CERTIFICATION OF ENROLLMENT

SUBSTITUTE SENATE BILL 5176

Chapter 136, Laws of 2005

59th Legislature
2005 Regular Session



DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT--STATUTORY CONSOLIDATION



EFFECTIVE DATE: 7/1/05

Passed by the Senate March 9, 2005
  YEAS 47   NAYS 0

BRAD OWEN
________________________________________    
President of the Senate
Passed by the House April 6, 2005
  YEAS 95   NAYS 0

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


 
CERTIFICATE

I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5176 as passed by the Senate and the House of Representatives on the dates hereon set forth.

THOMAS HOEMANN
________________________________________    
Secretary
Approved April 22, 2005.








CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington
 
FILED
April 22, 2005 - 3:25 p.m.







Secretary of State
State of Washington


_____________________________________________ 

SUBSTITUTE SENATE BILL 5176
_____________________________________________

Passed Legislature - 2005 Regular Session
State of Washington59th Legislature2005 Regular Session

By Senate Committee on International Trade & Economic Development (originally sponsored by Senators Shin, Doumit, Rasmussen, Eide, Roach and Berkey)

READ FIRST TIME 02/04/05.   



     AN ACT Relating to consolidation of department of community, trade, and economic development statutory obligations and repealing obsolete statutes; amending RCW 43.21J.010, 43.63A.230, 43.168.020, 43.168.040, 43.168.050, 43.168.060, 43.168.070, 43.168.090, 43.168.100, 43.168.130, 43.168.150, 43.330.050, 43.330.060, 43.330.090, 43.330.092, 47.36.330, and 43.31.522; creating a new section; repealing RCW 43.31.057, 43.31.093, 43.31.145, 43.31.390, 43.31.403, 43.31.406, 43.31.409, 43.31.411, 43.31.414, 43.31.417, 43.31.526, 43.63A.240, 43.63A.245, 43.63A.247, 43.63A.249, 43.63A.265, 43.63A.270, 43.63A.715, 43.160.115, 43.160.180, 43.165.010, 43.168.031, 43.170.010, 43.170.020, 43.170.030, 43.170.040, 43.170.060, 43.170.070, 43.172.005, 43.172.010, 43.172.011, 43.172.020, 43.172.030, 43.172.040, 43.172.050, 43.172.060, 43.172.070, 43.172.080, 43.172.090, 43.172.100, 43.172.110, 43.172.120, 43.172.900, 43.172.901, 43.172.902, 43.172.903, 43.330.180, 43.21A.670, 43.23.240, 43.30.470, 43.70.450, 77.12.750, 79A.05.350, and 90.71.090; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 43.21J.010 and 1995 c 226 s 26 are each amended to read as follows:
     (1) It is the intent of this chapter to provide financial resources to make substantial progress toward: (a) Implementing the Puget Sound water quality management plan and other watershed-based management strategies and plans; (b) ameliorating degradation to watersheds; and (c) keeping and creating stable, environmentally sound, good wage employment in Washington state. The legislature intends that employment under this chapter is not to result in the displacement or partial displacement, whether by the reduction of hours of nonovertime work, wages, or other employment benefits, of currently employed workers, including but not limited to state civil service employees, or of currently or normally contracted services.
     (2) It is the purpose of this chapter to:
     (a) Implement clean water, forest, and habitat restoration projects that will produce measurable improvements in water and habitat quality, that rate highly when existing environmental ranking systems are applied, and that provide economic stability.
     (b) Facilitate the coordination and consistency of federal, state, tribal, local, and private water and habitat protection and enhancement programs in the state's watersheds.
     (c) Fund necessary projects for which a public planning process has been completed.
     (d) Provide immediate funding to create jobs and training for environmental restoration and enhancement jobs for unemployed workers and displaced workers in impact areas, especially rural natural resources-dependent communities.
     (3) For purposes of this chapter "impact areas" means: (a) Distressed counties as defined in RCW ((43.165.010(3)(a))) 43.168.020; and (b) ((subcounty areas in those counties not covered under (a) of this subsection that are rural natural resources impact areas as defined in RCW 43.31.601; (c) urban subcounty areas as defined in RCW 43.165.010(3)(c); and (d))) areas that the task force determines are likely to experience dislocations in the near future from downturns in natural resource-based industries.
     (4) For purposes of this chapter, "high-risk youth" means youth eligible for Washington conservation corps programs under chapter 43.220 RCW or Washington service corps programs under chapter 50.65 RCW.
     (5) For purposes of this chapter, "dislocated forest products worker" has the meaning set forth in *RCW 50.70.010.
     (6) For purposes of this chapter, "task force" means the environmental enhancement and job creation task force created under RCW 43.21J.030.

Sec. 2   RCW 43.63A.230 and 1993 c 280 s 63 are each amended to read as follows:
     (((1))) The department of community, trade, and economic development shall ((integrate an employee ownership program within its existing technical assistance programs. The employee ownership program shall)) provide technical assistance to cooperatives authorized under chapter 23.78 RCW and conduct educational programs on employee ownership and self-management. The department shall include information on the option of employee ownership wherever appropriate in its various programs.
     (((2) The department shall maintain a list of firms and individuals with expertise in the field of employee ownership and utilize such firms and individuals, as appropriate, in delivering and coordinating the delivery of technical, managerial, and educational services. In addition, the department shall work with and rely on the services of the employment security department and state institutions of higher education to promote employee ownership.
     (3) The department shall report to the governor, the appropriate economic development committees of the senate and the house of representatives, and the ways and means committees of each house by December 1 of 1988, and each year thereafter, on the accomplishments of the employee-ownership program. Such reports shall include the number and types of firms assisted, the number of jobs created by such firms, the types of services, the number of workshops presented, the number of employees trained, and the results of client satisfaction surveys distributed to those using the services of the program.
     (4) For purposes of this section, an employee stock ownership plan qualifies as a cooperative if at least fifty percent, plus one share, of its voting shares of stock are voted on a one-person-one-vote basis.
))

Sec. 3   RCW 43.168.020 and 1999 c 164 s 502 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Department" means the department of community, trade, and economic development.
     (2) "Director" means the director of community, trade, and economic development.
     (3) "Distressed area" means: (a) A rural county; (b) a county which has an unemployment rate which is twenty percent above the state average for the immediately previous three years; (c) a county that has a median household income that is less than seventy-five percent of the state median household income for the previous three years; (d) a metropolitan statistical area, as defined by the office of federal statistical policy and standards, United States department of commerce, in which the average level of unemployment for the calendar year immediately preceding the year in which an application is filed under this chapter exceeds the average state unemployment for such calendar year by twenty percent; or (e) an area within a county, which area: (i) Is composed of contiguous census tracts; (ii) has a minimum population of five thousand persons; (iii) has at least seventy percent of its families and unrelated individuals with incomes below eighty percent of the county's median income for families and unrelated individuals; and (iv) has an unemployment rate which is at least forty percent higher than the county's unemployment rate((; or (f) a county designated as a rural natural resources impact area under RCW 43.31.601 if an application is filed by July 1, 1997)). For purposes of this definition, "families and unrelated individuals" has the same meaning that is ascribed to that term by the federal department of housing and urban development in its regulations authorizing action grants for economic development and neighborhood revitalization projects.
     (4) "Fund" means the rural Washington loan fund.
     (5) "Local development organization" means a nonprofit organization which is organized to operate within an area, demonstrates a commitment to a long-standing effort for an economic development program, and makes a demonstrable effort to assist in the employment of unemployed or underemployed residents in an area.
     (6) "Project" means the establishment of a new or expanded business in an area which when completed will provide employment opportunities. "Project" also means the retention of an existing business in an area which when completed will provide employment opportunities.
     (7) "Rural county" means a county with a population density of fewer that one hundred persons per square mile as determined by the office of financial management.

Sec. 4   RCW 43.168.040 and 1987 c 461 s 3 are each amended to read as follows:
     Subject to the restrictions contained in this chapter, the ((committee)) director is authorized to approve applications of local governments for federal community development block grant funds which the local governments would use to make loans to finance business projects within their jurisdictions. Applications approved by the ((committee)) director under this chapter shall conform to applicable federal requirements.

Sec. 5   RCW 43.168.050 and 1993 c 512 s 12 are each amended to read as follows:
     (1) The ((committee)) director may only approve an application providing a loan for a project which the ((committee)) director finds:
     (a) Will result in the creation of employment opportunities, the maintenance of threatened employment, or development or expansion of business ownership by minorities and women;
     (b) ((Has been approved by the director as conforming)) Will conform to federal rules and regulations governing the spending of federal community development block grant funds;
     (c) Will be of public benefit and for a public purpose, and that the benefits, including increased or maintained employment, improved standard of living, the employment of disadvantaged workers, and development or expansion of business ownership by minorities and women, will primarily accrue to residents of the area;
     (d) Will probably be successful;
     (e) Would probably not be completed without the loan because other capital or financing at feasible terms is unavailable or the return on investment is inadequate.
     (2) The ((committee)) director shall, subject to federal block grant criteria, give higher priority to economic development projects that contain provisions for child care.
     (3) The ((committee)) director may not approve an application if it fails to provide for adequate reporting or disclosure of financial data to the ((committee)) director. The ((committee)) director may require an annual or other periodic audit of the project books.
     (4) The ((committee)) director may require that the project be managed in whole or in part by a local development organization and may prescribe a management fee to be paid to such organization by the recipient of the loan or grant.
     (5)(((a) Except as provided in (b) of this subsection, the committee shall not approve any application which would result in a loan or grant in excess of three hundred fifty thousand dollars.
     (b)
)) The ((committee)) director may approve an application which results in a loan or grant of up to ((seven hundred thousand)) one million dollars ((if the application has been approved by the director)).
     (6) The ((committee)) director shall fix the terms and rates pertaining to ((its)) fund loans.
     (7) Should there be more demand for loans than funds available for lending, the ((committee)) director shall provide loans for those projects which will lead to the greatest amount of employment or benefit to a community. In determining the "greatest amount of employment or benefit" the ((committee)) director shall also consider the employment which would be saved by its loan and the benefit relative to the community, not just the total number of new jobs or jobs saved.
     (8) To the extent permitted under federal law the ((committee)) director shall require applicants to provide for the transfer of all payments of principal and interest on loans to the ((Washington state development loan)) fund created under this chapter. Under circumstances where the federal law does not permit the ((committee)) director to require such transfer, the ((committee)) director shall give priority to applications where the applicants on their own volition make commitments to provide for the transfer.
     (9) The ((committee)) director shall not approve any application to finance or help finance a shopping mall.
     (10) For loans not made to minority and women-owned businesses, the ((committee)) director shall make at least eighty percent of the appropriated funds available to projects located in distressed areas, and may make up to twenty percent available to projects located in areas not designated as distressed. For loans not made to minority and women-owned businesses, the ((committee)) director shall not make funds available to projects located in areas not designated as distressed if the fund's net worth is less than seven million one hundred thousand dollars.
     (11) If an objection is raised to a project on the basis of unfair business competition, the ((committee)) director shall evaluate the potential impact of a project on similar businesses located in the local market area. A grant may be denied by the ((committee)) director if a project is not likely to result in a net increase in employment within a local market area.
     (12) For loans to minority and women-owned businesses who do not meet the credit criteria, the ((committee)) director may consider nontraditional credit standards to offset past discrimination that has precluded full participation of minority or women-owned businesses in the economy. For applicants with high potential who do not meet the credit criteria, the ((committee)) director shall consider developing alternative borrowing methods. For applicants denied loans due to credit problems, the ((committee)) department shall provide financial counseling within available resources and provide referrals to credit rehabilitation services. In circumstances of competing applications, priority shall be given to members of eligible groups which previously have been least served by this fund.

Sec. 6   RCW 43.168.060 and 1985 c 164 s 6 are each amended to read as follows:
     ((The department shall provide adequate and appropriate staff and other support to the committee. A record of committee proceedings shall be maintained by the department.)) The department is encouraged to work with local development organizations to promote applications for loans by the fund. The department shall also provide assistance to local development organizations and local governments to identify viable projects for consideration ((by the committee)). The department shall adopt such rules and regulations as are appropriate for ((the committee to carry out its authority under)) implementation of this chapter.

Sec. 7   RCW 43.168.070 and 1993 c 512 s 14 are each amended to read as follows:
     The ((committee)) director may receive and approve applications on a monthly basis but shall receive and approve applications on at least a quarterly basis for each fiscal year. The ((committee)) director shall make every effort to simplify the loan process for applicants. Department staff shall process and assist in the preparation of applications. Each application shall show in detail the nature of the project, the types and numbers of jobs to be created, wages to be paid to new employees, and methods to hire unemployed persons from the area. Each application shall contain a credit analysis of the business to receive the loan. ((The chairperson of the committee may convene the committee)) The director may respond on short notice ((to respond)) to applications of a serious or immediate nature.

Sec. 8   RCW 43.168.090 and 1985 c 164 s 9 are each amended to read as follows:
     The department shall ((make available for)) use ((by the committee)) for the fund an amount of federal community development block grant funds equal to the amount of state funds transferred or appropriated to the department for purposes of supplementing the department's block grant funds.

Sec. 9   RCW 43.168.100 and 1993 c 512 s 15 are each amended to read as follows:
     The ((committee)) director may make grants of state funds to local governments which qualify as "entitlement communities" under the federal law authorizing community development block grants. These grants may only be made on the condition that the entitlement community provide the ((committee)) director with assurances that it will: (1) Spend the grant moneys for purposes and in a manner which satisfies state constitutional requirements; (2) spend the grant moneys for purposes and in a manner which would satisfy federal requirements; and (3) spend at least the same amount of the grant for loans to businesses from the federal funds received by the entitlement community.

Sec. 10   RCW 43.168.130 and 1998 c 245 s 52 are each amended to read as follows:
     The ((committee)) director shall develop performance standards for judging the effectiveness of the program. Such standards shall include, to the extent possible, examining the effectiveness of grants in regard to:
     (1) Job creation for individuals of low and moderate income;
     (2) Retention of existing employment;
     (3) The creation of new employment opportunities;
     (4) The diversification of the economic base of local communities;
     (5) The establishment of employee cooperatives;
     (6) The provision of assistance in cases of employee buy-outs of firms to prevent the loss of existing employment;
     (7) The degree of risk assumed by the ((development loan)) fund, with emphasis on loans which did not receive financing from commercial lenders, but which are considered financially sound.

Sec. 11   RCW 43.168.150 and 1993 c 512 s 13 are each amended to read as follows:
     Subject to the restrictions contained in this chapter, the ((committee)) director is authorized to approve applications of minority and women-owned businesses for loans or loan guarantees from the fund. Applications approved by the ((committee)) director under this chapter shall conform to applicable federal requirements. The ((committee)) director shall prioritize available funds for loan guarantees rather than loans when possible. The ((committee)) director may enter into agreements with other public or private lending institutions to develop a joint loan guarantee program for minority and women-owned businesses. If such a program is developed, the ((committee)) director may provide funds, in conjunction with the other organizations, to operate the program. This section does not preclude the ((committee)) director from making individual loan guarantees.
     To the maximum extent practicable, the funds available under this section shall be made available on an equal basis to minority and women-owned businesses. The ((committee)) director shall submit to the appropriate committees of the senate and house of representatives quarterly reports that detail the number of loans approved and the characteristics of the recipients by ethnic and gender groups.

Sec. 12   RCW 43.330.050 and 1993 c 280 s 7 are each amended to read as follows:
     The department shall be responsible for promoting community and economic development within the state by assisting the state's communities to increase the quality of life of their citizens and their economic vitality, and by assisting the state's businesses to maintain and increase their economic competitiveness, while maintaining a healthy environment. Community and economic development efforts shall include: Efforts to increase economic opportunity; local planning to manage growth; the promotion and provision of affordable housing and housing-related services; providing public infrastructure; business and trade development; assisting firms and industrial sectors to increase their competitiveness; fostering the development of minority and women-owned businesses; facilitating technology development, transfer, and diffusion; community services and advocacy for low-income persons; and public safety efforts. The department shall have the following general functions and responsibilities:
     (1) Provide advisory assistance to the governor, other state agencies, and the legislature on community and economic development matters and issues;
     (2) Assist the governor in coordinating the activities of state agencies that have an impact on local government and communities;
     (3) Cooperate with the Washington state economic development commission, the legislature, and the governor in the development and implementation of strategic plans for the state's community and economic development efforts;
     (4) Solicit private and federal grants for economic and community development programs and administer such programs in conjunction with other programs assigned to the department by the governor or the legislature;
     (5) Cooperate with and provide technical and financial assistance to local governments, businesses, and community-based organizations serving the communities of the state for the purpose of aiding and encouraging orderly, productive, and coordinated development of the state, and, unless stipulated otherwise, give additional consideration to local communities and individuals with the greatest relative need and the fewest resources;
     (6) Participate with other states or subdivisions thereof in interstate programs and assist cities, counties, municipal corporations, governmental conferences or councils, and regional planning commissions to participate with other states and provinces or their subdivisions;
     (7) Hold public hearings and meetings to carry out the purposes of this chapter;
     (8) Conduct research and analysis in furtherance of the state's economic and community development efforts including maintenance of current information on market, demographic, and economic trends as they affect different industrial sectors, geographic regions, and communities with special economic and social problems in the state; and
     (9) Develop a schedule of fees for services where appropriate.

Sec. 13   RCW 43.330.060 and 1993 c 280 s 9 are each amended to read as follows:
     (1) The department shall (a) assist in expanding the state's role as an international center of trade, culture, and finance((. The department shall)); (b) promote and market the state's products and services both nationally and internationally; (c) work in close cooperation with other private and public international trade efforts ((and)); (d) act as a centralized location for the assimilation and distribution of trade information; and (e) establish and operate foreign offices promoting overseas trade and commerce.
     (2) The department shall identify and work with Washington businesses that can use local, state, and federal assistance to increase domestic and foreign exports of goods and services.
     (3) The department shall work generally with small businesses and other employers to facilitate resolution of siting, regulatory, expansion, and retention problems. This assistance shall include but not be limited to assisting in work force training and infrastructure needs, identifying and locating suitable business sites, and resolving problems with government licensing and regulatory requirements. The department shall identify gaps in needed services and develop steps to address them including private sector support and purchase of these services.
     (4) The department shall work to increase the availability of capital to small businesses by developing new and flexible investment tools ((and)); by assisting in targeting and improving the efficiency of existing investment mechanisms; and by assisting in the procurement of managerial and technical assistance necessary to attract potential investors.
     (5) The department shall assist women and minority-owned businesses in overcoming barriers to ((increased investment and employment and becoming full participants in Washington's traded sector economy)) entrepreneurial success. The department shall contract with public and private agencies, institutions, and organizations to conduct entrepreneurial training courses for minority and women-owned businesses. The instruction shall be intensive, practical training courses in financing, marketing, managing, accounting, and recordkeeping for a small business, with an emphasis on federal, state, local, or private programs available to assist small businesses. Instruction shall be offered in major population centers throughout the state at times and locations that are convenient for minority and women small business owners.

Sec. 14   RCW 43.330.090 and 2003 c 153 s 2 are each amended to read as follows:
     (1) The department shall work with private sector organizations, local governments, local associate development organizations, and higher education and training institutions to assist in the development of strategies to diversify the economy, facilitate technology transfer and diffusion, and increase value-added production by focusing on targeted sectors. The targeted sectors may include, but are not limited to, software, forest products, biotechnology, environmental industries, recycling markets and waste reduction, aerospace, food processing, tourism, film and video, microelectronics, new materials, robotics, and machine tools. The department shall, on a continuing basis, evaluate the potential return to the state from devoting additional resources to a targeted sector's approach to economic development and including additional sectors in its efforts. The department shall use information gathered in each service delivery region in formulating its sectoral strategies and in designating new targeted sectors.
     (2) The department shall pursue a coordinated program to expand the tourism industry throughout the state in cooperation with the public and private tourism development organizations. The department, in operating its tourism program, shall:
     (a) Promote Washington as a tourism destination to national and international markets to include nature-based and wildlife viewing tourism;
     (b) Provide information to businesses and local communities on tourism opportunities that could expand local revenues;
     (c) Assist local communities to strengthen their tourism partnerships, including their relationships with state and local agencies;
     (d) Provide leadership training and assistance to local communities to facilitate the development and implementation of local tourism plans;
     (e) Coordinate the development of a statewide tourism and marketing plan. The department's tourism planning efforts shall be carried out in conjunction with public and private tourism development organizations including the department of fish and wildlife and other appropriate agencies. The plan shall specifically address mechanisms for: (i) Funding national and international marketing and nature-based tourism efforts; (ii) interagency cooperation; and (iii) integrating the state plan with local tourism plans.
     (3) The department may, in carrying out its efforts to expand the tourism industry in the state:
     (a) Solicit and receive gifts, grants, funds, fees, and endowments, in trust or otherwise, from tribal, local or other governmental entities, as well as private sources, and may expend the same or any income therefrom for tourism purposes. All revenue received for tourism purposes shall be deposited into the tourism development and promotion account created in RCW 43.330.094;
     (b) Host conferences and strategic planning workshops relating to the promotion of nature-based and wildlife viewing tourism;
     (c) Conduct or contract for tourism-related studies;
     (d) Contract with individuals, businesses, or public entities to carry out its tourism-related activities under this section;
     (e) Provide tourism-related organizations with marketing and other technical assistance;
     (f) Evaluate and make recommendations on proposed tourism-related policies.
     (4)(a) The department shall promote, market, and encourage growth in the production of films and videos, as well as television commercials within the state; to this end the department is directed to assist in the location of a film and video production studio within the state.
     (b) The department may, in carrying out its efforts to encourage film and video production in the state, solicit and receive gifts, grants, funds, fees, and endowments, in trust or otherwise, from tribal, local, or other governmental entities, as well as private sources, and may expend the same or any income therefrom for the encouragement of film and video production. All revenue received for such purposes shall be deposited into the film and video promotion account created in RCW 43.330.092.
     (5) In assisting in the development of a targeted sector, the department's activities may include, but are not limited to:
     (a) Conducting focus group discussions, facilitating meetings, and conducting studies to identify members of the sector, appraise the current state of the sector, and identify issues of common concern within the sector;
     (b) Supporting the formation of industry associations, publications of association directories, and related efforts to create or expand the activities or industry associations;
     (c) Assisting in the formation of flexible networks by providing (i) agency employees or private sector consultants trained to act as flexible network brokers and (ii) funding for potential flexible network participants for the purpose of organizing or implementing a flexible network;
     (d) Helping establish research consortia;
     (e) Facilitating joint training and education programs;
     (f) Promoting cooperative market development activities;
     (g) Analyzing the need, feasibility, and cost of establishing product certification and testing facilities and services; and
     (h) Providing for methods of electronic communication and information dissemination among firms and groups of firms to facilitate network activity.

Sec. 15   RCW 43.330.092 and 1997 c 220 s 222 are each amended to read as follows:
     The film and video promotion account is created in the state treasury. All revenue received for film and video promotion purposes under RCW 43.330.090(4)(b) and all receipts from RCW 36.102.060(14) must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used by the department of community, trade, and economic development only for the purposes of promotion of the film and video production industry in the state of Washington.

Sec. 16   RCW 47.36.330 and 1999 c 213 s 2 are each amended to read as follows:
     (1) Not more than six business signs may be permitted on motorist information sign panels authorized by RCW 47.36.310 and 47.36.320.
     (2) The maximum distance that eligible service facilities may be located on either side of an interchange or intersection to qualify for a business sign are as follows:
     (a) On interstate highways, gas, food, or lodging activities shall be located within three miles. Camping or tourist-oriented activities shall be within five miles.
     (b) On noninterstate highways, gas, food, lodging, recreation, or tourist-oriented activities shall be located within five miles.
     (3)(a) If no eligible services are located within the distance limits prescribed in subsection (2) of this section, the distance limits shall be increased until an eligible service of a type being considered is reached, up to a maximum of fifteen miles.
     (b) The department may erect and maintain signs on an alternate route that is longer than fifteen miles if it is safer and still provides reasonable and convenient travel to an eligible service.
     (c) The department may erect and maintain signs on a route up to a maximum of twenty miles if it qualifies as an eligible service and is within a distressed area ((under the criteria of chapter 43.165 RCW)) as defined in RCW 43.168.020.

Sec. 17   RCW 43.31.522 and 1993 c 280 s 46 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.31.524 ((and 43.31.526)):
     (1) "Department" means the department of community, trade, and economic development.
     (2) (("Center" means the business assistance center established under RCW 43.31.083.
     (3)
)) "Director" means the director of community, trade, and economic development.
     (((4))) (3) "Local nonprofit organization" means a local nonprofit organization organized to provide economic development or community development services, including but not limited to associate development organizations, economic development councils, and community development corporations.

NEW SECTION.  Sec. 18   The following acts or parts of acts are each repealed:
     (1) RCW 43.31.057 (Washington products -- Expansion of market -- Pamphlet) and 1993 c 280 s 39 & 1986 c 183 s 2;
     (2) RCW 43.31.093 (Minority and women-owned small businesses -- Entrepreneurial training courses) and 1995 c 399 s 71 & 1993 c 512 s 6;
     (3) RCW 43.31.145 (Foreign offices -- Promotion of overseas trade and commerce) and 1991 c 24 s 7 & 1985 c 466 s 18;
     (4) RCW 43.31.390 (Information from environmental profile -- Use in brochures and presentations -- Availability to local economic development groups) and 1985 c 466 s 33 & 1984 c 94 s 4;
     (5) RCW 43.31.403 (Investment opportunities office -- Finding and purpose) and 1989 c 312 s 1;
     (6) RCW 43.31.406 (Investment opportunities office -- Definitions) and 1989 c 312 s 2;
     (7) RCW 43.31.409 (Investment opportunities office -- Created) and 1993 c 280 s 42 & 1989 c 312 s 3;
     (8) RCW 43.31.411 (Investment opportunities office -- Duties) and 1998 c 245 s 61, 1993 c 280 s 43, & 1989 c 312 s 4;
     (9) RCW 43.31.414 (Investment opportunities office -- Service fees) and 1989 c 312 s 5;
     (10) RCW 43.31.417 (Investment opportunities office -- Contracting authority) and 1989 c 312 s 6;
     (11) RCW 43.31.526 (Marketplace program -- Contracts to foster linkages -- Department duties) and 1998 c 245 s 62, 1994 c 47 s 2, 1993 c 280 s 48, 1990 c 57 s 4, & 1989 c 417 s 4;
     (12) RCW 43.63A.240 (Senior environmental corps -- Finding) and 1992 c 63 s 1;
     (13) RCW 43.63A.245 (Senior environmental corps -- Definitions) and 1999 c 151 s 1201, 1993 c 280 s 64, & 1992 c 63 s 2;
     (14) RCW 43.63A.247 (Senior environmental corps -- Created) and 1994 c 264 s 25, 1993 c 280 s 65, & 1992 c 63 s 3;
     (15) RCW 43.63A.249 (Senior environmental corps -- Goals) and 1992 c 63 s 4;
     (16) RCW 43.63A.265 (Senior environmental corps -- Department duties -- Volunteers may not displace currently employed workers) and 1992 c 63 s 6;
     (17) RCW 43.63A.270 (Senior environmental corps -- Volunteer activity to be governed by agreement) and 1992 c 63 s 7;
     (18) RCW 43.63A.715 (Rural enterprise zones--Establishment--Applications--Authority of zones) and 1997 c 366 s 9;
     (19) RCW 43.160.115 (Cooperation with Washington state development loan fund committee required -- Transfer of funds) and 1995 c 399 s 87, 1987 c 422 s 7, 1987 c 195 s 12, & 1985 c 164 s 14;
     (20) RCW 43.160.180 (Private activity bond subcommittee) and 1995 c 399 s 88, 1987 c 422 s 9, & 1985 c 446 s 15;
     (21) RCW 43.165.010 (Definitions) and 1996 c 290 s 2, 1995 c 399 s 91, 1987 c 461 s 1, & 1985 c 229 s 1;
     (22) RCW 43.168.031 (State development loan fund committee -- Terminated June 30, 1994 -- Powers and duties transferred) and 1995 c 399 s 92 & 1988 c 186 s 7;
     (23) RCW 43.170.010 (Legislative findings) and 1982 c 44 s 1;
     (24) RCW 43.170.020 (Definitions) and 1995 c 399 s 93, 1985 c 466 s 60, & 1982 c 44 s 2;
     (25) RCW 43.170.030 (Small business innovators' opportunity program -- Pilot project established -- Composition and structure -- User fee) and 1995 c 399 s 94, 1985 c 466 s 61, & 1982 c 44 s 3;
     (26) RCW 43.170.040 (Chairman of program) and 1982 c 44 s 4;
     (27) RCW 43.170.060 (Eligibility) and 1982 c 44 s 6;
     (28) RCW 43.170.070 (Referral to investment opportunities office) and 1995 c 399 s 95 & 1989 c 312 s 9;
     (29) RCW 43.172.005 (Intent) and 1993 c 512 s 1;
     (30) RCW 43.172.010 (Definitions) and 1993 c 512 s 2;
     (31) RCW 43.172.011 (Definitions -- Bonding program) and 1995 c 399 s 96 & 1993 c 512 s 16;
     (32) RCW 43.172.020 (Small business bonding assistance program -- Implementation -- Rules) and 1995 c 399 s 97 & 1993 c 512 s 17;
     (33) RCW 43.172.030 (Assistance from other agencies) and 1993 c 512 s 18;
     (34) RCW 43.172.040 (Entrepreneurial training course) and 1993 c 512 s 19;
     (35) RCW 43.172.050 (Entrepreneurial accreditation of small contracting businesses) and 1993 c 512 s 20;
     (36) RCW 43.172.060 (Professional services assistance -- One-time grants) and 1993 c 512 s 21;
     (37) RCW 43.172.070 (Grant administration) and 1993 c 512 s 22;
     (38) RCW 43.172.080 (Bond guarantees -- Generally) and 1993 c 512 s 23;
     (39) RCW 43.172.090 (Bond guarantees -- Approval process) and 1993 c 512 s 24;
     (40) RCW 43.172.100 (Small business bonding assistance program fund -- Expenditures) and 1993 c 512 s 25;
     (41) RCW 43.172.110 (Small business bonding assistance program fund -- Support) and 1993 c 512 s 26;
     (42) RCW 43.172.120 (Gifts, grants, endowments) and 1993 c 512 s 27;
     (43) RCW 43.172.900 (Short title -- 1993 c 512) and 1993 c 512 s 38;
     (44) RCW 43.172.901 (Part headings and section captions -- 1993 c 512) and 1993 c 512 s 40;
     (45) RCW 43.172.902 (Severability -- 1993 c 512) and 1993 c 512 s 41;
     (46) RCW 43.172.903 (Effective date -- 1993 c 512) and 1993 c 512 s 42;
     (47) RCW 43.330.180 (Grant program for business recruitment efforts) and 1999 c 108 s 2;
     (48) RCW 43.21A.670 (Senior environmental corps -- Department powers and duties) and 1992 c 63 s 9;
     (49) RCW 43.23.240 (Senior environmental corps -- Department powers and duties) and 1992 c 63 s 8;
     (50) RCW 43.30.470 (Senior environmental corps) and 2003 c 334 s 124 & 1992 c 63 s 10;
     (51) RCW 43.70.450 (Senior environmental corps -- Department powers and duties) and 1992 c 63 s 12;
     (52) RCW 77.12.750 (Senior environmental corps -- Department powers and duties) and 1993 sp.s. c 2 s 72 & 1992 c 63 s 13;
     (53) RCW 79A.05.350 (Senior environmental corps -- Commission powers and duties) and 1992 c 63 s 14; and
     (54) RCW 90.71.090 (Senior environmental corps -- Authority powers and duties) and 1992 c 63 s 15.

NEW SECTION.  Sec. 19   This act does not affect any existing right acquired or liability or obligation incurred under the sections amended or repealed in this act or under any rule or order adopted under those sections, nor does it affect any proceeding instituted under those sections.

NEW SECTION.  Sec. 20   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2005.


         Passed by the Senate March 9, 2005.
         Passed by the House April 6, 2005.
         Approved by the Governor April 22, 2005.
         Filed in Office of Secretary of State April 22, 2005.