(1) The department is directed to adopt and maintain an agency policy that requires the department to proactively provide broadband facility owners with information about planned state highway projects to enable collaboration between broadband facility owners and the department to identify opportunities for the installation of broadband facilities during the appropriate phase of these projects when such opportunities exist.
(2) If no owners are ready or able to participate in coordination of the installation of broadband infrastructure concurrently with state highway projects, the department may enlist its contractors to install broadband conduit as part of road construction projects in order to directly benefit the transportation system and motor vehicle users by:
(a) Reducing future traffic impacts to the traveling public on the roadway;
(b) Supporting the vehicle miles traveled reduction and congestion management goals of the state by allowing for more telework; or
(c) Proactively preparing the transportation system for the widespread development and use of autonomous vehicles.
(3) Broadband facility owners must first obtain a franchise granted by the department pursuant to RCW 47.44.010 and 47.44.020 before installing broadband facilities within the department's conduit. The costs for installation and maintenance of such broadband facilities shall be the responsibility of the broadband facility owner. The department may adopt rules establishing a fee schedule for occupancy of broadband facilities within the department's conduit consistent with federal law.
(4) As used in this section:
(a) "Broadband conduit" means a conduit used to support broadband infrastructure, including fiber optic cables.
(b) "Broadband infrastructure" has the same meaning as in RCW 43.330.530.