect to the 31 limitation on the state share of a project described in subsection 32 (1) of this section if: 33 (a) The applicant with respect to the project petitions the 34 department for the waiver; and 35 (b) The department determines that the applicant petition 36 demonstrates financial need. 37 p. 18 HB 2414 NEW SECTION. Sec. 15. When applying for a grant under this 1 chapter, an entity shall include in the application for that grant 2 assurances that the entity shall: 3 (1) Use any grant funds that the entity is awarded in accordance 4 with any applicable statute, regulation, and application procedure to 5 the extent required under applicable law; 6 (2) Adopt and use proper methods of administering any grant that 7 the entity is awarded, including by: 8 (a) Enforcing any obligation imposed under law on any agency, 9 institution, organization, or other entity that is responsible for 10 carrying out a program to which the grant relates; 11 (b) Correcting any deficiency in the operation of a program to 12 which the grant relates, as identified through an audit or another 13 monitoring or evaluation procedure; and 14 (c) Adopting written procedures for the receipt and resolution of 15 complaints alleging a violation of law with respect to a program to 16 which the grant relates; 17 (3) Cooperate with respect to any evaluation of any program that 18 relates to a grant awarded to the entity, including an evaluation 19 carried out by or for the department or another state official; 20 (4) Use fiscal control and fund accounting procedures that ensure 21 the proper disbursement of, and accounting for, any state funds that 22 the entity is awarded under the program; 23 (5) Submit to the department any reports that may be necessary to 24 enable the department to perform the duties of the department under 25 the program; and 26 (6) Maintain any records and provide any information to the 27 department, including those records, that the department determines 28 is necessary to enable the department to perform the duties of the 29 department under the program. 30 NEW SECTION. Sec. 16. (1) In addition to other authority under 31 applicable law, the department may deobligate or terminate a grant 32 awarded to an entity under this chapter if, after notice to the 33 entity and opportunity for a hearing, the department: 34 (a) Presents to the entity a rationale and supporting information 35 that clearly demonstrates that: 36 (i) The grant funds are not being used in a manner that is 37 consistent with the application with respect to the grant submitted 38 by the entity under section 12 of this act; and 39 p. 19 HB 2414 (ii) The entity is not upholding assurances made by the entity to 1 the department under section 15 of this act; or 2 (b) Determines that the grant is no longer necessary to achieve 3 the original purpose for which the department awarded the grant. 4 (2) The department may, with respect to any grant funds that the 5 department deobligates or terminates under subsection (1) of this 6 section, competitively award the grant funds to another applicant, 7 consistent with the requirements of this section. 8 NEW SECTION. Sec. 17. (1)(a) The department shall require any 9 entity to which the department awards a grant under the program to, 10 for each year during the period described in section 13(2)(d) of this 11 act with respect to the grant, submit to the department a report, in 12 a format specified by the department, regarding: 13 (i) The amount of the grant; 14 (ii) The use by the entity of the grant amounts; and 15 (iii) The progress of the entity towards fulfilling the 16 objectives for which the grant was awarded. 17 (b) The department shall establish mechanisms to ensure 18 appropriate use of, and compliance with respect to all terms 19 regarding, grant funds awarded under the program. 20 (c) The department shall create and maintain a fully searchable 21 database, which shall be accessible on the internet at no cost to the 22 public, that contains, at a minimum: 23 (i) A list of each entity that has applied for a grant under the 24 program; 25 (ii) A description of each grant application under the program, 26 including the proposed purpose of each grant described; 27 (iii) The status of each grant application under the program, 28 including whether the department has awarded a grant with respect to 29 the application and, if applicable, the amount of the grant; 30 (iv) Each report submitted by an entity under (a) of this 31 subsection; and 32 (v) Any other information that is sufficient to allow the public 33 to understand and monitor grants awarded under the program. 34 (d) The department shall ensure that any entity with respect to 35 which an award is deobligated or terminated under section 16 of this 36 act may, in a timely manner, appeal or otherwise challenge that 37 deobligation or termination, as applicable. 38 p. 20 HB 2414 (2) The department may establish additional reporting and 1 information requirements for any recipient of a grant under the 2 program. 3 NEW SECTION. Sec. 18. (1) Not later than one year after the 4 date on which the department begins awarding grants under section 5 6(1) of this act, and annually thereafter, the department shall: 6 (a) Submit to the appropriate committees of the legislature a 7 report that documents, for the year covered by the report: 8 (i) The findings of each evaluation conducted under (b) of this 9 subsection; 10 (ii) A list of each grant awarded under each covered program, 11 which shall include: 12 (A) The amount of each such grant; 13 (B) The recipient of each such grant; and 14 (C) The purpose for which each such grant was awarded; 15 (iii) Any deobligation, termination, or modification of a grant 16 awarded under the covered programs, which shall include a description 17 of the subsequent usage of any funds to which such an action applies; 18 and 19 (iv) Each challenge made by an applicant for, or a recipient of, 20 a grant under the covered programs and the outcome of each such 21 challenge; and 22 (b) Conduct evaluations of the activities carried out under the 23 covered programs, which shall include an evaluation of: 24 (i) Whether eligible local jurisdictions to which grants are 25 awarded under the program established under section 3 of this act 26 are: 27 (A) Abiding by the assurances made by those local jurisdictions 28 under section 7 of this act; 29 (B) Meeting, or have met, the stated goals of the digital equity 30 plans developed by the local jurisdictions under section 5 of this 31 act; 32 (C) Satisfying the reporting requirements imposed by the 33 department on local jurisdictions under section 9 of this act; and 34 (D) In compliance with any other rules, requirements, or 35 regulations adopted by the department in implementing that program; 36 and 37 (ii) Whether entities to which grants are awarded under the 38 program established under section 10 of this act are: 39 p. 21 HB 2414 (A) Abiding by the assurances made by those entities under 1 section 15 of this act; 2 (B) Meeting, or have met, the stated goals of those entities with 3 respect to the use of the grant amounts; 4 (C) Satisfying the requirements imposed by the department on 5 those local jurisdictions under section 17 of this act; and 6 (D) In compliance with any other rules, requirements, or 7 regulations adopted by the department in implementing that program. 8 (2) The department shall make each report submitted under 9 subsection (1)(a) of this section publicly available in an online 10 format that facilitates access and ease of use, is searchable, and is 11 accessible including to individuals with disabilities and in 12 languages other than English. 13 NEW SECTION. Sec. 19. The department may award grants and enter 14 into contracts, cooperative agreements, and other arrangements with 15 state agencies, public and private organizations, and other entities 16 with expertise that the department determines appropriate in order 17 to: 18 (1) Evaluate the impact and efficacy of activities supported by 19 grants awarded under the covered programs; and 20 (2) Develop, catalog, disseminate, and promote the exchange of 21 best practices, both with respect to and independent of the covered 22 programs, in order to achieve digital equity. 23 NEW SECTION. Sec. 20. In carrying out section 18 of this act, 24 and to further the objectives described in section 19 of this act, 25 the department shall conduct ongoing collaboration and consult with: 26 (1) The statewide broadband office; 27 (2) The public works board; 28 (3) The utilities and transportation commission; 29 (4) The community economic revitalization board; 30 (5) The office of minority and women's business enterprises; 31 (6) The department of veterans affairs; 32 (7) The consolidated technology services agency; 33 (8) The office of financial management; 34 (9) State agencies and local jurisdiction officials; 35 (10) Entities serving as administering entities for local 36 jurisdictions under section 4 of this act; 37 p. 22 HB 2414 (11) National, state, tribal, and local organizations that 1 provide digital inclusion, digital equity, or digital literacy 2 services; 3 (12) Researchers, academics, and philanthropic organizations; and 4 (13) Other agencies, organizations, entities, and community 5 stakeholders, as determined appropriate by the department. 6 NEW SECTION. Sec. 21. The department shall provide technical 7 support and assistance, assistance to entities to prepare the 8 applications of those entities with respect to grants awarded under 9 the covered programs, and other resources, to the extent practicable, 10 to ensure consistency in data reporting and to meet the objectives of 11 this section. 12 NEW SECTION. Sec. 22. (1) No individual in the United States 13 may, on the basis of actual or perceived race, color, religion, 14 national origin, sex, gender identity, sexual orientation, age, or 15 disability, be excluded from participation in, be denied the benefits 16 of, or be subjected to discrimination under any program or activity 17 that is funded in whole or in part with funds made available under 18 this chapter. 19 (2) The department shall effectuate subsection (1) of this 20 section with respect to any program or activity by issuing 21 regulations and taking actions consistent with chapter 49.60 RCW. 22 (3) Judicial review of an action taken by the department under 23 subsection (2) of this section shall be available to the extent 24 provided in chapter 49.60 RCW. 25 NEW SECTION. Sec. 23. The department shall, to the extent 26 practicable, carry out this chapter in a technologically neutral 27 manner. 28 NEW SECTION. Sec. 24. Sections 1 through 23 of this act 29 constitute a new chapter in Title 43 RCW. 30 NEW SECTION. Sec. 25. This act takes effect July 1, 2021. 31 --- END --- p. 23 HB 2414