| $1,144,000 | Prior Biennia (Expenditures) | . . . . | $14,000 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($5,000,000)) |
Sec. 7002. 2021 c 332 s 1041 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
2020 Local and Community Projects (40000116)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section ((1011, chapter 356, Laws of 2020))6007, chapter 332, Laws of 2021, except funding may not be directed to the Arivva Community Center.
Reappropriation:State Building Construction Account—State | . . . . | (($94,196,000)) |
Prior Biennia (Expenditures) | . . . . | $73,011,000 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($167,207,000)) |
Sec. 7003. 2022 c 296 s 1021 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
2021-23 Rapid Capital Housing Acquisition (40000222)
The appropriations in this section are subject to the following conditions and limitations:
(1) Except as provided in subsections (7) through (8) of this section, the appropriations in this section are provided solely for the department to issue competitive financial assistance to eligible organizations under RCW
43.185A.040 to acquire or rent real property for a rapid conversion into enhanced emergency shelters, permanent supportive housing, transitional housing, permanent housing, youth housing, drop-in center, or shelter for extremely low-income people, as well as individuals, families, unaccompanied youth, and young people experiencing sheltered and unsheltered homelessness. Amounts provided in this section may be also used for renovation and building update costs associated with establishment of the acquired or rented facilities. For youth housing, drop-in centers, and shelter projects, renovation of existing properties is an allowable activity. The department may only approve funding for projects resulting in increased shelter or housing capacity. Amounts provided in this section may not be used for operating or maintenance costs associated with providing housing, supportive services, or debt service.
(2) Funds may also be used for permanent financing for real estate acquired using other short term acquisition sources. To expand availability of permanent housing, financing of acquisition of unoccupied multifamily housing is a priority. Funds must also be provided specifically for the city of Seattle to move people experiencing unsheltered homelessness into safe spaces, including, but not limited to, tiny homes, hotels, enhanced emergency shelters, or other rapid housing alternatives.
(3) While emphasizing the rapid deployment of the amounts appropriated under this section to alleviate the immediate crisis of homelessness throughout the state, the department shall establish criteria for the issuance of the grants, during which time the property must be used for the express purpose of the grant. If the grantee is found to be out of compliance with provisions of the contract, the grantee shall repay to the state general fund the principal amount of the grant plus interest calculated at the rate of interest on state of Washington general obligation bonds issued on the date most close in time to the date of authorization of the grant. The criteria must include:
(a) The date upon which structural modifications or construction would begin and the anticipated date of completion of the project;
(b) A detailed estimate of the costs associated with the acquisition and any updates or improvements necessary to make the property habitable for its intended use;
(c) A detailed estimate of the costs associated with opening the beds or units; and
(d) A financial plan demonstrating the ability to maintain and operate the property and support its intended tenants throughout the end of the grant contract.
(4) The department must provide a progress report on its website by December 1, 2022. The report must include:
(a) The total number of applications and amount of funding requested; and
(b) A list and description of the projects approved for funding including state funding, total project cost, services anticipated to be provided, housing units, and anticipated completion date.
(5) The funding provided under this section is not subject to the 90-day application periods in RCW
43.185.070 or
43.185A.050. The department of commerce shall dispense funds to the city of Seattle and other qualifying applicants within 45 days of receipt of documentation from the applicant for qualifying uses and execution of any necessary contracts with the department in order to effect the purpose of rapid deployment of funds under this section.
(6) If the department receives simultaneous applications for funding under this program, proposals that reach the greatest public benefit, as defined by the department, must be prioritized. For purposes of this subsection (6), "greatest public benefit" must include, but is not limited to:
(a) The greatest number of accommodations or increased shelter capacity that will benefit extremely low-income people, as well as individuals, families, and youth experiencing homelessness.
(b) Whether the project has federally funded rental assistance tied to it;
(c) The scarcity of the affordable housing or shelter capacity applied for compared to the number of available affordable housing units or shelter capacity in the same geographic location; and
(d) The program's established funding priorities under RCW
43.185.070(5).
(7) (($17,500,000))$18,400,000 of the state building construction account—state appropriation is provided solely for the following list of projects:
$5,000,000 for the Tacoma Housing Authority affordable housing acquisition;
$4,000,000 for the Keiro nursing home acquisition in Seattle;
(($1,500,000))$2,400,000 for the Parkland((/Spanaway homeless))Next Chapter shelter;
$2,000,000 for the Illahee Affordable Housing project in Bellevue; and
$5,000,000 for the City of Seattle for the acquisition of the Clay Apartments in partnership with a low-income housing provider.
(8)(a) (($6,565,000 of the coronavirus state fiscal recovery account—federal appropriation and $1,338,000))$7,903,000 of the state building construction account—state appropriation ((are))is provided solely for the following list of youth housing projects identified by the office of homeless youth protection and prevention programs:
FYRE's Village: Housing Stability for Young Adults
(Omak). . . .$3,350,000
NWYS Young Adult Shelter Services (Bellingham). . . .$438,000
OlyCap Pfeiffer House (Port Townsend). . . .$127,000
Ryan's House for Youth Campus (Coupeville). . . .$1,015,000
Shelton Young Adult Transitional Housing (Shelton). . . .$773,000
Volunteers of America Crosswalk 2.0 (Spokane). . . .$2,200,000
(b) If funding provided in (a) of this subsection needs to be reallocated, the department shall consult with the office of homeless youth prevention and protection programs to identify other eligible youth housing projects.
(9) The department must ensure compliance with conditions of the federal coronavirus state fiscal recovery fund. All expenditures from the coronavirus state fiscal recovery account—federal appropriation in this section must be obligated by December 31, 2024.
Appropriation:State Building Construction Account—State | . . . . | (($90,138,000)) |
Coronavirus State Fiscal Recovery Fund—Federal | . . . . | (($29,097,000)) |
Subtotal Appropriation | . . . . | (($119,235,000)) |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($119,235,000)) |
Sec. 7004. 2021 c 332 s 1073 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
2021-23 Rural Rehabilitation Loan Program (40000223)
Appropriation:State Taxable Building Construction Account— State | . . . . | (($5,000,000)) |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($5,000,000)) |
Sec. 7005. 2022 c 296 s 1018 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
2021-23 Clean Energy V - Investing in Washington's Clean Energy (40000148)
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriations in this section are provided solely for projects that provide a benefit to the public through development, demonstration, and deployment of clean energy technologies that save energy and reduce energy costs, reduce harmful air emissions, or increase energy independence for the state. Priority must be given to projects that benefit vulnerable populations and overburdened communities, including tribes and communities with high environmental or energy burdens.
(2) The 2021 state energy strategy must guide the department in the design of programs under this section, using an equity and environmental justice lens for program structure and participation. To the extent practicable, the department must prioritize projects that build upon Washington's existing strengths in communities, aerospace, maritime, information and communications technology (particularly data center infrastructure, artificial intelligence and machine learning), grid modernization, advanced materials, and decarbonizing the built environment.
(3) Subject to the availability of funds, the department must reconvene an advisory committee to support involvement of a broad range of stakeholders in the design and implementation of programs implemented under this section to encourage collaboration, leverage partners, and engage communities and organizations in improving the equitable distribution of benefits from the program.
(4) In soliciting and evaluating proposals, awarding contracts, and monitoring projects under this section, the department must:
(a) Ensure that competitive processes, rather than sole source contracting processes, are used to select all projects, except as otherwise noted in this section; and
(b) Conduct due diligence activities associated with the use of public funds including, but not limited to, oversight of the project selection process, project monitoring, and ensuring that all applications and contracts fully comply with all applicable laws including disclosure and conflict of interest statutes.
(5) During project solicitation periods for grants funded with this appropriation, the department must maintain a list of applicants by grant program that scored competitively but did not receive a grant award due to lack of available funding. These applicants must be considered for funding during future grant award cycles. If the department submits a 2022 supplemental budget request for this program, the request must include a list of prioritized projects by grant type.
(6)(a) Pursuant to chapter
42.52 RCW, the ethics in public service act, the department must require a project applicant to identify in application materials any state of Washington employees or former state employees employed by the firm or on the firm's governing board during the past 24 months. Application materials must identify the individual by name, the agency previously or currently employing the individual, job title or position held, and separation date. If it is determined by the department that a conflict of interest exists, the applicant may be disqualified from further consideration for award of funding.
(b) If the department finds, after due notice and examination, that there is a violation of chapter
42.52 RCW, or any similar statute involving a grantee who received funding under this section, either in procuring or performing under the grant, the department in its sole discretion may terminate the funding grant by written notice. If the grant is terminated, the department must reserve its right to pursue all available remedies under law to address the violation.
(7) The requirements in subsections (4) and (6) of this section must be specified in funding agreements issued by the department.
(8) $17,594,000 of the state building construction account—state appropriation is provided solely for grid modernization grants.
(a)(i) $11,000,000 is provided solely for projects that: Advance community resilience, clean and renewable energy technologies and transmission and distribution control systems; support integration of renewable energy sources, deployment of distributed energy resources and sustainable microgrids; and support state decarbonization goals pursuant to the clean energy transformation act, including requirements placed upon retail electric utilities.
(ii) Projects must be implemented by community organizations, local governments, federally recognized tribal governments, or by public and private electrical utilities that serve retail customers in the state (retail electric utilities). Projects submitted by applicants other than retail electric utilities must demonstrate partnership with their load serving entity to apply. Priority must be given to:
(A) Projects that benefit vulnerable populations, including tribes and communities with high environmental or energy burden; and
(B) Projects that demonstrate partnerships between eligible applicants in applying for funding, including utilities, public and private sector research organizations, businesses, tribes, and nonprofit organizations.
(iii) The department shall develop a grant application process to competitively select projects for grant awards, to include scoring conducted by a group of qualified experts with application of criteria specified by the department. In development of the application criteria, the department shall, to the extent possible, develop program guidelines that encourage smaller utilities or consortia of small utilities to apply for funding. Where suitable, this may include funding for projects consisting solely of planning, predesign and/or predevelopment activities.
(iv) Applications for grants must disclose all sources of public funds invested in a project.
(b) $3,550,000 of the appropriation in this section is provided solely for a grant to the Public Utility District No. 1 of Lewis county for land acquisition and construction of the Winlock Industrial Park and South County Substation and Transmission facility, located on North Military Road in Winlock.
(c) $3,044,000 of the appropriation in this section is provided solely for a grant to the Klickitat County Public Hospital District #1 for the Electrical Upgrade and Smart Grid project at the Klickitat Valley Health Hospital in Goldendale.
(9) $10,830,000 of the state building construction account—state appropriation is provided solely for grants for strategic research and development for new and emerging clean energy technologies. These grants must be used to match federal or other nonstate funds to research, develop, and demonstrate clean energy technologies, focusing on areas that help develop technologies to meet the state's climate goals, offer opportunities for economic and job growth, and strengthen technology supply chains. The program may include, but is not limited to: Solar technologies, advanced bioenergy and biofuels, development of new earth abundant materials or lightweight materials, advanced energy storage, recycling energy system components, and new renewable energy and energy efficiency technologies.
(a) $5,000,000 of the appropriation in this section is provided solely for competitive grants.
(b) $4,800,000 of the appropriation in this section is provided solely for a grant to the Pacific Northwest National Laboratory for a renewable energy platform to support ocean energy research and development testbeds for the Marine and Coastal Research Laboratory in Sequim.
(c) $1,030,000 of the appropriation in this section is provided solely for a grant to the Chelan County Public Utility District for the hydroelectric turbine hub project at Rocky Reach dam near Wenatchee.
(10)(a) $2,500,000 of the state taxable building construction account—state appropriation is provided solely as grants to nonprofit lenders to create a revolving loan fund to support the widespread use of proven energy efficiency and renewable energy technologies by households, or for the benefit of households, with high energy burden or environmental health risk now inhibited by lack of access to capital.
(b) The department shall provide grant funds to one or more competitively selected nonprofit lenders that must provide matching private capital and administer the loan fund. The department shall select the loan fund administrator or administrators through a competitive process, with scoring conducted by a group of qualified experts, applying criteria specified by the department.
(c) The department must establish guidelines that specify applicant eligibility, the screening process, and evaluation and selection criteria. The guidelines must be used by the nonprofit lenders.
(11) $5,550,000 of the state building construction account—state appropriation is provided solely for grants to demonstrate innovative approaches to electrification of transportation systems.
(a)(i) $3,000,000 of the appropriation is provided solely for competitive grants, prioritizing projects that:
(A) Demonstrate meaningful and enduring benefits to communities and populations disproportionately burdened by air pollution, climate change, or lack of transportation investments;
(B) Beneficially integrate load using behavioral, software, hardware, or other demand-side management technologies, such as demand response, time-of-use rates, or behavioral programming;
(C) Accelerate the transportation electrification market in Washington using market transformation principles; or
(D) Develop electric vehicle charging and hydrogen fueling infrastructure along highways, freeways, and other heavily trafficked corridors across the state to support long-distance travel.
(ii) Projects must be implemented by local governments, federally recognized tribal governments, by public and private electrical utilities that serve retail customers in the state, or state agencies. Eligible parties may partner with other public and private sector research organizations and businesses in applying for funding. The department shall consult and coordinate with the Washington state department of transportation on project selection and implementation. The department shall also coordinate with other state agencies that have other electrification programs, in order to determine to optimally accomplish each agency's respective policy and program goals.
(iii) Projects must be related to on-road end-uses and nonmaritime off-road uses.
(iv) Eligible technologies for these projects include, but are not limited to:
(A) Battery electric vehicle supply equipment;
(B) On-site generation or storage, where the technology directly supplies electricity to the electric vehicle supply equipment;
(C) Electric grid distribution system infrastructure upgrades, where the upgrade is needed as a result of the installed electric vehicle supply equipment;
(D) Hydrogen refueling station infrastructure that:
(I) Dispenses renewable hydrogen or hydrogen produced in Washington with electrolysis; and
(II) Aligns with the 2021 state energy strategy's recommended uses of hydrogen in the transportation sector.
(v) $2,000,000 of the state building construction account—state appropriation is provided solely for federally recognized tribal governments and for local governments in rural communities, for projects aligning with the above objectives and addressing electric vehicle supply infrastructure gaps in rural communities.
(b) $2,550,000 of the appropriation in this section is provided solely for a grant to the Lewis Public Transportation Benefit Area to construct a hydrogen fueling station that dispenses renewable hydrogen or hydrogen produced in Washington with electrolysis for electric vehicles at Exit 74 on Interstate 5, near Chehalis.
(12)(a) $10,000,000 of the state building construction account—state appropriation is provided solely for the purpose of building electrification projects that advance the goals of the 2021 state energy strategy to demonstrate grid-enabled, high-efficiency, all electric buildings.
(b) The program may include, but is not limited to: Shifting from fossil fuels to high-efficiency electric heat pumps and other electric equipment, control systems that enable grid integration or demand control, and on-site renewable generation and efficiency measures that significantly reduce building energy loads.
(c) Preference must be given to projects based on total greenhouse gas emissions reductions, accelerating the path to zero-energy, or that demonstrate early adoption of grid integration technology.
(d) Program funding may be administered to entities also receiving incentives provided according to RCW
19.27A.220 for buildings covered by the state energy performance standard, RCW
19.27A.210.
(e) $5,000,000 of the appropriation in this section is provided solely for the purpose of supporting the transition of residential and commercial buildings away from fossil fuels through the installation of high-efficiency electric heat pumps and other electric equipment.
(13) $4,924,000 of the state building construction account—state appropriation is provided solely for maritime electrification grants.
(a) $4,450,000 of the appropriation in this section is provided solely for a grant to the Northwest Seaport Alliance to upgrade the reefer plug capacity at the Port of Seattle's Terminal 5, located in west Seattle.
(b) $474,000 of the appropriation in this section is provided solely for a grant to the Skagit County Public Works Department for electric ferry charging infrastructure in Anacortes.
(14) $4,900,000 of the state building construction account—state appropriation is provided solely for the department to develop targeted rural clean energy innovation projects as provided in this subsection (14).
(a) $150,000 of the appropriation is provided solely for the department to develop targeted rural clean energy strategies informed by rural community and business engagement, outreach, and research. The department must convene a rural energy work group to identify investments, programs, and policy changes that align with the 2021 state energy strategy and increase access to clean energy opportunities in rural communities and agricultural and forestry management practices. The group must identify existing federal funding opportunities and strategies to leverage these funds with state capital investment. By June 30, 2022, the department shall report recommendations and findings from the rural energy work group to the office of financial management, the governor, and the appropriate legislative committees and present a strategic plan for state rural clean energy investment.
(b) $4,750,000 of the appropriation is provided solely for rural clean energy innovation grants.
(i) The department must award at least 40 percent of the funding to projects that enhance the viability of dairy digester bioenergy projects through advanced resource recovery systems that produce renewable natural gas and value-added biofertilizers, reduce greenhouse gas emissions, and improve soil health and air and water quality.
(ii) Grants may also be awarded to other clean energy innovation projects in rural communities, including, but not limited to, projects that enhance energy efficiency, demand response, energy storage, renewable energy, beneficial electrification, resilience, organic waste management, and biological carbon sequestration.
(iii) Grants may fund project predevelopment, research, and development, pilot projects, strategic implementation, field trials, and data dashboards and tools to inform rural project development.
(c) The department is encouraged to make 20 percent of the funds under (b) of this subsection (14) to tribal governments, designated subdivisions, and agencies.
(d) If a grant is awarded to purchase heating devices or systems, the agency must, whenever possible and most cost effective, select devices and systems that do not use fossil fuels.
(((15) $10,072,000 of the state building construction account—state appropriation is provided solely for the first phase of an aluminum smelter restart project which, when fully deployed, will reduce emissions of greenhouse gases by a minimum of 750,000 tons per year, increase energy efficiency, and protect or create aluminum manufacturing jobs located in Whatcom county. It is the intent of the legislature that if the appropriation in this subsection is not spent by June 30, 2025, the funding provided in this subsection shall not be reappropriated.
(16) $10,000,000 of the state building construction account—state appropriation is provided solely for the Grant county public utility district for expenses related to public infrastructure development benefiting a large-scale solar manufacturing facility in central Washington. If the department has not received a signed agreement between the Grant county public utility district and the large-scale solar manufacturer indicating the manufacturer's intent to develop the site in central Washington by December 31, 2025, the funding provided in this subsection shall not be reappropriated.))
Appropriation:State Building Construction Account—State | . . . . | (($73,870,000)) |
State Taxable Building Construction Account— State | . . . . | $2,500,000 |
Subtotal Appropriation | . . . . | (($76,370,000)) |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $100,000,000 |
TOTAL | . . . . | (($176,370,000)) |
Sec. 7006. 2022 c 296 s 1020 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
2021-23 Housing Trust Fund Investment in Affordable Housing (40000153)
The appropriations in this section are subject to the following conditions and limitations:
(1) $58,347,000 of the state taxable building construction account—state appropriation, $73,606,000 of the coronavirus state fiscal recovery fund—federal appropriation, $20,000,000 of the state building construction account—state appropriation, and $96,028,000 of the capital community assistance account—state appropriation are provided solely for production and preservation of affordable housing projects that serve and benefit low-income and special needs populations including, but not limited to, people with chronic mental illness, people with developmental disabilities, farmworkers, people who are homeless, and people in need of permanent supportive housing. The department shall strive to allocate at least 30 percent of these funds to projects located in rural areas of the state, as defined by the department.
(a) In addition to the definition of "first-time home buyer" in RCW
43.185A.010, for the purposes of awarding homeownership projects during the 2021-2023 fiscal biennium "first-time home buyer" also includes:
(i) A single parent who has only owned a home with a former spouse while married;
(ii) An individual who is a displaced homemaker as defined in 24 C.F.R. Sec. 93.2 as it existed on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section, and who has only owned a home with a spouse;
(iii) An individual who has only owned a principal residence not permanently affixed to a permanent foundation in accordance with applicable regulations; or
(iv) An individual who has only owned a property that is discerned by a licensed building inspector as being uninhabitable.
(b) $5,000,000 of the appropriation provided in this subsection (1) is provided solely for housing that serves people with developmental disabilities;
(c)(i) $20,000,000 of the appropriation in this subsection (1) is provided solely for housing preservation grants or loans to be awarded competitively.
(ii) The funds may be provided for major building improvements, preservation, and system replacements, necessary for the existing housing trust fund portfolio to maintain long-term viability. The department must require a capital needs assessment be provided prior to contract execution. Funds may not be used to add or expand the capacity of the property.
(iii) To allocate preservation funds, the department must review applications and evaluate projects based on the following criteria:
(A) The age of the property, with priority given to buildings that are more than 15 years old;
(B) The population served, with priority given to projects with at least 50 percent of the housing units being occupied by families and individuals at or below 50 percent area median income;
(C) The degree to which the applicant demonstrates that the improvements will result in a reduction of operating or utilities costs, or both;
(D) The potential for additional years added to the affordability period of the property; and
(E) Other criteria that the department considers necessary to achieve the purpose of this program.
(d) $25,000,000 of the capital community assistance account—state appropriation in subsection (1) of this section is provided to nonprofit agencies for the development of homeownership projects affordable to low-income households throughout the state.
(2) $10,000,000 of the state building construction account—state appropriation is provided solely for grant awards for the development of community housing and cottage communities to shelter individuals or households experiencing homelessness.
(a) $8,775,000 of the state building construction account—state appropriation is provided solely for competitive grant awards. This funding must be awarded to projects that develop a minimum of four individual structures in the same location. Individual structures must contain insulation, electricity, overhead lights, and heating. Kitchens and bathrooms may be contained within the individual structures or offered as a separate facility that is shared with the community. When evaluating applications for this grant program, the department must prioritize projects that demonstrate:
(i) The availability of land to locate the community;
(ii) A strong readiness to proceed to construction;
(iii) A longer term of commitment to maintain the community;
(iv) A commitment by the applicant to provide, directly or through a formal partnership, case management and employment support services to the tenants;
(v) Access to employment centers, health care providers, and other services; and
(vi) A community engagement strategy.
(b) $1,225,000 of the state building construction account—state appropriation is provided solely for Eagle Haven Cottage Village located in Bellingham.
(3)(a) $11,500,000 of the state taxable building construction account—state appropriation is provided solely for the following list of projects:
Bellwether Affordable Housing (Seattle). . . .$4,000,000
Didgwalic Transitional Housing (Anacortes). . . .$4,500,000
Redondo Heights TOD (Federal Way). . . .$3,000,000
(b) $3,497,000 of the state building construction account—state appropriation is provided solely for the following list of projects:
Habitat for Humanity (North Bend). . . .$250,000
Manette Affordable Housing Project (Bremerton). . . .$515,000
OlyCAP Port Townsend Affordable Housing and Child
(Port Townsend). . . .$412,000
Shelton Young Adult Transitional Housing (Shelton). . . .$515,000
Willapa Center (Raymond). . . .$1,805,000
(4) (($14,922,000))$14,613,000 of the capital community assistance account—state appropriation in subsection (1) of this section is provided for the following list of projects:
Boat Street (Lakewood). . . .$464,000
Heron Park (Langley). . . .$875,000
Highland Village (Airway Heights). . . .$3,000,000
Mary's Place Burien Project Shelter Replacement
(Burien). . . .$3,000,000
Oxford Housing Program (Lacey). . . .$515,000
Skyway Affordable Housing and Early Learning (Skyway). . . .$500,000
((Sno Valley Senior Housing (Carnation). . . .$309,000))
South Park Riverside Affordable Housing Preservation
(Seattle). . . .$309,000
Squire Park Plaza Affordable Housing Preservation
(Seattle). . . .$3,000,000
Veteran Housing & Resource Ctr (Raymond). . . .$2,300,000
Yakima Valley Partners Habitat for Humanity (Yakima). . . .$650,000
(5) In evaluating projects in this section, the department must give preference for applications based on some or all of the criteria in RCW
43.185.070(5). (6) The appropriations in this section are subject to the following reporting requirements:
(a) By June 30, 2023, the department must report on its website the following for every previous funding cycle: The number of homeownership and multifamily rental projects funded by housing trust fund moneys; the percentage of housing trust fund investments made to homeownership and multifamily rental projects; and the total number of households being served at up to 80 percent of the area median income, up to 50 percent of the area median income, and up to 30 percent of the area median income, for both homeownership and multifamily rental projects.
(b) Beginning December 1, 2021, and continuing annually, the department must provide the legislature with a report of its final cost data for each project under this section. Such cost data must, at a minimum, include total development cost per unit for each project completed within the past year, descriptive statistics such as average and median per unit costs, regional cost variation, and other costs that the department deems necessary to improve cost controls and enhance understanding of development costs. The department must coordinate with the housing finance commission to identify relevant development costs data and ensure that the measures are consistent across relevant agencies. (7) $100,000 of the state building construction account—state appropriation is provided solely for the department of social and health services to complete a study of the community-based housing needs of adults with intellectual and developmental disabilities. The department of social and health services shall collaborate with appropriate stakeholders and the department in completing this study and the study shall:
(a) Estimate the number of adults with intellectual and developmental disabilities who are facing housing insecurity;
(b) Make recommendations for how to improve housing stability for adults with intellectual and developmental disabilities who are facing housing insecurity;
(c) Make recommendations for how to increase the capacity of developers to support increasing the supply of housing that meets the needs of the intellectual and developmental disabilities population; and
(d) Be submitted to the appropriate committees of the legislature no later than December 1, 2022. (8) The legislature finds that there are insufficient data sources to identify adults with intellectual and developmental disabilities facing housing insecurity in Washington state and that the absence of reliable data limits the ability for the legislature to make informed decisions that will improve the outcomes of these individuals. The legislature further finds that reliable, current information about the unmet housing needs of this population will position Washington state to leverage community-based partnerships and funding to establish greater housing choice and increased community integration of individuals with intellectual and developmental disabilities.
Appropriation:State Building Construction Account—State | . . . . | $33,597,000 |
State Taxable Building Construction Account— State | . . . . | $69,847,000 |
Coronavirus State Fiscal Recovery Fund—Federal | . . . . | $73,606,000 |
Capital Community Assistance Account—State | . . . . | (($110,950,000)) |
Subtotal Appropriation | . . . . | (($288,000,000)) |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $620,000,000 |
TOTAL | . . . . | (($908,000,000)) |
Sec. 7007. 2022 c 296 s 1026 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
2023 Local and Community Projects (40000266)
The appropriations in this section ((is))are subject to the following conditions and limitations:
(1) The department may not expend the appropriations provided in this section unless and until the nonstate share of project costs have been either expended or firmly committed, or both, in an amount sufficient to complete the project or a distinct phase of the project that is useable to the public for the purpose intended by the legislature. This requirement does not apply to projects where a share of the appropriation is for design costs only.
(2) Prior to receiving funds, project recipients must demonstrate that the project site is under control for a minimum of 10 years, either through ownership or a long-term lease. This requirement does not apply to appropriations for preconstruction activities or appropriations in which the sole purpose is to purchase real property that does not include a construction or renovation component.
(3) Projects funded in this section may be required to comply with Washington's high-performance building standards as required by chapter
39.35D RCW.
(4) Project funds are available on a reimbursement basis only and may not be advanced under any circumstances.
(5) In contracts for grants authorized under this section, the department must include provisions that require that capital improvements be held by the grantee for a specified period of time appropriate to the amount of the grant and that facilities be used for the express purpose of the grant. If the grantee is found to be out of compliance with provisions of the contract, the grantee shall repay to the state general fund the principal amount of the grant plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the date of authorization of the grant.
(6) Projects funded in this section, including those that are owned and operated by nonprofit organizations, are generally required to pay state prevailing wages.
(7) The department must comply with the requirements set forth in executive order 21-02 and must consult with the department of archaeology and historic preservation and affected tribes on the potential effects of these projects on cultural resources and historic properties. Consultation with the department of archaeology and historic preservation and affected tribes must be initiated before project funds are made available.
(8) The appropriations((is))are provided solely for the following list of projects:
57th Avenue Sewer Project (University Place). . . .$100,000
988 Expansion (Everett). . . .$300,000
Accessibility and Upgrades for WHO (Vancouver). . . .$283,000
Allyn Community Center (Allyn). . . .$300,000
Anacortes Family Center (Anacortes). . . .$50,000
Ballard Boys & Girls Club Teen Ctr Remodel
& Expansion (Seattle). . . .$241,000
Black Diamond Community Skatepark (Black Diamond). . . .$85,000
Boys & Girls Club Fire Safety Upgrade (Federal Way). . . .$361,000
Bremerton Library Building - HVAC (Bremerton). . . .$412,000
Burton Water Company Cooperative Conversion (Vashon). . . .$26,000
Camp Korey Internet & Telemedicine (Mount Vernon). . . .$330,000
Children's Therapy Center (Tacoma). . . .$250,000
CHOB Electrical Upgrade to Emergency Shelter (Longview). . . .$258,000
City Hall Preservation Phase II (Enumclaw). . . .$289,000
City of Tenino Playground (Tenino). . . .$515,000
City of Yelm Dog Park (Yelm). . . .$52,000
Civil Air Patrol Hangar (Ephrata). . . .$1,200,000
Columbia Basin Dive Rescue's New Boat (Richland). . . .$270,000
Communication Devices for Football Officials (Olympia). . . .$36,000
((Community Boating Center for All - Magnuson Park))Sail
Sand Point (Seattle). . . .$100,000
Confluence Health Treatment Center (Moses Lake). . . .$1,236,000
Craft Beverage (Tumwater). . . .$200,000
Darrington Wood Innovation Center (Darrington). . . .$1,700,000
Edmonds Boys & Girls Club Feasibility Study (Edmonds). . . .$206,000
Electrical & Safety Upgrades at N Seattle Boys &
Girls (Seattle). . . .$304,000
Eli's Park Project (Seattle). . . .$200,000
Elks 1450 Roof Replacement (Puyallup). . . .$381,000
Felts Field Gateway Project (Spokane). . . .$200,000
Ferndale Civic and Community Campus (Ferndale). . . .$1,500,000
Field Arts and Events Hall. . . .$250,000
Fircrest Campus Master Plan (Shoreline). . . .$300,000
First Street Downtown Revitalization (Cle Elum). . . .$465,000
Flooring Replacement Kirkland Boys & Girls Club
(Kirkland). . . .$53,000
Foss Waterway Seaport Public Restrooms (Tacoma). . . .$258,000
Frontier Park Goat Barns (Graham). . . .$70,000
GenPride LGBTQ+ Senior Community Center (Seattle). . . .$530,000
GH Senior Center Office/Education Container (Gig Harbor). . . .$61,000
Goldsborough Switching Station (Shelton). . . .$103,000
Granger Historical Society New Museum Project (Granger). . . .$100,000
Harlequin Productions Theater Renovation (Olympia). . . .$250,000
Harper Estuary Restoration and Bridge Construction
(Port Orchard). . . .$100,000
Historic Neptune Theatre HVAC Upgrade (Seattle). . . .$100,000
Historic Newcastle Cemetery (Newcastle). . . .$75,000
Historic Paramount Theatre HVAC Upgrade (Seattle). . . .$198,000
Howard Bowen Memorial Events Complex (Sumas). . . .$319,000
HVAC Upgrade with New System and Heat Pumps (Shelton). . . .$250,000
Illahee Preserve 'Homestead, Ph 1' Acquisition
(Bremerton). . . .$196,000
Imagine Children's Museum (Everett). . . .$250,000
Interfaith Family Shelter (Everett). . . .$800,000
Island County Jail Intake Body Sensor (Coupeville). . . .$200,000
Jim Kaemingk Sr. Trail Missing Link (Lynden). . . .$300,000
Kitsap Humane Society (Silverdale). . . .$258,000
Kiwanis Park Playground Accessibility Upgrades
(Bremerton). . . .$165,000
Klickitat County Animal Shelter (Goldendale). . . .$670,000
La Conner Regional Library (La Conner). . . .$640,000
Lake Boren Park Fishing Dock and Viewing Platform
(Newcastle). . . .$62,000
Lake Wilderness Lodge Emergency Generator (Maple Valley). . . .$412,000
Lewis County Regional Tennis and Wrestling Facility
(Chehalis). . . .$875,000
Library Commons Project (Mount Vernon). . . .$4,000,000
Logistics Facility (Vancouver). . . .$160,000
Longview Senior Center Roof and Energy Upgrades
(Longview). . . .$273,000
Luther Burbank Pk Waterfront Activity Center
(Mercer Island). . . .$85,000
Marina View Building Renovation (Olympia). . . .$103,000
Marymount/Spana-Park Senior Center Roof (Spanaway). . . .$103,000
Mason Co Housing Authority Roof & Electrical (Shelton). . . .$201,000
McKinney Center Minor Works (Seattle). . . .$560,000
Mill Creek Library Project (Mill Creek). . . .$200,000
Mill Creek Parks Master Plan (Mill Creek). . . .$206,000
Mount Spokane Lodge Renovations (Mead). . . .$397,000
Mukai's Fruit Barreling Plant (Vashon, WA). . . .$50,000
Naches Rearing Pond (Naches). . . .$50,000
New Beginnings Homes (Puyallup). . . .$201,000
Newman Lake Milfoil Wash Station (Newman Lake). . . .$100,000
Non Destructive Weld Testing (Sunnyside). . . .$30,000
Nooksack River Integrated Floodplain Mitigation
(Whatcom County). . . .$2,000,000
North Creek Trail (Bothell). . . .$500,000
North Trailhead Restroom & Covered Structure
(Castle Rock). . . .$155,000
Northwest Kidney Centers - Port Angeles Clinic (Port
Angeles). . . .$235,000
ODMF Multicultural Village (Kent). . . .$450,000
Old Fort Lake Subarea (DuPont). . . .$400,000
Pacific Co. Fair Three M Project (Raymond). . . .$412,000
Pattison Property Redevelopment (Federal Way). . . .$1,250,000
Pedestrian Boardwalk May Creek Trail (Renton). . . .$258,000
Peshastin Cross Over Siphon Pipe (Peshastin). . . .$309,000
Pilchuck Glass School Ventilation (Stanwood). . . .$103,000
Pipe Lake Water Quality Improvement Project (Covington). . . .$319,000
Planning Land Acquisition for Veteran Rites (Tacoma). . . .$46,000
Port Gamble Forest Restoration (Port Gamble). . . .$300,000
Port Marine Transportation Infrastructure (Friday Harbor). . . .$258,000
Port of Mattawa Event Center (Mattawa). . . .$125,000
Public Electric Vehicle Infrastructure (Lacey). . . .$103,000
Pump Station Modernization: Design and Permitting (Mount
Vernon). . . .$100,000
Rejuvenation Community Day Center & Shower/Laundry
(Bremerton). . . .$250,000
Ridgefield Splashpad (Ridgefield). . . .$258,000
Rimrock Grange Renovation (Washtucna). . . .$105,000
Rister Stadium Elevator Lift (Kelso). . . .$33,000
Roslyn Downtown Association Gazebo (Roslyn). . . .$171,000
Rotary Morrow Community Park (Poulsbo). . . .$50,000
Salmon Reintroduction in the Upper Columbia (Spokane). . . .$375,000
Seattle Aquarium Ocean Pavilion (Seattle). . . .$500,000
Secure Parking for Shelton Police (Shelton). . . .$206,000
Seismic Upgrade and Roof Replacement (Vancouver). . . .$309,000
Senior Resources Svc HUB Feasibility Study (Freeland). . . .$273,000
Serving the Community Through Capital Improvements
(Walla Walla). . . .$336,000
Skokomish Water Line Extension (Skokomish). . . .$50,000
Smokey Point Park (Arlington). . . .$278,000
Sno Valley Senior Housing (Carnation). . . .$309,000
Snohomish Teen Center Addition (Snohomish). . . .$515,000
South Area Commercial Sewer Infrastructure Ext. (Airway
Heights). . . .$300,000
South Sound Innovation and Education Center
(Federal Way). . . .$300,000
South Whidbey Aquatic Wellness Center (Langley). . . .$400,000
Starbuck Rodeo Arena Remodel (Dayton). . . .$98,000
Steilacoom Electrical Charging Station Project
(Steilacoom). . . .$50,000
Sultan-Monroe Commercial Kitchen (Monroe). . . .$134,000
The Tacoma Recovery Cafe Site Acquisition (Tacoma). . . .$500,000
Titlow Park Bridge Replacement (Tacoma). . . .$350,000
Toppenish Hospital (Toppenish). . . .$2,000,000
Town Center to Burke-Gilman Trail Connector (Lake
Forest Park). . . .$103,000
Town of Naches Mobile Stage (Naches). . . .$250,000
Transitions (Spokane). . . .$103,000
Tubman Health Clinic (Seattle). . . .$4,500,000
Tukwila ((Teen Center and Senior Intergenerational))Community
Center (Tukwila). . . .$258,000
Urban League of Metropolitan Seattle Building (Seattle). . . .$500,000
Vandercook Park Restroom (Longview). . . .$309,000
Veteran Housing at Stratford Apartments (Longview). . . .$206,000
VOA Veteran Transitional Housing Energy Efficiency
(Spokane). . . .$195,000
Wa Na Wari Capital Improvements (Seattle). . . .$258,000
WA Soldiers Home Cemetery Road Pavement Project
(Orting). . . .$180,000
Weld Collaborative Reintegration Resource (Seattle). . . .$775,000
Wenatchee City Pool Repairs (Wenatchee). . . .$550,000
Wenatchee Valley YMCA (Wenatchee). . . .$515,000
West Plains Childcare Center (Airway Heights). . . .$191,000
Westport Marina Gear Yard (Westport). . . .$412,000
WGC - Accessibility and Education Support (Waitsburg). . . .$42,000
Whelan Community Building (Pullman). . . .$153,000
White Center Food Bank Grow2Give Relocation (Seattle). . . .$200,000
Wilkeson Water Treatment System (Wilkeson). . . .$300,000
Willows Road Pedestrian Safety Connection (Kirkland). . . .$206,000
Woodland Community Library Building Project (Woodland). . . .$515,000
Yakima Canyon Interpretive Center (Ellensburg). . . .$150,000
Yakima Greenway Master Plan (Yakima). . . .$67,000
Yakima YMCA Park Development (Yakima). . . .$232,000
Youth Achievement Center (Seattle). . . .$500,000
YVT Bucket Truck (Yakima). . . .$70,000
Total. . . .$53,318,000
Appropriation:Capital Community Assistance Account—State | . . . . | $309,000 |
State Building Construction Account—State | . . . . | $53,318,000 |
Subtotal Appropriation | . . . . | $53,627,000 |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($53,318,000)) |
Sec. 7008. 2022 c 296 s 1036 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
Enhanced Shelter Capacity Grants (92000939)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1022, chapter 356, Laws of 2020, except that no funding may be directed to the Auburn Resource Center or the St. Vincent de Paul Cold Weather Shelter.
Reappropriation:State Building Construction Account—State | . . . . | (($4,818,000)) |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($4,818,000)) |
Sec. 7009. 2022 c 296 s 1024 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
2022 Rapid Capital Housing Acquisition (40000260)
The appropriations in this section are subject to the following conditions and limitations:
(1)(a) ((
$207,628,000))
$169,628,000 of the capital community assistance account
—state appropriation
, $22,935,000 of the state building construction account—state appropriation, and $15,065,000 of the coronavirus state fiscal recovery fund—federal appropriation in this section ((
is))
are provided solely for the department to issue competitive financial assistance to eligible organizations under RCW
43.185A.040 to acquire real property for a rapid conversion into enhanced emergency shelters, permanent supportive housing, transitional housing, permanent housing, youth housing, or shelter for extremely low-income people, as well as individuals, families, unaccompanied youth, and young people experiencing sheltered and unsheltered homelessness. The department shall prioritize housing projects that will rapidly move people experiencing unsheltered homelessness into housing, including, but not limited to, individuals living in unsanctioned encampments, the public rights-of-way, or other public spaces. Amounts provided in this section may also be used for renovation and building update costs associated with establishment of the acquired facilities. The department may only approve funding for projects resulting in increased shelter or housing capacity. Amounts provided in this section may not be used for operating or maintenance costs associated with providing housing, supportive services, or debt service.
(b) $20,000,000 of the capital community assistance account
—state appropriation in this section is provided solely for housing projects in rural areas as defined by the department under RCW
43.185.050 and underserved communities with the goal of maximizing the investment and increasing the number of supportive housing units in rural, underserved communities.
(c) $2,000,000 of the capital community assistance account—state appropriation in this section is provided solely for the Woodley Place by Bayside Housing and Services project in Port Hadlock.
(d) $172,000 of the capital community assistance account—state appropriation in this section is provided solely for Building Transitional Tiny Homes for the Homeless project in Seattle.
(e) $200,000 of the capital community assistance account—state appropriation in this section is provided solely for the department to contract and work with a professional real estate broker to identify opportunities for rapid acquisition or conversion of properties.
(f) $10,000,000 of the capital community assistance account—state appropriation in this section is provided solely for unexpected cost increases experienced by projects funded by prior rapid capital appropriations. The department must create a process by which providers that received prior rapid capital awards may request additional funding for unexpected costs of affordable housing projects that are under or ready for construction
(g) When selecting projects, the department shall balance the state's interest in quickly approving and financing projects, the degree to which the project will leverage other funds, the extent to which the project promotes racial equity, and the extent to which the project will promote priorities on a statewide basis, including in rural areas and in geographically diverse parts of the state.
(h) Amounts appropriated under this section may also be used for permanent financing for real estate acquired using other short-term acquisition sources. To expand availability of permanent housing, financing of acquisition of multifamily housing is a priority.
(i) While emphasizing the rapid deployment of the amounts appropriated under this section to alleviate the immediate crisis of homelessness throughout the state, the department shall use criteria for the issuance of funds that were developed to administer prior rapid capital appropriations, and which must include:
(i) The date upon which the units can be placed in service and occupied by the intended population, or the date any necessary structural modifications would begin and the anticipated date of completion of the project;
(ii) A detailed estimate of the costs associated with the acquisition and any updates or improvements necessary to make the property habitable for its intended use;
(iii) A detailed estimate of the costs associated with placing the beds or units in service; and
(iv) A financial plan demonstrating the ability to maintain and operate the property and support its intended tenants.
(j) If the recipient is found to be out of compliance with provisions of the contract, the recipient shall repay to the state general fund the principal amount of the award plus interest calculated at the rate of interest on state of Washington general obligation bonds issued on the date most close in time to the date of authorization of the award.
(k) The department must provide a progress report on its website by December 30, 2023. The report must include:
(i) The total number of applications and amount of funding requested; and
(ii) A list and description of the projects approved for funding including state funding, total project cost, services anticipated to be provided, housing units, and anticipated completion date.
(l) The funding provided under this section is not subject to the 90-day application periods in RCW
43.185.070 or
43.185A.050.
(m) The department shall prioritize proposals that reach the greatest public benefit, as defined by the department. For purposes of this subsection (1)(m), "greatest public benefit" must include, but is not limited to:
(i) The rapid transition of people living unsheltered or chronically homeless, into housing;
(ii) The greatest number of accommodations or increased shelter capacity that will benefit extremely low-income people, as well as individuals, families, and youth experiencing homelessness;
(iii) Whether the project has local funding commitments and rental assistance;
(iv) The scarcity of the affordable housing or shelter capacity applied for compared to the number of available affordable housing units or shelter capacity in the same geographic location; and
(v) The program's established funding priorities under RCW
43.185.070(5).
(n) The department must strive to allocate all of the amounts appropriated in this section within the 2021-2023 fiscal biennium in the manner prescribed in this section. However, if upon review of applications the department determines there are not adequate suitable projects in (a) of this subsection, the department may allocate funds to (f) of this subsection or to projects serving other low-income and special needs populations, provided those projects are located in an area with an identified need for the type of housing proposed.
(2) $60,000,000 of the apple health and homes account—state appropriation in this section is provided solely for the rapid permanent supportive housing program created under chapter . . ., Laws of 2022 (Engrossed Substitute House Bill No. 1866) and the creation of a housing dashboard providing permanent supportive housing need and current capacity data. Of the amounts in this subsection, $1,500,000 is provided solely for the St. Agnes Haven project in Spokane. If Engrossed Substitute House Bill No. 1866 is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
Appropriation:Capital Community Assistance Account—State | . . . . | (($240,000,000)) |
Apple Health and Homes Account—State | . . . . | $60,000,000 |
Coronavirus State Fiscal Recovery Fund—Federal | . . . . | $15,065,000 |
State Building Construction Account—State | . . . . | $22,935,000 |
Subtotal Appropriation | . . . . | $300,000,000 |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
Sec. 7010. 2022 c 296 s 1039 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
2021-23 Behavioral Health Community Capacity Grants (40000219)
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriations in this section are provided solely for the department to issue grants to community hospitals or other community providers to expand and establish new capacity for behavioral health services in communities. The department must consult an advisory group consisting of representatives from the department of social and health services, the health care authority, one representative from a managed care organization, one representative from an accountable care organization, and one representative from the association of county human services. Amounts provided in this section may be used for construction and equipment costs associated with establishment of the facilities. The department may approve funding for the acquisition of a facility if the project will result in increased behavioral health capacity. Amounts provided in this section may not be used for operating costs associated with the treatment of patients using these services.
(2) The department must establish criteria for the issuance of the grants, which must include:
(a) Evidence that the application was developed in collaboration with one or more regional behavioral health entities that administer the purchasing of services;
(b) Evidence that the applicant has assessed and would meet gaps in geographical behavioral health services needs in their region;
(c) Evidence that the applicant is able to meet applicable licensing and certification requirements in the facility that will be used to provide services;
(d) A commitment by applicants to serve persons who are publicly funded and persons detained under the involuntary treatment act under chapter
71.05 RCW;
(e) A commitment by the applicant to maintain and operate the beds or facility for a time period commensurate to the state investment, but for at least a 15-year period;
(f) The date upon which structural modifications or construction would begin and the anticipated date of completion of the project;
(g) A detailed estimate of the costs associated with opening the beds;
(h) A financial plan demonstrating the ability to maintain and operate the facility; and
(i) The applicant's commitment to work with local courts and prosecutors to ensure that prosecutors and courts in the area served by the hospital or facility will be available to conduct involuntary commitment hearings and proceedings under chapter
71.05 RCW.
(3) In awarding funding for projects in subsection (5) of this section, the department, in consultation with the advisory group established in subsection (1) of this section, must strive for geographic distribution and allocate funding based on population and service needs of an area. The department must consider current services available, anticipated services available based on projects underway, and the service delivery needs of an area.
(4) The department must prioritize projects that increase capacity in unserved and underserved areas of the state.
(5) $71,400,000 of the state building construction account—state appropriation in this section is provided solely for a competitive process for each category listed and is subject to the criteria in subsections (1), (2), (3), and (4) of this section:
(a) $11,600,000 of the state building construction account—state appropriation in this section is provided solely for at least six enhanced service facilities for long-term placement of patients discharged or diverted from the state psychiatric hospitals and that are not subject to federal funding restrictions that apply to institutions of mental diseases;
(b) $10,000,000 of the state building construction account—state appropriation in this section is provided solely for enhanced adult residential care facilities for long-term placements of dementia discharged or diverted from the state psychiatric hospitals and are not subject to federal funding restrictions that apply to institutions of mental diseases;
(c) $2,000,000 of the state building construction account—state appropriation in this section is provided solely for at least one facility with secure withdrawal management and stabilization treatment beds that are not subject to federal funding restrictions that apply to institutions of mental diseases;
(d) $2,000,000 of the state building construction account—state appropriation in this section is provided solely for at least one crisis triage and stabilization facility that is not subject to federal funding restrictions that apply to institutions of mental diseases;
(e) $12,000,000 of the state building construction account—state appropriation in this section is provided solely for two 16-bed crisis triage and stabilization facilities in the King county region consistent with the settlement agreement in A.B, by and through Trueblood, et al., v. DSHS, et al., No. 15–35462, and that are not subject to federal funding restrictions that apply to institutions of mental disease;
(f) $2,000,000 of the state building construction account—state appropriation in this section is provided solely for at least two mental health peer respite centers that are not subject to federal funding restrictions that apply to institutions of mental diseases. No more than one mental health peer respite center should be funded in each of the nine regions;
(g) $18,000,000 of the state building construction account—state appropriation in this section is provided solely for the department to provide grants to community hospitals, freestanding evaluation and treatment providers, or freestanding psychiatric hospitals to develop capacity for beds to serve individuals on 90-day or 180-day civil commitments as an alternative to treatment in the state hospitals. In awarding this funding, the department must coordinate with the department of social and health services, the health care authority, and the department of health and must only select facilities that meet the following conditions:
(i) The funding must be used to increase capacity related to serving individuals who will be transitioned from or diverted from the state hospitals;
(ii) The facility is not subject to federal funding restrictions that apply to institutions of mental diseases;
(iii) The provider has submitted a proposal for operating the facility to the health care authority;
(iv) The provider has demonstrated to the department of health and the health care authority that it is able to meet the applicable licensing and certification requirements for the facility that will be used to provide services; and
(v) The health care authority has confirmed that it intends to contract with the facility for operating costs within funds provided in the operating budget for these purposes;
(h) $2,400,000 of the state building construction account—state appropriation in this section is provided solely for competitive community behavioral health grants to address regional needs;
(i) $9,400,000 of the state building construction account—state appropriation in this section is provided solely for at least three intensive behavioral health treatment facilities for long-term placement of behavioral health patients with complex needs and that are not subject to federal funding restrictions that apply to institutions of mental diseases; and
(j) $2,000,000 of the state building construction account—state appropriation in this section is provided solely for grants to community providers to increase behavioral health services and capacity for children and minor youth including, but not limited to, services for substance use disorder treatment, sexual assault and traumatic stress, anxiety, or depression, and interventions for children exhibiting aggressive or depressive behaviors in facilities that are not subject to federal funding restrictions. Consideration must be given to programs that incorporate outreach and treatment for youth dealing with mental health or social isolation issues.
(6)(a) $15,648,000 of the state building construction account—state appropriation and $8,748,000 of the capital community assistance account—state appropriation in this section are provided solely for the following list of projects and is subject to the criteria in subsection (1) of this section:
Astria Toppenish Hospital (Toppenish). . . .$1,648,000
Compass Health Broadway (Everett). . . .$14,000,000
Evergreen Recovery Residential Treatment (Everett). . . .$1,000,000
EvergreenHealth Monroe (Monroe). . . .$4,275,000
NE Spokane Community Behavioral Health Center
(Spokane). . . .$700,000
Red Road Clean and Sober Housing (Renton). . . .$773,000
Seattle Clinic at Evergreen Treatment (Seattle). . . .$2,000,000
(b) $8,116,000 of the state building construction account—state appropriation and $17,575,000 of the capital community assistance account—state appropriation in this section are provided solely for the following list of projects and is subject to the criteria in subsection (1) of this section, except that the following projects are not required to establish new capacity:
Cascade Hall (Seattle). . . .$6,000,000
Comprehensive Health Care - ((Goldendale Facility
(Goldendale)))Camp Hope (Yakima). . . .$1,030,000
Jamestown S'Klallam (Sequim). . . .$3,250,000
Lummi Nation Healing Wellness Center (Bellingham). . . .$1,250,000
Maplewood Enhanced Services Facility (Bellingham). . . .$1,500,000
SIHB Thunderbird Treatment Center (Seattle). . . .$3,000,000
Family Solutions (Vancouver). . . .$2,050,000
Renovation Youth Evaluation & Treatment Facility
(Bremerton). . . .$316,000
Sound Enhanced Services Facility (Auburn). . . .$3,000,000
Three Rivers Behavioral Health Recovery Center
(Kennewick). . . .$4,295,000
(7) The department must notify all applicants that they may be required to have a construction review performed by the department of health.
(8) To accommodate the emergent need for behavioral health services, the department and the department of health, in collaboration with the health care authority and the department of social and health services, must establish a concurrent and expedited process to assist grant applicants in meeting any applicable regulatory requirements necessary to operate inpatient psychiatric beds, freestanding evaluation and treatment facilities, enhanced services facilities, triage facilities, crisis stabilization facilities, or secure detoxification/secure withdrawal management and stabilization facilities.
(9) The department must strive to allocate all of the amounts appropriated within subsection (5) of this section in the manner prescribed. However, if upon review of applications, the department determines, in consultation with the advisory group established in subsection (1) of this section, that there are not adequate suitable projects in a category of projects under subsection (5) of this section, the department may allocate funds to other behavioral health capacity project categories within subsection (5) of this section, prioritizing projects under subsections (5)(a), (g), and (i) of this section. Underserved areas of the state may also be considered.
(10) The department must provide a progress report by November 1, 2022. The report must include:
(a) The total number of applications and amount of funding requested;
(b) A list and description of the projects approved for funding including state funding, total project cost, services anticipated to be provided, bed capacity, and anticipated completion date; and
(c) A status report of projects that received funding in prior funding rounds, including details about the project completion and the date the facility began providing services.
Appropriation:State Building Construction Account—State | . . . . | $95,164,000 |
Capital Community Assistance Account—State | . . . . | $26,323,000 |
Subtotal Appropriation | . . . . | $121,487,000 |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $120,000,000 |
Sec. 7011. 2021 c 332 s 1065 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
2021-23 Energy Retrofits for Public Buildings Grant Program (40000149)
The appropriation in this section is subject to the following conditions and limitations:
(1) $4,000,000 of the appropriation in this section is provided solely for grants to local governments, public higher education institutions, school districts, federally recognized tribal governments, and state agencies for operational cost savings improvements to facilities and related projects that result in energy and operational cost savings.
(a)(i) $3,000,000 of the appropriation in this section is provided solely for grants awarded in competitive rounds.
(ii) At least 20 percent of each competitive grant round is designated for award to eligible projects in small cities or towns with a population of 5,000 or fewer residents.
(iii) In each competitive round, a higher energy savings to investment ratio must result in a higher project ranking. Priority consideration must be given to applicants that have not received grant awards for this purpose in prior biennia.
(iv) The department must determine a minimum match ratio to maximize the leverage of nonstate funds.
(b) $450,000 of the appropriation in this section is provided solely for a grant to Western Washington University for the heating system conversion feasibility study.
(c) $550,000 of the appropriation in this section is provided solely for a grant to Whidbey Island Public Hospital District for energy upgrades at WhidbeyHealth Medical Center in Coupeville.
(2)(a) $1,000,000 of the appropriation in this section is provided solely for grants to be awarded in competitive rounds to local governments, public higher education institutions, school districts, federally recognized tribal governments, and state agencies for projects that involve the purchase and installation of solar energy systems, including solar modules and inverters, with a preference for products manufactured in Washington.
(b) At least 20 percent of each competitive grant round is designated for award to eligible projects in small cities or towns with a population of 5,000 or fewer residents.
(c) In each competitive round, a higher energy savings to investment ratio must result in a higher project ranking. Priority consideration must be given to applicants that have not received grant awards for this purpose in prior biennia.
(d) The department must determine a minimum match ratio to maximize the leverage of nonstate funds.
(3) $4,500,000 of the appropriation in this section is provided solely for the energy efficiency and environmental performance improvements to minor works, stand-alone, and emergency projects at facilities owned by agencies named by the state efficiency and environmental performance office executive order 20-01 that repair or replace existing building systems and reduce greenhouse gas emissions from state operations, including, but not limited to, HVAC, lighting, insulation, windows, and other mechanical systems. Eligibility for this funding is dependent on an analysis using the office of financial management's life-cycle cost tool that compares project design alternatives for initial and long-term cost-effectiveness. Assuming a reasonable return on investment, the department shall provide grants in the amount required to improve the project's energy efficiency compared to the original project request. Prior to awarding funds, the department shall submit to the office of financial management a list of all proposed awards for review and approval.
(4) The department shall develop metrics that indicate the performance of energy efficiency efforts.
(5) $457,000 of the appropriation provided in this section is provided solely for photovoltaic panels for the capitol campus child care center.
(6) If a grant is provided in subsection (1) or (3) of this section to purchase heating devices or systems, the agency must, whenever possible and most cost effective, select devices and systems that do not use fossil fuels.
(7) Grants to state agencies provided under subsections (1), (2), and (3) of this section are exempt from the match requirements of this section.
Appropriation:State Building Construction Account—State | . . . . | $9,957,000 |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
Sec. 7012. 2022 c 296 s 1022 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
2022 Local & Community Projects (40000230)
The appropriation in this section is subject to the following conditions and limitations:
(1) The department may not expend the appropriation in this section unless and until the nonstate share of project costs have been either expended or firmly committed, or both, in an amount sufficient to complete the project or a distinct phase of the project that is useable to the public for the purpose intended by the legislature. This requirement does not apply to projects where a share of the appropriation is for design costs only or to the Chelan municipal airport extension project in subsection (8)(a) of this section.
(2) Prior to receiving funds, project recipients must demonstrate that the project site is under control for a minimum of 10 years, either through ownership or a long-term lease. This requirement does not apply to appropriations for preconstruction activities or appropriations in which the sole purpose is to purchase real property that does not include a construction or renovation component.
(3) Projects funded in this section may be required to comply with Washington's high-performance building standards as required by chapter
39.35D RCW.
(4) Project funds are available on a reimbursement basis only, and may not be advanced under any circumstances.
(5) In contracts for grants authorized under this section, the department must include provisions that require that capital improvements be held by the grantee for a specified period of time appropriate to the amount of the grant and that facilities be used for the express purpose of the grant. If the grantee is found to be out of compliance with provisions of the contract, the grantee shall repay to the state general fund the principal amount of the grant plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the date of authorization of the grant.
(6) Projects funded in this section, including those that are owned and operated by nonprofit organizations, are generally required to pay state prevailing wages.
(7) The department must comply with the requirements set forth in executive order 21-02 and must consult with the department of archaeology and historic preservation and affected tribes on the potential effects of these projects on cultural resources and historic properties. Consultation with the department of archaeology and historic preservation and affected tribes must be initiated before project funds are made available.
(8)(a) The appropriation is provided solely for the following list of projects:
300 Rainier Ave Building. . . .$206,000
Adams County Property/Evidence Processing Facility
(Othello). . . .$900,000
Amara 29 Acre Opportunity in Pierce County (Tacoma). . . .$246,000
American Lake Park ADA Improvement Project (Lakewood). . . .$258,000
American Legion Building Renovation (Goldendale). . . .$262,000
American Legion Veterans Housing & Resource Ctr (Raymond). . . .$88,000
Arlington Innovation Center (Arlington). . . .$372,000
Ashley House (Spokane). . . .$552,000
Auburn Resource Center (Auburn). . . .$1,500,000
Aurora Commons Acquisition (Seattle). . . .$2,500,000
Ballinger Park - Hall Creek Restoration
(Mountlake Terrace). . . .$824,000
Battle Ground HealthCare Free Clinic Relocation
(Battle Ground). . . .$1,000,000
Bellevue High School Automotive Dynamometer Install
(Bellevue). . . .$277,000
Bigelow House Museum Preservation (Olympia). . . .$52,000
BIPOC Artist Installation at Kraken Training Center
(Seattle). . . .$155,000
Brewery Park Visitor Center (Tumwater). . . .$1,200,000
Bridges To Home (Shoreline). . . .$2,000,000
Camp Kilworth - YMCA Day Camp/Environmental Educ
(Federal Way). . . .$1,030,000
Campus Towers Roofing Project (Longview). . . .$301,000
Capitol Theatre Curtains/Soft Goods Replacement (Yakima). . . .$250,000
Central Klickitat County Parks Improvements (Goldendale). . . .$25,000
Chehalis Centralia Steam Locomotive Repair/Restore
(Chehalis). . . .$123,000
Chelan Municipal Airport Extension (Chelan). . . .$5,700,000
Children's Village Neurodevelopmental Center Expansion
(Yakima). . . .$750,000
City of Wenatchee Community Center (Wenatchee). . . .$2,500,000
Civic Park Mika's Playground (Edmonds). . . .$258,000
Clallam Joint Emergency Services (Port Angeles). . . .
$1,700,000
Class A Biosolids Dryer (Yelm). . . .$850,000
Clemans View Park (Naches). . . .$442,000
Coastal Community Action Program Service Ctr (Aberdeen). . . .$500,000
Communications Tower (Ocean Shores). . . .$77,000
Community Action Resource and Training Center (Omak). . . .$400,000
Community Multi-Use Center (Carnation). . . .$1,030,000
Cornforth Campbell Demolition & Infrastructure
(Puyallup). . . .$330,000
Coulee City Medical ((Clinic))Center & Library (Coulee
City). . . .(($846,000))$1,606,000
Coulon North Water Walk Repair and Enhancement
(Renton). . . .$1,339,000
Coupeville Boys & Girls Club (Coupeville). . . .
$1,236,000
Cow Skull Creek and Rushingwater Creek Acclimation Ponds
(Orting). . . .$690,000
Craft Beverage Lab & Instrumentation (Tumwater). . . .$773,000
Cross Park Trail and Picnic Shelter (Tacoma). . . .$206,000
CSML Food Bank Facility (Moses Lake). . . .$1,900,000
Cultural Anchor Village (Tukwila). . . .$1,500,000
Curran House Museum (University Place). . . .$85,000
Dawson Place Facilities (Everett). . . .$258,000
Day/Night House Exhibit Rebuild - Design Phase
(Seattle). . . .$300,000
Daybreak Star Indian Cultural Center (Seattle). . . .$2,600,000
Delridge Wetland Park (Seattle). . . .$244,000
Des Moines North Marina Bulkhead Replacement Ph II
(Des Moines). . . .$2,000,000
Doris Morrison Learning Center (Greenacres). . . .$1,030,000
Downtown Puyallup Redevelopment Infrastructure
(Puyallup). . . .$257,000
Downtown Revitalization (Blaine). . . .$500,000
Duffy's Pond Pathway Completion (Kennewick). . . .$38,000
Early Learning Facility Project for Licensed Childcare
(Hoquiam). . . .$721,000
East County Family Resource Center Renovation
(Washougal). . . .$721,000
Edmonds Marsh ((Restoration))Water Quality Improvement
(Edmonds). . . .(($258,000))
$458,000
Edmonds Waterfront Center (Edmonds). . . .$250,000
Ejido Farm Project (Everson). . . .$200,000
Ellensburg Masonic Temple (Ellensburg). . . .$258,000
Ellensburg Rodeo Grandstands (Ellensburg). . . .$1,500,000
Ephrata Rec Center Upgrade (Ephrata). . . .$621,000
Esther's Home (Pasco). . . .$1,000,000
Ethiopian Community Affordable Housing (Seattle). . . .$3,000,000
Extruded Curb Improvements (Kirkland). . . .$515,000
Family Engagement Center (Seattle). . . .$1,030,000
Felts Field Gateway Project (Spokane). . . .$400,000
Ferry County Airport Runway Lighting System (Republic). . . .$450,000
Flag Plaza Redevelopment (Kennewick). . . .$46,000
FOE Meeting and Dance Hall (Puyallup). . . .$77,000
Fourth Plain Community Commons (Vancouver). . . .$1,236,000
Franklin Pierce Farm Agricultural Resource Center
(Tacoma). . . .$3,900,000
Frontier Park - Goat Barn Roof (Graham). . . .$89,000
Frontier Park-Horse Arena Cover (Graham). . . .$1,811,000
Garfield Pool Upgrade (Garfield). . . .$500,000
Gas Station Park Improvements (Tacoma). . . .$515,000
Gold Mountain Communications Zone - Upgraded Telecomm
(Bremerton). . . .$835,000
Granger Historical Society Museum (Granger). . . .$300,000
Green Lake Community Boathouse (Seattle). . . .$100,000
Grounds Improvement Proposal (Ritzville). . . .$150,000
Health Care Kiosk Deployment (Federal Way). . . .$75,000
Historic Downtown Chelan Infrastructure Predesign
(Chelan). . . .$150,000
Immigrant and Refugee Community Hub (Tukwila). . . .$960,000
Island County Criminal Justice Renovation (Coupeville). . . .$600,000
IT3 Discovery Center (Ridgefield). . . .$1,350,000
Japanese Gulch Daylighting (Mukilteo). . . .$206,000
Jim Kaemingk Sr. Trail (Lynden). . . .$200,000
Joya Child & Family Development Center (Spokane). . . .$1,200,000
JV Memorial Pool Roof (Oak Harbor). . . .$250,000
Kitsap Lake Park Renovation & Accessibility (Bremerton). . . .$258,000
Kittitas Valley Healthcare Laboratory Services Reno
(Ellensburg). . . .$397,000
La Center City Hall Improvements (La Center). . . .$1,236,000
Lake Lawrence Fire Station (Yelm). . . .$515,000
Lake Sacajawea Renovation Project (Longview). . . .$900,000
Lake Stevens Civic Center Phase 3 (Lake Stevens). . . .$2,100,000
Lakefront Property Acquisition (Lake Forest Park). . . .$432,000
LASA Client Services Center (Lakewood). . . .$515,000
Leavenworth Ski Hill ADA Restroom (Leavenworth). . . .$52,000
Lewis County Public Safety Radio Infrastructure
(Chehalis). . . .$129,000
Lewis County Youth Services Renovation and Addition
(Chehalis). . . .$824,000
LGBTQ-Affirming Senior Center (Seattle). . . .$1,030,000
Links to Opportunity (Tacoma). . . .$2,000,000
Little League Field Improvement (Federal Way). . . .$200,000
((Longview Hospice Care Center Renovation (Longview). . . .$765,000))
Lopez Island Swim Center (Lopez Island). . . .$245,000
Lynnwood Neighborhood Center (Lynnwood). . . .$500,000
Maddie's Place (Spokane). . . .$644,000
Madrona Day Treatment School (Bremerton). . . .$321,000
Magnuson Park Hangar 2 (Seattle). . . .$1,130,000
Main Street Phase 2 (Mountlake Terrace). . . .$1,200,000
Mariner Community Campus (Everett). . . .$1,670,000
Martin Luther King Center Improvements (Pasco). . . .$1,000,000
Mary's Place Shelter Renovation (Burien). . . .$352,000
Marysville Trail Connector (Marysville). . . .$515,000
Mason County Veterans Memorial Hall Refurbishment
(Shelton). . . .$62,000
McKinney Center Renovations (Seattle). . . .$1,000,000
Meadowglen Community Park (Spokane). . . .$77,000
Medical Examiner's Facility Upgrades (Spokane). . . .$600,000
Miller Park (Yakima). . . .$642,000
MLK Community Center Roof Replacement (Spokane). . . .$1,380,000
Moses Lake Business Incubator (Moses Lake). . . .$1,313,000
Mountain Rescue Center (North Bend). . . .$222,000
Nelson Dam Removal Project (Naches). . . .$1,325,000
New Ground Kirkland (Kirkland). . . .$258,000
Next Chapter Morgan Shelter (Tacoma). . . .$16,000
NJROTC/NNDCC Program Peninsula School District
(Gig Harbor). . . .$170,000
North Bend Depot Rehab (North Bend). . . .$151,000
North Clear Zone Land Acquisition (Lakewood). . . .$1,400,000
North Creek Trail (Bothell). . . .$618,000
North Seattle Boys & Girls Club Safety Upgrades
(Seattle). . . .$361,000
Northwest Kidney Centers Clinic (Port Angeles). . . .$900,000
Ocean Beach Medical Group - Ilwaco Clinic (Ilwaco). . . .$309,000
Panther Lake Community Park (Kent). . . .$2,000,000
Patterson Park Preservation & Upgrade (Republic). . . .$300,000
Pedestrian Overcrossing Replacement (Kalama). . . .$2,250,000
Perfect Passage (Tonasket). . . .$1,698,000
Perry Technical Institute Auditorium Renovation
(Yakima). . . .$1,550,000
Peter Kirk Community Center Roof and Retrofitted Emerg
(Kirkland). . . .$773,000
Phase 1 Master Plan - COVID Mitigation (Lake Stevens). . . .$103,000
Phase 1 of Trails Plan Improvements (Issaquah). . . .$251,000
Planning & Upgrades Edmonds Boys & Girls Club (Edmonds). . . .$200,000
Point Hudson Breakwater (Port Townsend). . . .$1,000,000
Police Station Renovations - City of Duvall (Duvall). . . .$107,000
Port of Olympia Marine Center (Olympia). . . .$250,000
Port of Vancouver Waterfront T1 Building Demo/Deconst
(Vancouver). . . .$1,000,000
Port Susan Trail (Stanwood). . . .$742,000
Port Townsend Affordable Housing Development
(Port Townsend). . . .$1,400,000
Proclaim Liberty Affordable Housing (Spokane). . . .$2,000,000
Project Chairlift: Lifting Up Washington State (Mead). . . .$750,000
Pts of Ilwaco/Chinook Nav Infrastructure
(Ilwaco & Chinook). . . .$634,000
Public Pavilion for Shoreline Park (Shoreline). . . .$361,000
Puyallup Recreation Center (Puyallup). . . .$1,030,000
Puyallup Valley Cultural Heritage Center (Puyallup). . . .$335,000
Rainier View Covered Court (Sumner). . . .$245,000
Ramstead Regional Park (Everson). . . .$1,500,000
Redmond Senior and Community Center (Redmond). . . .$1,250,000
Redondo Fishing Pier (Des Moines). . . .$900,000
Replacement Hospice House (Richland). . . .$900,000
Resource Center Planning (Pasco). . . .$250,000
Ridgefield I-5 Pedestrian Screen (Ridgefield). . . .$335,000
Ridgefield YMCA (Ridgefield). . . .$258,000
Ridgetop DNR Trust Land Purchase (Silverdale). . . .$2,050,000
Ritzville Downtown Improvements (Ritzville). . . .$105,000
Sargent Oyster House Restoration (Allyn). . . .$344,000
School Based Health Care Clinic (Tacoma). . . .$750,000
SE 168th St. Bike Lanes/Safe Crossings (Renton). . . .$500,000
Seattle Aquarium Expansion (Seattle). . . .$2,000,000
Seattle Kraken Multisport Courts (Seattle). . . .$103,000
Selah-Moxee Irrigation District (Moxee). . . .$300,000
Seminary Hill Natural and Heritage Trail Project
(Centralia). . . .$52,000
Sheffield Trail (Fife). . . .$1,030,000
Shipley Senior Center (Sequim). . . .$463,000
Shoreline Parks Restrooms (Shoreline). . . .$412,000
SIHB Thunderbird Treatment Center (Seattle). . . .$309,000
Silver Crest Park (Mill Creek). . . .$90,000
Skabob House Cultural Center Art Studio (Skokomish). . . .$500,000
Skagit County Morgue (Mount Vernon). . . .$139,000
Sky Valley Teen Center (Sultan). . . .$773,000
Sno-Isle Regional Inter-County Libraries
(Lake Stevens). . . .$1,100,000
Snohomish County Food and Farming Center (Everett). . . .$2,550,000
Snoqualmie Valley Youth Activity Center (North Bend). . . .$361,000
Soap Lake City Hall Reactivation (Soap Lake). . . .$157,000
SoCo Park (Covington). . . .$1,300,000
South Bend School Multi-Use Field Upgrades (South Bend). . . .$361,000
South Kitsap Community Events Center (Port Orchard). . . .$1,236,000
South Kitsap HS Phys Ed Support (Port Orchard). . . .$15,000
Southwest Washington Grain Project (Chehalis). . . .$1,750,000
Spokane Public Radio (Spokane). . . .$1,000,000
Spokane Valley Boys & Girls Club (Spokane Valley). . . .$1,030,000
((Spokane Valley Fairgrounds Exhibition Center
(Spokane Valley). . . .$750,000))
Sprinker Recreation Center Outdoor Improvements
(Tacoma). . . .$400,000
Squire's Landing Park Waterfront & Open Space Access Pr
(Kenmore). . . .$927,000
Steilacoom Tribal Cultural Center (Steilacoom). . . .$814,000
Stonehenge Memorial Public Restroom Project (Maryhill). . . .$129,000
Sultan Basin Park Design (Sultan). . . .$26,000
Sumas Sidewalks and Trails (Sumas). . . .$75,000
Teaching & Commercial Kitchen (Kent). . . .$515,000
The Campaign for Wesley Des Moines (Des Moines). . . .$500,000
The Eli's Park Project (Seattle). . . .$900,000
The Ethiopian Village (Seattle). . . .$515,000
The Hilltop (Tacoma). . . .$1,545,000
The Landing (Redmond). . . .$258,000
The Millworks (Bellingham). . . .$1,000,000
The Podium (Spokane). . . .$774,000
The Way Station (Bellingham). . . .$4,050,000
Therapeutic Play Spaces (Spokane). . . .$108,000
Tiny House Villages and Cottages (Seattle). . . .$2,000,000
Together Center (Redmond). . . .$1,030,000
Toppenish Junior Livestock Facility Planning (Toppenish). . . .$21,000
Trails End Community Meeting Space (Tumwater). . . .$155,000
Treatment Plant Remodel (Duvall). . . .$742,000
Turf Field Lighting (Yakima). . . .$500,000
Turning Pointe Youth Advocacy Addition (Shelton). . . .$82,000
Twisp Civic Center (Twisp). . . .$1,500,000
United Way of King County Building Restoration
(Seattle). . . .$566,000
University Heights Center Renovation (Seattle). . . .$595,000
Upper Kittitas County Medic One - Station 99 (Cle Elum). . . .$784,000
Vaughn Library Hall Restoration (Vaughn). . . .$103,000
Wards Lake Park Improvement Project (Lakewood). . . .$258,000
Water Efficiency Improvements (Royal City). . . .$193,000
Wenas Creek Screening, Passage Engineering Design
(Selah). . . .$150,000
West Biddle Lake Dam Restoration (Vancouver). . . .$1,881,000
Whatcom County Integrated Public Safety Radio System
(Bellingham). . . .$400,000
Woodland Scott Hill Park & Sports Complex (Woodland). . . .$600,000
Yakima County Fire Communications Radio Repeaters
(Yakima). . . .$103,000
Yakima Valley Fair (Grandview). . . .$235,000
Yelm Senior Center Repairs (Yelm). . . .$36,000
Youth Resource Center (Federal Way). . . .$82,000
(b) The funding for the Magnuson Park Historic Hanger 2 (Seattle) project is contingent on the contribution of at least $6,000,000 for the Magnuson Park Center For Excellence. If the Magnuson Park Center For Excellence has not certified to the department of commerce that the project has secured at least $6,000,000 in total funding for the capital phase of the project by July 31, 2022, the funds in this subsection (8)(b) shall lapse. The lapse date of July 31, 2022, must be extended to the same extent that the city of Seattle grants an extension, if any, beyond that date for the same project, provided that no further extension may be granted past July 31, 2023. The Magnuson Park Center For Excellence must ensure that the long-term lease with Seattle Parks and Recreation stipulates meaningful public benefits that prioritize low-income, black, indigenous, and people of color youth and families of the Magnuson park and neighborhood and Northeast Seattle. The lease must include provisions to proactively recruit and provide no-cost access to the residents as well as the creation of a scholarship fund dedicated to the residents for the center's events and programming. Additional public benefits to improve accessibility for Magnuson Park residents must be considered in the lease negotiations.
Appropriation:State Building Construction Account—State | . . . . | (($169,916,000)) |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($169,916,000)) |
Sec. 7013. 2022 c 296 s 1046 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
Work, Education, Health Monitoring Projects (91001686)
The appropriation in this section is subject to the following conditions and limitations:
(1) The department may not expend the appropriation in this section unless and until the nonstate share of project costs have been either expended or firmly committed, or both, in an amount sufficient to complete the project or a distinct phase of the project that is useable to the public for the purpose intended by the legislature. This requirement does not apply to projects where a share of the appropriation is for design costs only.
(2) Prior to receiving funds, project recipients must demonstrate that the project site is under control for a minimum of 10 years, either through ownership or a long-term lease. This requirement does not apply to appropriations for preconstruction activities or appropriations in which the sole purpose is to purchase real property that does not include a construction or renovation component.
(3) Projects funded in this section may be required to comply with Washington's high-performance building standards as required by chapter
39.35D RCW.
(4) Project funds are available on a reimbursement basis only, and may not be advanced under any circumstances.
(5) In contracts for grants authorized under this section, the department must include provisions that require that capital improvements be held by the grantee for a specified period of time appropriate to the amount of the grant and that facilities be used for the express purpose of the grant. If the grantee is found to be out of compliance with provisions of the contract, the grantee shall repay to the state general fund the principal amount of the grant plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the date of authorization of the grant.
(6) Projects funded in this section, including those that are owned and operated by nonprofit organizations, are generally required to pay state prevailing wages.
(7) The department must comply with the requirements set forth in executive order 21-02 and must consult with the department of archaeology and historic preservation and affected tribes on the potential effects of these projects on cultural resources and historic properties. Consultation with the department of archaeology and historic preservation and affected tribes must be initiated before project funds are made available.
(8) (($926,000 of the state building construction account—state))The appropriation in this section is provided solely for the following list of projects:
((Camp Waskowitz Restrooms (North Bend)))Sylvester Middle School
Restrooms (Burien). . . .$250,000
Mary's Place Burien Shelter ((COVID Updates))
(Seattle). . . .$550,000
Nordic Heritage Museum HVAC Renovation (Seattle). . . .$26,000
((Sherwood COVID Mitigation (Lake Stevens). . . .$100,000))
Appropriation:State Building Construction Account—State | . . . . | (($926,000)) |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
Sec. 7014. 2021 c 332 s 1094 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
Early Learning ((COVID-19)) Renovation Grants (91001681)
The appropriation in this section is subject to the following conditions and limitations:
(1) $8,500,000 of the ((coronavirus capital projects account—federal))state building construction account—state appropriation is provided solely for the Washington early learning loan fund to provide grants to early learning facilities for ((emergency)) renovation ((and)), remodeling ((changes in response to the public health emergency with respect to the coronavirus disease)), and expansion.
(2) The grants may not be used for operating expenditures, but must be used for capital needs to:
(a) Support increased social distancing requirements;
(b) Support increased health and safety measures;
(c) Provide increased outdoor space; or
(d) Increase or preserve early learning slots within a facility or community.
(3) Grant recipients must meet the requirements in RCW
43.31.575.
(4) Up to four percent of the funding in this appropriation may be used by the contractor to provide technical assistance to early learning providers interested in applying for the early learning facility grant or loan program.
Appropriation:((Coronavirus Capital Projects Account— Federal | . . . . | $8,500,000)) |
State Building Construction Account—State | . . . . | $8,500,000 |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
Sec. 7015. 2022 c 296 s 1019 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
2021-23 Weatherization Plus Health (40000150)
The appropriations in this section are subject to the following conditions and limitations:
(1) $5,000,000 of the state building construction account—state appropriation in this section is provided solely for grants for the Washington State University energy extension community energy efficiency program (CEEP) to support homeowners, tenants, and small business owners in making sound energy efficiency investments by providing consumer education and marketing, workforce support through training and lead generation, and direct consumer incentives for upgrades to existing homes and small commercial buildings. This is the maximum amount the department may expend for this purpose.
(2) The department, in collaboration with the Washington State University, shall make recommendations to the appropriate committees of the legislature on strategies to expand and align the weatherization program and the rural rehabilitation loan program. The department shall report the recommendations to the appropriate committees of the legislature and the governor by November 1, 2022. The recommendations must include strategies to:
(a) Recruit community energy efficiency program sponsors that are community-based organizations located in geographic areas of the state that have not received funding for low-income weatherization programs, targeting hard to reach market segments;
(b) Leverage funding from community energy efficiency program sponsors in an amount greater than or equal to the amount provided by the state through the weatherization program;
(c) Ensure that community energy efficiency program utility sponsors work with non-profit community-based organizations to deliver community energy efficiency program services; and
(d) Identify community energy efficiency program sponsors that support the conversion of space and water heating from fossil fuels to electricity, as part of a set of energy efficiency investments.
(3) If funding from this appropriation is used to purchase heating devices or systems, the agency shall, whenever possible and most cost effective, select devices and systems that do not use fossil fuels.
(4) (($69,766,000))$47,115,000 of the general fund—federal appropriation in this section is provided solely as expenditure authority for grant funding received by the department for the weatherization assistance program in section 40551 of P.L. 117-58 (infrastructure investment and jobs act), not to exceed the actual amount of grant funding awarded. Expenditure of the amount in this subsection is contingent on the receipt of this grant funding. ((If the department does not receive the grant funding by June 30, 2023, the expenditure authority in this section shall lapse.))
Appropriation:State Building Construction Account—State | . . . . | $10,000,000 |
General Fund—Federal | . . . . | (($69,766,000)) |
Capital Community Assistance Account—State | . . . . | $10,000,000 |
Subtotal Appropriation | . . . . | (($89,766,000)) |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $50,000,000 |
TOTAL | . . . . | (($139,766,000)) |
Sec. 7016. 2022 c 296 s 1041 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
2021-23 Broadband Office (92000953)
The appropriations in this section are subject to the following conditions and limitations:
(1)(a) The appropriations in this section are provided solely to the statewide broadband office for qualifying broadband infrastructure projects.
(b) Unless otherwise stated, eligible applicants for grants awarded under subsections (2) and (3) of this section are:
(i) Local governments, including ports and public utility districts;
(ii) Federally recognized tribes;
(iii) Nonprofit organizations;
(iv) Nonprofit cooperative organizations; and
(v) Multiparty entities comprised of a combination of public entity members or private entity members. A multiparty entity cannot be solely comprised of private entities.
(c) The department must prioritize eligible applications where the lead applicant is a public entity.
(d) Projects receiving grants under this section must:
(i) Demonstrate that the project site is under the applicant's control for a minimum of 25 years, either through ownership or a long-term lease; and
(ii) Commit to using the infrastructure funded by the grant for the purposes of providing broadband connectivity for a minimum of 25 years. (e) Unless otherwise stated, priority must be given to projects:
(i) Located in unserved areas of the state, which for the purposes of this section means areas of Washington in which households and businesses lack access to broadband service of speeds at a minimum of 100 megabits per second download and at a minimum 20 megabits per second upload;
(ii) Located in geographic areas of greatest priority for the deployment of broadband infrastructure to achieve the state's broadband goals, as provided in RCW
43.330.536, identified with department and board mapping tools; or
(iii) That construct last mile infrastructure, as defined in RCW
43.330.530. (f) Unless otherwise stated, appropriations may not be used for projects where a broadband provider currently provides, or has begun construction to provide, broadband service, as defined in RCW
43.330.530, to end users in the proposed project area.
(g) The appropriations must be used for projects that use a technology-neutral approach in order to expand access at the lowest cost to the most unserved or underserved residents.
(h)(i) The statewide broadband office must act as fiscal agent for the grants authorized in subsections (2) and (3) of this section.
(ii) No more than 1.5 percent of the funds appropriated for the program may be expended by the statewide broadband office for administration purposes.
(i) The statewide broadband office must impose grant or contract conditions to help ensure that any project funded under this section will result in an enduring public benefit, where feasible, for at least 25 years.
(2)(a) (($50,000,000))$27,591,000 of the state building construction account—state appropriation is provided solely to the statewide broadband office to award as grants to eligible applicants as match funds to leverage federal broadband infrastructure program funding.
(b)(i) For the purposes of this subsection (2), "state broadband infrastructure funders" are the state broadband office, the public works board, and the community economic revitalization board.
(ii) The statewide broadband office must develop a project evaluation process to assist in coordination among state broadband infrastructure funders to maximize opportunities to leverage federal funding and ensure efficient state investment. The project evaluation process must help determine whether a project is a strong candidate for a known federal funding opportunity and if a project can be packaged as part of a regional or other coordinated federal grant proposal. The state broadband infrastructure funders are encouraged to enter into a memorandum of understanding outlining how coordination will take place so that the process can help with a coordinated funding strategy across these entities.
(3)(a) $150,996,000 of the coronavirus state fiscal recovery fund—federal appropriation, $124,749,000 of the coronavirus capital projects account—federal appropriation, and $258,000 of the state building construction account—state appropriation are provided solely for grants to eligible applicants for qualifying broadband infrastructure projects.
(b)(i) Projects that receive grant funding under this subsection (3) must be eligible for funds under section 9901 of the American rescue plan act.
(ii) To ensure compliance with conditions of the federal coronavirus state fiscal recovery fund and coronavirus capital projects account, all expenditures of amounts appropriated in this subsection (3) must be obligated by December 31, 2024.
(c)(i) $5,000,000 of the appropriation in this subsection is provided for broadband equity and affordability grants.
(ii) Grants must be provided to eligible applicants located in areas:
(A) With existing broadband service with speeds at a minimum of 100 megabits per second download and at a minimum 20 megabits per second upload; and
(B) Where the state broadband office, in consultation with the department of equity, determine that access to existing broadband service is not affordable or equitable.
(iii) Eligible applicants for grants awarded under this subsection (3)(c) are:
(A) Local governments, including ports and public utility districts;
(B) Federally recognized tribes;
(C) Public school districts;
(D) Nonprofit organizations; and
(E) Multiparty entities comprised of public entity members to fund broadband deployment.
(d) $258,000 of the state building construction account—state appropriation in this subsection is provided solely for the Precision Agriculture and Broadband pilot project.
(e) $225,000 of the coronavirus capital projects account—federal appropriation in this subsection is provided solely for the Point Roberts rural broadband project.
(4) By January 30, 2022, and January 30, 2023, the statewide broadband office must develop and submit a report regarding the grants established in subsections (2) and (3) of this section to the office of financial management and appropriate fiscal committees of the legislature. The report must include:
(a) The total number of applications and amount of funding requested;
(b) A list and description of projects approved for grant funding in the preceding fiscal year;
(c) The total amount of grant funding that was disbursed during the preceding fiscal year;
(d) The total amount of funds obligated and timing of when the funds were obligated in the preceding fiscal year; and
(e) For projects funded in the prior biennium, the outcomes achieved by the approved projects.
(5) For eligible applicants providing service outside of their jurisdictional boundary, no more than three percent of the award amount may be expended for administration purposes.
Appropriation:State Building Construction Account—State | . . . . | (($50,258,000)) |
Coronavirus State Fiscal Recovery ((Account))Fund—Federal | . . . . | $150,996,000 |
Coronavirus Capital Projects Account—Federal | . . . . | $124,749,000 |
Subtotal Appropriation | . . . . | (($326,003,000)) |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($326,003,000)) |
Sec. 7017. 2022 c 296 s 1042 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
2022 Broadband Office (92001178)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely as expenditure authority for grant funding received by the department for the broadband equity, access, and deployment state grants program in section 60102 of P.L. 117-58 (infrastructure investment and jobs act), not to exceed the actual amount of grant funding awarded. Expenditure of the amount in this subsection is contingent on the receipt of this grant funding. ((If the department does not receive the grant funding by June 30, 2023, the expenditure authority in this subsection shall lapse.))
Appropriation:General Fund—Federal | . . . . | $50,000,000 |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
Sec. 7018. 2022 c 296 s 1017 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
2021-23 Library Capital Improvement Program (LCIP) Grants (40000147)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is provided solely for a local library capital improvement grant program for the following list of projects:
City of Colville. . . .$264,000
Sno-Isle Regional Inter-County Libraries (Langley). . . .$700,000
Stevens County Rural Library District (Loon Lake). . . .$649,000
Stevens County Rural Library District (Chewelah). . . .$90,000
North Olympic Library System (Sequim). . . .$2,000,000
Spokane County Library District (Spokane Valley). . . .$2,000,000
Jefferson County Rural Library District (Port Hadlock). . . .$285,000
Stevens County Rural Library District (Northport). . . .$50,000
North Central Regional Library (Wenatchee). . . .$798,000
City of Seattle. . . .$1,889,000
Pend Oreille County Library District (Metaline Falls). . . .$40,000
Upper Skagit Library District (Concrete). . . .$209,000
City of Cashmere. . . .$14,000
((Town of Coulee City. . . .$760,000))
Sno-Isle Regional Inter-County Libraries (Darrington). . . .$250,000
Fort Vancouver Regional Library Foundation (Woodland). . . .$2,000,000
City of Mount Vernon. . . .$2,000,000
Camas Library Improvements (Camas). . . .$515,000
Ephrata Public Library (Ephrata). . . .$91,000
Lake Stevens Early Learning Library (Lake Stevens). . . .$2,000,000
(2) The department must establish a competitive process to solicit proposals for and prioritize projects whose primary objective is to assist libraries operated by governmental units, as defined in RCW
27.12.010, in acquiring, constructing, repairing, or rehabilitating facilities.
(3) The department must establish a committee to develop the grant program criteria and review proposals. The committee must be composed of five members as provided in this subsection. The committee must include: (a) A representative from the department of commerce; (b) a representative from the department of archaeology and historic preservation; (c) the state librarian; (d) a representative from a library district; and (e) a representative from a municipal library.
(4) The department must conduct a statewide solicitation of project applications. The department must evaluate and rank applications in consultation with the committee established in subsection (3) of this section, using objective criteria. The ranking of projects must prioritize library district facilities listed on a local, state, or federal register of historic places and those located in distressed or rural counties. The evaluation and ranking process must also include an examination of existing assets that applicants propose to apply to projects. Grant assistance under this section may not exceed 50 percent of the total cost of the project. The nonstate portion of the total project cost may include cash, the value of real property when acquired solely for the purpose of the project, and in-kind contributions.
(5) The department must submit a prioritized list of recommended projects to the governor and the legislature by October 1, 2022, for inclusion in the department of commerce's 2023-2025 biennial capital budget request. The list must include a description of each project, the amount of recommended state funding, and documentation of nonstate funds to be used for the project. Individual grants may not exceed $2,000,000. The total amount of recommended state funding for the projects on a biennial project list may not exceed $10,000,000.
(6) In contracts for grants authorized under this section, the department must include provisions that require that capital improvements be held by the grantee for a specified period of time appropriate to the amount of the grant and that facilities be used for the express purpose of the grant. If the grantee is found to be out of compliance with provisions of the contract, the grantee must repay to the state general fund the principal amount of the grant plus interest calculated at the rate of interest on state of Washington general obligation bonds issued on the date most close in time to the date of authorization of the grant.
(7) The department must assist grant recipients under this section to apply for applicable competitive federal grant funding and, upon receipt of any such funding, an equal amount of the state building construction account—state appropriation must be placed in unallotted status.
Appropriation:State Building Construction Account—State | . . . . | (($16,604,000)) |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $30,000,000 |
TOTAL | . . . . | (($46,604,000)) |
Sec. 7019. 2021 c 332 s 1098 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
Emergency Repairs (30000041)
The appropriation in this section is subject to the following conditions and limitations:
(1) Emergency repair funding is provided solely to address unexpected building or grounds failures that will impact public health and safety and the day-to-day operations of the facility. To be eligible for funds from the emergency repair pool, a request letter for emergency funding signed by the affected agency director must be submitted to the office of financial management and the appropriate legislative fiscal committees. The request must include a statement describing the health and safety hazard and impacts to facility operations, the possible cause, the proposed scope of emergency repair work and related cost estimate, and identification of other funding that may be applied to the project.
(2) For emergencies occurring during a legislative session, an agency must notify the legislative fiscal committees before requesting emergency funds from the office of financial management.
(3) The office of financial management must notify the legislative evaluation and accountability program committee and the legislative fiscal committees as emergency projects are approved for funding and include what funded level was approved.
(4) The office of financial management must report quarterly, beginning October 1, 2021, on the funding approved by agency and by emergency to the fiscal committees of the legislature.
Appropriation:State Building Construction Account—State | . . . . | (($4,000,000)) |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $16,000,000 |
TOTAL | . . . . | (($20,000,000)) |
Sec. 7020. 2022 c 296 s 1056 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
Inflation and Contingency Fund (92001124)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is provided solely for inflationary cost increases of materials for state agency projects funded in an omnibus capital appropriations act that are currently active in the construction phase. Projects in the design phase are not eligible and must submit a budget decision package for the 2023 legislative session. ((The))Except as provided under subsection (6) of this section, the office of financial management shall allocate funds based on project necessity.
(2) To be eligible for funds from this inflation and contingency fund, a request letter signed by the affected agency director must be submitted to the office of financial management and the appropriate legislative fiscal committees. The request must include:
(a) A statement describing the unexpected costs;
(b) The ways the agency has already mitigated project costs; and
(c) The identification of other funding that may be applied to the project.
(3) For requests during a legislative session, an agency must notify the legislative fiscal committees before requesting these funds from the office of financial management.
(4) The office of financial management must notify the legislative evaluation and accountability program committee and the fiscal committees of the legislature as inflation and contingency funds are approved, including the approved funding level by fund type, and a copy of all the materials submitted in subsection (2) of this section.
(5) The office of financial management must report quarterly, beginning October 1, 2022, on the funding approved by agency, by project number, and type of funds authorized, to the fiscal committees of the legislature.
(6) $2,000,000 of the appropriation in this section is provided solely for Bellevue College to pay for cost increases to the Center for Transdisciplinary Learning and Innovation capital project. The requirements of subsection (2) do not apply to the project listed under this subsection.
Appropriation:Capital Community Assistance Account—State | . . . . | (($8,000,000)) |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($8,000,000)) |
NEW SECTION. Sec. 7021. A new section is added to 2022 c 296 (uncodified) to read as follows:
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Executive Guard Post One (40000448)
Appropriation:State Building Construction Account—State | . . . . | $740,000 |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
Sec. 7022. 2022 c 296 s 1059 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Legislative Campus Modernization (92000020)
The appropriations in this section are subject to the following conditions and limitations:
(1) The reappropriations are subject to the provisions of section 6024 of this act.
(2) The department must consult with the senate facilities and operations committee or its designee(s) and the house of representatives executive rules committee or its designee(s) at least every other month.
(3) $11,585,000 of the Thurston county capital facilities account—state appropriation is provided solely for the global legislative campus modernization subproject, which includes, but is not limited to, modular building leases or purchases and associated costs, site development work on campus to include Columbia street, stakeholder outreach, and historic mitigation for the project.
(4) $69,037,000 of the amount provided in this section is provided solely for Irv Newhouse building replacement design and construction subproject on opportunity site six.
(a) The department must:
(i) Have a design contractor selected by September 1, 2021;
(ii) Start design validation by October 1, 2021; and
(iii) Start design by December 1, 2021.
(b) The design and construction must result in:
(i) A high performance building that meets net-zero-ready energy standards, with an energy use intensity of no greater than 35;
(ii) Sufficient program space required to support senate offices and support functions;
(iii) A building façade similar to the American neoclassical style with a base, shaft, and capitol expression focus with some relief expressed in modern construction methods to include adding more detailing and depth to the exterior so that it will fit with existing legislative buildings on west capitol campus, like the John Cherberg building;
(iv) Member offices of similar size as member offices in the John A. Cherberg building;
(v) Demolition of the buildings located on opportunity site six;
(vi) Consultation with the leadership of the senate, or their designee(s), at least every month, effective July 1, 2021; and
(vii) Ensure the subproject meets legislative intent to complete design by April 30, 2023, and start construction by September 1, 2023.
(5) $8,538,000 of the amount provided in this section is provided solely for the Pritchard building and the John L. O'Brien renovation design subproject. The design contractor must be selected by September 1, 2022, and the design must result in:
(a) A high performance building that meets net-zero-ready energy standards, with an energy use intensity of no greater than 35;
(b) Sufficient program space required to support house of representatives offices and support functions; and
(c) Additional office space in the Pritchard building necessary to offset house of representatives members and staff office space that will be eliminated in the renovation of the third and fourth floors of the John L. O'Brien building.
(6) All appropriations must be coded and tracked as separate discrete subprojects in the agency financial reporting system.
(7) The state capitol committee, in consultation with capitol campus design advisory committee, may review architectural design proposals for continuity with the 2006 master plan for the capitol of the state of Washington and 2009 west capitol campus historic landscape preservation and vegetation management plan. As part of planning efforts, the state capitol committee may conduct a review of current design criteria and standards.
(8) The Irv Newhouse building replacement and Pritchard building designs should include an analysis of comprehensive impacts to the campus and the surrounding neighborhood, an evaluation of future workforce projections and an analysis of traffic impacts, parking needs, visual buffers, and campus aesthetics. The designs should include a public engagement process including the capitol campus design advisory committee and state capitol committee.
(9) $180,000 of the appropriation in this section is provided solely for the department to conduct a preservation study of the Pritchard building as a continuation of the predesign in section 6024 of this act. The study must include an analysis of seismic, geotechnical, building codes, constructability, and costs associated with renovation and expansion of the Pritchard building to accommodate tenant space needs. The department shall contract with a third-party historic preservation specialist to ensure the study is in compliance with the secretary of the interior's standards and any other applicable standards for historic rehabilitation. The study must include a public engagement process including the capitol campus design advisory committee and state capitol committee. The study is subject to review and approval by the state capitol committee by March 31, 2022, to inform the design of a renovation, expansion, or replacement of the Pritchard building.
(10) The department may sell by auction the Ayers and Carlyon houses, known as the press houses, separate and apart from the underlying land, subject to the following conditions:
(a) The purchaser, at its sole cost and expense, must remove the houses by December 31, 2021;
(b) The state is not responsible for any costs or expenses associated with the sale, removal, or relocation of the buildings from opportunity site six; and
(c) Any sale proceeds must be deposited into the Thurston county capital facilities account.
(11) Implementation of subsections (7) through (10) of this section is not intended to delay the design and construction of any of the subprojects included in the legislative campus modernization project.
(12) If the department receives information that projected costs for any of the subprojects in subsections (3), (4), or (5) of this section will exceed the amount provided in the respective subsections and the future biennia projected costs, the department must timely notify and provide that information in writing to the project executive team committee. ((The))Prior to proceeding with design or construction, the department must ((provide)):
(a) Provide at least ((two))three options to reduce subproject costs to stay within the amount provided for that subproject and ((to stay)) on the project schedule((. Before));
(b) Consult with the project executive team on the options offered, prior to proceeding with a reduced cost option((, the department must consult with the project executive team committee. The project executive team must reach majority consensus to either move forward with a lower cost option or to request additional capital budget funding)); and
(c) Receive majority consensus from the project executive team to either adopt and move forward with reduced cost options that bring the subproject costs within amounts appropriated or adopt a tentative modified budget for the subproject. If a tentative modified budget is adopted, the department must seek additional funding in the next agency budget submittal.
Reappropriation:State Building Construction Account—State | . . . . | $9,900,000 |
Appropriation:State Building Construction Account—State | . . . . | $67,855,000 |
Thurston County Capital Facilities Account—State | . . . . | $11,585,000 |
Subtotal Appropriation | . . . . | $79,440,000 |
Prior Biennia (Expenditures) | . . . . | $596,000 |
Future Biennia (Projected Costs) | . . . . | $130,034,000 |
Sec. 7023. 2022 c 296 s 2004 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Fircrest School-Nursing Facilities: Replacement (30002755)
The appropriations in this section are subject to the following conditions and limitations:
(1) It is the intent of the legislature to further the recommendations of the December 2019 report from the William D. Ruckleshaus center to redesign the intermediate care facility of the Fircrest Residential Habilitation Center to function as short-term crisis stabilization and intervention. It is also the intent of the legislature to concentrate the footprint of the Fircrest Residential Habilitation Center on the northern portion of the property. ((As a result, $7,750,000 of the appropriation in this section is provided solely for design of a 120-bed nursing facility.
(2) $2,243,000 of the appropriation is provided solely to relocate the adult training program to a different location on the Fircrest Rehabilitation Center campus. The department must consider the proposal to redesign the facility as a short-term crisis stabilization and intervention when devising options for relocation of the adult training program and submit a report of these options to the legislature no later than December 1, 2022.
(3)))(2) The department must seek input from individuals with intellectual and developmental disabilities, including the residents at Fircrest and their families or guardians, in design of a nursing facility.
Reappropriation:State Building Construction Account—State | . . . . | $58,000 |
Appropriation:State Building Construction Account—State | . . . . | $9,993,000 |
Prior Biennia (Expenditures) | . . . . | $184,000 |
Future Biennia (Projected Costs) | . . . . | $0 |
Sec. 7024. 2021 c 332 s 2032 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Western State Hospital: Wards Renovations for Forensic Services (40000026)
Reappropriation:State Building Construction Account—State | . . . . | (($1,770,000)) |
Prior Biennia (Expenditures) | . . . . | $8,790,000 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($10,560,000)) |
Sec. 7025. 2021 c 332 s 2039 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Special Commitment Center: Strategic Master Plan (40000394)
Appropriation:Charitable, Educational, Penal, and Reformatory Institutions Account—State | . . . . | (($250,000)) |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
NEW SECTION. Sec. 7026. A new section is added to 2022 c 296 (uncodified) to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
ESH FSU Chiller Replacement (40001136)
Appropriation:State Building Construction Account—State | . . . . | $600,000 |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
NEW SECTION. Sec. 7027. A new section is added to 2022 c 296 (uncodified) to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Child Study & Treatment Center – Youth Housing (91000084)
Appropriation:State Building Construction Account—State | . . . . | $350,000 |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
Sec. 7028. 2021 c 332 s 2059 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Community Nursing Care Homes (92000042)
(1) It is the intent of the legislature to further the recommendations of the December 2019 report from the William D. Ruckleshaus center to redesign intermediate care facilities of the residential habilitation centers to function as short-term crisis stabilization and intervention by constructing smaller, nursing care homes in community settings to care for individuals with intellectual and developmental disabilities.
(2) (($300,000 of the))The appropriation in this section is provided solely to complete a predesign of community nursing care homes to provide nursing facility level of care to individuals with intellectual and developmental disabilities. The predesign must include options for four or five individual facilities with a minimum of four beds in each and for an individual facility with a minimum of 30 beds.
(3) The department shall provide recommendations for where these community nursing care homes should be located geographically in the state and an analysis of the costs associated with operating these homes. The department shall submit a report of this information to the governor and the appropriate committees of the legislature no later than December 1, 2021.
Appropriation:State Building Construction Account—State | . . . . | (($300,000)) |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
NEW SECTION. Sec. 7029. A new section is added to 2022 c 296 (uncodified) to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Maple Lane - Rapid BH Bed Capacity (92000046)
Appropriation:State Building Construction Account—State | . . . . | $800,000 |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
Sec. 7030. 2021 c 332 s 2067 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF HEALTH
Othello Water Supply and Storage (40000008)
Reappropriation:State Building Construction Account—State | . . . . | (($965,000)) |
Prior Biennia (Expenditures) | . . . . | $585,000 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($1,550,000)) |
Sec. 7031. 2022 c 296 s 2037 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
WCC: Interim Mental Health Building (40000260)
Appropriation:State Building Construction Account—State | . . . . | $1,275,000 |
Capital Community Assistance Account—State | . . . . | $672,000 |
Subtotal Appropriation | . . . . | $1,947,000 |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($1,275,000)) |
Sec. 7032. 2021 c 332 s 3002 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Low-Level Nuclear Waste Disposal Trench Closure (19972012)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3002, chapter 3, Laws of 2015 3rd sp. sess.
Reappropriation:Site Closure Account—State | . . . . | (($8,472,000)) |
Prior Biennia (Expenditures) | . . . . | $4,930,000 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($13,402,000)) |
Sec. 7033. 2021 c 332 s 3010 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Remedial Action Grant Program (30000216)
Reappropriation:Model Toxics Control Capital Account—State | . . . . | (($17,040,000)) |
Prior Biennia (Expenditures) | . . . . | $45,824,000 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($62,864,000)) |
Sec. 7034. 2021 c 332 s 3019 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Remedial Action Grants (30000374)
Reappropriation:Model Toxics Control Capital Account—State | . . . . | (($9,357,000)) |
Prior Biennia (Expenditures) | . . . . | $53,180,000 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($62,537,000)) |
Sec. 7035. 2021 c 332 s 3021 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Eastern Washington Clean Sites Initiative (30000432)
Reappropriation:Model Toxics Control Capital Account—State | . . . . | (($7,444,000)) |
Prior Biennia (Expenditures) | . . . . | $2,456,000 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($9,900,000)) |
Sec. 7036. 2021 c 332 s 3022 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Remedial Action Grants (30000458)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3011, chapter 35, Laws of 2016 sp. sess.
Reappropriation:Model Toxics Control Capital Account—State | . . . . | (($8,711,000)) |
State Building Construction Account—State | . . . . | (($14,081,000)) |
Subtotal Reappropriation | . . . . | (($22,792,000)) |
Prior Biennia (Expenditures) | . . . . | $29,955,000 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($52,747,000)) |
Sec. 7037. 2021 c 332 s 3024 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Stormwater Financial Assistance Program (30000535)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3012, chapter 35, Laws of 2016 sp. sess.
Reappropriation:Model Toxics Control Stormwater Account—State | . . . . | (($22,444,000)) |
Prior Biennia (Expenditures) | . . . . | $8,757,000 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($31,201,000)) |
Sec. 7038. 2021 c 332 s 3026 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Floodplains by Design (30000537)
Reappropriation:State Building Construction Account—State | . . . . | (($10,094,000)) |
Prior Biennia (Expenditures) | . . . . | $25,466,000 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($35,560,000)) |
Sec. 7039. 2021 c 332 s 3027 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
ASARCO Cleanup (30000538)
Reappropriation:Cleanup Settlement Account—State | . . . . | (($1,982,000)) |
Prior Biennia (Expenditures) | . . . . | $10,164,000 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($12,146,000)) |
Sec. 7040. 2021 c 332 s 3028 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Cleanup Toxics Sites - Puget Sound (30000542)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3013, chapter 35, Laws of 2016 sp. sess.
Reappropriation:Model Toxics Control Capital Account—State | . . . . | (($6,379,000)) |
Prior Biennia (Expenditures) | . . . . | $8,002,000 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($14,381,000)) |
Sec. 7041. 2021 c 332 s 3031 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Yakima River Basin Water Supply (30000590)
The reappropriation in this section is subject to the following conditions and limitations:
(((1))) The reappropriations are subject to the provisions of section 3070, chapter 3, Laws of 2015 3rd sp. sess.((, except as provided in subsection (2) of this section.
(2)(a) $3,250,000 of the appropriation in this section is provided solely for the acquisition of real property in lower Kittitas county known as the Eaton Ranch property by the state through the department of enterprise services on behalf of the department. This appropriation is provided to fund the closing, project, and transaction costs related to the acquisition of the property. The departments must expedite the review and execution of the transaction by June 30, 2022. It is the intent of the legislature that the state hold the property until a transfer to the United States bureau of reclamation for the purposes of construction of a water supply reservoir in accordance with the Yakima Basin integrated plan, or until such purpose is declared by the bureau no longer feasible.
(b) The legislature recognizes and declares that the acquisition of a portion of the Eaton Ranch for the construction of a water supply reservoir in accordance with the goals and objectives of the Yakima Basin integrated plan is a unique circumstance and the Eaton Ranch property offers special and essential features that are expected to yield broad public benefit to the state. It is the intent of the legislature that the department provide the necessary funding through subsequent funding requests to maintain and principally operate the land for grazing of livestock with the local conservation district, or an equivalent organization, until a transfer of the property to the United States bureau of reclamation)).
Reappropriation:State Taxable Building Construction Account— State | . . . . | (($3,564,000)) |
Prior Biennia (Expenditures) | . . . . | $26,436,000 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($30,000,000)) |
Sec. 7042. 2021 c 332 s 3037 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
2017-19 Centennial Clean Water Program (30000705)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3009, chapter 2, Laws of 2018.
Reappropriation:State Building Construction Account—State | . . . . | (($17,403,000)) |
Prior Biennia (Expenditures) | . . . . | $17,597,000 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($35,000,000)) |
Sec. 7043. 2021 c 332 s 3038 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Floodplains by Design 2017-19 (30000706)
Reappropriation:State Building Construction Account—State | . . . . | (($24,036,000)) |
Prior Biennia (Expenditures) | . . . . | $11,428,000 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($35,464,000)) |
Sec. 7044. 2021 c 332 s 3039 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
2017-19 Remedial Action Grants (30000707)
Reappropriation:Model Toxics Control Capital Account—State | . . . . | (($3,261,000)) |
Prior Biennia (Expenditures) | . . . . | $2,616,000 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($5,877,000)) |
Sec. 7045. 2021 c 332 s 3048 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
2015-17 Restored Clean Up Toxic Sites - Puget Sound (30000763)
Reappropriation:State Building Construction Account—State | . . . . | (($2,155,000)) |
Prior Biennia (Expenditures) | . . . . | $3,085,000 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($5,240,000)) |
Sec. 7046. 2021 c 332 s 3069 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Healthy Housing Remediation Program (40000149)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3085, chapter 413, Laws of 2019.
Reappropriation:Model Toxics Control Capital Account—State | . . . . | (($5,000,000)) |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($5,000,000)) |
Sec. 7047. 2021 c 332 s 3072 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
2019-21 Yakima River Basin Water Supply (40000179)
((The reappropriation in this section is subject to the following conditions and limitations:
(1) $3,250,000 of the appropriation in this section is provided solely for the acquisition of real property in lower Kittitas county known as the Eaton Ranch property by the state through the department of enterprise services on behalf of the department. This appropriation is provided to fund the closing, project, and transaction costs related to the acquisition of the property. The departments must expedite the review and execution of the transaction by June 30, 2022. It is the intent of the legislature that the state hold the property until a transfer to the United States bureau of reclamation for the purposes of construction of a water supply reservoir in accordance with the Yakima Basin integrated plan, or until such purpose is declared by the bureau no longer feasible.
(2) The legislature recognizes and declares that the acquisition of a portion of the Eaton Ranch for the construction of a water supply reservoir in accordance with the goals and objectives of the Yakima Basin integrated plan is a unique circumstance and the Eaton Ranch property offers special and essential features that are expected to yield broad public benefit to the state. It is the intent of the legislature that the department provide the necessary funding through subsequent funding requests to maintain and principally operate the land for grazing of livestock with the local conservation district, or an equivalent organization, until a transfer of the property to the United States bureau of reclamation.))
Reappropriation:State Building Construction Account—State | . . . . | (($26,212,000)) |
Prior Biennia (Expenditures) | . . . . | $13,788,000 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($40,000,000)) |
Sec. 7048. 2021 c 332 s 3078 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
2019-21 Remedial Action Grants (40000211)
Reappropriation:Model Toxics Control Capital Account—State | . . . . | (($46,763,000)) |
Prior Biennia (Expenditures) | . . . . | $3,201,000 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($49,964,000)) |
Sec. 7049. 2022 c 296 s 3003 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
2021-23 Water Pollution Control Revolving Program (40000337)
The appropriations in this section are subject to the following conditions and limitations: $33,000,000 of the water pollution control revolving—federal appropriation in this section is provided solely as expenditure authority for grant funding received by the department for the clean water state revolving fund program in section 50210 of P.L. 117-58 (infrastructure investment and jobs act), not to exceed the actual amount of grant funding awarded. Expenditure of the amount in this section is contingent on the receipt of this grant funding. ((If the department does not receive the grant funding by June 30, 2023, the expenditure authority in this section shall lapse.))
Appropriation:Water Pollution Control Revolving Fund—State | . . . . | $225,000,000 |
Water Pollution Control Revolving Fund—Federal | . . . . | (($108,000,000)) |
Subtotal Appropriation | . . . . | (($333,000,000)) |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $1,200,000,000 |
TOTAL | . . . . | (($1,533,000,000)) |
Sec. 7050. 2021 c 332 s 3094 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
2021-23 Healthy Housing Remediation Program (40000378)
The appropriation in this section is subject to the following conditions and limitations:
(1)(a) (($10,161,000))$9,822,000 of the appropriation in this section is provided solely for the department to establish and administer a program to:
(i) Provide grants or other public funding to persons intending to remediate contaminated real property for development of affordable housing, as defined in RCW
43.185A.010. The grants or public funding may only be used for:
(A) Integrated planning to fund studies and other activities necessary to facilitate the acquisition, remediation, and adaptive reuse of known or suspected contaminated real property for affordable housing development, including:
(I) The activities specified under RCW
70A.305.190(5)(d); and
(II) Entry into development agreements pursuant to RCW
36.70B.170,
36.70B.180, and
36.70B.190 to accelerate the development of the contaminated real property into affordable housing; and
(B) Remediation of contaminated real property for affordable housing development; or
(ii) Remediate contaminated real property where a person intends to develop affordable housing, as defined in RCW
43.185A.010.
(b) When evaluating projects under this section, the department must consult with the department of commerce and consider at a minimum:
(i) The ability of the project to expedite the cleanup and reuse of the contaminated real property for affordable housing development;
(ii) The extent to which the project leverages other public or private funding for the cleanup and reuse of the contaminated real property for affordable housing development;
(iii) The suitability of the real property for affordable housing based on the threat posed by the contamination to human health;
(iv) Whether the work to be funded is ready to proceed and be completed; and
(v) The distribution of funding throughout the state and among public and private entities.
(c) Any remediation of contaminated real property funded under this section must be performed:
(i) Under an agreed order or consent decree issued under chapter
70A.305 RCW or by the department; and
(ii) In accordance with the rules established under chapter
70A.305 RCW.
(d) Real property remediated under this section must be restricted to affordable housing use for a period of no less than 30 years.
(i) To ensure that real property remediated under this section is used for affordable housing, the department may file a lien against the real property pursuant to RCW
70A.305.060, require the person to record an interest in the real property in accordance with RCW
64.04.130, or use other means deemed by the department to be no less protective of the affordable housing use and interests of the department.
(ii) Any person who refuses, without sufficient cause, to comply with this subsection is subject to enforcement pursuant to any agreement or chapter
70A.305 RCW for the repayment, with interest, of funds provided or expended by the department under this section.
(2) $750,000 of the appropriation in this section is provided solely to mitigate soil contamination of toxic substances to enable the development of affordable housing, at the former University of Washington Mount Baker site, located at 2901 27th Ave South in Seattle and consisting of approximately four acres of land.
Appropriation:Model Toxics Control Capital Account—State | . . . . | (($10,911,000)) |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $40,000,000 |
TOTAL | . . . . | (($50,911,000)) |
Sec. 7051. 2021 c 332 s 3097 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
2021-23 Coastal Wetlands Federal Funds (40000388)
Appropriation:General Fund—Federal | . . . . | (($8,000,000)) |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $32,000,000 |
TOTAL | . . . . | (($40,000,000)) |
Sec. 7052. 2022 c 296 s 3010 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
2021-23 Water Banking (91000373)
The appropriations in this section are subject to the following conditions and limitations:
(1)(a) The appropriations in this section are provided solely for the department to administer a pilot grant program for water banking strategies to meet local water needs.
(b) $2,000,000 is provided solely for qualified applicants located within the Methow River Basin.
(2)(a) Grant awards may only be used for:
(i) Development of water banks in rural counties as defined in RCW
82.14.370(5);
(ii) Acquisition of water rights appropriate for use in a water bank including all costs necessary to evaluate the water right for eligibility for its intended use; and
(iii) Activities necessary to facilitate the creation of a water bank.
(b) For applicants located outside of the Methow River Basin, grant awards may only be used for the development of water banks in rural counties that have the headwaters of a major watershed within their borders and only for water banking strategies within the county of origin. For purposes of this section, "major watershed" has the same meaning as shoreline of statewide significance in RCW
90.58.030(2)(f)(v) (A) and (B).
(3) Grant awards may not exceed $2,000,000 per applicant.
(4) For the purposes of a grant pursuant to this section, a water bank must meet water needs, which include, but are not limited to, agricultural use and instream flow for fish and wildlife. The water bank must preserve water rights for use in the county of origin and for permanent instream flows for fish and wildlife through the primary and secondary reaches of the water right.
(5) To be eligible to receive a grant under this section, an applicant must:
(a) Be a public entity or a participant in a public-private partnership with a public entity;
(b) Exhibit sufficient expertise and capacity to develop and maintain a water bank consistent with the purposes of this appropriation;
(c) Secure a valid interest to purchase a water right;
(d) Show that the water rights appear to be adequate for the intended use; and
(e) Agree to have one-third of any water right purchased with the funds appropriated under this section to have its purpose of use changed permanently to instream flow benefiting fish and wildlife.
(6) ((If the amounts provided in subsection (1)(b) of this section are not obligated by June 30, 2023, the water banking pilot program established in this section is null and void, and funding is not reappropriated.))In determining whether a grant request is eligible for funding under this section, the department may not disqualify proposals that purchase water rights from an existing water bank.
Appropriation:State Building Construction Account—State | . . . . | $5,000,000 |
State Drought Preparedness ((and Response)) Account—State | . . . . | $9,000,000 |
Subtotal Appropriation | . . . . | $14,000,000 |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
NEW SECTION. Sec. 7053. A new section is added to 2022 c 296 (uncodified) to read as follows:
FOR THE RECREATION AND CONSERVATION OFFICE
2021-23 Salmon Recovery Investment from Operating (40000069)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for the salmon recovery board to provide grants for projects valued at greater than $5,000,000 each that will benefit salmon recovery.
Appropriation:Salmon Recovery Account—State | . . . . | $50,000,000 |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
NEW SECTION. Sec. 7054. A new section is added to 2022 c 296 (uncodified) to read as follows:
FOR THE RECREATION AND CONSERVATION OFFICE
2021-23 Grants for Watershed Projects from Operating (40000070)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for the salmon recovery board to provide grants for watershed projects typically valued at less than $5,000,000 each that will benefit salmon recovery.
Appropriation:Salmon Recovery Account—State | . . . . | $25,000,000 |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
NEW SECTION. Sec. 7055. A new section is added to 2022 c 296 (uncodified) to read as follows:
FOR THE RECREATION AND CONSERVATION OFFICE
2021-23 Duckabush Estuary Restoration Project from Operating (40000071)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for the office to provide a grant for the Duckabush estuary restoration project.
Appropriation:Salmon Recovery Account—State | . . . . | $25,000,000 |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
NEW SECTION. Sec. 7056. A new section is added to 2022 c 296 (uncodified) to read as follows:
FOR THE STATE CONSERVATION COMMISSION
Riparian Restoration with Landowners (91000020)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for the commission to provide grants for riparian restoration projects with landowners.
Appropriation:Salmon Recovery Account—State | . . . . | $10,000,000 |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
NEW SECTION. Sec. 7057. A new section is added to 2022 c 296 (uncodified) to read as follows:
FOR THE STATE CONSERVATION COMMISSION
2021-23 Conservation Reserve Enhancement from Operating (40000038)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for the purposes of the conservation reserve enhancement program, including additional project management and cost-share funding.
Appropriation:Salmon Recovery Account—State | . . . . | $5,000,000 |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
NEW SECTION. Sec. 7058. A new section is added to 2022 c 296 (uncodified) to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
Upper Columbia River Salmon Reintroduction from Operating (40000266)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for the department to provide grants and coordinate with the tribes of the upper Columbia River to reintroduce Chinook salmon.
Appropriation:Salmon Recovery Account—State | . . . . | $3,000,000 |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
Sec. 7059. 2021 c 332 s 3295 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF NATURAL RESOURCES
Port Angeles Storm Water Repair (40000015)
Appropriation:Model Toxics Control Stormwater Account—State | . . . . | (($1,020,000)) |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($1,020,000)) |
NEW SECTION. Sec. 7060. A new section is added to 2022 c 296 (uncodified) to read as follows:
FOR THE DEPARTMENT OF NATURAL RESOURCES
Forestry Riparian Easement Program from Operating (40000376)
Appropriation:Salmon Recovery Account—State | . . . . | $5,000,000 |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
Sec. 7061. 2022 c 296 s 5004 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
2021-23 School Construction Assistance Program (40000034)
The appropriations in this section are subject to the following conditions and limitations:
(1) (($537,824,000))$432,005,000 of the appropriation in this section is provided solely for school construction assistance grants for qualifying public school construction projects.
(2) (($2,836,000))$3,403,000 of the appropriation in this section is provided solely for study and survey grants and for completing inventory and building condition assessments for public school districts every six years.
(3) $20,000 of the appropriations in this section is provided solely for the Sunnyside School District for the transfer of the Yakima Valley Technical Skills Center Sunnyside Satellite Campus and its related property and equipment.
Appropriation:State Building Construction Account—State | . . . . | (($505,306,000)) |
Common School Construction Account—State | . . . . | $29,374,000 |
Common School Construction Account—Federal | . . . . | $6,000,000 |
Subtotal Appropriation | . . . . | (($540,680,000)) |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $3,899,490,000 |
TOTAL | . . . . | (($4,440,170,000)) |
Sec. 7062. 2022 c 296 s 5028 (uncodified) is amended to read as follows:
FOR WESTERN WASHINGTON UNIVERSITY
Electrical Engineering/Computer Science Building (30000872)
The appropriations in this section are subject to the following conditions and limitations:
(1) The reappropriation is subject to the provisions of section 5089, chapter 413, Laws of 2019.
(2) The University may pursue the living building challenge petal certification for this project instead of the LEED silver certification required by RCW
39.35D.030.
Reappropriation:State Building Construction Account—State | . . . . | $500,000 |
Appropriation:Capital Community Assistance Account—State | . . . . | $1,863,000 |
State Building Construction Account—State | . . . . | $51,000,000 |
Western Washington University Capital Projects Account—State | . . . . | $1,500,000 |
Subtotal Appropriation | . . . . | (($52,500,000)) |
Prior Biennia (Expenditures) | . . . . | $1,500,000 |
Future Biennia (Projected Costs) | . . . . | $0 |
TOTAL | . . . . | (($54,500,000)) |
Sec. 7063. 2022 c 296 s 7002 (uncodified) is amended to read as follows:
ACQUISITION OF PROPERTIES AND FACILITIES THROUGH FINANCIAL CONTRACTS.(1) The following agencies may enter into financial contracts, paid from any funds of an agency, appropriated or nonappropriated, for the purposes indicated and in not more than the principal amounts indicated, plus financing expenses and required reserves pursuant to chapter
39.94 RCW. When securing properties under this section, agencies shall use the most economical financial contract option available, including long-term leases, lease-purchase agreements, lease-development with option to purchase agreements or financial contracts using certificates of participation. Expenditures made by an agency for one of the indicated purposes before the issue date of the authorized financial contract and any certificates of participation therein are intended to be reimbursed from proceeds of the financial contract and any certificates of participation therein to the extent provided in the agency's financing plan approved by the state finance committee.
(2) Those noninstructional facilities of higher education institutions authorized in this section to enter into financial contracts are not eligible for state funded maintenance and operations. Instructional space that is available for regularly scheduled classes for academic transfer, basic skills, and workforce training programs may be eligible for state funded maintenance and operations.
(3) Secretary of state: Enter into a financing contract for up to $119,000,000 plus financing expenses ((
and))
, required reserves
, and capitalized interest pursuant to chapter
39.94 RCW to construct a new library-archives building.
(4) Washington state patrol: Enter into a financing contract for up to $7,706,000 plus financing expenses and required reserves pursuant to chapter
39.94 RCW to construct a burn building for live fire training.
(5) Department of social and health services: Enter into a financing contract for up to ((
$115,700,000))
$175,888,000 plus costs and financing expenses ((
and))
, required reserves
, and capitalized interest pursuant to chapter
39.94 RCW to construct a nursing facility on the fircrest residential habilitation center campus. The department may contract to lease develop or lease purchase the facility. Before entering into a contract, the department must consult with the office of financial management and the office of the state treasurer. Should the department of social and health services choose to use a financing contract that does not provide for the issuance of certificates of participation, the financing contract shall be subject to approval by the state finance committee as required by RCW
39.94.010. In approving a financing contract not providing for the use of certificates of participation, the state finance committee should be reasonably certain that the contract is excluded from the computation of indebtedness, particularly that the contract is not backed by the full faith and credit of the state and the legislature is expressly not obligated to appropriate funds to make payments. For purposes of this subsection, "financing contract" includes but is not limited to a certificate of participation and tax exempt financing similar to that authorized in RCW
47.79.140.
(6) Community and technical colleges:
(a) Enter into a financing contract on behalf of Grays Harbor College for up to $3,200,000 plus financing expenses and required reserves pursuant to chapter
39.94 RCW to construct a student services and instructional building.
(b) Enter into a financing contract on behalf of Shoreline Community College for up to $3,128,000 plus financing expenses and required reserves pursuant to chapter
39.94 RCW to construct an allied health, science, and manufacturing replacement building.
(c) Enter into a financing contract on behalf of South Puget Sound Community College for up to $5,000,000 plus financing expenses and required reserves pursuant to chapter
39.94 RCW to renovate a health education building.
(d) Enter into a financing contract on behalf of Bates Technical College for up to $1,350,000 plus financing expenses and required reserves pursuant to chapter
39.94 RCW to purchase land and facilities.
(7) The department of ecology: Enter into a financing contract for up to $3,797,000 plus financing expenses and required reserves pursuant to chapter
39.94 RCW for the Lacey headquarters parking garage preservation project.
Sec. 7064. 2022 c 296 s 2030 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF VETERANS AFFAIRS
DVA ARPA Federal Funds & State Match (91000013)
The appropriations in this section are subject to the following conditions and limitations:
(1) The department is granted federal expenditure authority in anticipation of the receipt of federal competitive grant funding for which it is eligible to apply under section 8004 of the American rescue plan act of 2021, P.L. 117-2.
(2) Funding appropriated in this section must be used for projects in the following priority order:
(a) The WVH HVAC Retrofit project (40000006); and
(b) Minor works projects that meet the requirements set forth in section 8004 of the American rescue plan act of 2021, P.L. 117-2.
(3) The state building construction account—state appropriation in this section is provided solely for state match funds to leverage the federal funding described in subsection (1) of this section. Any amount that exceeds the level of state match funds required to maximize the federal funding opportunity must be placed in unallotted status.
Appropriation:General Fund—Federal | . . . . | $24,515,000 |
State Building Construction Account—State | . . . . | $10,884,000 |
Subtotal Appropriation | . . . . | $35,399,000 |
Prior Biennia (Expenditures) | . . . . | $0 |
Future Biennia (Projected Costs) | . . . . | $0 |
NEW SECTION. Sec. 7065. The following acts or parts of acts are each repealed:
(1) 2022 c 296 s 1012 (uncodified);
(2) 2022 c 296 s 1013 (uncodified); and
(3) 2021 c 332 s 3111 (uncodified).
(End of part)
PART 8
MISCELLANEOUS PROVISIONS
NEW SECTION. Sec. 8001. RCW 43.88.031 requires the disclosure of the estimated debt service costs associated with new capital bond appropriations. The estimated debt service costs for the appropriations contained in this act are $59,934,000 for the 2023-2025 biennium, $371,683,000 for the 2025-2027 biennium, and $519,454,000 for the 2027-2029 biennium. NEW SECTION. Sec. 8002. ACQUISITION OF PROPERTIES AND FACILITIES THROUGH FINANCIAL CONTRACTS.
(1) The following agencies may enter into financial contracts, paid from any funds of an agency, appropriated or nonappropriated, for the purposes indicated and in not more than the principal amounts indicated, plus financing expenses and required reserves pursuant to chapter 39.94 RCW. When securing properties under this section, agencies shall use the most economical financial contract option available, including long-term leases, lease-purchase agreements, lease-development with option to purchase agreements or financial contracts using certificates of participation. Expenditures made by an agency for one of the indicated purposes before the issue date of the authorized financial contract and any certificates of participation therein are intended to be reimbursed from proceeds of the financial contract and any certificates of participation therein to the extent provided in the agency's financing plan approved by the state finance committee. (2) Those noninstructional facilities of higher education institutions authorized in this section to enter into financial contracts are not eligible for state funded maintenance and operations. Instructional space that is available for regularly scheduled classes for academic transfer, basic skills, and workforce training programs may be eligible for state funded maintenance and operations.
(3) Secretary of state: Enter into a financing contract for up to $119,000,000 plus financing expenses, required reserves, and capitalized interest pursuant to chapter
39.94 RCW to construct a new library-archives building.
(4) Department of social and health services: Enter into a financing contract for up to $175,888,000 plus costs and financing expenses, required reserves, and capitalized interest pursuant to chapter
39.94 RCW to construct a nursing facility on the Fircrest residential habilitation center campus. The department may contract to lease develop or lease purchase the facility. Before entering into a contract, the department must consult with the office of financial management and the office of the state treasurer. Should the department of social and health services choose to use a financing contract that does not provide for the issuance of certificates of participation, the financing contract shall be subject to approval by the state finance committee as required by RCW
39.94.010. In approving a financing contract not providing for the use of certificates of participation, the state finance committee should be reasonably certain that the contract is excluded from the computation of indebtedness, particularly that the contract is not backed by the full faith and credit of the state and the legislature is expressly not obligated to appropriate funds to make payments. For purposes of this subsection, "financing contract" includes but is not limited to a certificate of participation and tax exempt financing similar to that authorized in RCW
47.79.140.
NEW SECTION. Sec. 8003. (1) To ensure that major construction projects are carried out in accordance with legislative and executive intent, agencies must complete a predesign for state construction projects with a total anticipated cost in excess of $10,000,000. For purposes of this section, "total anticipated cost" means the sum of the anticipated cost of the predesign, design, and construction phases of the project.
(2) Appropriations for design may not be expended or encumbered until the office of financial management has reviewed and approved the agency's predesign.
(3) The predesign must explore at least three project alternatives. These alternatives must be both distinctly different and viable solutions to the issue being addressed. The chosen alternative should be the most reasonable and cost-effective solution. The predesign document must include, but not be limited to, program, site, and cost analysis, and an analysis of the life-cycle costs of the alternatives explored, in accordance with the predesign manual adopted by the office of financial management.
(4) For projects exceeding the $10,000,000 predesign threshold established in this section, the office of financial management may make an exception to some or all of the predesign requirements in this section. The office of financial management shall report any exception to the fiscal committees of the legislature:
(a) A description of the major capital project for which the predesign waiver is made;
(b) An explanation of the reason for the waiver; and
(c) A rough order of magnitude cost estimate for the project's design and construction.
(5) In deliberations related to submitting an exception under this section, the office of financial management shall consider the following factors:
(a) Whether there is any determination to be made regarding the site of the project;
(b) Whether there is any determination to be made regarding whether the project will involve renovation, new construction, or both;
(c) Whether, within six years of submitting the request for funding, the agency has completed, or initiated the construction of, a substantially similar project;
(d) Whether there is any anticipated change to the project's program or the services to be delivered at the facility;
(e) Whether the requesting agency indicates that the project may not require some or all of the predesign requirements in this section due to a lack of complexity; and
(f) Whether any other factors related to project complexity or risk, as determined by the office of financial management, could reduce the need for, or scope of, a predesign.
(6) If under this section, some or all predesign requirements are waived, the office of financial management may instead propose a professional project cost estimate instead of a request for predesign funding.
NEW SECTION. Sec. 8004. (1) The legislature finds that use of life-cycle cost analysis will aid public entities, architects, engineers, and contractors in making design and construction decisions that positively impact both the initial construction cost and the ongoing operating and maintenance cost of a project. To ensure that the total cost of a project is accounted for and the most reasonable and cost-efficient design is used, agencies shall develop life-cycle costs for any construction project over $10,000,000. The life-cycle costs must represent the present value sum of capital costs, installation costs, operating costs, and maintenance costs over the life expectancy of the project. The legislature further finds the most effective approach to the life-cycle cost analysis is to integrate it into the early part of the design process.
(2) Agencies must develop a minimum of three project alternatives for use in the life-cycle cost analysis. These alternatives must be both distinctly different and viable solutions to the issue being addressed. Agencies must choose the most reasonable and cost-effective solution, as supported by the life-cycle cost analysis. A brief description of each project alternative and why it was chosen must be included in the life-cycle cost analysis section of the predesign.
(3) The office of financial management shall: (a) Make available a life-cycle cost model to be used for analysis; (b) in consultation with the department of enterprise services, provide assistance in using the life-cycle cost model; and (c) update the life-cycle cost model annually including assumptions for inflation rates, discount rates, and energy rates.
(4) Agencies shall consider architectural and engineering firms' and general contractors' experience using life-cycle costs, operating costs, and energy efficiency measures when selecting an architectural and engineering firm, or when selecting contractors using alternative contracting methods.
NEW SECTION. Sec. 8005. Agencies administering construction projects with a total anticipated cost in excess of $10,000,000 must submit progress reports to the office of financial management and to the fiscal committees of the house of representatives and senate. "Total anticipated cost" means the sum of the anticipated cost of the predesign, design, and construction phases of the project. Reports must be submitted on July 1st and December 31st of each year in a format determined by the office of financial management. After the project is completed, agencies must also submit a closeout report that identifies the total project cost and any unspent appropriations.
NEW SECTION. Sec. 8006. (1) Allotments for appropriations in this act shall be provided in accordance with the capital project review requirements adopted by the office of financial management and in compliance with RCW 43.88.110. Projects that will be employing alternative public works construction procedures under chapter 39.10 RCW are subject to the allotment procedures defined in this section and RCW 43.88.110. (2) Each project is defined as proposed in the legislative budget notes or in the governor's budget document.
NEW SECTION. Sec. 8007. (1) The office of financial management may authorize a transfer of appropriation authority provided for a capital project that is in excess of the amount required for the completion of such project to another capital project for which the appropriation is insufficient. No such transfer may be used to expand the capacity of any facility beyond that intended in making the appropriation. Such transfers may be effected only between capital appropriations to a specific department, commission, agency, or institution of higher education and only between capital projects that are funded from the same fund or account. No transfers may occur between projects to local government agencies except where the grants are provided within a single omnibus appropriation and where such transfers are specifically authorized by the implementing statutes that govern the grants.
(2) The office of financial management may find that an amount is in excess of the amount required for the completion of a project only if: (a) The project as defined in the notes to the budget document is substantially complete and there are funds remaining; or (b) bids have been let on a project and it appears to a substantial certainty that the project as defined in the notes to the budget document can be completed within the biennium for less than the amount appropriated in this act.
(3) For the purposes of this section, the intent is that each project be defined as proposed to the legislature in the governor's budget document, unless it clearly appears from the legislative history that the legislature intended to define the scope of a project in a different way.
(4) A report of any transfer effected under this section, except emergency projects or any transfer under $250,000, shall be filed with the fiscal committees of the legislature by the office of financial management at least 30 days before the date the transfer is effected. The office of financial management shall report all emergency or smaller transfers within 30 days from the date of transfer.
NEW SECTION. Sec. 8008. (1) It is expected that projects be ready to proceed in a timely manner depending on the type or phase of the project or program that is the subject of the appropriation in this act. Except for major projects that customarily may take more than two biennia to complete from predesign to the end of construction, or large infrastructure grant or loan programs supporting projects that often take more than two biennia to complete, the legislature generally does not intend to reappropriate funds more than once, particularly for smaller grant programs, local/community projects, and minor works.
(2) Agencies shall expedite the expenditure of reappropriations and appropriations in this act in order to: (a) Rehabilitate infrastructure resources; (b) accelerate environmental rehabilitation and restoration projects for the improvement of the state's natural environment; (c) reduce additional costs associated with acquisition and construction inflationary pressures; and (d) provide additional employment opportunities associated with capital expenditures.
(3) To the extent feasible, agencies are directed to accelerate expenditure rates at their current level of permanent employees and shall use contracted design and construction services wherever necessary to meet the goals of this section.
NEW SECTION. Sec. 8009. Any building project that receives over $10,000,000 in funding from the capital budget must be built to sustainable standards. "Sustainable building" means a building that integrates and optimizes all major high-performance building attributes, including energy efficiency, durability, life-cycle performance, and occupant productivity, and minimizes greenhouse gas emissions. The following design and construction attributes must be integrated into the building project:
(1) Employ integrated design principles: Use a collaborative, integrated planning and design process that initiates and maintains an integrated project team in all stages of a project's planning and delivery. Establish performance goals for siting, energy, water, materials, and indoor environmental quality along with other comprehensive design goals and ensures incorporation of these goals throughout the design and life-cycle of the building. Consider all stages of the building's life-cycle, including deconstruction.
(2) Commissioning: Employ commissioning practices tailored to the size and complexity of the building and its system components in order to verify performance of building components and systems and help ensure that design requirements are met. This should include an experienced commissioning provider, inclusion of commissioning requirements in construction documents, a commissioning plan, verification of the installation and performance of systems to be commissioned, and a commissioning report.
(3) Optimize energy performance: Establish a whole building performance target that takes into account the intended use, occupancy, operations, plug loads, other energy demands, and design to earn the ENERGY STAR targets for new construction and major renovation where applicable. For new construction target low energy use index. For major renovations, target reducing energy use by 50 percent below prerenovations baseline.
(4) On-site renewable energy: Implement renewable energy generation projects on agency property for agency use, when life-cycle cost effective.
(5) High-efficiency electric equipment: Use only high-efficiency electric equipment for water and space heating needs not met through on-site renewable energy, when life-cycle cost effective.
(6) Measurement and verification: For buildings over 50,000 square feet, install building level electricity meters in new major construction and renovation projects to track and continuously optimize performance. Include equivalent meters for natural gas and steam, where natural gas and steam are used. Where appropriate, install dashboards inside buildings to display and incentivize occupants on energy use.
(7) Benchmarking: Compare performance data from the first year of operation with the energy design target. Verify that the building performance meets or exceeds the design target. For other building and space types, use an equivalent benchmarking tool.
NEW SECTION. Sec. 8010. State agencies, including institutions of higher education, shall allot and report full-time equivalent staff for capital projects in a manner comparable to staff reporting for operating expenditures.
NEW SECTION. Sec. 8011. Executive Order No. 21-02, archaeological and cultural resources, was issued effective April 7, 2021. Agencies shall comply with the requirements set forth in this executive order and must consult with the department of archaeology and historic preservation and affected tribes on the potential effects of projects on cultural resources and historic properties proposed in state-funded construction or acquisition projects, including grant or pass-through funding that culminates in construction or land acquisitions. Consultation with the department of archaeology and historic preservation and affected tribes must be initiated early in the project planning process, prior to construction or taking title.
NEW SECTION. Sec. 8012. FOR THE ARTS COMMISSION
—ART WORK ALLOWANCE.
(1) One-half of one percent of moneys appropriated in this act for original construction of school plant facilities is provided solely for the purposes of RCW 28A.335.210. (2) One-half of one percent of moneys appropriated in this act for original construction or any major renovation or remodel work exceeding $200,000 by colleges or universities is provided solely for the purposes of RCW
28B.10.027.
(3) One-half of one percent of moneys appropriated in this act for original construction of any public building by a state agency identified in RCW
43.17.200 is provided solely for the purposes of RCW
43.17.200.
(4) At least 75 percent of the moneys spent by the Washington state arts commission during the 2023-2025 fiscal biennium for the purposes of RCW
28A.335.210,
28B.10.027, and
43.17.200 must be expended solely for direct acquisition of works of art; 20 percent may be expended for program administration; and 5 percent may be expended to conserve or maintain existing pieces in the state art collection.
(5) Except for art allocations made under K-3 class size reduction grants under section 6530 of this act, art allocations not expended within the ensuing two fiscal biennia shall lapse.
NEW SECTION. Sec. 8013. To carry out the provisions of this act, the governor may assign responsibility for predesign, design, construction, and other related activities to any appropriate agency.
NEW SECTION. Sec. 8014. If any federal moneys appropriated by this act for capital projects are not received by the state, the department or agency to which the moneys were appropriated may replace the federal moneys with funds available from private or local sources. No replacement may occur under this section without the prior approval of the director of financial management in consultation with the senate ways and means committee and the house of representatives capital budget committee.
NEW SECTION. Sec. 8015. (1) Unless otherwise stated, for all appropriations under this act that require a match of nonstate money or in-kind contributions, the following requirement, consistent with RCW 43.88.150, shall apply: Expenditures of state money shall be timed so that the state share of project expenditures never exceeds the intended state share of total project costs. (2) Provision of the full amount of required matching funds is not required to permit the expenditure of capital budget appropriations for phased projects if a proportional amount of the required matching funds is provided for each distinct, identifiable phase of the project.
NEW SECTION. Sec. 8016. NONTAXABLE AND TAXABLE BOND PROCEEDS.Portions of the appropriation authority granted by this act from the state building construction account, or any other account receiving bond proceeds, may be transferred to the state taxable building construction account as deemed necessary by the state treasurer, on behalf of the state finance committee, to comply with the federal internal revenue service rules and regulations pertaining to the use of nontaxable bond proceeds. Portions of the general obligation bond proceeds authorized by Substitute House Bill No. 1148 (state general obligation bonds and related accounts) for deposit into the state taxable building construction account that are in excess of amounts required to comply with the federal internal revenue service rules and regulations shall be deposited into the state building construction account. The state treasurer shall submit written notification to the director of financial management and the legislative evaluation and accountability program committee if it is determined that a shift of appropriation authority between the state building construction account, or any other account receiving bond proceeds, and the state taxable building construction account is necessary, or that a shift of appropriation authority from the state taxable building construction account to the state building construction account may be made.
NEW SECTION. Sec. 8017. (1) Minor works project lists are single line appropriations that include multiple projects of a similar nature and that are valued between $25,000 and $1,500,000 each, with the exception of higher education minor works projects that may be valued up to $2,000,000. Funds appropriated in this act for minor works may not be initially allotted until agencies submit project lists to the office of financial management for review and approval.
(2) Revisions to the project lists, including the addition of projects and the transfer of funds between projects, are allowed but must be submitted to the office of financial management, the house of representatives capital budget committee, and the senate ways and means committee for review and comment, and must include an explanation of variances from prior approved lists. Any project list revisions must be approved by the office of financial management before funds may be expended from the minor works appropriation.
(3)(a) All minor works projects should be completed within two years of the appropriation with the funding provided.
(b) Agencies are prohibited from including projects on their minor works lists that are a phase of a larger project, and that if combined over a continuous period of time, would exceed $1,500,000, or $2,000,000 for higher education minor works projects.
(c) Minor works appropriations may not be used for the following: Studies, except for technical or engineering reviews or designs that lead directly to and support a project on the same minor works list; planning; design outside the scope of work on a minor works list; movable, temporary, and traditionally funded operating equipment not in compliance with the equipment criteria established by the office of financial management; software not dedicated to control of a specialized system; moving expenses; land or facility acquisition; rolling stock; computers; or to supplement funding for projects with funding shortfalls unless expressly authorized. The office of financial management may make an exception to the limitations described in this subsection (3)(c) for exigent circumstances after notifying the legislative fiscal committees and waiting 10 days for comments by the legislature regarding the proposed exception.
(d) Minor works preservation projects may include program improvements of no more than 25 percent of the individual minor works preservation project cost.
(e) Improvements for accessibility in compliance with the Americans with disabilities act may be included in any of the minor works categories.
NEW SECTION. Sec. 8018. To the extent that any appropriation authorizes expenditures of state funds from the state building construction account, or from any other capital project account in the state treasury, for a capital project or program that is specified to be funded with proceeds from the sale of bonds, the legislature declares that any such expenditures for that project or program made prior to the issue date of the applicable bonds are intended to be reimbursed from proceeds of those bonds in a maximum amount equal to the amount of such appropriation.
NEW SECTION. Sec. 8019. FOR THE STATE TREASURER—TRANSFERS
(1) Public Works Assistance Account: For transfer to the water pollution control revolving account—state, up to $17,500,000 for fiscal year 2024 and up to $17,500,000 for fiscal year 2025 | . . . . | $35,000,000 |
(2) Public Works Assistance Account: For transfer to the drinking water assistance account—state, up to $1,750,000 for fiscal year 2024 and up to $1,750,000 for fiscal year 2025 | . . . . | $3,500,000 |
NEW SECTION. Sec. 8020. In order to accelerate the reduction of embodied carbon and improve the environmental performance of construction materials, agencies shall, whenever possible, review and consider embodied carbon reported in environmental product declarations when evaluating proposed structural materials for construction projects.
NEW SECTION. Sec. 8021. The department of natural resources, in coordination with the department of social and health services, shall enter into long-term, revenue-generating opportunities for underutilized portions of the Fircrest residential habilitation center bounded by 15th Ave NE and NE 150th Street to benefit the charitable, educational, penal, and reformatory institutions account. Long-term, revenue generating opportunities may include, but are not limited to, land leases, land sales, and land swaps. The department of social and health services and the department of natural resources must amend their lease under chapter 7, Laws of 1986 if necessary to conform with this section.
Sec. 8022. RCW
28A.320.330 and 2021 c 332 s 7045 are each amended to read as follows:
School districts shall establish the following funds in addition to those provided elsewhere by law:
(1)(a) A general fund for the school district to account for all financial operations of the school district except those required to be accounted for in another fund.
(b) By the 2018-19 school year, a local revenue subfund of its general fund to account for the financial operations of a school district that are paid from local revenues. The local revenues that must be deposited in the local revenue subfund are enrichment levies and transportation vehicle levies collected under RCW
84.52.053, local effort assistance funding received under chapter
28A.500 RCW, and other school district local revenues including, but not limited to, grants, donations, and state and federal payments in lieu of taxes, but do not include other federal revenues, or local revenues that operate as an offset to the district's basic education allocation under RCW
28A.150.250. School districts must track expenditures from this subfund separately to account for the expenditure of each of these streams of revenue by source, and must provide the supplemental expenditure schedule under (c) of this subsection, and any other supplemental expenditure schedules required by the superintendent of public instruction or state auditor, for purposes of RCW
43.09.2856.
(c) Beginning in the 2019-20 school year, the superintendent of public instruction must require school districts to provide a supplemental expenditure schedule by revenue source that identifies the amount expended by object for each of the following supplementary enrichment activities beyond the state funded amount:
(i) Minimum instructional offerings under RCW
28A.150.220 or
28A.150.260 not otherwise included on other lines;
(ii) Staffing ratios or program components under RCW
28A.150.260, including providing additional staff for class size reduction beyond class sizes allocated in the prototypical school model and additional staff beyond the staffing ratios allocated in the prototypical school formula;
(iv) Program components to support students in the program of special education;
(v) Program components of professional learning, as defined by RCW
28A.415.430, beyond that allocated under RCW
28A.150.415;
(vi) Extracurricular activities;
(vii) Extended school days or an extended school year;
(viii) Additional course offerings beyond the minimum instructional program established in the state's statutory program of basic education;
(ix) Activities associated with early learning programs;
(x) Activities associated with providing the student transportation program;
(xi) Any additional salary costs attributable to the provision or administration of the enrichment activities allowed under RCW
28A.150.276;
(xii) Additional activities or enhancements that the office of the superintendent of public instruction determines to be a documented and demonstrated enrichment of the state's statutory program of basic education under RCW
28A.150.276; and
(xiii) All other costs not otherwise identified in other line items.
(d) For any salary and related benefit costs identified in (c)(xi), (xii), and (xiii) of this subsection, the school district shall maintain a record describing how these expenditures are documented and demonstrated enrichment of the state's statutory program of basic education. School districts shall maintain these records until the state auditor has completed the audit under RCW
43.09.2856.
(2) A capital projects fund shall be established for major capital purposes. All statutory references to a "building fund" shall mean the capital projects fund so established. Money to be deposited into the capital projects fund shall include, but not be limited to, bond proceeds, proceeds from excess levies authorized by RCW
84.52.053, state apportionment proceeds as authorized by RCW
28A.150.270, earnings from capital projects fund investments as authorized by RCW
28A.320.310 and
28A.320.320, and state forest revenues transferred pursuant to subsection (3) of this section.
Money derived from the sale of bonds, including interest earnings thereof, may only be used for those purposes described in RCW
28A.530.010, except that accrued interest paid for bonds shall be deposited in the debt service fund.
Money to be deposited into the capital projects fund shall include but not be limited to rental and lease proceeds as authorized by RCW
28A.335.060, and proceeds from the sale of real property as authorized by RCW
28A.335.130.
Money legally deposited into the capital projects fund from other sources may be used for the purposes described in RCW
28A.530.010, and for the purposes of:
(a) Major renovation and replacement of facilities and systems where periodical repairs are no longer economical or extend the useful life of the facility or system beyond its original planned useful life. Such renovation and replacement shall include, but shall not be limited to, major repairs, exterior painting of facilities, replacement and refurbishment of roofing, exterior walls, windows, heating and ventilating systems, floor covering in classrooms and public or common areas, and electrical and plumbing systems.
(b) Renovation and rehabilitation of playfields, athletic fields, and other district real property.
(c) The conduct of preliminary energy audits and energy audits of school district buildings. For the purpose of this section:
(i) "Preliminary energy audits" means a determination of the energy consumption characteristics of a building, including the size, type, rate of energy consumption, and major energy using systems of the building.
(ii) "Energy audit" means a survey of a building or complex which identifies the type, size, energy use level, and major energy using systems; which determines appropriate energy conservation maintenance or operating procedures and assesses any need for the acquisition and installation of energy conservation measures, including solar energy and renewable resource measures.
(iii) "Energy capital improvement" means the installation, or modification of the installation, of energy conservation measures in a building which measures are primarily intended to reduce energy consumption or allow the use of an alternative energy source.
(d) Those energy capital improvements which are identified as being cost-effective in the audits authorized by this section.
(e) Purchase or installation of additional major items of equipment and furniture: PROVIDED, That vehicles shall not be purchased with capital projects fund money.
(f)(i) Costs associated with implementing technology systems, facilities, and projects, including acquiring hardware, licensing software, and online applications and training related to the installation of the foregoing. However, the software or applications must be an integral part of the district's technology systems, facilities, or projects.
(ii) Costs associated with the application and modernization of technology systems for operations and instruction including, but not limited to, the ongoing fees for online applications, subscriptions, or software licenses, including upgrades and incidental services, and ongoing training related to the installation and integration of these products and services. However, to the extent the funds are used for the purpose under this subsection (2)(f)(ii), the school district shall transfer to the district's general fund the portion of the capital projects fund used for this purpose. The office of the superintendent of public instruction shall develop accounting guidelines for these transfers in accordance with internal revenue service regulations.
(g) Major equipment repair, painting of facilities, and other major preventative maintenance purposes. However, to the extent the funds are used for the purpose under this subsection (2)(g), the school district shall transfer to the district's general fund the portion of the capital projects fund used for this purpose. The office of the superintendent of public instruction shall develop accounting guidelines for these transfers in accordance with internal revenue service regulations. Based on the district's most recent two-year history of general fund maintenance expenditures, funds used for this purpose may not replace routine annual preventive maintenance expenditures made from the district's general fund.
(h) During the 2021-2023 fiscal biennium, renovation and replacement of facilities and systems, purchase or installation of items of equipment and furniture, including maintenance vehicles and machinery, and other preventative maintenance or infrastructure improvement purposes.
(i) During the 2023-2025 fiscal biennium, for moneys in the capital projects fund not attributable to capital levies, moving of equipment and furniture between buildings and warehouses for storage, moving of the content of teachers' classrooms between buildings, and furniture purchases, when these costs are due to the following activities: Construction, remodeling, replacement, temporary placement, consolidation, or directed transfer.
(3) A debt service fund to provide for tax proceeds, other revenues, and disbursements as authorized in chapter
39.44 RCW. State forestland revenues that are deposited in a school district's debt service fund pursuant to RCW
79.64.110 and to the extent not necessary for payment of debt service on school district bonds may be transferred by the school district into the district's capital projects fund.
(4) An associated student body fund as authorized by RCW
28A.325.030.
(5) Advance refunding bond funds and refunded bond funds to provide for the proceeds and disbursements as authorized in chapter
39.53 RCW.
Sec. 8023. RCW
28B.20.725 and 2021 c 332 s 7027 are each amended to read as follows:
The board is hereby empowered:
(1) To reserve the right to issue bonds later on a parity with any bonds being issued;
(2) To authorize the investing of moneys in the bond retirement fund and any reserve account therein;
(3) To authorize the transfer of money from the University of Washington building account to the bond retirement fund when necessary to prevent a default in the payments required to be made out of such fund;
(4) To create a reserve account or accounts in the bond retirement fund to secure the payment of the principal of and interest on any bonds;
(5) To authorize the transfer to the University of Washington building account of any money on deposit in the bond retirement fund in excess of debt service for a period of three years from the date of such transfer on all outstanding bonds payable out of such fund. ((However, during the 2019-2021 fiscal biennium, the legislature may transfer to the University of Washington building account moneys that are in excess of the debt service due within the 2019-2021 fiscal biennium from the date of such transfer on all outstanding bonds payable out of the bond retirement fund.)) However, during the 2021-2023 fiscal biennium, the legislature may transfer to the University of Washington building account moneys that are in excess of the debt service due within the 2021-2023 fiscal biennium from the date of such transfer on all outstanding bonds payable out of the bond retirement fund. However, during the 2023-2025 fiscal biennium, the legislature may transfer to the University of Washington building account moneys that are in excess of the debt service due within the 2023-2025 fiscal biennium from the date of such transfer on all outstanding bonds payable out of the bond retirement fund.
Sec. 8024. RCW
28B.15.210 and 2021 c 332 s 7025 are each amended to read as follows:
Within ((thirty-five))35 days from the date of collection thereof, all building fees at the University of Washington, including building fees to be charged students registering in the schools of medicine and dentistry, shall be paid into the state treasury and credited as follows:
One-half or such larger portion as may be necessary to prevent a default in the payments required to be made out of the bond retirement fund to the "University of Washington bond retirement fund" and the remainder thereof to the "University of Washington building account." The sum so credited to the University of Washington building account shall be used exclusively for the purpose of erecting, altering, maintaining, equipping, or furnishing buildings, and for certificates of participation under chapter
39.94 RCW, except for any sums transferred as authorized in RCW
28B.20.725(3). The sum so credited to the University of Washington bond retirement fund shall be used for the payment of principal of and interest on bonds outstanding as provided by chapter
28B.20 RCW except for any sums transferred as authorized in RCW
28B.20.725(5). ((
During the 2019-2021 biennium, sums credited to the University of Washington building account may also be used for routine facility maintenance, utility costs, and facility condition assessments.)) During the 2021-2023 biennium, sums credited to the University of Washington building account may also be used for routine facility maintenance, utility costs, and facility condition assessments.
During the 2023-2025 biennium, sums credited to the University of Washington building account may also be used for routine facility maintenance, utility costs, and facility condition assessments.Sec. 8025. RCW
28B.15.310 and 2021 c 332 s 7026 are each amended to read as follows:
Within ((thirty-five))35 days from the date of collection thereof, all building fees shall be paid and credited as follows: To the Washington State University bond retirement fund, one-half or such larger portion as may be necessary to prevent a default in the payments required to be made out of such bond retirement fund; and the remainder thereof to the Washington State University building account.
The sum so credited to the Washington State University building account shall be expended by the board of regents for buildings, equipment, or maintenance on the campus of Washington State University as may be deemed most advisable and for the best interests of the university, and for certificates of participation under chapter
39.94 RCW, except for any sums transferred as authorized by law. ((
During the 2019-2021 biennium, sums credited to the Washington State University building account may also be used for routine facility maintenance, utility costs, and facility condition assessments.)) During the 2021-2023 biennium, sums credited to the Washington State University building account may also be used for routine facility maintenance, utility costs, and facility condition assessments.
During the 2023-2025 biennium, sums credited to the Washington State University building account may also be used for routine facility maintenance, utility costs, and facility condition assessments. Expenditures so made shall be accounted for in accordance with existing law and shall not be expended until appropriated by the legislature.
The sum so credited to the Washington State University bond retirement fund shall be used to pay and secure the payment of the principal of and interest on building bonds issued by the university, except for any sums which may be transferred out of such fund as authorized by law.
Sec. 8026. RCW
28B.30.750 and 2021 c 332 s 7028 are each amended to read as follows:
The board is hereby empowered:
(1) To reserve the right to issue bonds later on a parity with any bonds being issued;
(2) To authorize the investing of moneys in the bond retirement fund and any reserve account therein;
(3) To authorize the transfer of money from the Washington State University building account to the bond retirement fund when necessary to prevent a default in the payments required to be made out of such fund;
(4) To create a reserve account or accounts in the bond retirement fund to secure the payment of the principal of and interest on any bonds;
(5) To authorize the transfer to the Washington State University building account of any money on deposit in the bond retirement fund in excess of debt service for a period of three years from the date of such transfer on all outstanding bonds payable out of such fund. ((However, during the 2019-2021 fiscal biennium, the legislature may transfer to the Washington State University building account moneys that are in excess of the debt service due within the 2019-2021 fiscal biennium from the date of such transfer on all outstanding bonds payable out of the bond retirement fund.)) However, during the 2021-2023 fiscal biennium, the legislature may transfer to the Washington State University building account moneys that are in excess of the debt service due within the 2021-2023 fiscal biennium from the date of such transfer on all outstanding bonds payable out of the bond retirement fund. However, during the 2023-2025 fiscal biennium, the legislature may transfer to the Washington State University building account moneys that are in excess of the debt service due within the 2023-2025 fiscal biennium from the date of such transfer on all outstanding bonds payable out of the bond retirement fund.
Sec. 8027. RCW
28B.35.370 and 2021 c 332 s 7029 are each amended to read as follows:
Within ((
thirty-five))
35 days from the date of collection thereof all building fees of each regional university and The Evergreen State College shall be paid into the state treasury and these together with such normal school fund revenues as provided in RCW
28B.35.751 as are received by the state treasury shall be credited as follows:
(1) On or before June 30th of each year the board of trustees of each regional university and The Evergreen State College, if issuing bonds payable out of its building fees and above described normal school fund revenues, shall certify to the state treasurer the amounts required in the ensuing ((twelve))12 months to pay and secure the payment of the principal of and interest on such bonds. The amounts so certified by each regional university and The Evergreen State College shall be a prior lien and charge against all building fees and above described normal school fund revenues of such institution. The state treasurer shall thereupon deposit the amounts so certified in the Eastern Washington University capital projects account, the Central Washington University capital projects account, the Western Washington University capital projects account, or The Evergreen State College capital projects account respectively, which accounts are hereby created in the state treasury. The amounts deposited in the respective capital projects accounts shall be used to pay and secure the payment of the principal of and interest on the building bonds issued by such regional universities and The Evergreen State College as authorized by law. If in any ((twelve))12-month period it shall appear that the amount certified by any such board of trustees is insufficient to pay and secure the payment of the principal of and interest on the outstanding building and above described normal school fund revenue bonds of its institution, the state treasurer shall notify the board of trustees and such board shall adjust its certificate so that all requirements of moneys to pay and secure the payment of the principal of and interest on all such bonds then outstanding shall be fully met at all times.
(2) All normal school fund revenue pursuant to RCW
28B.35.751 shall be deposited in the Eastern Washington University capital projects account, the Central Washington University capital projects account, the Western Washington University capital projects account, or The Evergreen State College capital projects account respectively, which accounts are hereby created in the state treasury. The sums deposited in the respective capital projects accounts shall be appropriated and expended to pay and secure the payment of the principal of and interest on bonds payable out of the building fees and normal school revenue and for the construction, reconstruction, erection, equipping, maintenance, demolition and major alteration of buildings and other capital assets, and the acquisition of sites, rights-of-way, easements, improvements or appurtenances in relation thereto except for any sums transferred therefrom as authorized by law. ((
During the 2019-2021 biennium, sums in the respective capital accounts may also be used for routine facility maintenance, utility costs, and facility condition assessments.)) During the 2021-2023 biennium, sums in the respective capital accounts may also be used for routine facility maintenance, utility costs, and facility condition assessments.
During the 2023-2025 biennium, sums in the respective capital accounts may also be used for routine facility maintenance, utility costs, and facility condition assessments.(3) Funds available in the respective capital projects accounts may also be used for certificates of participation under chapter
39.94 RCW.
Sec. 8028. RCW
28B.50.360 and 2021 c 332 s 7030 are each amended to read as follows:
Within ((thirty-five))35 days from the date of start of each quarter all collected building fees of each such community and technical college shall be paid into the state treasury, and shall be credited as follows:
(1) On or before June 30th of each year the college board, if issuing bonds payable out of building fees, shall certify to the state treasurer the amounts required in the ensuing ((twelve))12-month period to pay and secure the payment of the principal of and interest on such bonds. The state treasurer shall thereupon deposit the amounts so certified in the community and technical college capital projects account. Such amounts of the funds deposited in the community and technical college capital projects account as are necessary to pay and secure the payment of the principal of and interest on the building bonds issued by the college board as authorized by this chapter shall be devoted to that purpose. If in any ((twelve))12-month period it shall appear that the amount certified by the college board is insufficient to pay and secure the payment of the principal of and interest on the outstanding building bonds, the state treasurer shall notify the college board and such board shall adjust its certificate so that all requirements of moneys to pay and secure the payment of the principal and interest on all such bonds then outstanding shall be fully met at all times.
(2) The community and technical college capital projects account is hereby created in the state treasury. The sums deposited in the capital projects account shall be appropriated and expended to pay and secure the payment of the principal of and interest on bonds payable out of the building fees and for the construction, reconstruction, erection, equipping, maintenance, demolition and major alteration of buildings and other capital assets owned by the state board for community and technical colleges in the name of the state of Washington, and the acquisition of sites, rights-of-way, easements, improvements or appurtenances in relation thereto, engineering and architectural services provided by the department of enterprise services, and for the payment of principal of and interest on any bonds issued for such purposes. ((During the 2019-2021 biennium, sums in the capital projects account may also be used for routine facility maintenance and utility costs.)) During the 2021-2023 biennium, sums in the capital projects account may also be used for routine facility maintenance and utility costs. During the 2023-2025 biennium, sums in the capital projects account may also be used for routine facility maintenance and utility costs.
(3) Funds available in the community and technical college capital projects account may also be used for certificates of participation under chapter
39.94 RCW.
Sec. 8029. RCW
39.35D.030 and 2021 c 332 s 7049 are each amended to read as follows:
(1) All major facility projects of public agencies receiving any funding in a state capital budget, or projects financed through a financing contract as defined in RCW
39.94.020, must be designed, constructed, and certified to at least the LEED silver standard. This subsection applies to major facility projects that have not entered the design phase prior to July 24, 2005, and to the extent appropriate LEED silver standards exist for that type of building or facility.
(2) All major facility projects of any entity other than a public agency or public school district receiving any funding in a state capital budget must be designed, constructed, and certified to at least the LEED silver standard. This subsection applies to major facility projects that have not entered the grant application process prior to July 24, 2005, and to the extent appropriate LEED silver standards exist for that type of building or facility.
(3)(a) Public agencies, under this section, shall monitor and document ongoing operating savings resulting from major facility projects designed, constructed, and certified as required under this section.
(b) Public agencies, under this section, shall report annually to the department on major facility projects and operating savings.
(4) The department shall consolidate the reports required in subsection (3) of this section into one report and report to the governor and legislature by September 1st of each even-numbered year beginning in 2006 and ending in 2016. In its report, the department shall also report on the implementation of this chapter, including reasons why the LEED standard was not used as required by RCW
39.35D.020(5)(b). The department shall make recommendations regarding the ongoing implementation of this chapter, including a discussion of incentives and disincentives related to implementing this chapter.
(5) For the purposes of determining compliance with the requirement for a project to be designed, constructed, and certified to at least the LEED silver standard, the department must credit one additional point for a project that uses wood products with a credible third-party sustainable forest certification or from forests regulated under chapter
76.09 RCW, the Washington forest practices act. For projects that qualify for this additional point, and for which an additional point would have resulted in formal certification under the LEED silver standard, the project must be deemed to meet the standard under this section.
(6) During the 2021-2023 and 2023-2025 fiscal ((biennium))biennia, an alternative high-performance building certification, as determined by the legislature, may be used instead of the LEED silver building design, construction, and certification standard required by this section.
Sec. 8030. RCW
43.07.410 and 2019 c 448 s 9 are each amended to read as follows:
The Washington state library-archives building account is created in the custody of the state treasurer. All moneys received under RCW
36.18.010(12),
36.22.175(3), and
43.07.370(3) must be deposited in the account. ((
Expenditures))
Except for during the 2023-2025 fiscal biennium, expenditures from the account may be made only for the purposes of payment of the financing contract entered into by the secretary of state for the Washington state library-archives building.
During the 2023-2025 fiscal biennium, the secretary of state may spend up to $8,000,000 from the account for costs associated with the design and construction of the state library-archives building and for costs necessary to prepare the building for occupancy. Only the secretary of state or the secretary of state's designee may authorize expenditures from the account. An appropriation is not required for expenditures, but the account is subject to allotment procedures under chapter
43.88 RCW.
Sec. 8031. RCW
43.31.577 and 2021 c 130 s 1 are each amended to read as follows:
(1) Activities eligible for funding through the early learning facilities grant and loan program for eligible organizations include:
(a) Facility predesign grants or loans of no more than $20,000 to allow eligible organizations to secure professional services or consult with organizations certified by the community development financial institutions fund to plan for and assess the feasibility of early learning facilities projects or receive other technical assistance to design and develop projects for construction funding;
(b) Grants or loans of no more than $200,000 for minor renovations or repairs of existing early learning facilities or for predevelopment activities to advance a proposal from planning to major construction or renovation;
(c) Major construction and renovation grants or loans and grants or loans for facility purchases of no more than $1,000,000 to create or expand early learning facilities, except that during the 2023-2025 fiscal biennium these grants or loans may not exceed $2,500,000; and
(d) Administration costs associated with conducting application processes, managing contracts, and providing technical assistance.
(2) Activities eligible for funding through the early learning facilities grant and loan program for school districts include major construction, purchase, and renovation grants or loans of no more than $1,000,000 to create or expand early learning facilities that received priority and ranking as described in RCW
43.31.581.
(3) Amounts in this section must be increased annually by the United States implicit price deflator for state and local government construction provided by the office of financial management.
Sec. 8032. RCW
43.82.010 and 2018 c 217 s 7 are each amended to read as follows:
(1) The director of enterprise services, on behalf of the agency involved and after consultation with the office of financial management, shall purchase, lease, lease purchase, rent, or otherwise acquire all real estate, improved or unimproved, as may be required by elected state officials, institutions, departments, commissions, boards, and other state agencies, or federal agencies where joint state and federal activities are undertaken and may grant easements and transfer, exchange, sell, lease, or sublease all or part of any surplus real estate for those state agencies which do not otherwise have the specific authority to dispose of real estate. Any such transfer, exchange, or sale must comply with RCW
43.17.400, and may be made in accordance with RCW
39.33.015. This section does not transfer financial liability for the acquired property to the department of enterprise services.
(2) Except for real estate occupied by federal agencies, the director shall determine the location, size, and design of any real estate or improvements thereon acquired or held pursuant to subsection (1) of this section. Facilities acquired or held pursuant to this chapter, and any improvements thereon, shall conform to standards adopted by the director and approved by the office of financial management governing facility efficiency unless a specific exemption from such standards is provided by the director of enterprise services. The director of enterprise services shall report to the office of financial management and the appropriate committees of the legislature annually on any exemptions granted pursuant to this subsection.
(3) Except for leases permitted under subsection (4) of this section, the director of enterprise services may fix the terms and conditions of each lease entered into under this chapter, except that no lease shall extend greater than twenty years in duration. The director of enterprise services may enter into a long-term lease greater than ten years in duration upon a determination by the director of the office of financial management that the long-term lease provides a more favorable rate than would otherwise be available, it appears to a substantial certainty that the facility is necessary for use by the state for the full length of the lease term, and the facility meets the standards adopted pursuant to subsection (2) of this section. The director of enterprise services may enter into a long-term lease greater than ten years in duration if an analysis shows that the life-cycle cost of leasing the facility is less than the life-cycle cost of purchasing or constructing a facility in lieu of leasing the facility.
(4)(a) The director of enterprise services may fix the terms of leases for property under the department of enterprise services' control at the former Northern State Hospital site for up to sixty years.
(b) During the 2023-2025 fiscal biennium, the state board for community and technical colleges on behalf of north Seattle community college may enter into a long-term lease, not to exceed 99 years, of a portion of the north Seattle community college for purposes of affordable housing under RCW 39.33.015. (5) Except as permitted under chapter
39.94 RCW, no lease for or on behalf of any state agency may be used or referred to as collateral or security for the payment of securities offered for sale through a public offering. Except as permitted under chapter
39.94 RCW, no lease for or on behalf of any state agency may be used or referred to as collateral or security for the payment of securities offered for sale through a private placement without the prior written approval of the state treasurer. However, this limitation shall not prevent a lessor from assigning or encumbering its interest in a lease as security for the repayment of a promissory note provided that the transaction would otherwise be an exempt transaction under RCW
21.20.320. The state treasurer shall adopt rules that establish the criteria under which any such approval may be granted. In establishing such criteria the state treasurer shall give primary consideration to the protection of the state's credit rating and the integrity of the state's debt management program. If it appears to the state treasurer that any lease has been used or referred to in violation of this subsection or rules adopted under this subsection, then he or she may recommend that the governor cause such lease to be terminated. The department of enterprise services shall promptly notify the state treasurer whenever it may appear to the department that any lease has been used or referred to in violation of this subsection or rules adopted under this subsection.
(6) It is the policy of the state to encourage the colocation and consolidation of state services into single or adjacent facilities, whenever appropriate, to improve public service delivery, minimize duplication of facilities, increase efficiency of operations, and promote sound growth management planning.
(7) The director of enterprise services shall provide coordinated long-range planning services to identify and evaluate opportunities for colocating and consolidating state facilities. Upon the renewal of any lease, the inception of a new lease, or the purchase of a facility, the director of enterprise services shall determine whether an opportunity exists for colocating the agency or agencies in a single facility with other agencies located in the same geographic area. If a colocation opportunity exists, the director of enterprise services shall consult with the affected state agencies and the office of financial management to evaluate the impact colocation would have on the cost and delivery of agency programs, including whether program delivery would be enhanced due to the centralization of services. The director of enterprise services, in consultation with the office of financial management, shall develop procedures for implementing colocation and consolidation of state facilities.
(8) The director of enterprise services is authorized to purchase, lease, rent, or otherwise acquire improved or unimproved real estate as owner or lessee and to lease or sublet all or a part of such real estate to state or federal agencies. The director of enterprise services shall charge each using agency its proportionate rental which shall include an amount sufficient to pay all costs, including, but not limited to, those for utilities, janitorial and accounting services, and sufficient to provide for contingencies; which shall not exceed five percent of the average annual rental, to meet unforeseen expenses incident to management of the real estate.
(9) If the director of enterprise services determines that it is necessary or advisable to undertake any work, construction, alteration, repair, or improvement on any real estate acquired pursuant to subsection (1) or (8) of this section, the director shall cause plans and specifications thereof and an estimate of the cost of such work to be made and filed in his or her office and the state agency benefiting thereby is hereby authorized to pay for such work out of any available funds: PROVIDED, That the cost of executing such work shall not exceed the sum of twenty-five thousand dollars. Work, construction, alteration, repair, or improvement in excess of twenty-five thousand dollars, other than that done by the owner of the property if other than the state, shall be performed in accordance with the public works law of this state.
(10) In order to obtain maximum utilization of space, the director of enterprise services shall make space utilization studies, and shall establish standards for use of space by state agencies. Such studies shall include the identification of opportunities for colocation and consolidation of state agency office and support facilities.
(11) The director of enterprise services may construct new buildings on, or improve existing facilities, and furnish and equip, all real estate under his or her management. Prior to the construction of new buildings or major improvements to existing facilities or acquisition of facilities using a lease purchase contract, the director of enterprise services shall conduct an evaluation of the facility design and budget using life-cycle cost analysis, value-engineering, and other techniques to maximize the long-term effectiveness and efficiency of the facility or improvement.
(12) All conveyances and contracts to purchase, lease, rent, transfer, exchange, or sell real estate and to grant and accept easements shall be approved as to form by the attorney general, signed by the director of enterprise services or the director's designee, and recorded with the county auditor of the county in which the property is located.
(13) The director of enterprise services may delegate any or all of the functions specified in this section to any agency upon such terms and conditions as the director deems advisable. By January 1st of each year, beginning January 1, 2008, the department shall submit an annual report to the office of financial management and the appropriate committees of the legislature on all delegated leases.
(14) This section does not apply to the acquisition of real estate by:
(a) The state college and universities for research or experimental purposes;
(b) The state liquor and cannabis board for liquor stores and warehouses;
(c) The department of natural resources, the department of fish and wildlife, the department of transportation, and the state parks and recreation commission for purposes other than the leasing of offices, warehouses, and real estate for similar purposes; and
(d) The department of commerce for community college health career training programs, offices for the department of commerce or other appropriate state agencies, and other nonprofit community uses, including community meeting and training facilities, where the real estate is acquired during the 2013-2015 fiscal biennium.
(15) Notwithstanding any provision in this chapter to the contrary, the department of enterprise services may negotiate ground leases for public lands on which property is to be acquired under a financing contract pursuant to chapter
39.94 RCW under terms approved by the state finance committee.
(16) The department of enterprise services shall report annually to the office of financial management and the appropriate fiscal committees of the legislature on facility leases executed for all state agencies for the preceding year, lease terms, and annual lease costs. The report must include leases executed under RCW
43.82.045 and subsection (13) of this section.
Sec. 8033. RCW
43.83B.430 and 2022 c 297 s 957 and 2022 c 296 s 7008 are each reenacted and amended to read as follows:
The state drought preparedness and response account is created in the state treasury. All receipts from appropriated funds designated for the account and all cost recovery revenues collected under RCW
43.83B.410(5) must be deposited into the account. Expenditures from the account may be used for drought preparedness and response activities under this chapter, including grants issued under RCW
43.83B.415. ((
During the 2021-2023 fiscal biennium, moneys in the account may be used for water banking pilot projects.)) Moneys in the account may be spent only after appropriation. During the 2021-2023
and 2023-2025 fiscal ((
biennium))
biennia, the legislature may appropriate moneys from the account for activities related to water banking.
Sec. 8034. RCW
43.88D.010 and 2021 c 332 s 7034 are each amended to read as follows:
(1) By October 1st of each even-numbered year, the office of financial management shall complete an objective analysis and scoring of all capital budget projects proposed by the public four-year institutions of higher education and submit the results of the scoring process to the legislative fiscal committees and the four-year institutions. Each project must be reviewed and scored within one of the following categories, according to the project's principal purpose. Each project may be scored in only one category. The categories are:
(a) Access-related projects to accommodate enrollment growth at all campuses, at existing or new university centers, or through distance learning. Growth projects should provide significant additional student capacity. Proposed projects must demonstrate that they are based on solid enrollment demand projections, more cost-effectively provide enrollment access than alternatives such as university centers and distance learning, and make cost-effective use of existing and proposed new space;
(b) Projects that replace failing permanent buildings. Facilities that cannot be economically renovated are considered replacement projects. New space may be programmed for the same or a different use than the space being replaced and may include additions to improve access and enhance the relationship of program or support space;
(c) Projects that renovate facilities to restore building life and upgrade space to meet current program requirements. Renovation projects should represent a complete renovation of a total facility or an isolated wing of a facility. A reasonable renovation project should cost between sixty to eighty percent of current replacement value and restore the renovated area to at least twenty-five years of useful life. New space may be programmed for the same or a different use than the space being renovated and may include additions to improve access and enhance the relationship of program or support space;
(d) Major stand-alone campus infrastructure projects;
(e) Projects that promote economic growth and innovation through expanded research activity. The acquisition and installation of specialized equipment is authorized under this category; and
(f) Other project categories as determined by the office of financial management in consultation with the legislative fiscal committees.
(2) The office of financial management, in consultation with the legislative fiscal committees, shall establish a scoring system and process for each four-year project category that is based on the framework used in the community and technical college system of prioritization. Staff from the state board for community and technical colleges and the four-year institutions shall provide technical assistance on the development of a scoring system and process.
(3) The office of financial management shall consult with the legislative fiscal committees in the scoring of four-year institution project proposals, and may also solicit participation by independent experts.
(a) For each four-year project category, the scoring system must, at a minimum, include an evaluation of enrollment trends, reasonableness of cost, the ability of the project to enhance specific strategic master plan goals, age and condition of the facility if applicable, and impact on space utilization.
(b) Each four-year project category may include projects at the predesign, design, or construction funding phase.
(c) To the extent possible, the objective analysis and scoring system of all capital budget projects shall occur within the context of any and all performance agreements between the office of financial management and the governing board of a public, four-year institution of higher education that aligns goals, priorities, desired outcomes, flexibility, institutional mission, accountability, and levels of resources.
(4) In evaluating and scoring four-year institution projects, the office of financial management shall take into consideration project schedules that result in realistic, balanced, and predictable expenditure patterns over the ensuing three biennia.
(5) The office of financial management shall distribute common definitions, the scoring system, and other information required for the project proposal and scoring process as part of its biennial budget instructions. The office of financial management, in consultation with the legislative fiscal committees, shall develop common definitions that four-year institutions must use in developing their project proposals and lists under this section.
(6) In developing any scoring system for capital projects proposed by the four-year institutions, the office of financial management:
(a) Shall be provided with all required information by the four-year institutions as deemed necessary by the office of financial management;
(b) May utilize independent services to verify, sample, or evaluate information provided to the office of financial management by the four-year institutions; and
(c) Shall have full access to all data maintained by the joint legislative audit and review committee concerning the condition of higher education facilities.
(7) By August 1st of each even-numbered year each public four-year higher education institution shall prepare and submit prioritized lists of the individual projects proposed by the institution for the ensuing six-year period in each category. The lists must be submitted to the office of financial management and the legislative fiscal committees. The four-year institutions may aggregate minor works project proposals by primary purpose for ranking purposes. Proposed minor works projects must be prioritized within the aggregated proposal, and supporting documentation, including project descriptions and cost estimates, must be provided to the office of financial management and the legislative fiscal committees.
(8) For ((the 2019-2021 fiscal biennium and)) the 2021-2023 fiscal biennium, pursuant to subsection (1) of this section, by November 1, 2022, the office of financial management must score higher education capital project criteria with a rating scale that assesses how well a particular project satisfies those criteria. The office of financial management may not use a rating scale that weighs the importance of those criteria.
(9) For ((the 2019-2021 fiscal biennium and)) the 2021-2023 fiscal biennium, pursuant to subsection (6)(a) of this section and in lieu of the requirements of subsection (7) of this section, by August 15, 2022, the institutions of higher education shall prepare and submit or resubmit to the office of financial management and the legislative fiscal committees:
(a) Individual project proposals developed pursuant to subsection (1) of this section;
(b) Individual project proposals scored in prior biennia pursuant to subsection (1) of this section; and
(c) A prioritized list of up to five project proposals submitted pursuant to (a) and (b) of this subsection.
(10) The requirements of this section are suspended during the 2023-2025 fiscal biennium. However, instead of these requirements, the public four-year institutions of higher education must submit additional supporting information for major project funding requests for the 2025-2027 fiscal biennium that is equivalent to the information produced for the 2022 higher education scoring process under subsection (9) of this section. Examples of the information required under this subsection include, but are not limited to, measures of: (a) Space efficiency, (b) reasonableness of project cost, (c) facility condition, and (d) anticipated impacts of the requested major projects on projected degree totals. The public four-year institutions of higher education shall consult with the office of financial management and legislative fiscal staff regarding the implementation of this requirement and the content of the additional information.
Sec. 8035. RCW
43.88.030 and 2020 c 218 s 1 are each amended to read as follows:
(1) The director of financial management shall provide all agencies with a complete set of instructions for submitting biennial budget requests to the director at least three months before agency budget documents are due into the office of financial management. The budget document or documents shall consist of the governor's budget message which shall be explanatory of the budget and shall contain an outline of the proposed financial policies of the state for the ensuing fiscal period, as well as an outline of the proposed six-year financial policies where applicable, and shall describe in connection therewith the important features of the budget. The biennial budget document or documents shall also describe performance indicators that demonstrate measurable progress towards priority results. The message shall set forth the reasons for salient changes from the previous fiscal period in expenditure and revenue items and shall explain any major changes in financial policy. Attached to the budget message shall be such supporting schedules, exhibits and other explanatory material in respect to both current operations and capital improvements as the governor shall deem to be useful to the legislature. The budget document or documents shall set forth a proposal for expenditures in the ensuing fiscal period, or six-year period where applicable, based upon the estimated revenues and caseloads as approved by the economic and revenue forecast council and caseload forecast council or upon the estimated revenues and caseloads of the office of financial management for those funds, accounts, sources, and programs for which the forecast councils do not prepare an official forecast. Revenues shall be estimated for such fiscal period from the source and at the rates existing by law at the time of submission of the budget document, including the supplemental budgets submitted in the even-numbered years of a biennium. However, the estimated revenues and caseloads for use in the governor's budget document may be adjusted to reflect budgetary revenue transfers and revenue and caseload estimates dependent upon budgetary assumptions of enrollments, workloads, and caseloads. All adjustments to the approved estimated revenues and caseloads must be set forth in the budget document. The governor may additionally submit, as an appendix to each supplemental, biennial, or six-year agency budget or to the budget document or documents, a proposal for expenditures in the ensuing fiscal period from revenue sources derived from proposed changes in existing statutes.
The budget document or documents shall also contain:
(a) Revenues classified by fund and source for the immediately past fiscal period, those received or anticipated for the current fiscal period, and those anticipated for the ensuing biennium;
(b) The undesignated fund balance or deficit, by fund;
(c) Such additional information dealing with expenditures, revenues, workload, performance, and personnel as the legislature may direct by law or concurrent resolution;
(d) Such additional information dealing with revenues and expenditures as the governor shall deem pertinent and useful to the legislature;
(e) Tabulations showing expenditures classified by fund, function, and agency;
(f) The expenditures that include nonbudgeted, nonappropriated accounts outside the state treasury;
(g) Identification of all proposed direct expenditures to implement the Puget Sound water quality plan under chapter
90.71 RCW, shown by agency and in total; and
(h) Tabulations showing each postretirement adjustment by retirement system established after fiscal year 1991, to include, but not be limited to, estimated total payments made to the end of the previous biennial period, estimated payments for the present biennium, and estimated payments for the ensuing biennium.
(2) The budget document or documents shall include detailed estimates of all anticipated revenues applicable to proposed operating or capital expenditures and shall also include all proposed operating or capital expenditures. The total of beginning undesignated fund balance and estimated revenues less working capital and other reserves shall equal or exceed the total of proposed applicable expenditures. The budget document or documents shall further include:
(a) Interest, amortization and redemption charges on the state debt;
(b) Payments of all reliefs, judgments, and claims;
(c) Other statutory expenditures;
(d) Expenditures incident to the operation for each agency;
(e) Revenues derived from agency operations;
(f) Expenditures and revenues shall be given in comparative form showing those incurred or received for the immediately past fiscal period and those anticipated for the current biennium and next ensuing biennium;
(g) A showing and explanation of amounts of general fund and other funds obligations for debt service and any transfers of moneys that otherwise would have been available for appropriation;
(h) Common school expenditures on a fiscal-year basis;
(i) A showing, by agency, of the value and purpose of financing contracts for the lease/purchase or acquisition of personal or real property for the current and ensuing fiscal periods; and
(j) A showing and explanation of anticipated amounts of general fund and other funds required to amortize the unfunded actuarial accrued liability of the retirement system specified under chapter
41.45 RCW, and the contributions to meet such amortization, stated in total dollars and as a level percentage of total compensation.
(3) The governor's operating budget document or documents shall reflect the statewide priorities as required by RCW
43.88.090.
(4) The governor's operating budget document or documents shall identify activities that are not addressing the statewide priorities.
(5)(a) Beginning in the 2021-2023 fiscal biennium, the governor's operating budget document or documents submitted to the legislature must leave, in total, a positive ending fund balance in the general fund and related funds.
(b) Beginning in the 2021-2023 fiscal biennium, the projected maintenance level of the governor's operating budget document or documents submitted to the legislature must not exceed the available fiscal resources for the next ensuing fiscal biennium.
(c) For purposes of this subsection:
(i) "Available fiscal resources" means the beginning general fund and related funds balances and any fiscal resources estimated for the general fund and related funds, adjusted for proposed revenue legislation, and with forecasted revenues adjusted to the greater of (A) the official general fund and related funds revenue forecast for the ensuing biennium, or (B) the official general fund and related funds forecast for the second fiscal year of the current fiscal biennium, increased by 4.5 percent for each fiscal year of the ensuing biennium.
(ii) "Projected maintenance level" means estimated appropriations necessary to maintain the continuing costs of program and service levels either funded in the governor's budget document or documents submitted to the legislature or mandated by other state or federal law, adjusted by the estimated cost of proposed executive branch legislation, and the amount of any general fund moneys projected to be transferred to the budget stabilization account pursuant to Article VII, section 12 of the state Constitution. Proposed executive branch legislation does not include proposals by institutions of higher education, other separately elected officials, or other boards, commissions, and offices not under the authority of the governor that are not funded or assumed in the governor's budget document or documents submitted to the legislature.
(iii) "Related funds" has the meaning defined in RCW
43.88.055.
(d) (b) of this subsection (5) does not apply:
(i) To any governor-proposed legislation submitted to the legislature that makes net reductions in general fund and related funds appropriations to prevent the governor from making across-the-board reductions in allotments for these particular funds as provided in RCW
43.88.110((
(7)))
(10); or
(ii) In a fiscal biennium for which the governor proposes appropriations from the budget stabilization account pursuant to Article VII, section 12(d)(ii) of the state Constitution.
(6) A separate capital budget document or schedule shall be submitted that will contain the following:
(a) A statement setting forth a long-range facilities plan for the state that identifies and includes the highest priority needs within affordable spending levels;
(b) A capital program consisting of proposed capital projects for the next biennium and the two biennia succeeding the next biennium consistent with the long-range facilities plan. Insomuch as is practical, and recognizing emergent needs, the capital program shall reflect the priorities, projects, and spending levels proposed in previously submitted capital budget documents in order to provide a reliable long-range planning tool for the legislature and state agencies;
(c) A capital plan consisting of proposed capital spending for at least four biennia succeeding the next biennium;
(d) A strategic plan for reducing backlogs of maintenance and repair projects. The plan shall include a prioritized list of specific facility deficiencies and capital projects to address the deficiencies for each agency, cost estimates for each project, a schedule for completing projects over a reasonable period of time, and identification of normal maintenance activities to reduce future backlogs;
(e) A statement of the reason or purpose for a project;
(f) Verification that a project is consistent with the provisions set forth in chapter
36.70A RCW;
(g) A statement about the proposed site, size, and estimated life of the project, if applicable;
(h) Estimated total project cost;
(i) For major projects valued over five million dollars, estimated costs for the following project components: Acquisition, consultant services, construction, equipment, project management, and other costs included as part of the project. Project component costs shall be displayed in a standard format defined by the office of financial management to allow comparisons between projects;
(j) Estimated total project cost for each phase of the project as defined by the office of financial management;
(k) Estimated ensuing biennium costs;
(l) Estimated costs beyond the ensuing biennium;
(m) Estimated construction start and completion dates;
(n) Source and type of funds proposed;
(o) Estimated ongoing operating budget costs or savings resulting from the project, including staffing and maintenance costs;
(p) For any capital appropriation requested for a state agency for the acquisition of land or the capital improvement of land in which the primary purpose of the acquisition or improvement is recreation or wildlife habitat conservation, the capital budget document, or an omnibus list of recreation and habitat acquisitions provided with the governor's budget document, shall identify the projected costs of operation and maintenance for at least the two biennia succeeding the next biennium. Omnibus lists of habitat and recreation land acquisitions shall include individual project cost estimates for operation and maintenance as well as a total for all state projects included in the list. The document shall identify the source of funds from which the operation and maintenance costs are proposed to be funded;
(q) For any capital budget request for funding in the 2023-2025 or 2025-2027 fiscal biennia by an institution of higher education to address a cost increase for any major project, a statement describing the unexpected project costs, ways the agency has mitigated or will mitigate the estimated project costs, and identification of other funding that may be applied to the project. For purposes of this subsection (6)(q):
(i) "Cost increases" means total project costs estimated above those listed in the prior agency budget request and for which the legislature relied in making a funding decision for design or construction, adjusted for C-100 inflation factors; and
(ii) "Institution of higher education" has the meaning provided in RCW 28B.10.016; (r) Such other information bearing upon capital projects as the governor deems to be useful;
(((r)))(s) Standard terms, including a standard and uniform definition of normal maintenance, for all capital projects; and
(((s)))(t) Such other information as the legislature may direct by law or concurrent resolution.
For purposes of this subsection (6), the term "capital project" shall be defined subsequent to the analysis, findings, and recommendations of a joint committee comprised of representatives from the house capital appropriations committee, senate ways and means committee, legislative evaluation and accountability program committee, and office of financial management.
(7) No change affecting the comparability of agency or program information relating to expenditures, revenues, workload, performance and personnel shall be made in the format of any budget document or report presented to the legislature under this section or RCW
43.88.160(1) relative to the format of the budget document or report which was presented to the previous regular session of the legislature during an odd-numbered year without prior legislative concurrence. Prior legislative concurrence shall consist of (a) a favorable majority vote on the proposal by the standing committees on ways and means of both houses if the legislature is in session or (b) a favorable majority vote on the proposal by members of the legislative evaluation and accountability program committee if the legislature is not in session.
Sec. 8036. RCW
43.99N.060 and 2021 c 334 s 976 are each amended to read as follows:
(1) The stadium and exhibition center account is created in the custody of the state treasurer. All receipts from the taxes imposed under RCW
82.14.0494 and distributions under RCW
67.70.240(1)(d) shall be deposited into the account. Only the director of the office of financial management or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter
43.88 RCW. An appropriation is not required for expenditures from this account.
(2) Until bonds are issued under RCW
43.99N.020, up to ((
five million dollars))
$5,000,000 per year beginning January 1, 1999, shall be used for the purposes of subsection (3)(b) of this section, all remaining moneys in the account shall be transferred to the public stadium authority, created under RCW
36.102.020, to be used for public stadium authority operations and development of the stadium and exhibition center.
(3) After bonds are issued under RCW
43.99N.020, all moneys in the stadium and exhibition center account shall be used exclusively for the following purposes in the following priority:
(a) On or before June 30th of each year, the office of financial management shall accumulate in the stadium and exhibition center account an amount at least equal to the amount required in the next succeeding twelve months for the payment of principal of and interest on the bonds issued under RCW
43.99N.020;
(b) An additional reserve amount not in excess of the expected average annual principal and interest requirements of bonds issued under RCW
43.99N.020 shall be accumulated and maintained in the account, subject to withdrawal by the state treasurer at any time if necessary to meet the requirements of (a) of this subsection, and, following any withdrawal, reaccumulated from the first tax revenues and other amounts deposited in the account after meeting the requirements of (a) of this subsection; and
(c) The balance, if any, shall be transferred to the youth athletic facility account under subsection (4) of this section.
Any revenues derived from the taxes authorized by RCW
36.38.010(5) and
36.38.040 or other amounts that if used as provided under (a) and (b) of this subsection would cause the loss of any tax exemption under federal law for interest on bonds issued under RCW
43.99N.020 shall be deposited in and used exclusively for the purposes of the youth athletic facility account and shall not be used, directly or indirectly, as a source of payment of principal of or interest on bonds issued under RCW
43.99N.020, or to replace or reimburse other funds used for that purpose.
(4) Any moneys in the stadium and exhibition center account not required or permitted to be used for the purposes described in subsection (3)(a) and (b) of this section shall be deposited in the youth athletic facility account hereby created in the state treasury. Expenditures from the account may be used only for purposes of grants or loans to cities, counties, and qualified nonprofit organizations for community outdoor athletic facilities. Only the director of the recreation and conservation office or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter
43.88 RCW, but an appropriation is not required for expenditures. The athletic facility grants or loans may be used for acquiring, developing, equipping, maintaining, and improving community outdoor athletic facilities. Funds shall be divided equally between the development of new community outdoor athletic facilities, the improvement of existing community outdoor athletic facilities, and the maintenance of existing community outdoor athletic facilities. Cities, counties, and qualified nonprofit organizations must submit proposals for grants or loans from the account. To the extent that funds are available, cities, counties, and qualified nonprofit organizations must meet eligibility criteria as established by the director of the recreation and conservation office. The grants and loans shall be awarded on a competitive application process and the amount of the grant or loan shall be in proportion to the population of the city or county for where the community outdoor athletic facility is located. Grants or loans awarded in any one year need not be distributed in that year. ((
In the 2009-2011 biennium, if there are not enough project applications submitted in a category within the account to meet the requirement of equal distribution of funds to each category, the director of the recreation and conservation office may distribute any remaining funds to other categories within the account.)) The director of the recreation and conservation office may expend up to one and one-half percent of the moneys deposited in the account created in this subsection for administrative purposes. During the 2021-2023 fiscal biennium, the legislature may appropriate moneys from the youth athletic facility account to support a task force to consider ways to improve equitable access to K-12 schools' fields and athletic facilities and local parks agency facilities with the goal of increasing physical activity for youth and families. A portion of the appropriation must be used to inventory K-12 school fields and athletic facilities and park agency facilities.
(5) During the 2023-2025 fiscal biennium, subsection (4) of this section applies to expenditures from the youth athletic facility account except as provided in this subsection.
(a) During the 2023-2025 fiscal biennium, the recreation and conservation office may spend appropriations made from the youth athletic facility account for grants and loans to political subdivisions of the state other than cities and counties as well as federally recognized Indian tribes for community outdoor athletic facilities. The office is not required to divide the expenditures equally between development, improvement, and maintenance of facilities. The office's authority to retain 1.5 percent of amounts deposited in the account for administration is suspended, and the office's administrative overhead is instead specified in the appropriations for this purpose.
(b) During the 2023-2025 fiscal biennium, the legislature may also appropriate moneys in the youth athletic facility account for the following:
(i) To the department of commerce for the public facility improvement fund as provided in section 1038 of this act; and
(ii) To the recreation and conservation office for the purpose of the youth athletic facilities program as provided in section 3060 of this act.
Sec. 8037. RCW
43.155.050 and 2022 c 296 s 7009, 2022 c 182 s 302, and 2022 c 157 s 15 are each reenacted and amended to read as follows:
(1) The public works assistance account is hereby established in the state treasury. Money may be placed in the public works assistance account from the proceeds of bonds when authorized by the legislature or from any other lawful source. Money in the public works assistance account shall be used to make loans and grants and to give financial guarantees to local governments for public works projects. Moneys in the account may also be appropriated or transferred to the water pollution control revolving fund and the drinking water assistance account to provide for state match requirements under federal law. Moneys in the account may be transferred to the move ahead WA account to provide support of public works projects funded in the move ahead WA program. Not more than 20 percent of the biennial capital budget appropriation to the public works board from this account may be expended or obligated for preconstruction loans and grants, emergency loans and grants, or loans and grants for capital facility planning under this chapter. Not more than 10 percent of the biennial capital budget appropriation to the public works board from this account may be expended or obligated as grants for preconstruction, emergency, capital facility planning, and construction projects. During the 2017-2019 and 2019-2021 fiscal biennia, the legislature may appropriate moneys from the account for activities related to rural economic development, the growth management act, the aviation revitalization loan program, the community economic revitalization board broadband program, and the voluntary stewardship program. During the 2021-2023 ((biennium))and 2023-2025 fiscal biennia, the legislature may appropriate moneys from the account for activities related to the community aviation revitalization board. During the 2019-2021 fiscal biennia, the legislature may direct the state treasurer to make transfers of moneys in the public works assistance account to the education legacy trust account. During the 2019-2021 and 2021-2023 fiscal biennia, the legislature may direct the state treasurer to make transfers of moneys in the public works assistance account to the statewide broadband account. The legislature may appropriate moneys from the public works assistance account for activities related to the voluntary stewardship program, rural economic development, and the growth management act. During the 2021-2023 biennium, the legislature may appropriate moneys from the account for projects identified in section 1033, chapter 296, Laws of 2022. During the 2023-2025 fiscal biennium, the legislature may appropriate moneys from the public works assistance account for an evaluation of the costs of relocating public utilities related to fish barrier removal projects.
(2) For fiscal year 2024 through fiscal year 2038, the state treasurer must transfer from the public works assistance account to the move ahead WA account created in RCW
46.68.510 $57,000,000 each fiscal year in four equal quarterly transfers.
Sec. 8038. RCW
43.19.125 and 2011 1st sp.s. c 43 s 204 are each amended to read as follows:
(1) The director of enterprise services shall have custody and control of the capitol buildings and grounds, supervise and direct proper care, heating, lighting and repairing thereof, and designate rooms in the capitol buildings to be occupied by various state officials.
(2) ((During the 2007-2009 biennium, responsibility for development of the "Wheeler block" on the capitol campus as authorized in section 6013, chapter 520, Laws of 2007 shall be transferred from the department of general administration to the department of information services.))During the 2023-2025 fiscal biennium, the director may access and tour the top of the legislative dome and, upon request, shall provide access to any legislative member and the member's guest.
Sec. 8039. RCW
87.03.136 and 2011 c 50 s 1 are each amended to read as follows:
An irrigation district has the power to sell or lease real property owned by the district whenever its board of directors, by resolution: Determines that the property is not necessary or needed for the use of the district; and authorizes the sale or lease. Notice of the district's intention to sell or lease the property shall be made by publication at least ((twenty))20 days before the transaction is executed regarding the property in a newspaper of general circulation in the county where the property or part of the property is located or, if there is no such newspaper in the county, in a newspaper of general circulation published in an adjoining county. The publication shall be made at least once a week during three consecutive weeks. The notice shall state whether the sale or lease will be negotiated by the district or will be awarded by bid.
The district may lease the property for a duration determined by the board, afford the lessee the option to purchase the property, sell the property on contract for deferred payments, sell the property pursuant to a promissory note secured by a mortgage or deed of trust, or sell the property for cash and conveyance by deed. The appropriate documents shall be executed by the president of the board and acknowledged by the secretary.
The resolution authorizing the sale or lease shall be entered in the minutes of the board and shall fix the price at which the lease, option, or sale may be made. The price shall be not less than the reasonable market value of the property; however, the board may, without consideration, dedicate, grant, or convey district land or easements in district land for highway or public utility purposes that convenience the inhabitants of the district if the board deems that the action will enhance the value of the remaining district land to an extent equal to or greater than the value of the land or easement dedicated, granted, or conveyed.
During the 2023-2025 fiscal biennium, the limitations under this section on the power of an irrigation district to sell or lease real property owned by the district do not apply to property transferred to the bureau of reclamation or to a public owner under section 3073, chapter . . ., Laws of 2023 (section 3073 of this act).
NEW SECTION. Sec. 8040. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
NEW SECTION. Sec. 8041. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 8042. 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 immediately."
(End of part)
EFFECT: Authorizes $8.7 billion in new capital projects for the 2023-2025 fiscal biennium; of this total, $4.7 billion is financed with state general obligation bonds. Includes $295 million in authorizations for state agencies and institutions of higher education to enter alternative financing contracts. Reappropriates $7.6 billion in funding for projects authorized in prior biennia.
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