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2021 Senate Bill 5383: Authorizing a public utility district to provide retail telecommunications services in unserved areas under certain conditions
Introduced by Sen. Lisa Wellman (Mercer Island) (D) on January 29, 2021
Referred to the Senate Environment, Energy & Technology Committee on January 29, 2021
Substitute offered in the Senate on February 11, 2021
Authorizes a public utility district to provide retail telecommunication services in an unserved area under certain conditions.
Referred to the Senate Ways & Means Committee on February 12, 2021
Substitute offered in the Senate on February 22, 2021
• Changes the title to address the inclusion of port districts. • Revises the intent language. • Provides port districts with the same retail authority as provided to PUDs under the bill.
Referred to the Senate Rules Committee on February 22, 2021
Amendment offered by Sen. Mark Schoesler (Ritzville) (R) on February 26, 2021
Specifies the authority for a public utility district and a port district to provide retail telecommunications services applies to unserved areas within the district's limits.
The amendment failed by voice vote in the Senate on February 26, 2021
Received in the House on March 2, 2021
Referred to the House Community & Economic Development Committee on March 2, 2021
Referred to the House Appropriations Committee on March 26, 2021
Amendment offered in the House on April 11, 2021
(1) Adds a provision allowing a public utility district (PUD) to provide wholesale telecommunications services as follows: (a) Within an adjoining county that is already provided electrical services by the district; and (b) within an adjoining county that does not have a PUD providing electrical or telecommunications services headquartered within the county's boundaries, but only if the PUD providing the telecommunications services is not authorized to provide electrical service. (2) Removes the ability of and process for an existing broadband service provider to object to a retail telecommunications services project of a PUD or port district for unserved areas. (3) Adds provisions requiring a PUD or port district to notify and consult with the Statewide Broadband Office (Office) within 30 days that it intends to provide retail telecommunications services in unserved areas and submit to the Office a telecommunications infrastructure and service plan. (4) Adds a provision allowing a PUD or port district that provides retail telecommunications services in unserved areas to use state funds, federal funds appropriated through the state, or federal funds dedicated for projects in unserved areas to fund projects identified in its telecommunications infrastructure and service plan.
The amendment passed by voice vote in the House on April 11, 2021
Amendment offered by Rep. Matt Boehnke (Benton) (R) on April 11, 2021
Modifies the definition of "unserved areas" by adding a provision specifying that areas where federal government funding has been awarded under the Rural Digital Opportunity Fund for deployment or expansion of broadband must be considered "served" unless the awarded funding is forfeited or the recipient is disqualified.
The amendment failed by voice vote in the House on April 11, 2021
Amendment offered by Rep. Chris Corry (Yakima) (R) on April 11, 2021
Modifies how the Statewide Broadband Office (Office) may utilize the telecommunications infrastructure and service plan of a public utility district or port district by: (a) providing that such plans will enable the Office to allocate funding, rather than potentially allocate funding, for unserved areas; (b) clarifying that the Office may use the plans to report on the feasibility and sustainability of any project in the retail service area; and (c) providing that the Office may confirm that any federally funded or state funded project is within an unserved area as defined by the applicable federal or state guidelines instead of as defined in the bill.
The amendment failed by voice vote in the House on April 11, 2021
Amendment offered by Rep. Chris Corry (Yakima) (R) on April 11, 2021
Allows a broadband service provider providing service in an area where a public utility district or port district proposes to provide retail service, or is applying for state or federal funds to provide service within an unserved area, to submit information to the Statewide Broadband Office demonstrating that theproject would result in overbuild. Requires the Statewide Broadband Office to include this information when making recommendations for the allocation of state or federal funds.
The amendment failed by voice vote in the House on April 11, 2021
Amendment offered by Rep. Chris Corry (Yakima) (R) on April 11, 2021
Requires a public utility district or a port district providing retail broadband services in an unserved area to comply with all applicable federal, state, and local laws to the same extent as a private entity that provides retail broadband services in Washington.
The amendment failed by voice vote in the House on April 11, 2021
Amendment offered by Rep. Drew Hansen (Kitsap) (D) on April 11, 2021
Removes language that specifies that public utility districts (PUDs) and port districts may not provide telecommunications services to end users with certain exceptions and instead allows PUDs and port districts to provide retail telecommunications services as authorized in statute.
The amendment passed by voice vote in the House on April 11, 2021
Received in the Senate on April 23, 2021
Signed by Gov. Jay Inslee on May 13, 2021