Digital opportunities

AN ACT Relating to advancing digital opportunities for all; 1
amending RCW 43.330.532, 43.330.534, 43.330.539, 43.330.5395, and 2
43.330.412; and reenacting and amending RCW 43.330.530.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 43.330.530 and 2022 c 265 s 301 and 2022 c 237 s 2 5
are each reenacted and amended to read as follows: 6
The definitions in this section apply throughout this section and 7
RCW 43.330.532 through 43.330.538, 43.330.412, 43.330.5393, and 8
43.330.5395 unless the context clearly requires otherwise.9
(1)(a) "Advanced telecommunications capability" means, without 10
regard to any transmission media or technology, high-speed, switched, 11
broadband telecommunications capability that enables users to 12
originate and receive high quality voice, data, graphics, and video 13
telecommunications using any technology. 14
(b) "Advanced telecommunications capability" does not include 15
access to a technology that delivers transmission speeds below the 16
minimum download and upload speeds provided in the definition of 17
broadband in this section. 18
(2) "Aging individual" means an individual 55 years of age or 19
older. 20
H-2734.2
HOUSE BILL 2365
State of Washington 69th Legislature 2026 Regular Session
By Representatives Gregerson, Ryu, Berry, Obras, Zahn, Scott, Ormsby,
Macri, Parshley, and Pollet
Prefiled 01/09/26. Read first time 01/12/26. Referred to Committee
on Technology, Economic Development, & Veterans.
p. 1 HB 2365
(3) "Board" means the public works board established in RCW 1
43.155.030. 2
(4) "Broadband" or "broadband service" means any service 3
providing advanced telecommunications capability and internet access 4
with transmission speeds that, at a minimum, provide 100 megabits per 5
second download and 20 megabits per second upload. 6
(5) "Broadband adoption" means the process by which an individual 7
obtains daily access and the ability to use the internet:8
(a) At a speed, quality, price, and capacity necessary for the 9
individual to accomplish common tasks, such that the access qualifies 10
as an advanced telecommunications capability; 11
(b) Providing individuals with the digital skills necessary to 12
participate fully and safely online; 13
(c) On a device connected to the internet and other advanced 14
telecommunications services via a secure and convenient network, with 15
associated end user broadband infrastructure equipment such as wifi 16
mesh router or repeaters to enable the device to adequately use the 17
internet network; and 18
(d) With technical support and digital navigation assistance to 19
enable continuity of service and equipment use and utilization.20
(6) "Broadband infrastructure" means networks of deployed 21
telecommunications equipment and technologies necessary to provide 22
high-speed internet access and other advanced telecommunications 23
services to end users. 24
(7) "Community anchor institution" means an entity, such as a 25
school, library, health clinic, health center, hospital or other 26
medical provider, public safety entity, institution of higher 27
education, public housing organization, or community support 28
organization, which facilitates greater use of broadband service by 29
underserved populations.30
(8) "Department" means the department of commerce.31
(((8))) (9) "Digital equity" means the condition in which 32
individuals and communities in Washington have the information 33
technology capacity that is needed for full participation in society , 34
democracy, and the economy. 35
(((9))) (10)(a) "Digital inclusion" means the activities that are 36
necessary to ensure that all individuals in Washington have access 37
to, and the use of, affordable information and communication 38
technologies including, but not limited to: 39
(i) Reliable broadband internet service; 40
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(ii) Internet-enabled devices that meet the needs of the user; 1
and 2
(iii) Applications and online content designed to enable and 3
encourage self-sufficiency, participation, and collaboration.4
(b) "Digital inclusion" also includes obtaining access to digital 5
literacy training, the provision of quality technical support, and 6
obtaining basic awareness of measures to ensure online privacy and 7
cybersecurity. 8
(((10))) (11) "Digital literacy" means the skills associated with 9
using technology to enable users to use information and 10
communications technologies to find, evaluate, organize, create, and 11
communicate information. 12
(((11))) (12) "Last mile infrastructure" means broadband 13
infrastructure that serves as the final connection from a broadband 14
service provider's network to the end-use customer's on-premises 15
telecommunications equipment. 16
(((12))) (13) "Local government" includes cities, towns, 17
counties, municipal corporations, public port districts, public 18
utility districts, quasi-municipal corporations, special purpose 19
districts, and multiparty entities comprised of public entity 20
members. 21
(((13))) (14) "Low-income" means households ((as defined by the 22
department of social and health services, provided that the 23
definition may not exceed the higher of 80 percent of area median 24
household income or the self-sufficiency standard as determined by 25
the University of Washington's self-sufficiency calculator.26
(14))) with a household income that does not exceed the higher 27
level of 200 percent of the federal poverty level or the self-28
sufficiency standard produced by the University of Washington, as 29
determined by household size and location.30
(15) "Middle mile infrastructure" means broadband infrastructure 31
that links a broadband service provider's core network infrastructure 32
to last mile infrastructure. 33
(((15))) (16) "Office" means the governor's statewide broadband 34
office established in RCW 43.330.532. 35
(((16))) (17) "Tribe" means any federally recognized Indian tribe 36
whose traditional lands and territories included parts of Washington.37
(((17))) (18) "Underserved population" means any of the 38
following: 39
(a) Individuals who live in low-income households;40
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(b) Aging individuals; 1
(c) Incarcerated individuals; 2
(d) Veterans; 3
(e) Individuals with disabilities; 4
(f) Individuals with a language barrier, including individuals 5
((who are English learners )) with limited English proficiency or who 6
have low levels of literacy; 7
(g) Individuals who are members of a racial or ethnic minority 8
group; 9
(h) Individuals who primarily reside in a rural area;10
(i) ((Children and youth)) Dependents in foster care; or11
(j) Individuals experiencing housing instability.12
(((18))) (19) "Unserved areas" means areas of Washington in which 13
households and businesses lack access to adequate, reliable, and 14
affordable broadband service, as defined by the office.15
Sec. 2. RCW 43.330.532 and 2022 c 265 s 302 are each amended to 16
read as follows: 17
(1) The governor's statewide broadband office is established. The 18
director of the office must be appointed by the governor. The office 19
may employ staff necessary to carry out the office's duties as 20
prescribed by chapter 365, Laws of 2019, subject to the availability 21
of amounts appropriated for this specific purpose.22
(2) The purpose of the office is to encourage, foster, develop, 23
and improve affordable ((,)) and quality broadband , broadband 24
adoption, and digital equity within the state in order to:25
(a) Drive job creation, promote innovation, improve economic 26
vitality, and expand markets for Washington businesses;27
(b) Serve the ongoing and growing needs of Washington's education 28
systems, health care systems, public safety systems, transportation 29
systems, industries and business, governmental operations, and 30
citizens; and 31
(c) Improve broadband accessibility and adoption for unserved and 32
underserved communities and populations. 33
Sec. 3. RCW 43.330.534 and 2024 c 54 s 53 are each amended to 34
read as follows: 35
(1) The office has the power and duty to: 36
(a) Serve as the central broadband planning body for the state of 37
Washington; 38
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(b) Coordinate with relevant state agencies, local governments, 1
tribes, public and private entities, public housing agencies, 2
community anchor institutions, nonprofit organizations, and consumer-3
owned and investor-owned utilities to develop strategies and plans 4
promoting deployment of broadband infrastructure and greater 5
broadband access and broadband adoption, while protecting proprietary 6
information; 7
(c) Review existing broadband initiatives, policies, and public 8
and private investments; 9
(d) Develop, recommend, and implement a statewide plan to 10
encourage cost-effective broadband access and to make recommendations 11
for increased usage, particularly in rural and other unserved areas;12
(e) Update the state's broadband goals and definitions for 13
broadband service in unserved areas as technology advances, except 14
that the state's definition for broadband service may not be actual 15
speeds less than ((twenty-five)) 100 megabits per second download and 16
((three)) 20 megabits per second upload; and 17
(f) Encourage public-private partnerships to increase deployment 18
and adoption of broadband services and applications.19
(2) When developing plans or strategies for broadband deployment 20
and adoption, the office must consider: 21
(a) Partnerships between communities, tribes, nonprofit 22
organizations, local governments, consumer-owned and investor-owned 23
utilities, and public and private entities; 24
(b) Funding opportunities that provide for the coordination of 25
public, private, state, and federal funds for the purposes of making 26
broadband infrastructure or broadband services available to rural and 27
unserved areas of the state; 28
(c) Barriers to the deployment, adoption, and utilization of 29
broadband service, including affordability of service and project 30
coordination logistics; and 31
(d) Requiring minimum broadband service of ((twenty-five)) 100 32
megabits per second download and ((three)) 20 megabits per second 33
upload speed, that is scalable to faster service. 34
(3) The office may assist applicants for the grant and loan 35
program created in RCW 43.155.160, the digital ((equity)) opportunity 36
program created in RCW 43.330.412, and the digital equity planning 37
grant program created in RCW 43.330.5393 with seeking federal funding 38
or matching grants and other grant opportunities for deploying or 39
increasing adoption of broadband services. 40
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(4) The office may take all appropriate steps to seek and apply 1
for federal funds for which the office is eligible, and other grants, 2
and accept donations, and must deposit these funds in the statewide 3
broadband account created in RCW 43.155.165 or in the digital equity 4
account created in RCW 80.36.710 as appropriate to the funding 5
purposes. 6
(5) The office shall coordinate an outreach effort to hard-to-7
reach communities and low-income communities across the state to 8
provide information about broadband programs available to consumers 9
of these communities. The outreach effort must include, but is not 10
limited to, providing information to applicable communities about the 11
federal lifeline program and other low-income broadband benefit 12
programs, including updated information regarding eligibility and 13
enrollment. To assist with the outreach effort, the office shall 14
request that broadband internet service providers report their three 15
lowest cost tiers of retail internet service, unless this information 16
is already publicly available elsewhere. Cost information that is 17
received must be provided in the outreach materials available . The 18
outreach effort must be reviewed by the ((office of equity )) digital 19
equity forum annually. The office may contract with other public or 20
private entities to conduct outreach to communities as provided under 21
this subsection. For purposes of this subsection, "hard-to-reach 22
communities" include rural and frontier geographic areas where 23
distance or terrain are barriers, as well as other areas where 24
underserved populations are harder to reach due to language or 25
disability barriers.26
(6) In carrying out its purpose, the office ((may collaborate 27
with)) shall consider collaborating with federally recognized tribes 28
and all relevant state agencies, including, but not limited to, the 29
utilities and transportation commission, Washington technology 30
solutions, the department of commerce, the community economic 31
revitalization board, the department of transportation, the public 32
works board, the state librarian, ((and all other relevant state 33
agencies)) the department of social and health services, and the 34
office of the superintendent of public instruction.35
Sec. 4. RCW 43.330.539 and 2022 c 265 s 201 are each amended to 36
read as follows: 37
(1) The office, in consultation with the digital equity forum, 38
the utilities and transportation commission, ((and)) the department 39
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of social and health services, ((must develop )) and other relevant 1
state agencies, must develop, coordinate implementation of, and 2
monitor progress in implementing a state digital equity plan.3
(a) The office must seek any available federal or other funding 4
for purposes of developing and implementing the state digital equity 5
plan. 6
(b) The state digital equity plan must include such elements as 7
the office determines are necessary to leverage federal and other 8
funding. 9
(2) In developing and implementing the plan, the office must 10
identify measurable objectives for documenting and promoting digital 11
equity among underserved communities located in the state.12
(3) By ((December 1, 2023 )) January 1, 2027, and every two years 13
thereafter, the office must submit a report to the governor and the 14
appropriate committees of the legislature, including the following:15
(a) The digital equity plan described in subsection (1) of this 16
section and measurable objectives described in subsection (2) of this 17
section in accordance with the following:18
(i) The digital equity plan submitted by January 1, 2027, must be 19
based on the 2024 internet for all in Washington digital equity plan 20
developed by the office; and21
(ii) After January 1, 2027, the office shall review and update 22
the state digital equity plan before every report submission;23
(b) A description of how the office ((collaborated)) is 24
collaborating with the membership of the digital equity forum, state 25
agencies, and key ((stakeholders)) partners to develop and implement 26
the plan including, but not limited to, the following:27
(i) Community anchor institutions; 28
(ii) Local governments; 29
(iii) Local educational agencies; 30
(iv) Entities that carry out workforce development programs; and31
(v) Broadband service providers; 32
(c) A description of ((federal)) current and foreseeable future 33
funding available to advance digital equity in the state ((, including 34
any available information on the extent to which state residents have 35
enrolled in the affordable connectivity program through an approved 36
provider)); ((and))37
(d) An evaluation of progress made in implementing the state 38
digital equity plan, including an assessment of existing state 39
digital equity initiatives, policies, programs, funding needs, and 40
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public and private investments, including a recommended model for 1
future program, infrastructure, and outreach investments; and2
(e) Recommendations of additional state law or policy that can be 3
targeted to help improve broadband adoption and affordability for 4
state residents. This may include recommendations of ongoing 5
subsidies that the state can provide to low-income individuals and 6
community anchor institutions, as well as identification of revenue 7
sources that other states or jurisdictions have developed to fund 8
such subsidies or discounted rates. 9
(4) The report required by this section may be combined with the 10
report required by RCW 43.330.538.11
(5) For the purpose of this section, "office" means the statewide 12
broadband office established in RCW 43.330.532. 13
Sec. 5. RCW 43.330.5395 and 2022 c 265 s 306 are each amended to 14
read as follows: 15
(1) The Washington digital equity forum is established for the 16
purpose of developing recommendations to advance digital 17
connectivity, broadband adoption, and digital equity in Washington 18
state ((and advising the statewide broadband office on the digital 19
equity opportunity program as provided under RCW 43.330.412 and the 20
digital equity planning grant program as provided under RCW 21
43.330.5393)). 22
(2) In developing its recommendations to advance digital 23
connectivity, broadband adoption, and digital equity, the forum must:24
(a) Develop goals that are consistent with the goals of the 25
governor's statewide broadband office, as provided in RCW 43.330.536;26
(b) Strengthen public-private partnerships , cooperatives, and 27
other partnerships that promote digital connectivity, broadband 28
adoption, and digital equity; 29
(c) Solicit public input and increase awareness of digital equity 30
needs and resources through public hearings or informational 31
sessions; 32
(d) Work to increase collaboration and communication between 33
local, state, and federal governments and agencies((; and34
(e) Recommend)), tribal governments, and other partners;35
(e) Recommend opportunities for sustainable digital equity 36
funding, including reforms to current universal service mechanisms;37
(f) Consider related issues within its scope brought by members 38
of the forum or the public;39
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(g) Consult with the statewide broadband office and other 1
agencies on the state digital equity plan and the plan implementation 2
in accordance with RCW 43.330.539;3
(h) Annually review the outreach effort coordinated by the office 4
pursuant to RCW 43.330.534; and5
(i) Provide feedback on the digital equity planning grant 6
program, the digital opportunity program, or other digital equity 7
grant programs. 8
(3)(a) The director ((s)) of the governor's statewide broadband 9
office ((and the Washington state office of equity are )), in 10
consultation with the digital equity forum chair or cochairs and the 11
Washington state office of equity, is responsible for appointing 12
participating members of the digital equity forum ((and no 13
appointment may be made unless each director concurs in the 14
appointment)). 15
(b) In making appointments, the director ((s)) must prioritize 16
appointees representing: 17
(((a))) (i) Federally recognized tribes; 18
(((b))) (ii) State and local agencies involved in digital equity; 19
and 20
(((c))) (iii) Underserved and unserved communities, including 21
historically disadvantaged communities. 22
(c) The director must also consider appointees representing 23
broadband providers, the technology industry, and philanthropy, as 24
well as appointees representing the health industry and legal and 25
justice system.26
(4) A majority of the ((participating)) members appointed by the 27
director((s must )) may appoint an administrative chair or cochairs 28
for the forum. 29
(5) In addition to members appointed by the director ((s)), four 30
legislators may serve on the digital equity forum in an ex officio 31
capacity. Legislative participants must be appointed as follows:32
(a) The speaker of the house of representatives must appoint one 33
member from each of the two largest caucuses of the house of 34
representatives; and 35
(b) The president of the senate must appoint one member from each 36
of the two largest caucuses of the senate. 37
(6)(((a) Funds appropriated to the forum may be used to 38
compensate, for any work done in connection with the forum, 39
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additional persons who have lived experience navigating barriers to 1
digital connectivity and digital equity. 2
(b) Each member of the digital equity forum shall serve without 3
compensation but may be reimbursed for travel expenses as authorized 4
in RCW 43.03.050 and 43.03.060)) Members of the forum may receive a 5
stipend in order to implement the principles of equity described in 6
RCW 43.06D.020, provided that the individuals are not otherwise 7
compensated for their attendance at meetings. 8
(7)(a) Staff for the digital equity forum must be provided by the 9
governor's statewide broadband office ((and the Washington state 10
office of equity )). The governor's statewide broadband office ((and 11
the Washington state office of equity are jointly )) is responsible 12
for transmitting the recommendations of the digital equity forum to 13
the legislature, consistent with RCW 43.01.036, by October 28, 2025, 14
and every odd-numbered year thereafter. 15
(b) The digital equity forum may provide additional 16
recommendations or comment on related matters under the scope of the 17
digital equity forum, according to its adopted charter and discretion 18
of the chair or cochairs.19
Sec. 6. RCW 43.330.412 and 2022 c 265 s 304 are each amended to 20
read as follows: 21
The digital ((equity)) opportunity program is created to advance 22
broadband adoption and digital equity and inclusion throughout the 23
state. The digital ((equity)) opportunity program must be 24
administered by the department. The department may focus on outreach 25
and prioritize elements of this program based on funding levels and 26
the goals of the state digital equity plan. The department may 27
contract for services in order to carry out the department's 28
obligations under this section. 29
(1) In implementing the digital ((equity)) opportunity program 30
the director must, to the extent funds are appropriated for this 31
purpose: 32
(a) Provide organizational and capacity building support to 33
digital equity programs and regional coalitions supporting digital 34
equity advancement throughout the state and additional support for 35
the purpose of: 36
(i) Evaluating the impact and efficacy of activities supported by 37
grants awarded under the covered programs; ((and))38
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(ii) Enabling local and regional directories of digital equity 1
program services, community needs assessments, and tracking of lower-2
cost broadband offerings; and3
(iii) Developing, cataloging, disseminating, and promoting the 4
exchange of best practices, with respect to and independent of the 5
covered programs, in order to achieve digital equity. ((After July 1, 6
2024, no)) No more than 15 percent of funds received by the director 7
for the program may be expended on these functions;8
(b) Establish a competitive grant program and provide grants to 9
((community technology )) digital equity programs to advance digital 10
equity and digital inclusion by providing: 11
(i) Training and skill-building opportunities;12
(ii) Access to hardware and software, including accessibility 13
tools and online service costs such as application and software;14
(iii) ((Internet connectivity;15
(iv) Digital media literacy and )) Small-scale internet 16
connectivity projects, including wireless mesh installations, that 17
enable more affordable internet in low-income housing and limited 18
areas, and which do not conflict with or replicate other state 19
broadband deployment projects;20
(iv) Fundamentals of generative artificial intelligence literacy, 21
digital media literacy, and online safety and privacy cybersecurity 22
training; 23
(v) Assistance in the adoption of information and communication 24
technologies for low-income and underserved populations of the state 25
through digital navigators, digital skills training, and related 26
approaches; 27
(vi) Development of locally relevant content and delivery of 28
vital services through technology; and 29
(vii) Technical support; and30
(c) Collaborate with broadband ((stakeholders)) partners, 31
including broadband action teams across the state, in implementing 32
the program as provided under this subsection((; and33
(d) For the purposes of this section, include wireless meshed 34
network technology)). 35
(2) Grant applicants must: 36
(a) Provide evidence that the applicant is a nonprofit entity or 37
a public entity that is working in partnership with a nonprofit 38
entity; 39
(b) Define the geographic area or population to be served;40
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(c) Provide evidence that the applicant is in partnership with 1
locally based organizations or governments in each local county or 2
tribal area it will serve, unless the only county or tribal area to 3
be served is where the applicant entity is located;4
(d) Include in the application the results of a needs assessment 5
addressing, in the geographic area or among the population to be 6
served: The impact of inadequacies in technology access or knowledge, 7
barriers faced, and services needed; 8
(((d))) (e) Explain in detail the strategy for addressing the 9
needs identified and an implementation plan including objectives, 10
tasks, and benchmarks for the applicant and the role that other 11
organizations will play in assisting the applicant's efforts;12
(((e))) (f) Provide evidence that funds applied for, if received, 13
will be used to provide effective delivery of ((community 14
technology)) digital equity services in alignment with the goals of 15
this program and to increase the applicant's level of effort beyond 16
the current level; and 17
(((f))) (g) Comply with such other requirements as the director 18
establishes. 19
(3) ((The digital equity forum shall review grant applications 20
and provide input to the director regarding the prioritization of 21
applications in awarding grants among eligible applicants under the 22
program)) The director must provide draft eligibility guidelines, 23
selection criteria, the application form, and outreach materials to 24
be used in promoting and awarding grants under the digital 25
opportunity program to the digital equity forum on a timely basis and 26
consider the forum's input. 27
(4) In awarding grants under the digital ((equity)) opportunity 28
program created in this section, the director must:29
(a) Consider ((the input provided by the digital equity forum, as 30
provided in subsection (3) of this section, in awarding grants; and31
(b))) whether the grant award furthers the goals of the state 32
digital equity plan;33
(b) Consider the opportunity to leverage additional federal and 34
private investment;35
(c) Consider the requirements and intent associated with federal 36
or private funds contributed for these purposes; and37
(d) Consider the extent to which the mix of grants awarded would 38
increase ((in)) the number of prekindergarten through 12th grade 39
students gaining access to greater levels of digital inclusion ((as a 40
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factor in awarding grants )), while also considering the geographic 1
distribution of such students. 2
(5) The director may use no more than 10 percent of funds 3
received for the digital ((equity)) opportunity program to cover 4
administrative expenses. 5
(6) The director must establish expected program outcomes for 6
each grant recipient and must require grant recipients to provide an 7
annual accounting of program outcomes. 8
--- END ---
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