SIXTY FOURTH LEGISLATURE - REGULAR SESSION

 

 

EIGHTIETH  DAY

 

 

House Chamber, Olympia, Wednesday, April 1, 2015

 


The House was called to order at 9:55 a.m. by the Speaker (Representative Orwall presiding).

 

Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.

 

RESOLUTION

 

HOUSE RESOLUTION NO. 4629, by Representatives S. Hunt, Reykdal, Short, Appleton, Takko, Sawyer, Santos, Pollet, Ryu, Moeller, Springer, Magendanz, Sullivan, Chopp, Pettigrew, Orwall, Hunter, Carlyle, Wylie, Gregerson, McBride, Peterson, Kilduff, Kagi, Robinson, Clibborn, Cody, Ormsby, Jinkins, Blake, Hansen, Stanford, Fitzgibbon, Walkinshaw, Haler, Morris, Holy, Caldier, Fagan, Kochmar, Johnson, Senn, Bergquist, Zeiger, Sells, Van Werven, Stambaugh, Orcutt, Muri, MacEwen, Manweller, McCabe, DeBolt, Griffey, and Walsh

 

WHEREAS, For 20 years TVW has opened state government to the people of Washington, offering unedited "gavel-to-gavel" coverage of government deliberations and public policy events of statewide significance since signal activation on April 10, 1995; and 

WHEREAS, TVW was the brainchild of Congressman Denny Heck, who currently represents Washington's 10th Congressional District, and previously served as majority leader in the Washington State House of Representatives and chief of staff to Governor Booth Gardner and veteran state government official Stan Marshburn; and

WHEREAS, TVW's founders believed that the people of Washington deserved to be able to watch their elected officials in action, even if they could not be physically present in Olympia; and

WHEREAS, Since its inception, TVW has televised well over 30,000 hours of public policy proceedings, including coverage of the legislative, executive, and judicial branches of government, state agencies, state elections, and public policy events hosted by nongovernmental organizations; and

WHEREAS, The first event televised by TVW was a death penalty case before the Washington State Supreme Court, through which TVW also made history with the first-ever televised state court proceeding; and

WHEREAS, TVW televises all floor debates in the Washington State Senate and House of Representatives, offers live and archived coverage of all committee hearings in the Senate and House via television or webcast on-demand, and archives all of its coverage for citizens to view online, on-demand; and

WHEREAS, When the Legislature is not meeting in Olympia, TVW's mobile camera units cover legislative and public policy events across Washington, which are available on TVW's increasingly popular web site, tvw.org, which handles over 5 million online plays of its videos each year, with demand continuing to grow steadily; and

WHEREAS, The cable television industry carries TVW for free, giving TVW $7 million per year in free carriage and enabling TVW to reach two-thirds of state residents via television; and

WHEREAS, TVW allows the news media free access to its footage, making it easier for television, radio, and newspaper reporters to cover state government even when not physically present at the Capitol; and

WHEREAS, TVW educates young people about civics and government through its free civics education programs for teachers and students throughout the state, including its "Teach with TVW" web site, innovative "Capitol Classroom" program, and award-winning "Engaged: Students Becoming Citizens" video series; and

WHEREAS, TVW produces award-winning shows, includingn Inside Olympia, The Impact, and Legislative Review, which highlight key legislative debates and decisions; and

WHEREAS, TVW has won four regional Emmy Awards in its history, including three Emmy Awards in the last two years;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives congratulate TVW on 20 years of service to the people of Washington State; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to TVW's president and CEO, and the TVW Board of Directors.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be adoption of House Resolution No. 4629.

 

HOUSE RESOLUTION NO. 4629 was adopted.

 

RESOLUTION

 

HOUSE RESOLUTION NO. 4630, by Representatives S. Hunt, Reykdal, Appleton, Sawyer, Santos, Pollet, Goodman, Moeller, Springer, Magendanz, Sullivan, Chopp, Pettigrew, Van De Wege, Lytton, Orwall, Hunter, Carlyle, Wylie, Gregerson, McBride, Peterson, Kilduff, Kagi, Robinson, Clibborn, Cody, Ormsby, Jinkins, Takko, Blake, Hansen, Stanford, Fitzgibbon, Walkinshaw, Morris, Haler, Caldier, Kochmar, Bergquist, Zeiger, Fagan, Sells, Ryu, Johnson, MacEwen, Manweller, McCabe, DeBolt, and Griffey

 

WHEREAS, Dr. Thomas L. "Les" Purce is retiring from his position as president of The Evergreen State College in August 2015, after serving fifteen years in the position and two prior years as interim president; and

WHEREAS, Dr. Purce previously served at Washington State University as Vice President of Extended University Affairs and Dean of Extended Academic Programs; and

WHEREAS, Dr. Purce is an exemplar of a public servant in higher education, with his twenty-six year career in Washington state preceded by public service at the University of Idaho as the Special Assistant to the President and Director of the Research Park and Economic Development; election as the first African American elected official in the state of Idaho, where he served as a mayor and council member for the City of Pocatello; and service as the director of Idaho's departments of Administration and Health and Welfare under Governor John Evans; and

WHEREAS, Under Dr. Purce's leadership, Evergreen has been consistently recognized as a national leader and model in the development of interdisciplinary learning communities that combine and coordinate several academic subjects in an innovative approach to study of the arts and sciences; and

WHEREAS, Dr. Purce guided Evergreen's strong promotion and pursuit of community engagement, curricular innovation, and development of academic programs that encourage students to apply classroom learning to practical problems in their professional, civic, academic, and artistic pursuits; and

WHEREAS, Under Dr. Purce's leadership, Evergreen has emerged as a leader in reducing the length of time and cost required to earn a bachelor's degree, and has been repeatedly recognized as a top public liberal arts and science institution by U.S. News and World Report, the Princeton Review, and Washington Monthly; and

WHEREAS, Dr. Purce worked actively with faculty and staff to achieve above average student engagement on many benchmark measures of the National Survey of Student Engagement, including level of academic challenge, active and collaborative learning, student-faculty interaction, enriching educational experiences, and supportive campus environment; and

WHEREAS, Dr. Purce strengthened Evergreen's commitment to serving, educating, and graduating underrepresented students by establishing the College as a leader for historically underrepresented, first-generation, and low-income students, and expanding partnerships with Washington's tribes and military partners; and

WHEREAS, Dr. Purce has overseen the growth of Evergreen's main campus in Olympia; program in Tacoma; partnerships with Grays Harbor College, South Puget Sound Community College, and Centralia College; unique reservation-based program for Native American students at six locations in the Puget Sound; and more than 400 articulation agreements with over thirty Washington community colleges; and

WHEREAS, Dr. Purce successfully guided Evergreen through the economic crisis of the Great Recession, while still strengthening the College's commitment to serving underrepresented students in the liberal arts and sciences; and

WHEREAS, Dr. Purce's professional legacy of true dedication towards higher education will continue to live on through the students and faculty he inspired and worked with;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives recognize and congratulate Dr. Thomas L. "Les" Purce for his twenty-eight years of service to higher education in Washington, and for his dedication to quality, efficiency, diversity, equity, and sustainability in the liberal arts and sciences; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Dr. Purce and the Board of Trustees of The Evergreen State College.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be adoption of House Resolution No. 4630.

 

HOUSE RESOLUTION NO. 4630 was adopted.

 

RESOLUTION

 

HOUSE RESOLUTION NO. 4632, by Representatives Stambaugh, Fagan, Johnson, Orwall, Griffey, Zeiger, MacEwen, Kochmar, Ryu, Walsh, Muri, S. Hunt, and McCabe

 

WHEREAS, The annual Daffodil Festival is a cherished tradition for the people of Pierce County and the Northwest; and

WHEREAS, 2015 marks the 82nd annual Daffodil Festival, and the theme of this year's festival is "Shine Your Light With Service"; and

WHEREAS, The mission of the Daffodil Festival is to focus national and regional attention on our local area as a place to live and visit, to give citizens of Pierce County a civic endeavor where "Shine Your Light With Service" comes alive, to foster civic pride, to give young people and organizations of the local area an opportunity to display their talents and abilities, to give voice to citizens' enthusiasm through parades, pageantry, and events, and to stimulate the economy through expenditures by and for the Festival and by visitors attracted during Festival Week; and

WHEREAS, The Festival began in 1926 as a modest garden party in Sumner and grew steadily each year until 1934, when flowers, which previously had been largely discarded in favor of daffodil bulbs, were used to decorate cars and bicycles for a short parade through Tacoma; and

WHEREAS, The Festival's 2015 events include the 82nd Annual Grand Floral Street Parade on April 11, 2015—winding its way from downtown Tacoma through the communities of Puyallup, Sumner, and Orting, and consisting of approximately 150 entries, including bands, marching and mounted units, and floats that are decorated with fresh-cut Daffodils numbering in the thousands—and will culminate with the Marine parade on April 12, 2015; and

WHEREAS, This year's Festival royalty includes Pelumi Ajibade, Stadium; Ashley Becker, Bonney Lake; Kenzie Bjornson, Cascade Christian; Kyla Farris, Rogers; Madison Gordon, Wilson; Kasey Hewitt, Lakes; Emily Inskeep, Chief Leschi; Jaskirat Kaur, Emerald Ridge; Madison Lindahl, Puyallup; Rachel Price, Eatonville; Bailey Rasmussen, White River; Kaitlin Ringus, Fife; Nicole Ripley, Henry Foss; Tia Robbins, Franklin Pierce; Ransom Satterlee, Bethel; Athena Sok, Lincoln; Victoria Ann Tirado, Clover Park; Bailee Towns, Graham Kapowsin; Taylor Trujillo, Spanaway Lake; Samantha Ward, Sumner; Sharon Washington, Washington; Shannon Woods, Mt. Tahoma; Madison Zahn, Orting; and Lyndsay Zemanek, Curtis;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize and honor the many contributions made to our state by the Daffodil Festival and its organizers for the past eighty-two years; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the 2015 Daffodil Festival Officers and to the members of the Festival Royalty.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be adoption of House Resolution No. 4632.

 

HOUSE RESOLUTION NO. 4632 was adopted.

 

RESOLUTION

 

HOUSE RESOLUTION NO. 4633, by Representatives Gregory and Kochmar

 

WHEREAS, It is the policy of the Washington State House of Representatives to recognize the extraordinary accomplishments of high school students and athletes; and

WHEREAS, The Federal Way Eagles boys' basketball team started an incredible journey in December 2014 that ended with the Class 4A State Boys' Basketball Championship trophy being lifted high above their heads in March 2015; and

WHEREAS, The Federal Way Eagles were able to overcome all odds and win this competition for the second time in their school's history; and

WHEREAS, The Federal Way Eagles exhibited a season-long dedication to training and teamwork that led to their championship; and

WHEREAS, The championship is celebrated by each and every member of the team, and the team's managers and coaches; and

WHEREAS, The leadership of Coach Jerome Collins set the direction for this accomplished and inspired team; and

WHEREAS, Coach Jerome Collins also inspired the Federal Way Eagles to win their first championship during the 2008-2009 season; and

WHEREAS, The Federal Way Eagles were sustained in their drive to this victory through the staunch support of family and community, and their resonating expressions of enthusiastic support;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives honor the Federal Way Eagles boys' basketball team, whose commitment, exceptional teamwork, and athletic achievements make them admirable holders of the 2015 4A State Boys' Basketball Championship trophy; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the Federal Way Eagles boys' basketball team, the team's managers and coaches, and the Federal Way High School principal.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be adoption of House Resolution No. 4633.

 

HOUSE RESOLUTION NO. 4633 was adopted.

 

The Speaker (Representative Orwall presiding) called upon Representative Sullivan to preside.

 

There being no objection, the House advanced to the fifth order of business.

 

REPORTS OF STANDING COMMITTEES

 

March 30, 20150)

E2SSB 5057       Prime Sponsor, Committee on Ways & Means: Concerning the safe transport of hazardous materials.  Reported by Committee on Environment

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 90.56.005 and 2010 1st sp.s. c 7 s 72 are each amended to read as follows:

(1) The legislature declares that waterborne transportation as a source of supply for oil and hazardous substances poses special concern for the state of Washington. Each year billions of gallons of crude oil and refined petroleum products are transported as cargo and fuel by vessels on the navigable waters of the state. The movement of crude oil through rail corridors and over Washington waters creates safety and environmental risks. The sources and transport of crude oil bring risks to our communities along rail lines and to the Columbia river, Grays Harbor, and Puget Sound waters. These shipments are expected to increase in the coming years. Vessels and trains transporting oil into Washington travel on some of the most unique and special marine environments in the United States. These marine environments are a source of natural beauty, recreation, and economic livelihood for many residents of this state. As a result, the state has an obligation to ensure the citizens of the state that the waters of the state will be protected from oil spills.

(2) The legislature finds that prevention is the best method to protect the unique and special marine environments in this state. The technology for containing and cleaning up a spill of oil or hazardous substances is at best only partially effective. Preventing spills is more protective of the environment and more cost-effective when all the response and damage costs associated with responding to a spill are considered. Therefore, the legislature finds that the primary objective of the state is to achieve a zero spills strategy to prevent any oil or hazardous substances from entering waters of the state.

(3) The legislature also finds that:

(a) Recent accidents in Washington, Alaska, southern California, Texas, Pennsylvania, and other parts of the nation have shown that the transportation, transfer, and storage of oil have caused significant damage to the marine environment;

(b) Even with the best efforts, it is nearly impossible to remove all oil that is spilled into the water, and average removal rates are only fourteen percent;

(c) Washington's navigable waters are treasured environmental and economic resources that the state cannot afford to place at undue risk from an oil spill;

(d) The state has a fundamental responsibility, as the trustee of the state's natural resources and the protector of public health and the environment to prevent the spill of oil; and

(e) In section 5002 of the federal oil pollution act of 1990, the United States congress found that many people believed that complacency on the part of industry and government was one of the contributing factors to the Exxon Valdez spill and, further, that one method to combat this complacency is to involve local citizens in the monitoring and oversight of oil spill plans. Congress also found that a mechanism should be established that fosters the long-term partnership of industry, government, and local communities in overseeing compliance with environmental concerns in the operation of crude oil terminals. Moreover, congress concluded that, in addition to Alaska, a program of citizen monitoring and oversight should be established in other major crude oil terminals in the United States because recent oil spills indicate that the safe transportation of oil is a national problem.

(4) In order to establish a comprehensive prevention and response program to protect Washington's waters and natural resources from spills of oil, it is the purpose of this chapter:

(a) To establish state agency expertise in marine safety and to centralize state activities in spill prevention and response activities;

(b) To prevent spills of oil and to promote programs that reduce the risk of both catastrophic and small chronic spills;

(c) To ensure that responsible parties are liable, and have the resources and ability, to respond to spills and provide compensation for all costs and damages;

(d) To provide for state spill response and wildlife rescue planning and implementation;

(e) To support and complement the federal oil pollution act of 1990 and other federal law, especially those provisions relating to the national contingency plan for cleanup of oil spills and discharges, including provisions relating to the responsibilities of state agencies designated as natural resource trustees. The legislature intends this chapter to be interpreted and implemented in a manner consistent with federal law;

(f) To provide broad powers of regulation to the department of ecology relating to spill prevention and response;

(g) To provide for independent review on an ongoing basis the adequacy of oil spill prevention, preparedness, and response activities in this state; ((and))

(h) To provide an adequate funding source for state response and prevention programs; and

(i) To maintain the best achievable protection that can be obtained through the use of the best achievable technology and those staffing levels, training procedures, and operational methods that provide the greatest degree of protection achievable.

Sec. 2.  RCW 88.46.010 and 2011 c 122 s 1 are each reenacted and amended to read as follows:

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Best achievable protection" means the highest level of protection that can be achieved through the use of the best achievable technology and those staffing levels, training procedures, and operational methods that provide the greatest degree of protection achievable. The director's determination of best achievable protection shall be guided by the critical need to protect the state's natural resources and waters, while considering:

(a) The additional protection provided by the measures;

(b) The technological achievability of the measures; and

(c) The cost of the measures.

(2)(a) "Best achievable technology" means the technology that provides the greatest degree of protection taking into consideration:

(i) Processes that are being developed, or could feasibly be developed, given overall reasonable expenditures on research and development; and

(ii) Processes that are currently in use.

(b) In determining what is best achievable technology, the director shall consider the effectiveness, engineering feasibility, and commercial availability of the technology.

(3) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, bucket, chute, or belt system.

(4) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel or a passenger vessel, of three hundred or more gross tons, including but not limited to, commercial fish processing vessels and freighters.

(5) "Covered vessel" means a tank vessel, cargo vessel, or passenger vessel.

(6) "Department" means the department of ecology.

(7) "Director" means the director of the department of ecology.

(8) "Discharge" means any spilling, leaking, pumping, pouring, emitting, emptying, or dumping.

(9)(a) "Facility" means any structure, group of structures, equipment, pipeline, or device, other than a vessel, located on or near the navigable waters of the state that transfers oil in bulk to or from a tank vessel or pipeline, that is used for producing, storing, handling, transferring, processing, or transporting oil in bulk.

(b) For the purposes of oil spill contingency planning in RCW 90.56.210, advanced notice of oil transfers in section 8 of this act, and financial responsibility in RCW 88.40.025, facility also means a railroad that is not owned by the state that transports oil as bulk cargo.

(c) A facility does not include any: (i) ((Railroad car,)) Motor vehicle((, or other rolling stock)) while transporting oil over the highways ((or rail lines)) of this state; (ii) retail motor vehicle motor fuel outlet; (iii) facility that is operated as part of an exempt agricultural activity as provided in RCW 82.04.330; (iv) underground storage tank regulated by the department or a local government under chapter 90.76 RCW; or (v) marine fuel outlet that does not dispense more than three thousand gallons of fuel to a ship that is not a covered vessel, in a single transaction.

(10) "Marine facility" means any facility used for tank vessel wharfage or anchorage, including any equipment used for the purpose of handling or transferring oil in bulk to or from a tank vessel.

(11) "Navigable waters of the state" means those waters of the state, and their adjoining shorelines, that are subject to the ebb and flow of the tide and/or are presently used, have been used in the past, or may be susceptible for use to transport intrastate, interstate, or foreign commerce.

(12) "Offshore facility" means any facility located in, on, or under any of the navigable waters of the state, but does not include a facility any part of which is located in, on, or under any land of the state, other than submerged land. "Offshore facility" does not include a marine facility.

(13) "Oil" or "oils" means oil of any kind that is liquid at ((atmospheric temperature)) twenty-five degrees Celsius and one atmosphere of pressure and any fractionation thereof, including, but not limited to, crude oil, bitumen, synthetic crude oil, natural gas well condensate, petroleum, gasoline, fuel oil, diesel oil, biological oils and blends, oil sludge, oil refuse, and oil mixed with wastes other than dredged spoil. Oil does not include any substance listed in Table 302.4 of 40 C.F.R. Part 302 adopted August 14, 1989, under section ((101(14))) 102(a) of the federal comprehensive environmental response, compensation, and liability act of 1980, as amended by P.L. 99‑499.

(14) "Onshore facility" means any facility any part of which is located in, on, or under any land of the state, other than submerged land, that because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters of the state or the adjoining shorelines.

(15)(a) "Owner or operator" means (i) in the case of a vessel, any person owning, operating, or chartering by demise, the vessel; (ii) in the case of an onshore or offshore facility, any person owning or operating the facility; and (iii) in the case of an abandoned vessel or onshore or offshore facility, the person who owned or operated the vessel or facility immediately before its abandonment.

(b) "Operator" does not include any person who owns the land underlying a facility if the person is not involved in the operations of the facility.

(16) "Passenger vessel" means a ship of three hundred or more gross tons with a fuel capacity of at least six thousand gallons carrying passengers for compensation.

(17) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or any other entity whatsoever.

(18) "Race Rocks light" means the nautical landmark located southwest of the city of Victoria, British Columbia.

(19) "Regional vessels of opportunity response group" means a group of nondedicated vessels participating in a vessels of opportunity response system to respond when needed and available to spills in a defined geographic area.

(20) "Severe weather conditions" means observed nautical conditions with sustained winds measured at forty knots and wave heights measured between twelve and eighteen feet.

(21) "Ship" means any boat, ship, vessel, barge, or other floating craft of any kind.

(22) "Spill" means an unauthorized discharge of oil into the waters of the state.

(23) "Strait of Juan de Fuca" means waters off the northern coast of the Olympic Peninsula seaward of a line drawn from New Dungeness light in Clallam county to Discovery Island light on Vancouver Island, British Columbia, Canada.

(24) "Tank vessel" means a ship that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, and that:

(a) Operates on the waters of the state; or

(b) Transfers oil in a port or place subject to the jurisdiction of this state.

(25) "Umbrella plan holder" means a nonprofit corporation established consistent with this chapter for the purposes of providing oil spill response and contingency plan coverage.

(26) "Vessel emergency" means a substantial threat of pollution originating from a covered vessel, including loss or serious degradation of propulsion, steering, means of navigation, primary electrical generating capability, and seakeeping capability.

(27) "Vessels of opportunity response system" means nondedicated boats and operators, including fishing and other vessels, that are under contract with and equipped by contingency plan holders to assist with oil spill response activities, including on-water oil recovery in the near shore environment and the placement of oil spill containment booms to protect sensitive habitats.

(28) "Volunteer coordination system" means an oil spill response system that, before a spill occurs, prepares for the coordination of volunteers to assist with appropriate oil spill response activities, which may include shoreline protection and cleanup, wildlife recovery, field observation, light construction, facility maintenance, donations management, clerical support, and other aspects of a spill response.

(29) "Waters of the state" includes lakes, rivers, ponds, streams, inland waters, underground water, salt waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington.

(30) "Worst case spill" means: (a) In the case of a vessel, a spill of the entire cargo and fuel of the vessel complicated by adverse weather conditions; and (b) in the case of an onshore or offshore facility, the largest foreseeable spill in adverse weather conditions.

Sec. 3.  RCW 90.56.010 and 2007 c 347 s 6 are each amended to read as follows:

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Best achievable protection" means the highest level of protection that can be achieved through the use of the best achievable technology and those staffing levels, training procedures, and operational methods that provide the greatest degree of protection achievable. The director's determination of best achievable protection shall be guided by the critical need to protect the state's natural resources and waters, while considering (a) the additional protection provided by the measures; (b) the technological achievability of the measures; and (c) the cost of the measures.

(2) "Best achievable technology" means the technology that provides the greatest degree of protection taking into consideration (a) processes that are being developed, or could feasibly be developed, given overall reasonable expenditures on research and development, and (b) processes that are currently in use. In determining what is best achievable technology, the director shall consider the effectiveness, engineering feasibility, and commercial availability of the technology.

(3) "Board" means the pollution control hearings board.

(4) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel or a passenger vessel, three hundred or more gross tons, including but not limited to, commercial fish processing vessels and freighters.

(5) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, bucket, chute, or belt system.

(6) "Committee" means the preassessment screening committee established under RCW 90.48.368.

(7) "Covered vessel" means a tank vessel, cargo vessel, or passenger vessel.

(8) "Department" means the department of ecology.

(9) "Director" means the director of the department of ecology.

(10) "Discharge" means any spilling, leaking, pumping, pouring, emitting, emptying, or dumping.

(11)(a) "Facility" means any structure, group of structures, equipment, pipeline, or device, other than a vessel, located on or near the navigable waters of the state that transfers oil in bulk to or from a tank vessel or pipeline, that is used for producing, storing, handling, transferring, processing, or transporting oil in bulk.

(b) For the purposes of oil spill contingency planning in RCW 90.56.210, advanced notice of oil transfers in section 8 of this act, and financial responsibility in RCW 88.40.025, facility also means a railroad that is not owned by the state that transports oil as bulk cargo.

(c) A facility does not include any: (i) ((Railroad car,)) Motor vehicle((, or other rolling stock)) while transporting oil over the highways ((or rail lines)) of this state; (ii) underground storage tank regulated by the department or a local government under chapter 90.76 RCW; (iii) motor vehicle motor fuel outlet; (iv) facility that is operated as part of an exempt agricultural activity as provided in RCW 82.04.330; or (v) marine fuel outlet that does not dispense more than three thousand gallons of fuel to a ship that is not a covered vessel, in a single transaction.

(12) "Fund" means the state coastal protection fund as provided in RCW 90.48.390 and 90.48.400.

(13) "Having control over oil" shall include but not be limited to any person using, storing, or transporting oil immediately prior to entry of such oil into the waters of the state, and shall specifically include carriers and bailees of such oil.

(14) "Marine facility" means any facility used for tank vessel wharfage or anchorage, including any equipment used for the purpose of handling or transferring oil in bulk to or from a tank vessel.

(15) "Navigable waters of the state" means those waters of the state, and their adjoining shorelines, that are subject to the ebb and flow of the tide and/or are presently used, have been used in the past, or may be susceptible for use to transport intrastate, interstate, or foreign commerce.

(16) "Necessary expenses" means the expenses incurred by the department and assisting state agencies for (a) investigating the source of the discharge; (b) investigating the extent of the environmental damage caused by the discharge; (c) conducting actions necessary to clean up the discharge; (d) conducting predamage and damage assessment studies; and (e) enforcing the provisions of this chapter and collecting for damages caused by a discharge.

(17) "Oil" or "oils" means oil of any kind that is liquid at ((atmospheric temperature)) twenty-five degrees Celsius and one atmosphere of pressure and any fractionation thereof, including, but not limited to, crude oil, bitumen, synthetic crude oil, natural gas well condensate, petroleum, gasoline, fuel oil, diesel oil, biological oils and blends, oil sludge, oil refuse, and oil mixed with wastes other than dredged spoil. Oil does not include any substance listed in Table 302.4 of 40 C.F.R. Part 302 adopted August 14, 1989, under section ((101(14))) 102(a) of the federal comprehensive environmental response, compensation, and liability act of 1980, as amended by P.L. 99‑499.

(18) "Offshore facility" means any facility located in, on, or under any of the navigable waters of the state, but does not include a facility any part of which is located in, on, or under any land of the state, other than submerged land.

(19) "Onshore facility" means any facility any part of which is located in, on, or under any land of the state, other than submerged land, that because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters of the state or the adjoining shorelines.

(20)(a) "Owner or operator" means (i) in the case of a vessel, any person owning, operating, or chartering by demise, the vessel; (ii) in the case of an onshore or offshore facility, any person owning or operating the facility; and (iii) in the case of an abandoned vessel or onshore or offshore facility, the person who owned or operated the vessel or facility immediately before its abandonment.

(b) "Operator" does not include any person who owns the land underlying a facility if the person is not involved in the operations of the facility.

(21) "Passenger vessel" means a ship of three hundred or more gross tons with a fuel capacity of at least six thousand gallons carrying passengers for compensation.

(22) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or any other entity whatsoever.

(23) "Ship" means any boat, ship, vessel, barge, or other floating craft of any kind.

(24) "Spill" means an unauthorized discharge of oil or hazardous substances into the waters of the state.

(25) "Tank vessel" means a ship that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, and that:

(a) Operates on the waters of the state; or

(b) Transfers oil in a port or place subject to the jurisdiction of this state.

(26) "Waters of the state" includes lakes, rivers, ponds, streams, inland waters, underground water, salt waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington.

(27) "Worst case spill" means: (a) In the case of a vessel, a spill of the entire cargo and fuel of the vessel complicated by adverse weather conditions; and (b) in the case of an onshore or offshore facility, the largest foreseeable spill in adverse weather conditions.

(28) "Crude oil" means any naturally occurring hydrocarbons coming from the earth that are liquid at twenty-five degrees Celsius and one atmosphere of pressure including, but not limited to, crude oil, bitumen and diluted bitumen, synthetic crude oil, and natural gas well condensate.

Sec. 4.  RCW 90.56.200 and 2000 c 69 s 19 are each amended to read as follows:

(1) The owner or operator for each onshore and offshore facility, except as determined in subsection (3) of this section, shall prepare and submit to the department an oil spill prevention plan in conformance with the requirements of this chapter. The plans shall be submitted to the department in the time and manner directed by the department. The spill prevention plan may be consolidated with a spill contingency plan submitted pursuant to RCW 90.56.210. The department may accept plans prepared to comply with other state or federal law as spill prevention plans to the extent those plans comply with the requirements of this chapter. The department, by rule, shall establish standards for spill prevention plans.

(2) The spill prevention plan for an onshore or offshore facility shall:

(a) Establish compliance with the federal oil pollution act of 1990, if applicable, and financial responsibility requirements under federal and state law;

(b) Certify that supervisory and other key personnel in charge of transfer, storage, and handling of oil have received certification pursuant to RCW 90.56.220;

(c) Certify that the facility has an operations manual required by RCW 90.56.230;

(d) Certify the implementation of alcohol and drug use awareness programs;

(e) Describe the facility's maintenance and inspection program and contain a current maintenance and inspection record of the storage and transfer facilities and related equipment;

(f) Describe the facility's alcohol and drug treatment programs;

(g) Describe spill prevention technology that has been installed, including overflow alarms, automatic overflow cut-off switches, secondary containment facilities, and storm water retention, treatment, and discharge systems;

(h) Describe any discharges of oil to the land or the water of more than twenty-five barrels in the prior five years and the measures taken to prevent a reoccurrence;

(i) Describe the procedures followed by the facility to contain and recover any oil that spills during the transfer of oil to or from the facility;

(j) Provide for the incorporation into the facility during the period covered by the plan of those measures that will provide the best achievable protection for the public health and the environment; and

(k) Include any other information reasonably necessary to carry out the purposes of this chapter required by rules adopted by the department.

(3) Plan requirements in subsection (2) of this section are not applicable to railroad facility operators while transporting oil over rail lines of this state.

(4) The department shall only approve a prevention plan if it provides the best achievable protection from damages caused by the discharge of oil into the waters of the state and if it determines that the plan meets the requirements of this section and rules adopted by the department.

(((4))) (5) Upon approval of a prevention plan, the department shall provide to the person submitting the plan a statement indicating that the plan has been approved, the facilities covered by the plan, and other information the department determines should be included.

(((5))) (6) The approval of a prevention plan shall be valid for five years. An owner or operator of a facility shall notify the department in writing immediately of any significant change of which it is aware affecting its prevention plan, including changes in any factor set forth in this section or in rules adopted by the department. The department may require the owner or operator to update a prevention plan as a result of these changes.

(((6))) (7) The department by rule shall require prevention plans to be reviewed, updated, if necessary, and resubmitted to the department at least once every five years.

(((7))) (8) Approval of a prevention plan by the department does not constitute an express assurance regarding the adequacy of the plan nor constitute a defense to liability imposed under this chapter or other state law.

(((8))) (9) This section does not authorize the department to modify the terms of a collective bargaining agreement.

Sec. 5.  RCW 90.56.210 and 2005 c 78 s 1 are each amended to read as follows:

(1) Each onshore and offshore facility shall have a contingency plan for the containment and cleanup of oil spills from the facility into the waters of the state and for the protection of fisheries and wildlife, shellfish beds, natural resources, and public and private property from such spills. The department shall by rule adopt and periodically revise standards for the preparation of contingency plans. The department shall require contingency plans, at a minimum, to meet the following standards:

(a) Include full details of the method of response to spills of various sizes from any facility which is covered by the plan;

(b) Be designed to be capable in terms of personnel, materials, and equipment, of promptly and properly, to the maximum extent practicable, as defined by the department removing oil and minimizing any damage to the environment resulting from a worst case spill;

(c) Provide a clear, precise, and detailed description of how the plan relates to and is integrated into relevant contingency plans which have been prepared by cooperatives, ports, regional entities, the state, and the federal government;

(d) Provide procedures for early detection of oil spills and timely notification of such spills to appropriate federal, state, and local authorities under applicable state and federal law;

(e) State the number, training preparedness, and fitness of all dedicated, prepositioned personnel assigned to direct and implement the plan;

(f) Incorporate periodic training and drill programs to evaluate whether personnel and equipment provided under the plan are in a state of operational readiness at all times;

(g) Describe important features of the surrounding environment, including fish and wildlife habitat, shellfish beds, environmentally and archaeologically sensitive areas, and public facilities. The departments of ecology, fish and wildlife, and natural resources, and the ((office)) department of archaeology and historic preservation, upon request, shall provide information that they have available to assist in preparing this description. The description of archaeologically sensitive areas shall not be required to be included in a contingency plan until it is reviewed and updated pursuant to subsection (9) of this section;

(h) State the means of protecting and mitigating effects on the environment, including fish, shellfish, marine mammals, and other wildlife, and ensure that implementation of the plan does not pose unacceptable risks to the public or the environment;

(i) Provide arrangements for the prepositioning of oil spill containment and cleanup equipment and trained personnel at strategic locations from which they can be deployed to the spill site to promptly and properly remove the spilled oil;

(j) Provide arrangements for enlisting the use of qualified and trained cleanup personnel to implement the plan;

(k) Provide for disposal of recovered spilled oil in accordance with local, state, and federal laws;

(l) Until a spill prevention plan has been submitted pursuant to RCW 90.56.200, state the measures that have been taken to reduce the likelihood that a spill will occur, including but not limited to, design and operation of a facility, training of personnel, number of personnel, and backup systems designed to prevent a spill;

(m) State the amount and type of equipment available to respond to a spill, where the equipment is located, and the extent to which other contingency plans rely on the same equipment; and

(n) If the department has adopted rules permitting the use of dispersants, the circumstances, if any, and the manner for the application of the dispersants in conformance with the department's rules.

(2)(a) The following shall submit contingency plans to the department within six months after the department adopts rules establishing standards for contingency plans under subsection (1) of this section:

(i) Onshore facilities capable of storing one million gallons or more of oil; and

(ii) Offshore facilities.

(b) Contingency plans for all other onshore and offshore facilities shall be submitted to the department within eighteen months after the department has adopted rules under subsection (1) of this section. The department may adopt a schedule for submission of plans within the eighteen-month period.

(3) The department by rule shall determine the contingency plan requirements for railroads transporting oil in bulk. Federal oil spill response plans created pursuant to 33 U.S.C. Sec. 1321 may be submitted in lieu of contingency plans until state rules are adopted.

(4)(a) The owner or operator of a facility shall submit the contingency plan for the facility.

(b) A person who has contracted with a facility to provide containment and cleanup services and who meets the standards established pursuant to RCW 90.56.240, may submit the plan for any facility for which the person is contractually obligated to provide services. Subject to conditions imposed by the department, the person may submit a single plan for more than one facility.

(((4))) (5) A contingency plan prepared for an agency of the federal government or another state that satisfies the requirements of this section and rules adopted by the department may be accepted by the department as a contingency plan under this section. The department shall ensure that to the greatest extent possible, requirements for contingency plans under this section are consistent with the requirements for contingency plans under federal law.

(((5))) (6) In reviewing the contingency plans required by this section, the department shall consider at least the following factors:

(a) The adequacy of containment and cleanup equipment, personnel, communications equipment, notification procedures and call down lists, response time, and logistical arrangements for coordination and implementation of response efforts to remove oil spills promptly and properly and to protect the environment;

(b) The nature and amount of vessel traffic within the area covered by the plan;

(c) The volume and type of oil being transported within the area covered by the plan;

(d) The existence of navigational hazards within the area covered by the plan;

(e) The history and circumstances surrounding prior spills of oil within the area covered by the plan;

(f) The sensitivity of fisheries, shellfish beds, and wildlife and other natural resources within the area covered by the plan;

(g) Relevant information on previous spills contained in on-scene coordinator reports prepared by the department; and

(h) The extent to which reasonable, cost-effective measures to prevent a likelihood that a spill will occur have been incorporated into the plan.

(((6))) (7) The department shall approve a contingency plan only if it determines that the plan meets the requirements of this section and that, if implemented, the plan is capable, in terms of personnel, materials, and equipment, of removing oil promptly and properly and minimizing any damage to the environment.

(((7))) (8) The approval of the contingency plan shall be valid for five years. Upon approval of a contingency plan, the department shall provide to the person submitting the plan a statement indicating that the plan has been approved, the facilities or vessels covered by the plan, and other information the department determines should be included.

(((8))) (9) An owner or operator of a facility shall notify the department in writing immediately of any significant change of which it is aware affecting its contingency plan, including changes in any factor set forth in this section or in rules adopted by the department. The department may require the owner or operator to update a contingency plan as a result of these changes.

(((9))) (10) The department by rule shall require contingency plans to be reviewed, updated, if necessary, and resubmitted to the department at least once every five years.

(((10))) (11) Approval of a contingency plan by the department does not constitute an express assurance regarding the adequacy of the plan nor constitute a defense to liability imposed under this chapter or other state law.

Sec. 6.  RCW 90.56.500 and 2009 c 11 s 9 are each amended to read as follows:

(1) The state oil spill response account is created in the state treasury. All receipts from RCW 82.23B.020(1) shall be deposited in the account. All costs reimbursed to the state by a responsible party or any other person for responding to a spill of oil shall also be deposited in the account. Moneys in the account shall be spent only after appropriation. The account is subject to allotment procedures under chapter 43.88 RCW.

(2) The account shall be used exclusively to pay for:

(a) The costs associated with the response to spills or threats of spills of crude oil or petroleum products into the ((navigable)) waters of the state; and

(b) The costs associated with the department's use of ((the)) an emergency response towing vessel ((as described in RCW 88.46.135)).

(3) Payment of response costs under subsection (2)(a) of this section shall be limited to spills which the director has determined are likely to exceed ((fifty)) one thousand dollars.

(4) Before expending moneys from the account, but without delaying response activities, the director shall make reasonable efforts to obtain funding for response costs under subsection (2) of this section from the person responsible for the spill and from other sources, including the federal government.

(5) Reimbursement for response costs from this account shall be allowed only for costs which are not covered by funds appropriated to the agencies responsible for response activities. Costs associated with the response to spills of crude oil or petroleum products shall include:

(a) Natural resource damage assessment and related activities;

(b) Spill related response, containment, wildlife rescue, cleanup, disposal, and associated costs;

(c) Interagency coordination and public information related to a response; and

(d) Appropriate travel, goods and services, contracts, and equipment.

Sec. 7.  RCW 90.56.510 and 2000 c 69 s 22 are each amended to read as follows:

(1) The oil spill prevention account is created in the state treasury. All receipts from RCW 82.23B.020(2) shall be deposited in the account. Moneys from the account may be spent only after appropriation. The account is subject to allotment procedures under chapter 43.88 RCW. If, on the first day of any calendar month, the balance of the oil spill response account is greater than nine million dollars and the balance of the oil spill prevention account exceeds the unexpended appropriation for the current biennium, then the tax under RCW 82.23B.020(2) shall be suspended on the first day of the next calendar month until the beginning of the following biennium, provided that the tax shall not be suspended during the last six months of the biennium. If the tax imposed under RCW 82.23B.020(2) is suspended during two consecutive biennia, the department shall by November 1st after the end of the second biennium, recommend to the appropriate standing committees an adjustment in the tax rate. For the biennium ending June 30, 1999, and the biennium ending June 30, 2001, the state treasurer may transfer a total of up to one million dollars from the oil spill response account to the oil spill prevention account to support appropriations made from the oil spill prevention account in the omnibus appropriations act adopted not later than June 30, 1999.

(2) Expenditures from the oil spill prevention account shall be used exclusively for the administrative costs related to the purposes of this chapter, and chapters 90.48, 88.40, and 88.46 RCW. In addition, until June 30, 2019, expenditures from the oil spill prevention account may be used for the development and annual review of local emergency planning committee emergency response plans in RCW 38.52.040(3). Starting with the 1995-1997 biennium, the legislature shall give activities of state agencies related to prevention of oil spills priority in funding from the oil spill prevention account. Costs of prevention include the costs of:

(a) Routine responses not covered under RCW 90.56.500;

(b) Management and staff development activities;

(c) Development of rules and policies and the statewide plan provided for in RCW 90.56.060;

(d) Facility and vessel plan review and approval, drills, inspections, investigations, enforcement, and litigation;

(e) Interagency coordination and public outreach and education;

(f) Collection and administration of the tax provided for in chapter 82.23B RCW; and

(g) Appropriate travel, goods and services, contracts, and equipment.

(3) Before expending moneys from the account for a response under subsection (2)(a) of this section, but without delaying response activities, the director shall make reasonable efforts to obtain funding for response costs under this section from the person responsible for the spill and from other sources, including the federal government.

NEW SECTION.  Sec. 8.  A new section is added to chapter 90.56 RCW to read as follows:

(1)(a) A facility that receives crude oil from a railroad car must provide advance notice to the department that the facility will receive crude oil from a railroad car, as provided in this section. The advance notice must include the route taken to the facility within the state, if known, and the scheduled time, location, volume, and type of crude oil received. Each week, a facility that provides advance notice under this section must provide the required information regarding the scheduled arrival of railroad cars carrying crude oil to be received by the facility in the succeeding seven-day period. A facility is not required to provide advance notice when there is no receipt of crude oil from a railroad car scheduled for a seven-day period.

(b) Twice per year, pipelines must report to the department the following information about the crude oil transported by the pipeline through the state: The volume of crude oil, the type of crude oil, and the types of diluting agents used in the crude oil. This report must be submitted each year by July 31st for the period January 1st through June 30th and by January 31st for the period July 1st through December 31st.

(2) The department may share information provided by a facility through the advance notice system established in this section with the state emergency management division and any county, city, tribal, port, or local government emergency response agency upon request.

(3) The department must publish information collected under this section on a quarterly basis on the department's internet web site. With respect to the information reported under subsection (1)(a) of this section, the information published by the department must be aggregated on a statewide basis by route through the state, by week, and by type of crude oil. The report may also include other information available to the department including, but not limited to, place of origin, modes of transport, number of railroad cars delivering crude oil, and number and volume of spills during transport and delivery.

(4)(a) A facility providing advance notice under this section is not responsible for meeting advance notice time frame requirements under subsection (1) of this section in the event that the schedule of arrivals of railroad cars carrying crude oil changes during a seven-day period.

(b) Twice per year, a facility must submit a report to the department that corrects inaccuracies in the advanced notices submitted under subsection (1) of this section. The facility is not required to correct in the report any insubstantial discrepancies between actual and scheduled train arrival times. The report must be submitted each year by July 31st for the period January 1st through June 30th and by January 31st for the period July 1st through December 31st.

(5) Consistent with the requirements of chapter 42.56 RCW, the department and any state, local, tribal, or public agency that receives information provided under this section may not disclose any such information to the public or to nongovernmental entities that is not aggregated and that contains proprietary, commercial, or financial information. The requirement for aggregating information does not apply when information is shared by the department with emergency response agencies as provided in subsection (2) of this section.

(6) The department shall adopt rules to implement this section. The advance notice system required in this section must be consistent with the oil transfer reporting system adopted by the department pursuant to RCW 88.46.165.

NEW SECTION.  Sec. 9.  A new section is added to chapter 90.56 RCW to read as follows:

The department shall periodically evaluate and update planning standards for oil spill response equipment required under contingency plans required by this chapter in order to ensure access in the state to equipment that represents the best achievable protection to respond to a worst case spill and provide for continuous operation of oil spill response activities to the maximum extent practicable and without jeopardizing crew safety, as determined by the incident commander or the unified command.

Sec. 10.  RCW 88.40.011 and 2007 c 347 s 4 are each amended to read as follows:

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Barge" means a vessel that is not self-propelled.

(2) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel, fishing vessel, or a passenger vessel, of three hundred or more gross tons.

(3) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, bucket, chute, or belt system.

(4) "Covered vessel" means a tank vessel, cargo vessel, or passenger vessel.

(5) "Department" means the department of ecology.

(6) "Director" means the director of the department of ecology.

(7)(a) "Facility" means any structure, group of structures, equipment, pipeline, or device, other than a vessel, located on or near the navigable waters of the state that transfers oil in bulk to or from any vessel with an oil carrying capacity over two hundred fifty barrels or pipeline, that is used for producing, storing, handling, transferring, processing, or transporting oil in bulk.

(b) For the purposes of oil spill contingency planning in RCW 90.56.210, advanced notice of oil transfers in section 8 of this act, and financial responsibility in RCW 88.40.025, facility also means a railroad that is not owned by the state that transports oil as bulk cargo.

(c) A facility does not include any: (i) ((Railroad car,)) Motor vehicle((, or other rolling stock)) while transporting oil over the highways ((or rail lines)) of this state; (ii) retail motor vehicle motor fuel outlet; (iii) facility that is operated as part of an exempt agricultural activity as provided in RCW 82.04.330; (iv) underground storage tank regulated by the department or a local government under chapter 90.76 RCW; or (v) marine fuel outlet that does not dispense more than three thousand gallons of fuel to a ship that is not a covered vessel, in a single transaction.

(8) "Fishing vessel" means a self-propelled commercial vessel of three hundred or more gross tons that is used for catching or processing fish.

(9) "Gross tons" means tonnage as determined by the United States coast guard under 33 C.F.R. section 138.30.

(10) "Hazardous substances" means any substance listed as of March 1, 2003, in Table 302.4 of 40 C.F.R. Part 302 adopted under section ((101(14))) 102(a) of the federal comprehensive environmental response, compensation, and liability act of 1980, as amended by P.L. 99-499. The following are not hazardous substances for purposes of this chapter:

(a) Wastes listed as F001 through F028 in Table 302.4; and

(b) Wastes listed as K001 through K136 in Table 302.4.

(11) "Navigable waters of the state" means those waters of the state, and their adjoining shorelines, that are subject to the ebb and flow of the tide and/or are presently used, have been used in the past, or may be susceptible for use to transport intrastate, interstate, or foreign commerce.

(12) "Oil" or "oils" means oil of any kind that is liquid at ((atmospheric temperature)) twenty-five degrees Celsius and one atmosphere of pressure and any fractionation thereof, including, but not limited to, crude oil, bitumen, synthetic crude oil, natural gas well condensate, petroleum, gasoline, fuel oil, diesel oil, biological oils and blends, oil sludge, oil refuse, and oil mixed with wastes other than dredged spoil. Oil does not include any substance listed as of March 1, 2003, in Table 302.4 of 40 C.F.R. Part 302 adopted under section ((101(14))) 102(a) of the federal comprehensive environmental response, compensation, and liability act of 1980, as amended by P.L. 99-499.

(13) "Offshore facility" means any facility located in, on, or under any of the navigable waters of the state, but does not include a facility any part of which is located in, on, or under any land of the state, other than submerged land.

(14) "Onshore facility" means any facility any part of which is located in, on, or under any land of the state, other than submerged land, that because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters of the state or the adjoining shorelines.

(15)(a) "Owner or operator" means (i) in the case of a vessel, any person owning, operating, or chartering by demise, the vessel; (ii) in the case of an onshore or offshore facility, any person owning or operating the facility; and (iii) in the case of an abandoned vessel or onshore or offshore facility, the person who owned or operated the vessel or facility immediately before its abandonment.

(b) "Operator" does not include any person who owns the land underlying a facility if the person is not involved in the operations of the facility.

(16) "Passenger vessel" means a ship of three hundred or more gross tons with a fuel capacity of at least six thousand gallons carrying passengers for compensation.

(17) "Ship" means any boat, ship, vessel, barge, or other floating craft of any kind.

(18) "Spill" means an unauthorized discharge of oil into the waters of the state.

(19) "Tank vessel" means a ship that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, and that:

(a) Operates on the waters of the state; or

(b) Transfers oil in a port or place subject to the jurisdiction of this state.

(20) "Waters of the state" includes lakes, rivers, ponds, streams, inland waters, underground water, salt waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington.

(21) "Certificate of financial responsibility" means an official written acknowledgment issued by the director or the director's designee that an owner or operator of a covered vessel or facility, or the owner of the oil, has demonstrated to the satisfaction of the director or the director's designee that the relevant entity has the financial ability to pay for costs and damages caused by an oil spill.

Sec. 11.  RCW 88.40.020 and 2003 c 91 s 3 and 2003 c 56 s 3 are each reenacted and amended to read as follows:

(1) Any barge that transports hazardous substances in bulk as cargo, using any port or place in the state of Washington or the navigable waters of the state shall establish evidence of financial responsibility in the amount of the greater of five million dollars, or three hundred dollars per gross ton of such vessel.

(2)(a) Except as provided in (b) or (c) of this subsection, a tank vessel that carries oil as cargo in bulk shall demonstrate financial responsibility to pay at least five hundred million dollars. The amount of financial responsibility required under this subsection is one billion dollars after January 1, 2004.

(b) The director by rule may establish a lesser standard of financial responsibility for tank vessels of three hundred gross tons or less. The standard shall set the level of financial responsibility based on the quantity of cargo the tank vessel is capable of carrying. The director shall not set the standard for tank vessels of three hundred gross tons or less below that required under federal law.

(c) The owner or operator of a tank vessel who is a member of an international protection and indemnity mutual organization and is covered for oil pollution risks up to the amounts required under this section is not required to demonstrate financial responsibility under this chapter. The director may require the owner or operator of a tank vessel to prove membership in such an organization.

(3)(a) A cargo vessel or passenger vessel that carries oil as fuel shall demonstrate financial responsibility to pay at least three hundred million dollars. However, a passenger vessel that transports passengers and vehicles between Washington state and a foreign country shall demonstrate financial responsibility to pay the greater of at least six hundred dollars per gross ton or five hundred thousand dollars.

(b) The owner or operator of a cargo vessel or passenger vessel who is a member of an international protection and indemnity mutual organization and is covered for oil pollution risks up to the amounts required under this section is not required to demonstrate financial responsibility under this chapter. The director may require the owner or operator of a cargo vessel or passenger vessel to prove membership in such an organization.

(4) A fishing vessel while on the navigable waters of the state must demonstrate financial responsibility in the following amounts: (a) For a fishing vessel carrying predominantly nonpersistent product, one hundred thirty-three dollars and forty cents per incident, for each barrel of total oil storage capacity, persistent and nonpersistent product, on the vessel or one million three hundred thirty-four thousand dollars, whichever is greater; or (b) for a fishing vessel carrying predominantly persistent product, four hundred dollars and twenty cents per incident, for each barrel of total oil storage capacity, persistent product and nonpersistent product, on the vessel or six million six hundred seventy thousand dollars, whichever is greater.

(5) The ((documentation of financial responsibility shall demonstrate the ability of the document holder to meet state and federal financial liability requirements for the actual costs for removal of oil spills, for natural resource damages, and for necessary expenses)) certificate of financial responsibility is conclusive evidence that the person or entity holding the certificate is the party responsible for the specified vessel, facility, or oil for purposes of determining liability pursuant to this chapter.

(6) This section shall not apply to a covered vessel owned or operated by the federal government or by a state or local government.

Sec. 12.  RCW 88.40.025 and 1991 c 200 s 704 are each amended to read as follows:

An onshore or offshore facility shall demonstrate financial responsibility in an amount determined by the department as necessary to compensate the state and affected counties and cities for damages that might occur during a reasonable worst case spill of oil from that facility into the navigable waters of the state. The department shall ((consider such matters as the amount of oil that could be spilled into the navigable waters from the facility, the cost of cleaning up the spilled oil, the frequency of operations at the facility, the damages that could result from the spill and the commercial availability and affordability of financial responsibility)) adopt by rule an amount that will be calculated by multiplying the reasonable per barrel cleanup and damage cost of spilled oil, times the reasonable worst case spill volume, as measured in barrels. This section shall not apply to an onshore or offshore facility owned or operated by the federal government or by the state or local government.

Sec. 13.  RCW 88.40.030 and 2000 c 69 s 32 are each amended to read as follows:

(1) Financial responsibility required by this chapter may be established by any one of, or a combination of, the following methods acceptable to the department of ecology: (((1))) (a) Evidence of insurance; (((2))) (b) surety bonds; (((3))) (c) qualification as a self-insurer; ((or (4))) (d) guaranty; (e) letter of credit; (f) certificate of deposits; (g) protection and indemnity club membership; or (h) other evidence of financial responsibility. Any bond filed shall be issued by a bonding company authorized to do business in the United States. Documentation of such financial responsibility shall be kept on any covered vessel and filed with the department at least twenty-four hours before entry of the vessel into the navigable waters of the state. A covered vessel is not required to file documentation of financial responsibility twenty-four hours before entry of the vessel into the navigable waters of the state, if the vessel has filed documentation of financial responsibility with the federal government, and the level of financial responsibility required by the federal government is the same as or exceeds state requirements. The owner or operator of the vessel may file with the department a certificate evidencing compliance with the requirements of another state's or federal financial responsibility requirements if the state or federal government requires a level of financial responsibility the same as or greater than that required under this chapter.

(2) A certificate of financial responsibility may not have a term greater than one year.

Sec. 14.  RCW 88.40.040 and 2003 c 56 s 4 are each amended to read as follows:

(1) ((It is unlawful for any vessel required to have financial responsibility under this chapter to enter or operate on Washington waters without meeting the requirements of this chapter or rules adopted under this chapter, except)) A vessel or facility need not demonstrate financial responsibility under this chapter prior to using any port or place in the state of Washington or the navigable waters of the state when necessary to avoid injury to the vessel's or facility's crew or passengers. Any vessel owner or operator that does not meet the financial responsibility requirements of this chapter and any rules prescribed thereunder or the federal oil pollution act of 1990 shall be reported by the department to the United States coast guard.

(2) ((The department shall enforce section 1016 of the federal oil pollution act of 1990 as authorized by section 1019 of the federal act.)) Upon notification of an oil spill or discharge or other action or potential liability, the director shall reevaluate the validity of the certificate of financial responsibility. If the director determines that, because of a spill outside of the state or some other action or potential liability, the holder of a certificate may not have the financial resources to pay damages for the oil spill or discharge or other action or potential liability and have resources remaining available to meet the requirements of this chapter, the director may suspend or revoke the certificate.

(3) An owner or operator of more than one covered vessel, more than one facility, or one or more vessels and facilities, is only required to obtain a single certificate of financial responsibility that applies to all of the owner or operator's vessels and facilities.

(4) If a person holds a certificate for more than one covered vessel or facility and a spill or spills occurs from one or more of those vessels or facilities for which the owner or operator may be liable for damages in an amount exceeding five percent of the financial resources reflected by the certificate, as determined by the director, the certificate is immediately considered inapplicable to any vessel or facility not associated with the spill. In that event, the owner or operator shall demonstrate to the satisfaction of the director the amount of financial ability required pursuant to this chapter, as well as the financial ability to pay all damages that arise or have arisen from the spill or spills that have occurred.

Sec. 15.  RCW 88.16.170 and 1991 c 200 s 601 are each amended to read as follows:

Because of the danger of spills, the legislature finds that the transportation of crude oil and refined petroleum products by tankers on the Columbia river, Grays Harbor, and on Puget Sound and adjacent waters creates a great potential hazard to important natural resources of the state and to jobs and incomes dependent on these resources.

The legislature recognizes that the Columbia river has many natural obstacles to navigation and shifting navigation channels that create the risk of an oil spill. The legislature also recognizes Grays Harbor and Puget Sound and adjacent waters are ((a)) relatively confined salt water environments with irregular shorelines and therefore there is a greater than usual likelihood of long-term damage from any large oil spill.

The legislature further recognizes that certain areas of the Columbia river, Grays Harbor, and Puget Sound and adjacent waters have limited space for maneuvering a large oil tanker and that these waters contain many natural navigational obstacles as well as a high density of commercial and pleasure boat traffic.

For these reasons, it is important that large oil tankers be piloted by highly skilled persons who are familiar with local waters and that such ((tankers)) vessels have sufficient capability for rapid maneuvering responses.

It is therefore the intent and purpose of RCW 88.16.180 and 88.16.190 to decrease the likelihood of oil spills on the Columbia river, Grays Harbor, and on Puget Sound and its shorelines by ((requiring all oil tankers above a certain size to employ licensed pilots and to be escorted by a tug or tugs while navigating on certain areas of Puget Sound and adjacent waters)) establishing safety requirements that comprehensively address spill risks, which may include the establishment of tug escorts and other measures to mitigate safety risks in certain state waters.

Sec. 16.  RCW 88.16.190 and 1994 c 52 s 1 are each amended to read as follows:

(1) ((Any oil tanker, whether enrolled or registered, of greater than one hundred and twenty-five thousand deadweight tons shall be prohibited from proceeding beyond a point east of a line extending from Discovery Island light south to New Dungeness light.

(2) An oil tanker, whether enrolled or registered, of forty to one hundred and twenty-five thousand deadweight tons may proceed beyond the points enumerated in subsection (1) if such tanker possesses all of the following standard safety features:

(a) Shaft horsepower in the ratio of one horsepower to each two and one-half deadweight tons; and

(b) Twin screws; and

(c) Double bottoms, underneath all oil and liquid cargo compartments; and

(d) Two radars in working order and operating, one of which must be collision avoidance radar; and

(e) Such other navigational position location systems as may be prescribed from time to time by the board of pilotage commissioners:

PROVIDED, That, if such forty to one hundred and twenty-five thousand deadweight ton tanker is in ballast or is under escort of a tug or tugs with an aggregate shaft horsepower equivalent to five percent of the deadweight tons of that tanker, subsection (2) of this section shall not apply: PROVIDED FURTHER, That additional tug shaft horsepower equivalencies may be required under certain conditions as established by rule and regulation of the Washington utilities and transportation commission pursuant to chapter 34.05 RCW: PROVIDED FURTHER, That)) Except as provided in subsection (3) of this section, an oil tanker of greater than forty thousand deadweight tons may operate in the waters described in (a) of this subsection, to the extent that these waters are within the territorial boundaries of Washington, only if the oil tanker is under the escort of a tug or tugs in compliance with the requirements of subsection (5) of this section.

(a) Those waters east of a line extending from Discovery Island light south to New Dungeness light and all points in the Puget Sound area.

(b) The state board of pilotage commissioners, in consultation with the department of ecology and relying on the results of vessel traffic risk assessments, may write rules to implement this subsection (1)(b), but only after an event described in subsection (2) of this section takes place and only for the waters directly affected by the facility event. These rules may include tug escort requirements and other safety measures for oil tankers of greater than forty thousand deadweight tons, all articulated tug barges, and other towed waterborne vessels or barges that may apply in the following areas consistent with subsections (3)(a) and (5) of this section:

(i) Within a two-mile radius of the Grays Harbor pilotage district as defined in RCW 88.16.050;

(ii) Any inland portion of the Columbia river or within three miles of Cape Disappointment at the mouth of the Columbia river; or

(iii) The waters identified in (a) of this subsection.

(c) The state board of pilotage commissioners, in consultation with the department of ecology and relying on the results of vessel traffic risk assessments, shall adopt rules by June 30, 2017, to implement this subsection (1)(c). These rules may include tug escort requirements and other safety measures for oil tankers of greater than forty thousand deadweight tons, all articulated tug barges, and other towed waterborne vessels or barges and apply in the following areas consistent with subsections (3)(a) and (5) of this section: The waters described in (a) of this subsection, including all narrow channels of the San Juan Islands archipelago, Rosario Strait, Haro Strait, Boundary Pass, and connected waterways.

(2) The state board of pilotage commissioners may adopt rules under subsection (1)(b) of this section only after:

(a) The governor approves, after January 1, 2015, a recommendation of the energy facility site evaluation council pursuant to RCW 80.50.100 to certify a facility meeting the criteria listed in RCW 80.50.020(12) (d) or (f);

(b) A state agency or a local jurisdiction makes a final determination or issues a final permit after January 1, 2015, to site a new facility required to have a contingency plan pursuant to chapter 90.56 RCW or to provide authority for the first time to process or receive crude oil, as defined in chapter 90.56 RCW, to an existing facility required to have a contingency plan pursuant to chapter 90.56 RCW, other than a facility that is:

(i) A transmission pipeline; or

(ii) A railroad facility; or

(c) The state of Oregon or any local jurisdiction in Oregon makes a final determination or issues a final permit to site a new facility in the watershed of the Columbia river that would be required to have a contingency plan pursuant to chapter 90.56 RCW if an identical facility were located in Washington, or to provide authority for the first time to process or receive crude oil, as defined in chapter 90.56 RCW, to an existing facility that would be required to have a contingency plan pursuant to chapter 90.56 RCW if an identical facility were located in Washington, other than a facility that is:

(i) A transmission pipeline; or

(ii) A railroad facility.

(3)(a) If an oil tanker, articulated tug barge, or other towed waterborne vessel or barge is in ballast, the tug requirements of subsection (1) of this section do not apply.

(b) If an oil tanker is a single-hulled oil tanker of greater than five thousand gross tons, the requirements of subsection (1)(a) of this section do not apply and the oil tanker must instead comply with 33 C.F.R. Part 168, as of the effective date of this section.

(4)(a) Prior to proceeding with rule making as authorized under subsection (1)(b) and (c) of this section, the state board of pilotage commissioners must collaborate with the United States coast guard, the Oregon board of maritime pilots, the Puget Sound, Grays Harbor, and Columbia river harbor safety committees, area tribes, public ports in Oregon and Washington, local governments, and other appropriate entities. In adopting rules, the state board of pilotage commissioners must take into account any tug escort or other maritime safety measures for a water body that were or are required as mitigation or as a condition of a facility siting decision by a state agency or local jurisdiction.

(b) The department may not adopt any rules under this subsection or under subsection (1)(b) and (c) of this section until a vessel traffic risk assessment has been completed for the waters subject to the rule making. In order to adopt a rule under this section or subsection (1)(b) and (c) of this section, the board of pilotage commissioners must determine that the results of a vessel traffic risk assessment provides evidence that the rules are necessary in order to achieve best achievable protection as defined in RCW 88.46.010. In order for the state board of pilotage commissioners to rely on a vessel traffic risk assessment that is conducted after January 1, 2015, the vessel traffic risk assessment must involve a simulation analysis of vessel traffic. A simulation analysis is not required of a vessel traffic risk assessment relied upon by the state board of pilotage commissioners that was conducted before January 1, 2015.

(5) Oil tankers of greater than forty thousand deadweight tons, all articulated tug barges, and other towed waterborne vessels or barges must ensure that any escort tugs they use have an aggregate shaft horsepower equivalent to at least five percent of the deadweight tons of the escorted oil tanker or articulated tug barge. The state board of pilotage commissioners may adopt rules to ensure that escort tugs have sufficient mechanical capabilities to provide for safe escort. Rules adopted on this subject must be designed to achieve best achievable protection as defined under RCW 88.46.010.

(6) A tanker assigned a deadweight of equal to or less than forty thousand deadweight tons at the time of construction or reconstruction as reported in Lloyd's Register of Ships is not subject to the provisions of RCW 88.16.170 through 88.16.190.

(7) The provisions of this section do not apply to pilotage for enrolled tankers.

(8) For the purposes of this section:

(a) "Articulated tug barge" means a tank barge and a towing vessel joined by hinged or articulated fixed mechanical equipment affixed or connecting to the stern of the tank barge.

(b) "Oil tanker" means a self-propelled deep draft tank vessel designed to transport oil in bulk. "Oil tanker" does not include an articulated tug barge tank vessel.

(c) "Waterborne vessel or barge" means any ship, barge, or other watercraft capable of traveling on the navigable waters of this state and capable of transporting any crude oil or petroleum product in quantities of ten thousand gallons or more for purposes other than providing fuel for its motor or engine.

Sec. 17.  RCW 82.23B.010 and 1992 c 73 s 6 are each amended to read as follows:

((Unless the context clearly requires otherwise,)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Barrel" means a unit of measurement of volume equal to forty-two United States gallons of crude oil or petroleum product.

(2) "Crude oil" means any naturally occurring liquid hydrocarbons at atmospheric temperature and pressure coming from the earth, including condensate and natural gasoline.

(3) "Department" means the department of revenue.

(4) "Marine terminal" means a facility of any kind, other than a waterborne vessel, that is used for transferring crude oil or petroleum products to or from a waterborne vessel or barge.

(5) "Navigable waters" means those waters of the state and their adjoining shorelines that are subject to the ebb and flow of the tide, including the Columbia and Snake rivers.

(6) "Person" has the meaning provided in RCW 82.04.030.

(7) "Petroleum product" means any liquid hydrocarbons at atmospheric temperature and pressure that are the product of the fractionation, distillation, or other refining or processing of crude oil, and that are used as, useable as, or may be refined as a fuel or fuel blendstock, including but not limited to, gasoline, diesel fuel, aviation fuel, bunker fuel, and fuels containing a blend of alcohol and petroleum.

(8) "Taxpayer" means the person owning crude oil or petroleum products immediately after receipt of the same into the storage tanks of a marine or bulk oil terminal in this state ((from a waterborne vessel or barge)) and who is liable for the taxes imposed by this chapter.

(9) "Waterborne vessel or barge" means any ship, barge, or other watercraft capable of ((travelling)) traveling on the navigable waters of this state and capable of transporting any crude oil or petroleum product in quantities of ten thousand gallons or more for purposes other than providing fuel for its motor or engine.

(10) "Bulk oil terminal" means a facility of any kind, other than a waterborne vessel, that is used for transferring crude oil or petroleum products from a tank car or pipeline.

(11) "Tank car" means a rail car, the body of which consists of a tank for transporting liquids.

Sec. 18.  RCW 82.23B.020 and 2006 c 256 s 2 are each amended to read as follows:

(1) An oil spill response tax is imposed on the privilege of receiving: (a) Crude oil or petroleum products at a marine terminal within this state from a waterborne vessel or barge operating on the navigable waters of this state; (b) crude oil or petroleum products at a bulk oil terminal within this state from a tank car; or (c) crude oil or petroleum products at a bulk oil terminal within this state from a pipeline. The tax imposed in this section is levied upon the owner of the crude oil or petroleum products immediately after receipt of the same into the storage tanks of a marine or bulk oil terminal from a tank car, pipeline, or waterborne vessel or barge at the rate of one cent per barrel of crude oil or petroleum product received.

(2) In addition to the tax imposed in subsection (1) of this section, an oil spill administration tax is imposed on the privilege of receiving: (a) Crude oil or petroleum products at a marine terminal within this state from a waterborne vessel or barge operating on the navigable waters of this state; (b) crude oil or petroleum products at a bulk oil terminal within this state from a tank car; and (c) crude oil or petroleum products at a bulk oil terminal within this state from a pipeline. The tax imposed in this section is levied upon the owner of the crude oil or petroleum products immediately after receipt of the same into the storage tanks of a marine or bulk oil terminal from a tank car, pipeline, or waterborne vessel or barge at the rate of ((four)) eight cents per barrel of crude oil or petroleum product.

(3) The taxes imposed by this chapter ((shall)) must be collected by the marine or bulk oil terminal operator from the taxpayer. If any person charged with collecting the taxes fails to bill the taxpayer for the taxes, or in the alternative has not notified the taxpayer in writing of the ((imposition of the)) taxes imposed, or having collected the taxes, fails to pay them to the department in the manner prescribed by this chapter, whether such failure is the result of the person's own acts or the result of acts or conditions beyond the person's control, he or she ((shall)), nevertheless, ((be)) is personally liable to the state for the amount of the taxes. Payment of the taxes by the owner to a marine or bulk oil terminal operator ((shall)) relieves the owner from further liability for the taxes.

(4) Taxes collected under this chapter ((shall)) must be held in trust until paid to the department. Any person collecting the taxes who appropriates or converts the taxes collected ((shall be)) is guilty of a gross misdemeanor if the money required to be collected is not available for payment on the date payment is due. The taxes required by this chapter to be collected ((shall)) must be stated separately from other charges made by the marine or bulk oil terminal operator in any invoice or other statement of account provided to the taxpayer.

(5) If a taxpayer fails to pay the taxes imposed by this chapter to the person charged with collection of the taxes and the person charged with collection fails to pay the taxes to the department, the department may, in its discretion, proceed directly against the taxpayer for collection of the taxes.

(6) The taxes ((shall be)) are due from the marine or bulk oil terminal operator, along with reports and returns on forms prescribed by the department, within twenty-five days after the end of the month in which the taxable activity occurs.

(7) The amount of taxes, until paid by the taxpayer to the marine or bulk oil terminal operator or to the department, ((shall)) constitutes a debt from the taxpayer to the marine or bulk oil terminal operator. Any person required to collect the taxes under this chapter who, with intent to violate the provisions of this chapter, fails or refuses to do so as required and any taxpayer who refuses to pay any taxes due under this chapter, ((shall be)) is guilty of a misdemeanor as provided in chapter 9A.20 RCW.

(8) Upon prior approval of the department, the taxpayer may pay the taxes imposed by this chapter directly to the department. The department ((shall)) must give its approval for direct payment under this section whenever it appears, in the department's judgment, that direct payment will enhance the administration of the taxes imposed under this chapter. The department ((shall)) must provide by rule for the issuance of a direct payment certificate to any taxpayer qualifying for direct payment of the taxes. Good faith acceptance of a direct payment certificate by a terminal operator ((shall)) relieves the marine or bulk oil terminal operator from any liability for the collection or payment of the taxes imposed under this chapter.

(9) All receipts from the tax imposed in subsection (1) of this section ((shall)) must be deposited into the state oil spill response account. All receipts from the tax imposed in subsection (2) of this section shall be deposited into the oil spill prevention account.

(10) Within forty-five days after the end of each calendar quarter, the office of financial management ((shall)) must determine the balance of the oil spill response account as of the last day of that calendar quarter. Balance determinations by the office of financial management under this section are final and ((shall)) may not be used to challenge the validity of any tax imposed under this chapter. The office of financial management ((shall)) must promptly notify the departments of revenue and ecology of the account balance once a determination is made. For each subsequent calendar quarter, the tax imposed by subsection (1) of this section shall be imposed during the entire calendar quarter unless:

(a) Tax was imposed under subsection (1) of this section during the immediately preceding calendar quarter, and the most recent quarterly balance is more than nine million dollars; or

(b) Tax was not imposed under subsection (1) of this section during the immediately preceding calendar quarter, and the most recent quarterly balance is more than eight million dollars.

Sec. 19.  RCW 82.23B.030 and 1992 c 73 s 9 are each amended to read as follows:

The taxes imposed under this chapter ((shall)) only apply to the first receipt of crude oil or petroleum products at a marine or bulk oil terminal in this state and not to the later transporting and subsequent receipt of the same oil or petroleum product, whether in the form originally received at a marine or bulk oil terminal in this state or after refining or other processing.

Sec. 20.  RCW 82.23B.040 and 1992 c 73 s 10 are each amended to read as follows:

Credit ((shall)) must be allowed against the taxes imposed under this chapter for any crude oil or petroleum products received at a marine or bulk oil terminal and subsequently exported from or sold for export from the state.

Sec. 21.  RCW 38.52.040 and 2011 1st sp.s. c 21 s 27, 2011 c 336 s 789, and 2011 c 79 s 9 are each reenacted and amended to read as follows:

(1) There is hereby created the emergency management council (hereinafter called the council), to consist of not more than seventeen members who shall be appointed by the adjutant general. The membership of the council shall include, but not be limited to, representatives of city and county governments, sheriffs and police chiefs, the Washington state patrol, the military department, the department of ecology, state and local fire chiefs, seismic safety experts, state and local emergency management directors, search and rescue volunteers, medical professions who have expertise in emergency medical care, building officials, and private industry. The representatives of private industry shall include persons knowledgeable in emergency and hazardous materials management. The councilmembers shall elect a chair from within the council membership. The members of the council shall serve without compensation, but may be reimbursed for their travel expenses incurred in the performance of their duties in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.

(2) The emergency management council shall advise the governor and the director on all matters pertaining to state and local emergency management. The council may appoint such ad hoc committees, subcommittees, and working groups as are required to develop specific recommendations for the improvement of emergency management practices, standards, policies, or procedures. The council shall ensure that the governor receives an annual assessment of statewide emergency preparedness including, but not limited to, specific progress on hazard mitigation and reduction efforts, implementation of seismic safety improvements, reduction of flood hazards, and coordination of hazardous materials planning and response activities. ((The council or a subcommittee thereof shall periodically convene in special session and serve during those sessions as the state emergency response commission required by P.L. 99-499, the emergency planning and community right-to-know act. When sitting in session as the state emergency response commission, the council shall confine its deliberations to those items specified in federal statutes and state administrative rules governing the coordination of hazardous materials policy.)) The council shall review administrative rules governing state and local emergency management practices and recommend necessary revisions to the director.

(3) The council or a council subcommittee shall serve and periodically convene in special session as the state emergency response commission required by the emergency planning and community right-to-know act (42 U.S.C. Sec. 11001 et seq.). The state emergency response commission shall conduct those activities specified in federal statutes and regulations and state administrative rules governing the coordination of hazardous materials policy including, but not limited to, review of local emergency planning committee emergency response plans for compliance with the planning requirements in the emergency planning and community right-to-know act (42 U.S.C. Sec. 11001 et seq.). Committees shall annually review their plans to address changed conditions, and submit their plans to the state emergency response commission for review when updated, but not less than at least once every five years. The department may employ staff to assist local emergency planning committees in the development and annual review of these emergency response plans, with an initial focus on the highest risk communities through which trains that transport oil in bulk travel. By March 1, 2018, the department shall report to the governor and legislature on progress towards compliance with planning requirements. The report must also provide budget and policy recommendations for continued support of local emergency planning.

(4)(a) The intrastate mutual aid committee is created and is a subcommittee of the emergency management council. The intrastate mutual aid committee consists of not more than five members who must be appointed by the council chair from council membership. The chair of the intrastate mutual aid committee is the military department representative appointed as a member of the council. Meetings of the intrastate mutual aid committee must be held at least annually.

(b) In support of the intrastate mutual aid system established in chapter 38.56 RCW, the intrastate mutual aid committee shall develop and update guidelines and procedures to facilitate implementation of the intrastate mutual aid system by member jurisdictions, including but not limited to the following: Projected or anticipated costs; checklists and forms for requesting and providing assistance; recordkeeping; reimbursement procedures; and other implementation issues. These guidelines and procedures are not subject to the rule-making requirements of chapter 34.05 RCW.

Sec. 22.  RCW 81.24.010 and 2007 c 234 s 21 are each amended to read as follows:

(1) Every company subject to regulation by the commission, except those listed in subsection (3) of this section, shall, on or before the date specified by the commission for filing annual reports under RCW 81.04.080, file with the commission a statement on oath showing its gross operating revenue from intrastate operations for the preceding calendar year, or portion thereof, and pay to the commission a fee equal to one-tenth of one percent of the first fifty thousand dollars of gross operating revenue, plus two-tenths of one percent of any gross operating revenue in excess of fifty thousand dollars, except railroad companies which shall each pay to the commission a fee equal to ((one)) two and one-half percent of its intrastate gross operating revenue. In the event that the sum total of intrastate gross operating revenues for the railroad companies operating in Washington declines while the sum total of interstate gross operating revenues increases, the commission may assess a reasonable surcharge on railroad companies to enable collection of moneys up to the sum total of revenues collected in fiscal year 2017 from railroad companies operating in Washington. The commission must adopt a rule to implement the surcharge. The commission may, by rule, set minimum fees that do not exceed the cost of collecting the fees. The commission may by rule waive any or all of the minimum fee established pursuant to this section. Any railroad association that qualifies as a nonprofit charitable organization under the federal internal revenue code section 501(c)(3) is exempt from the fee required under this subsection.

(2) The percentage rates of gross operating revenue to be paid in any one year may be decreased by the commission for any class of companies subject to the payment of such fees, by general order entered before March 1st of such year, and for such purpose railroad companies are classified as class two. Every other company subject to regulation by the commission, for which regulatory fees are not otherwise fixed by law, shall pay fees as herein provided and shall constitute additional classes according to kinds of businesses engaged in.

(3) This section does not apply to private nonprofit transportation providers, auto transportation companies, charter party carriers and excursion service carriers, solid waste collection companies, motor freight carriers, household goods carriers, commercial ferries, and low-level radioactive waste storage facilities.

NEW SECTION.  Sec. 23.  A new section is added to chapter 81.44 RCW to read as follows:

Commission employees certified by the federal railroad administration to perform hazardous materials inspections may enter the property of any business that receives, ships, or offers for shipment hazardous materials by rail. Entry shall be at a reasonable time and in a reasonable manner. The purpose of entry is limited to performing inspections, investigations, or surveillance of equipment, records, and operations relating to the packaging, loading, unloading, or transportation of hazardous materials by rail, pursuant only to the state participation program outlined in 49 C.F.R. Part 212. The term "business" is all inclusive and is not limited to common carriers or public service companies.

Sec. 24.  RCW 81.53.010 and 2013 c 23 s 302 are each amended to read as follows:

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

((The term)) (1) "Commission((,))" ((when used in this chapter,)) means the utilities and transportation commission of Washington.

((The term)) (2) "Highway((,))" ((when used in this chapter,)) includes all state and county roads, streets, alleys, avenues, boulevards, parkways, and other public places actually open and in use, or to be opened and used, for travel by the public.

((The term)) (3) "Railroad((,))" ((when used in this chapter,)) means every railroad, including interurban and suburban electric railroads, by whatsoever power operated, for the public use in the conveyance of persons or property for hire, with all bridges, ferries, tunnels, equipment, switches, spurs, sidings, tracks, stations, and terminal facilities of every kind, used, operated, controlled, managed, or owned by or in connection therewith. The ((said)) term ((shall)) also includes every logging and other industrial railway owned or operated primarily for the purpose of carrying the property of its owners or operators or of a limited class of persons, with all tracks, spurs, and sidings used in connection therewith. The ((said)) term ((shall)) does not include street railways operating within the limits of any incorporated city or town.

((The term)) (4) "Railroad company((,))" ((when used in this chapter,)) includes every corporation, company, association, joint stock association, partnership, or person, its, their, or his or her lessees, trustees, or receivers appointed by any court whatsoever, owning, operating, controlling, or managing any railroad((, as that term is defined in this section)).

((The term)) (5) "Over-crossing((,))" ((when used in this chapter,)) means any point or place where a highway crosses a railroad by passing above the same. "Over-crossing" also means any point or place where one railroad crosses another railroad not at grade.

((The term)) (6) "Under-crossing((,))" ((when used in this chapter,)) means any point or place where a highway crosses a railroad by passing under the same. "Under-crossing" also means any point or place where one railroad crosses another railroad not at grade.

((The term "over-crossing" or "under-crossing," shall also mean any point or place where one railroad crosses another railroad not at grade.

The term)) (7) "Grade crossing((,))" ((when used in this chapter,)) means any point or place where a railroad crosses a highway or a highway crosses a railroad or one railroad crosses another, at a common grade.

(8) "Private crossing" means any point or place where a railroad crosses a private road at grade or a private road crosses a railroad at grade, where the private road is not a highway.

Sec. 25.  RCW 81.53.240 and 1984 c 7 s 375 are each amended to read as follows:

(1) Except to the extent necessary to permit participation by first‑class cities in the grade crossing protective fund, when an election to participate is made as provided in RCW 81.53.261 through 81.53.291, or to the extent a first-class city requests to participate in the commission's crossing safety inspection program within the city, this chapter ((81.53 RCW)) is not operative within the limits of first‑class cities, and does not apply to street railway lines operating on or across any street, alley, or other public place within the limits of any city, except that a streetcar line outside of cities of the first class shall not cross a railroad at grade without express authority from the commission. The commission may not change the location of a state highway without the approval of the secretary of transportation, or the location of any crossing thereon adopted or approved by the department of transportation, or grant a railroad authority to cross a state highway at grade without the consent of the secretary of transportation.

(2) Within thirty days of the effective date of this section, first-class cities must provide to the commission a list of all existing public crossings within the limits of a first-class city, including over and under-crossings, including the United States department of transportation number for the crossing. Within thirty days of modifying, closing, or opening a grade crossing within the limits of a first-class city, the city must notify the commission in writing of the action taken, identifying the crossing by United States department of transportation number.

NEW SECTION.  Sec. 26.  A new section is added to chapter 81.53 RCW to read as follows:

(1) To address the potential public safety hazards presented by private crossings in the state and by the transportation of hazardous materials in the state, including crude oil, the commission is authorized to and must adopt rules governing safety standards for private crossings along the railroad tracks over which crude oil is transported in the state. The commission is also authorized to conduct inspections of the private crossings subject to this section, to order the railroads to make improvements at the private crossings, and enforce the orders.

(2) The commission must adopt rules governing private crossings along railroad tracks over which crude oil is transported in the state, establishing:

(a) Minimum safety standards for the private crossings subject to this section, including, but not limited to, requirements for signage;

(b) Criteria for prioritizing the inspection and improvements of the private crossings subject to this section; and

(c) Requirements governing the responsibilities of railroad companies to oversee the payment and completion of private crossing improvements.

(3) Nothing in this section modifies existing agreements between the railroad company and the landowner governing liability for injuries or damages occurring at the private crossing.

Sec. 27.  RCW 88.46.180 and 2011 c 122 s 2 are each amended to read as follows:

(1) The department shall evaluate and update planning standards for oil spill response equipment required under contingency plans required by this chapter, including aerial surveillance, in order to ensure access in the state to equipment that represents the best achievable protection to respond to a worst case spill and provide for continuous operation of oil spill response activities to the maximum extent practicable and without jeopardizing crew safety, as determined by the incident commander or the unified command.

(2) The department shall by rule update the planning standards at five-year intervals to ensure the maintenance of best available protection over time. Rule updates to covered nontank vessels shall minimize potential impacts to discretionary cargo moved through the state.

(((3) The department shall evaluate and update planning standards for tank vessels by December 31, 2012.))

Sec. 28.  RCW 42.56.270 and 2014 c 192 s 6, 2014 c 174 s 5, and 2014 c 144 s 6 are each reenacted and amended to read as follows:

The following financial, commercial, and proprietary information is exempt from disclosure under this chapter:

(1) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss;

(2) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (a) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (b) highway construction or improvement as required by RCW 47.28.070;

(3) Financial and commercial information and records supplied by private persons pertaining to export services provided under chapters 43.163 and 53.31 RCW, and by persons pertaining to export projects under RCW 43.23.035;

(4) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.325, 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency;

(5) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW;

(6) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information;

(7) Financial and valuable trade information under RCW 51.36.120;

(8) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW;

(9) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010;

(10)(a) Financial information, including but not limited to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation, limited liability company, partnership, or other entity related to an application for a horse racing license submitted pursuant to RCW 67.16.260(1)(b), marijuana producer, processor, or retailer license, liquor license, gambling license, or lottery retail license;

(b) Internal control documents, independent auditors' reports and financial statements, and supporting documents: (i) Of house-banked social card game licensees required by the gambling commission pursuant to rules adopted under chapter 9.46 RCW; or (ii) submitted by tribes with an approved tribal/state compact for class III gaming;

(11) Proprietary data, trade secrets, or other information that relates to: (a) A vendor's unique methods of conducting business; (b) data unique to the product or services of the vendor; or (c) determining prices or rates to be charged for services, submitted by any vendor to the department of social and health services for purposes of the development, acquisition, or implementation of state purchased health care as defined in RCW 41.05.011;

(12)(a) When supplied to and in the records of the department of commerce:

(i) Financial and proprietary information collected from any person and provided to the department of commerce pursuant to RCW 43.330.050(8); and

(ii) Financial or proprietary information collected from any person and provided to the department of commerce or the office of the governor in connection with the siting, recruitment, expansion, retention, or relocation of that person's business and until a siting decision is made, identifying information of any person supplying information under this subsection and the locations being considered for siting, relocation, or expansion of a business;

(b) When developed by the department of commerce based on information as described in (a)(i) of this subsection, any work product is not exempt from disclosure;

(c) For the purposes of this subsection, "siting decision" means the decision to acquire or not to acquire a site;

(d) If there is no written contact for a period of sixty days to the department of commerce from a person connected with siting, recruitment, expansion, retention, or relocation of that person's business, information described in (a)(ii) of this subsection will be available to the public under this chapter;

(13) Financial and proprietary information submitted to or obtained by the department of ecology or the authority created under chapter 70.95N RCW to implement chapter 70.95N RCW;

(14) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the life sciences discovery fund authority in applications for, or delivery of, grants under chapter 43.350 RCW, to the extent that such information, if revealed, would reasonably be expected to result in private loss to the providers of this information;

(15) Financial and commercial information provided as evidence to the department of licensing as required by RCW 19.112.110 or 19.112.120, except information disclosed in aggregate form that does not permit the identification of information related to individual fuel licensees;

(16) Any production records, mineral assessments, and trade secrets submitted by a permit holder, mine operator, or landowner to the department of natural resources under RCW 78.44.085;

(17)(a) Farm plans developed by conservation districts, unless permission to release the farm plan is granted by the landowner or operator who requested the plan, or the farm plan is used for the application or issuance of a permit;

(b) Farm plans developed under chapter 90.48 RCW and not under the federal clean water act, 33 U.S.C. Sec. 1251 et seq., are subject to RCW 42.56.610 and 90.64.190;

(18) Financial, commercial, operations, and technical and research information and data submitted to or obtained by a health sciences and services authority in applications for, or delivery of, grants under RCW 35.104.010 through 35.104.060, to the extent that such information, if revealed, would reasonably be expected to result in private loss to providers of this information;

(19) Information gathered under chapter 19.85 RCW or RCW 34.05.328 that can be identified to a particular business;

(20) Financial and commercial information submitted to or obtained by the University of Washington, other than information the university is required to disclose under RCW 28B.20.150, when the information relates to investments in private funds, to the extent that such information, if revealed, would reasonably be expected to result in loss to the University of Washington consolidated endowment fund or to result in private loss to the providers of this information; ((and))

(21) Market share data submitted by a manufacturer under RCW 70.95N.190(4); ((and))

(22) Financial information supplied to the department of financial institutions or to a portal under RCW 21.20.883, when filed by or on behalf of an issuer of securities for the purpose of obtaining the exemption from state securities registration for small securities offerings provided under RCW 21.20.880 or when filed by or on behalf of an investor for the purpose of purchasing such securities; and

(23)(a) Unaggregated or individual notices of a transfer of crude oil that is financial, proprietary, or commercial information, submitted to the department of ecology pursuant to section 8(1)(a) of this act, and that is in the possession of the department of ecology or any entity with which the department of ecology has shared the notice pursuant to section 8 of this act; and

(b) Information submitted to the department of ecology by pipelines pursuant to section 8(1)(b) of this act that is related to diluting agents contained in transported oil and that is in the possession of the department of ecology or any entity with which the department of ecology has shared the information pursuant to section 8 of this act.

NEW SECTION.  Sec. 29.  A new section is added to chapter 81.40 RCW to read as follows:

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Commission" means the utilities and transportation commission created in chapter 80.01 RCW.

(2) "Hazardous material" means a substance or material the federal secretary of transportation has determined to be capable of posing a significant risk to health, safety, and property when transported in commerce.

(3) "Hazardous material train" means any:

(a) High-hazard flammable train as defined by the United States department of transportation as of the effective date of this section; or

(b) Train containing one or more car loads of spent nuclear fuel or high level nuclear waste.

(4) "Qualified crew member" means a railroad operating craft employee who has been trained and meets the requirements and qualifications as determined by the federal railroad administration for a railroad operating service employee.

(5) "Railroad carrier" means a carrier of persons or property upon vehicles, other than streetcars, operated upon stationary rails, the route of which is principally outside incorporated cities and towns. "Railroad carrier" includes the officers and agents of the railroad carrier.

NEW SECTION.  Sec. 30.  A new section is added to chapter 81.40 RCW to read as follows:

Except as provided in section 31 of this act, the following minimum crew requirements apply:

(1) Any person, corporation, company, or officer of the court operating any railroad, railway, or any part of any railroad or railway, in the state of Washington, and engaged, as a common carrier, in the transportation of freight or passengers, shall operate all trains and switching assignments over its road with crews consisting of no less than two qualified crew members.

(2)(a) Railroad carriers shall operate all hazardous material trains over its road with crews consisting of no less than three qualified crew members. One qualified train crew member shall be assigned to a position located on the rear of the train and within rolling equipment, situated to safely observe and monitor the train's contents and movement.

(b) Railroad carriers shall operate any hazardous material trains consisting of fifty-one or more car loads of any combination of hazardous materials over its road with crews consisting of no less than four qualified crew members. Two qualified crew members shall be assigned to a position on the rear of the train and within rolling equipment, situated to safely observe and monitor the train's contents and movement.

NEW SECTION.  Sec. 31.  A new section is added to chapter 81.40 RCW to read as follows:

(1) Trains transporting hazardous material shipments a distance of five miles or less may operate the train with the required crew members positioned on the lead locomotive.

(2)(a) Class II and class III carriers transporting fewer than twenty loaded hazardous material cars on trains operating on their road while at a speed of twenty-five miles per hour or less are exempt from the additional train crew requirements specified in section 30(2) of this act.

(b) The commission may grant exemptions to the minimum crew size requirements to class III railroad carriers that are not transporting hazardous materials on their road.

(3)(a) The commission may order class I or II railroad carriers to exceed the minimum crew size and operate specific trains, routes, or switching assignments on their road with additional numbers of qualified crew members if it is determined that such an increase in crew size is necessary to protect the safety, health, and welfare of the public and railroad employees, to prevent harm to the environment, and to address local safety and security hazards.

(b) In issuing such an order the commission may consider relevant factors including but not limited to the volatility of the commodities being transported, vulnerabilities, risk exposure to localities along the train route, security risks including sabotage or terrorism threat levels, a railroad carriers prior history of accidents, compliance violations, and track and equipment maintenance issues.

NEW SECTION.  Sec. 32.  A new section is added to chapter 81.40 RCW to read as follows:

(1) Each train or engine run in violation of section 30 of this act constitutes a separate offense. However, section 30 of this act does not apply in the case of disability of one or more members of any train crew while out on the road between division terminals, or assigned to wrecking trains. 

(2) Any person, corporation, company, or officer of the court operating any railroad, or part of any railroad or railway within the state of Washington, and engaged as a common carrier, in the transportation of freight or passengers, who violates any of the provisions of section 30 of this act shall be fined not less than one thousand dollars and not more than one hundred thousand dollars for each offense.

(3) It is the duty of the commission to enforce this section.

NEW SECTION.  Sec. 33.  The following acts or parts of acts are each repealed:

(1)RCW 81.40.010 (Full train crews—Passenger—Safety review—Penalty—Enforcement) and 2003 c 53 s 386, 1992 c 102 s 1, & 1961 c 14 s 81.40.010; and

(2)RCW 81.40.035 (Freight train crews) and 1967 c 2 s 2.

NEW SECTION.  Sec. 34.  A new section is added to chapter 90.56 RCW to read as follows:

(1) The department must provide to the relevant policy and fiscal committees of the senate and house of representatives:

(a) A review of all state geographic response plans and any federal requirements as needed in contingency plans required under RCW 90.56.210 and 88.46.060 by December 31, 2015; and

(b) Annual updates, beginning December 31, 2016, and ending December 31, 2021, as required under RCW 43.01.036, as to the progress made in completing state and federal geographic response plans as needed in contingency plans required under RCW 90.56.060, 90.56.210, and 88.46.060.

(2) The department must contract, if practicable, with eligible independent third parties to ensure completion by December 1, 2017, of at least fifty percent of the geographic response plans as needed in contingency plans required under RCW 90.56.210 and 88.46.060 for the state.

(3) All requirements in this section are subject to the availability of amounts appropriated for the specific purposes described.

NEW SECTION.  Sec. 35.  (1) Subject to the availability of amounts appropriated for this specific purpose, the department of ecology shall provide grants to emergency responders to assist with oil spill and hazardous materials response and firefighting equipment and resources needed to meet the requirements of this act.

(2) For the purposes of determining grant allocations, the department of ecology, in consultation with emergency first responders, oil spill response cooperatives, representatives from the oil and rail industries, and businesses that are recipients of liquid bulk crude oil shall: (a) Conduct an evaluation of oil spill and hazardous materials response and firefighting equipment and resources currently available for oil spill and hazardous materials response activities throughout the state; (b) review the local emergency management coordinating efforts for oil spill and hazardous materials response; (c) determine the need for additional, new, or updated equipment and resources; and (d) identify areas or regions of the state that are in greatest need of resources and oil spill and hazardous materials response and firefighting equipment.

(3) The department of ecology, in consultation with emergency first responders, oil spill response cooperatives, representatives from the oil and rail industries, and businesses that are recipients of liquid bulk crude oil shall review grant applications to prioritize grant awards using the evaluation of availability of oil spill and hazardous materials response and firefighting equipment and resources as determined in subsection (2) of this section.

(a) The application review must include evaluation of equipment and resource requests, funding requirements, and coordination with existing equipment and resources in the area.

(b) Funding must be prioritized for applicants from areas where the need for firefighting and oil spill and hazardous materials response equipment is the greatest as determined in subsection (2) of this section.

(c) Grants must be coordinated to maximize currently existing equipment and resources that have been put in place by first responders and industry.

NEW SECTION.  Sec. 36.  Subject to the availability of amounts appropriated for this specific purpose, the department of ecology and the utilities and transportation commission shall jointly hold a symposium on oil spill prevention and response activities for international transport of liquid bulk crude oil. The department of ecology and the utilities and transportation commission must invite representatives from affected tribes, public interest organizations, local governments, the United States government, Canadian provinces, Canada, and other appropriate stakeholders. The symposium must at a minimum address:

(1) Cooperative prevention and emergency response activities between the shared international and state borders;

(2) Expected risks posed by transport of Canadian crude oil or liquid bulk crude oil throughout the Pacific Northwest region; and

(3) An update of the marine transport of liquid bulk crude oil through the Pacific Northwest region.

NEW SECTION.  Sec. 37.  Sections 17 through 20 of this act take effect January 1, 2016.

NEW SECTION.  Sec. 38.  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. 39.  Except for sections 17 through 20 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2015."

Correct the title.

 

Signed by Representatives Fitzgibbon, Chair; Peterson, Vice Chair; Farrell; Fey; Goodman and McBride.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Shea, Ranking Minority Member; Short, Assistant Ranking Minority Member; Harris; Pike and Taylor.

 

Referred to Committee on Appropriations.

 

March 30, 20150)

E2SSB 5179       Prime Sponsor, Committee on Ways & Means: Concerning paraeducators.  Reported by Committee on Education

 

MAJORITY recommendation:  Do pass as amended.

 

      On page 3, line 11, after "(d)" strike all material through "certificated" on line 13 and insert the following:

      "The office of the superintendent of public instruction and all educational service districts shall, in collaboration with the board, develop the courses necessary to meet the certification standards and ensure that paraeducators have multiple methods to access the courses.  By January 1, 2017, the board, in collaboration with the office, the educational service districts, and the school districts receiving grants under subsection (4)(a) of this section, shall submit a report to the appropriate committees of the legislature.  The report must include an analysis of the cost to the state and the school districts to implement the requirements of subsection (4)(b) of this section, and the cost to paraeducators to meet paraeducator certification and English language learner endorsement requirements"

 

 

Signed by Representatives Santos, Chair; Ortiz-Self, Vice Chair; Reykdal, Vice Chair; Magendanz, Ranking Minority Member; Muri, Assistant Ranking Minority Member; Stambaugh, Assistant Ranking Minority Member; Bergquist; Caldier; Fagan; Gregory; Griffey; Hargrove; Hunt, S.; Kilduff; Lytton; McCaslin; Orwall; Pollet and Springer.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Hayes and Klippert.

 

Referred to Committee on Appropriations.

 

March 30, 20150)

SB 5205             Prime Sponsor, Senator Becker: Allowing spouses to combine volunteer hours for purposes of receiving a complimentary discover pass.  Reported by Committee on Environment

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Fitzgibbon, Chair; Peterson, Vice Chair; Shea, Ranking Minority Member; Short, Assistant Ranking Minority Member; Farrell; Goodman; Harris; McBride; Pike and Taylor.

 

Passed to Committee on Rules for second reading.

 

March 25, 20150)

2SSB 5215         Prime Sponsor, Committee on Ways & Means: Establishing the Washington internet crimes against children account.  Reported by Committee on Appropriations

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Chandler, Ranking Minority Member; Parker, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Buys; Carlyle; Cody; Condotta; Dent; Dunshee; Fagan; Haler; Hansen; Hudgins; Jinkins; Kagi; Lytton; MacEwen; Magendanz; Pettigrew; Sawyer; Schmick; Senn; Springer; Stokesbary; Sullivan; Tharinger; Van Werven and Walkinshaw.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Hunt, G. and Taylor.

 

Passed to Committee on Rules for second reading.

 

March 30, 20150)

2SSB 5252         Prime Sponsor, Committee on Ways & Means: Creating a program to implement regional safety and security centers.  Reported by Committee on Education

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  The legislature finds that school personnel are often the first responders when there is a violent threat or natural or man-made disaster at a school. The legislature further finds that school personnel need to be trained to intervene and provide assistance during these emergency incidents. The legislature recognizes an educational service district has developed a model for a regional school safety and security center, which can provide this type of training. The legislature intends to provide training to other regions in the state by authorizing a pilot program to create regional school safety and security centers in three other educational service districts.

NEW SECTION.  Sec. 2.  (1) During the 2015-2017 biennium, three educational service districts shall implement a pilot program to create regional school safety and security centers in each of the three educational service districts. One educational service district must be an educational service district that is entirely west of the crest of the Cascade mountains and is partially bounded by an international border. One educational service district must be east of the crest of the Cascade mountains. One educational service district may be located anywhere in the state of Washington.

(2) The pilot program must include the following components:

(a) Establishment of a network of school safety coordinators for the educational service districts, which shall focus on prevention planning, intervention, mitigation, crisis response, and community recovery regarding emergency incidents in schools;

(b) Collaboration with the educational service district that developed the model for a regional school safety and security center to adopt its model for a regional school safety and security center;

(c) Creation of technology-based systems that enable more efficient and effective communication between schools and emergency response entities, including local law enforcement, local fire departments, and state and federal responders;

(d) Establishment of a plan to facilitate clear communication with students, parents, and guardians, including a system using school-based personnel or community organizations that can assist in providing information to those whose primary language is other than English;

(e) Provision of technology support in order to improve communication and data management between schools and emergency response entities;

(f) Ongoing training of school personnel and emergency responders to establish a system for preventative identification, intervention strategies, and management of risk behaviors;

(g) Development of a professional development program to train school personnel as first responders until the arrival of emergency responders; and

(h) Building a collaborative relationship between educational service districts participating in the pilot program, the office of the superintendent of public instruction, and the school safety advisory committee and focusing on expanding regional school safety and security centers to all of the other educational service districts.

(3) This section expires December 31, 2017."

Correct the title.

 

Signed by Representatives Santos, Chair; Ortiz-Self, Vice Chair; Reykdal, Vice Chair; Magendanz, Ranking Minority Member; Muri, Assistant Ranking Minority Member; Stambaugh, Assistant Ranking Minority Member; Bergquist; Caldier; Fagan; Gregory; Griffey; Hargrove; Hayes; Hunt, S.; Kilduff; Klippert; Lytton; McCaslin; Orwall; Pollet and Springer.

 

Referred to Committee on Appropriations.

 

March 30, 20150)

SSB 5418           Prime Sponsor, Committee on Commerce & Labor: Creating a pilot program to improve care for catastrophically injured workers.  Reported by Committee on Labor

 

MAJORITY recommendation:  Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  (1) The legislature finds:

(a) Each year, only a small percentage of industrial insurance cases in Washington involve catastrophic workplace injuries, yet they exact a tremendous toll on affected individuals and their families.

(b) A recent analysis by the department of labor and industries identified gaps which could be addressed through piloting improvements in coordination of care, best practices, and other cost-effective approaches for injured workers under the state's current industrial insurance system.

(2) The legislature therefore intends to direct the department of labor and industries to create a pilot program whereby a medical management firm, centers of excellence deploying collaborative care, and/or the state's centers of occupational health and education partner with the department in being responsible for the medical management and treatment of catastrophically injured workers. The goal of the pilot program is improved medical outcomes, increased return-to-work rates and/or better quality of life, and reduced industrial insurance costs.

NEW SECTION.  Sec. 2.  A new section is added to chapter 51.36 RCW to read as follows:

(1) The department must implement a three year pilot program beginning no later than January 1, 2016 under which innovative treatment and service interventions for catastrophically injured workers are compared in a prospective study and compared to usual or standardized care. The best practices and cost-effective approaches may be piloted by any or all of:

          (a) A medical management firm with substantial experience in handling catastrophic workers' compensation cases.

          (b) Centers of excellence deploying collaborative care.

          (c) Centers of occupational health and education.

          (d) Other innovative treatment or services that may be identified by systematic literature review.

          (2) The following provisions apply to the pilot program:

(a) The pilot participants must develop a treatment plan and agreement for each injured worker that identifies an outcome, the treatment plan and, if applicable, a guaranteed price to achieve the outcome.

          (b) The department must determine an approach to systematically and prospectively track outcomes of catastrophically injured workers including, at a minimum, standardized measures of functional recovery, return-to-work, and quality of life. The department must also contract with independent researchers for an analysis of the pilot program costs and outcomes.

          (c) Pilot participants must provide all information required by the independent researchers to assess pilot program progress and costs and measure outcomes.  Information provided to the independent researchers must also be provided to the department.

 (d) Injured workers, in consultation with their attending physician and the department, may elect to participate or not in the pilot program. Participating injured workers retain the right to receive care from providers of their choice.  Providers must meet the requirements of RCW 51.36.010(2).

(e) The department retains the exclusive authority to approve or deny particular treatment and the exclusive authority to pay all medical bills in accordance with the fee schedule established under RCW 51.04.030.  The department may establish minimum treatment protocols and qualifications for the pilot participants including access to adequate medical, professional, and pharmacy providers and a network of health care facilities, suppliers, and services.

 (3) For the purposes of the pilot program, catastrophic injuries include acute traumatic brain injuries; major extremity or multiple extremity amputations, fractures, or crush injuries; multiple trauma injuries; severe burns; paraplegia, quadriplegia, hemiplegia, and diplegia; and any other medical diagnosis determined by the department to be catastrophic.

(4) The independent researchers must make regular status reports to the department throughout the pilot program, and work with the department to develop and report on criteria to evaluate the pilot program. The criteria must address, but are not limited to:

(a) Whether the appropriate procedures are followed to ensure injured workers access to services in a timely fashion;

(b) The quality of the communication and other factors affecting the working relationship between the treatment and service provider, the injured worker, the department, and those involved in the care and treatment of the injured worker;

(c) Whether pilot program treatment protocols help address the gaps identified by the department in its September 2014 catastrophic claims gap analysis;

(d) Whether research results on cases involving catastrophic injury complement, inform, and improve the department's handling of other industrial insurance cases;

(e) Whether the pilot program results in improved medical outcomes, increased return-to-work rates and/or better quality of life for catastrophically injured workers, and reduced industrial insurance costs;

(f) Assessment of whether pilot participants are achieving stated goals;

(g) Average and median claims costs;

(h) Feasibility for the department to adopt processes and practices identified in the pilot program; and

(i) Assessment of any other cost-saving processes identified through the pilot program.

(5) Before the end of the three year period, the department must terminate the pilot program if it finds that the treatments and interventions are causing harm to workers and may terminate the pilot program if it finds that the treatments and interventions are not showing a benefit to workers.

 (6) The department must provide a written report on the pilot program to the appropriate committees of the legislature each December through 2018 with a final report following the end of the pilot program in 2019.

(7) This section expires December 31, 2020."

Correct the title.

 

 

Signed by Representatives Sells, Chair; Gregerson, Vice Chair; Moeller and Ormsby.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Manweller, Ranking Minority Member; Hunt, G., Assistant Ranking Minority Member and McCabe.

 

Referred to Committee on Appropriations.

 

March 26, 20150)

ESSB 5460         Prime Sponsor, Committee on Health Care: Allowing practitioners to prescribe and distribute prepackaged emergency medications to emergency room patients when a pharmacy is not available.  Reported by Committee on Health Care & Wellness

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  A new section is added to chapter 70.41 RCW to read as follows:

(1) The legislature finds that high quality, safe, and compassionate health care services for patients of Washington state must be available at all times. The legislature further finds that there is a need for patients being released from hospital emergency departments to maintain access to emergency medications when community or hospital pharmacy services are not available. It is the intent of the legislature to accomplish this objective by allowing practitioners with prescriptive authority to prescribe limited amounts of prepackaged emergency medications to patients being discharged from hospital emergency departments when access to community or outpatient hospital pharmacy services is not otherwise available.

(2) A hospital may allow a practitioner to prescribe prepackaged emergency medications and allow a practitioner or a registered nurse licensed under chapter 18.79 RCW to distribute prepackaged emergency medications to patients being discharged from a hospital emergency department during times when community or outpatient hospital pharmacy services are not available within fifteen miles by road or when, in the judgment of the practitioner and consistent with hospital policies and procedures, a patient has no reasonable ability to reach the local community or outpatient pharmacy. A hospital may only allow this practice if: The director of the hospital pharmacy, in collaboration with appropriate hospital medical staff, develops policies and procedures regarding the following:

(a) Development of a list, preapproved by the pharmacy director, of the types of emergency medications to be prepackaged and distributed;

(b) Assurances that emergency medications to be prepackaged pursuant to this section are prepared by a pharmacist or under the supervision of a pharmacist licensed under chapter 18.64 RCW;

(c) Development of specific criteria under which emergency prepackaged medications may be prescribed and distributed consistent with the limitations of this section;

(d) Assurances that any practitioner authorized to prescribe prepackaged emergency medication or any nurse authorized to distribute prepackaged emergency medication is trained on the types of medications available and the circumstances under which they may be distributed;

(e) Procedures to require practitioners intending to prescribe prepackaged emergency medications pursuant to this section to maintain a valid prescription either in writing or electronically in the patient's records prior to a medication being distributed to a patient;

(f) Establishment of a limit of no more than a forty-eight hour supply of emergency medication as the maximum to be dispensed to a patient, except when community or hospital pharmacy services will not be available within forty-eight hours. In no case may the policy allow a supply exceeding ninety-six hours be dispensed;

(g) Assurances that prepackaged emergency medications will be kept in a secure location in or near the emergency department in such a manner as to preclude the necessity for entry into the pharmacy; and

(h) Assurances that nurses or practitioners will distribute prepackaged emergency medications to patients only after a practitioner has counseled the patient on the medication.

(3) The delivery of a single dose of medication for immediate administration to the patient is not subject to the requirements of this section.

(4) For purposes of this section:

(a) "Emergency medication" means any medication commonly prescribed to emergency room patients, including those drugs, substances or immediate precursors listed in schedules II through V of the uniform controlled substances act, chapter 69.50 RCW, as now or hereafter amended.

(b) "Distribute" means the delivery of a drug or device other than by administering or dispensing.

(c) "Practitioner" means any person duly authorized by law or rule in the state of Washington to prescribe drugs as defined in RCW 18.64.011(24).

(d) "Nurse" means a registered nurse as defined in RCW 18.79.020.

NEW SECTION.  Sec. 2.  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."

Correct the title.

 

Signed by Representatives Cody, Chair; Riccelli, Vice Chair; Schmick, Ranking Minority Member; Harris, Assistant Ranking Minority Member; Caldier; Clibborn; Jinkins; Johnson; Moeller; Robinson; Rodne; Short; Tharinger and Van De Wege.

 

Passed to Committee on Rules for second reading.

 

March 25, 20150)

SB 5468             Prime Sponsor, Senator King: Authorizing the use of nonappropriated funds on certain administrative costs and expenses of the stay-at-work and self-insured employer programs.  Reported by Committee on Appropriations

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Chandler, Ranking Minority Member; Parker, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Buys; Carlyle; Cody; Condotta; Dent; Dunshee; Fagan; Haler; Hansen; Hudgins; Jinkins; Kagi; Lytton; MacEwen; Magendanz; Pettigrew; Sawyer; Schmick; Senn; Springer; Stokesbary; Sullivan; Tharinger; Van Werven and Walkinshaw.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Hunt, G. and Taylor.

 

Passed to Committee on Rules for second reading.

 

March 26, 20150)

SSB 5488           Prime Sponsor, Committee on Health Care: Concerning applied behavior analysis.  Reported by Committee on Health Care & Wellness

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Cody, Chair; Riccelli, Vice Chair; Schmick, Ranking Minority Member; Harris, Assistant Ranking Minority Member; Caldier; Clibborn; Jinkins; Johnson; Moeller; Robinson; Rodne; Short; Tharinger and Van De Wege.

 

Referred to Committee on Appropriations.

 

March 30, 20150)

SSB 5679           Prime Sponsor, Committee on Early Learning & K-12 Education: Concerning transition services for special education students.  Reported by Committee on Education

 

MAJORITY recommendation:  Do pass as amended.

 

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION.  Sec. 1.  The legislature finds that research continues to suggest that high expectations for students with disabilities is paramount to improving student outcomes. The legislature further finds that to increase the number of students with disabilities who are prepared for higher education, teachers and administrators in K-12 education should continue to improve their acceptance of students with disabilities as full-fledged learners for whom there are high expectations. The legislature also encourages continuous development in transition services to higher education opportunities for these students. The legislature recognizes that other states have authorized transition planning to postsecondary settings for students with disabilities as early as the age of fourteen. To remove barriers and obstacles for students with disabilities to access to postsecondary settings including higher education, the legislature intends to authorize transition planning for students with disabilities as soon as practicable when educationally and developmentally appropriate.

      Sec. 2.  RCW 28A.155.220 and 2014 c 47 s 1 are each amended to read as follows:

      (1) The office of the superintendent of public instruction must establish interagency agreements with the department of social and health services, the department of services for the blind, and any other state agency that provides high school transition services for special education students. Such interagency agreements shall not interfere with existing individualized education programs or section 504 plans, nor override any individualized education program or section 504 planning team's decision-making power. The purpose of the interagency agreements is to foster effective collaboration among the multiple agencies providing transition services for individualized education ((plan)) program-eligible and section 504 plan-eligible special education students from the beginning of transition planning, as soon as educationally and developmentally appropriate, through age twenty-one, or through high school graduation, whichever occurs first. Interagency agreements are also intended to streamline services and programs, promote efficiencies, and establish a uniform focus on improved outcomes related to self-sufficiency. ((This subsection does not require transition services plan development in addition to what exists on June 12, 2014.))

      (2)(a) When educationally and developmentally appropriate, the interagency responsibilities and linkages with transition services under subsection (1) of this section must be addressed in a transition plan to a postsecondary setting in the individualized education program or section 504 plan of a student with disabilities.

      (b) Transition planning shall be based upon educationally and developmentally appropriate transition assessments that outline the student's individual needs, strengths, preferences, and interests. Transition assessments may include observations, interviews, inventories, situational assessments, formal and informal assessments, as well as academic assessments.

      (c) The transition services that the transition plan must address include activities needed to assist the student in reaching postsecondary goals and courses of study to support postsecondary goals.

      (d) Transition activities that the transition plan may address include instruction, related services, community experience, employment and other adult living objectives, daily living skills, and functional vocational evaluation.

      (e) When educationally and developmentally appropriate, a discussion must take place with the student and parents, and others as needed, to determine the postsecondary goals or postschool vision for the student. This discussion may be included as part of an annual individualized education program review, section 504 plan review, high school and beyond plan meeting, or any other meeting that includes parents, students, and educators. The postsecondary goals included in the transition plan shall be goals that are measurable and must be based on appropriate transition assessments related to training, education, employment, and independent living skills, when necessary. The goals must also be based on the student's needs, while considering the strengths, preferences, and interests of the student.

      (f) As the student gets older, changes in the transition plan may be noted in the annual update of the student's individualized education program or section 504 plan.

      (g) A student with disabilities who has a high school and beyond plan may use the plan to comply with the transition plan required under this subsection (2).

      (3) To the extent that data is available through data-sharing agreements established by the education data center under RCW 43.41.400, the education data center must monitor the following outcomes for individualized education ((plan))program-eligible or section 504 plan-eligible special education students after high school graduation:

      (a) The number of students who, within one year of high school graduation:

      (i) Enter integrated employment paid at the greater of minimum wage or competitive wage for the type of employment, with access to related employment and health benefits; or

      (ii) Enter a postsecondary education or training program focused on leading to integrated employment;

      (b) The wages and number of hours worked per pay period;

      (c) The impact of employment on any state and federal benefits for individuals with disabilities;

      (d) Indicators of the types of settings in which students who previously received transition services primarily reside;

      (e) Indicators of improved economic status and self-sufficiency;

      (f) Data on those students for whom a postsecondary or integrated employment outcome does not occur within one year of high school graduation, including:

      (i) Information on the reasons that the desired outcome has not occurred;

      (ii) The number of months the student has not achieved the desired outcome; and

      (iii) The efforts made to ensure the student achieves the desired outcome.

      (((3))) (4) To the extent that the data elements in subsection (((2))) (3) of this section are available to the education data center through data-sharing agreements, the office of the superintendent of public instruction must prepare an annual report using existing resources and submit the report to the legislature."

      Correct the title.

 

 

Signed by Representatives Santos, Chair; Ortiz-Self, Vice Chair; Reykdal, Vice Chair; Magendanz, Ranking Minority Member; Muri, Assistant Ranking Minority Member; Stambaugh, Assistant Ranking Minority Member; Bergquist; Caldier; Fagan; Gregory; Griffey; Hargrove; Hunt, S.; Kilduff; Lytton; McCaslin; Orwall; Pollet and Springer.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Hayes and Klippert.

 

Passed to Committee on Rules for second reading.

 

March 25, 20150)

SB 5693             Prime Sponsor, Senator Miloscia: Authorizing the department of social and health services special commitment center to seek eligibility and reimbursement for health care costs covered by federal medicare, medicaid, and veterans health benefits.  Reported by Committee on Appropriations

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Chandler, Ranking Minority Member; Parker, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Buys; Carlyle; Cody; Dent; Dunshee; Fagan; Haler; Hansen; Hudgins; Jinkins; Kagi; Lytton; MacEwen; Magendanz; Pettigrew; Sawyer; Schmick; Senn; Springer; Stokesbary; Sullivan; Tharinger; Van Werven and Walkinshaw.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Hunt, G. and Taylor.

 

MINORITY recommendation:  Without recommendation.  Signed by Representative Condotta.

 

Passed to Committee on Rules for second reading.

 

March 30, 20150)

SSB 5721           Prime Sponsor, Committee on Early Learning & K-12 Education: Concerning the membership of the expanded learning opportunities council.  Reported by Committee on Education

 

MAJORITY recommendation:  Do pass as amended.

 

On page 2, line 17, after "((fifteen))" strike "seventeen" and insert "twenty-one"

 

On page 2, line 38, after "communities;" strike "and"

 

On page 2, line 39, after "(xi)" insert the following:

"The Commission on African American Affairs;

(xii) The Commission on Asian Pacific American Affairs;

(xiii) The Commission on Hispanic Affairs;

(xiv) The Tribal Leader Congress on Education; and

(xv)"

 

On page 3, line 3, after "necessary." strike "Appointees" and insert "Initial appointees"

 

On page 3, line 4, after "2014." insert "Appointees of the council pursuant to subsection (5)(c)(ix) through (xiv) of this section shall be selected by August 31, 2015."

 

Signed by Representatives Santos, Chair; Ortiz-Self, Vice Chair; Reykdal, Vice Chair; Bergquist; Gregory; Hunt, S.; Kilduff; Lytton; Orwall; Pollet and Springer.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Magendanz, Ranking Minority Member; Muri, Assistant Ranking Minority Member; Caldier; Fagan; Griffey; Hargrove; Hayes; Klippert and McCaslin.

 

MINORITY recommendation:  Without recommendation.  Signed by Representative Stambaugh, Assistant Ranking Minority Member.

 

Passed to Committee on Rules for second reading.

 

March 30, 20150)

SSB 5763           Prime Sponsor, Committee on Ways & Means: Establishing a coalition of commissioned officers of the department of fish and wildlife for the purposes of collective bargaining.  Reported by Committee on Labor

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 41.80.010 and 2013 2nd sp.s. c 4 s 971 are each amended to read as follows:

(1) For the purpose of negotiating collective bargaining agreements under this chapter, the employer shall be represented by the governor or governor's designee, except as provided for institutions of higher education in subsection (4) of this section.

(2)(a) If an exclusive bargaining representative represents more than one bargaining unit, the exclusive bargaining representative shall negotiate with each employer representative as designated in subsection (1) of this section one master collective bargaining agreement on behalf of all the employees in bargaining units that the exclusive bargaining representative represents. Except as provided in (d) of this subsection, for those exclusive bargaining representatives who represent fewer than a total of five hundred employees each, negotiation shall be by a coalition of all those exclusive bargaining representatives. The coalition shall bargain for a master collective bargaining agreement covering all of the employees represented by the coalition. The governor's designee and the exclusive bargaining representative or representatives are authorized to enter into supplemental bargaining of agency-specific issues for inclusion in or as an addendum to the master collective bargaining agreement, subject to the parties' agreement regarding the issues and procedures for supplemental bargaining. This section does not prohibit cooperation and coordination of bargaining between two or more exclusive bargaining representatives.

(b) This subsection (2) does not apply to exclusive bargaining representatives who represent employees of institutions of higher education, except when the institution of higher education has elected to exercise its option under subsection (4) of this section to have its negotiations conducted by the governor or governor's designee under the procedures provided for general government agencies in subsections (1) through (3) of this section.

(c) If five hundred or more employees of an independent state elected official listed in RCW 43.01.010 are organized in a bargaining unit or bargaining units under RCW 41.80.070, the official shall be consulted by the governor or the governor's designee before any agreement is reached under (a) of this subsection concerning supplemental bargaining of agency specific issues affecting the employees in such bargaining unit.

(d) For those exclusive bargaining representatives who represent commissioned officers, except for lieutenants and captains, of the department of fish and wildlife, negotiation shall be by a coalition of exclusive bargaining representatives who represent the commissioned officers.  When negotiating, the parties must reference the wages, hours, and conditions of employment of like personnel of like state employers on the west coast of the United States for comparables in the bargaining process.  If the commission determines that there has been bad faith bargaining or other unfair labor practices by the employer or the employee organizations representing commissioned officers, except for lieutenants and captains, of the department of fish and wildlife, the commission may order interest arbitration, in addition to other remedies provided under RCW 41.80.120, to effectuate the purposes and policy of this chapter.

(3) The governor shall submit a request for funds necessary to implement the compensation and fringe benefit provisions in the master collective bargaining agreement or for legislation necessary to implement the agreement. Requests for funds necessary to implement the provisions of bargaining agreements shall not be submitted to the legislature by the governor unless such requests:

(a) Have been submitted to the director of the office of financial management by October 1 prior to the legislative session at which the requests are to be considered; and

(b) Have been certified by the director of the office of financial management as being feasible financially for the state.

The legislature shall approve or reject the submission of the request for funds as a whole. The legislature shall not consider a request for funds to implement a collective bargaining agreement unless the request is transmitted to the legislature as part of the governor's budget document submitted under RCW 43.88.030 and 43.88.060. If the legislature rejects or fails to act on the submission, either party may reopen all or part of the agreement or the exclusive bargaining representative may seek to implement the procedures provided for in RCW 41.80.090.

(4)(a)(i) For the purpose of negotiating agreements for institutions of higher education, the employer shall be the respective governing board of each of the universities, colleges, or community colleges or a designee chosen by the board to negotiate on its behalf.

(ii) A governing board of a university or college may elect to have its negotiations conducted by the governor or governor's designee under the procedures provided for general government agencies in subsections (1) through (3) of this section, except that:

(A) The governor or the governor's designee and an exclusive bargaining representative shall negotiate one master collective bargaining agreement for all of the bargaining units of employees of a university or college that the representative represents; or

(B) If the parties mutually agree, the governor or the governor's designee and an exclusive bargaining representative shall negotiate one master collective bargaining agreement for all of the bargaining units of employees of more than one university or college that the representative represents.

(iii) A governing board of a community college may elect to have its negotiations conducted by the governor or governor's designee under the procedures provided for general government agencies in subsections (1) through (3) of this section.

(b) Prior to entering into negotiations under this chapter, the institutions of higher education or their designees shall consult with the director of the office of financial management regarding financial and budgetary issues that are likely to arise in the impending negotiations.

(c)(i) In the case of bargaining agreements reached between institutions of higher education other than the University of Washington and exclusive bargaining representatives agreed to under the provisions of this chapter, if appropriations are necessary to implement the compensation and fringe benefit provisions of the bargaining agreements, the governor shall submit a request for such funds to the legislature according to the provisions of subsection (3) of this section, except as provided in (c)(iii) of this subsection.

(ii) In the case of bargaining agreements reached between the University of Washington and exclusive bargaining representatives agreed to under the provisions of this chapter, if appropriations are necessary to implement the compensation and fringe benefit provisions of a bargaining agreement, the governor shall submit a request for such funds to the legislature according to the provisions of subsection (3) of this section, except as provided in this subsection (4)(c)(ii) and as provided in (c)(iii) of this subsection.

(A) If appropriations of less than ten thousand dollars are necessary to implement the provisions of a bargaining agreement, a request for such funds shall not be submitted to the legislature by the governor unless the request has been submitted to the director of the office of financial management by October 1 prior to the legislative session at which the request is to be considered.

(B) If appropriations of ten thousand dollars or more are necessary to implement the provisions of a bargaining agreement, a request for such funds shall not be submitted to the legislature by the governor unless the request:

(I) Has been submitted to the director of the office of financial management by October 1 prior to the legislative session at which the request is to be considered; and

(II) Has been certified by the director of the office of financial management as being feasible financially for the state.

(C) If the director of the office of financial management does not certify a request under (c)(ii)(B) of this subsection as being feasible financially for the state, the parties shall enter into collective bargaining solely for the purpose of reaching a mutually agreed upon modification of the agreement necessary to address the absence of those requested funds. The legislature may act upon the compensation and fringe benefit provisions of the modified collective bargaining agreement if those provisions are agreed upon and submitted to the office of financial management and legislative budget committees before final legislative action on the biennial or supplemental operating budget by the sitting legislature.

(iii) In the case of a bargaining unit of employees of institutions of higher education in which the exclusive bargaining representative is certified during or after the conclusion of a legislative session, the legislature may act upon the compensation and fringe benefit provisions of the unit's initial collective bargaining agreement if those provisions are agreed upon and submitted to the office of financial management and legislative budget committees before final legislative action on the biennial or supplemental operating budget by the sitting legislature.

(5) There is hereby created a joint committee on employment relations, which consists of two members with leadership positions in the house of representatives, representing each of the two largest caucuses; the chair and ranking minority member of the house appropriations committee, or its successor, representing each of the two largest caucuses; two members with leadership positions in the senate, representing each of the two largest caucuses; and the chair and ranking minority member of the senate ways and means committee, or its successor, representing each of the two largest caucuses. The governor shall periodically consult with the committee regarding appropriations necessary to implement the compensation and fringe benefit provisions in the master collective bargaining agreements, and upon completion of negotiations, advise the committee on the elements of the agreements and on any legislation necessary to implement the agreements.

(6) If, after the compensation and fringe benefit provisions of an agreement are approved by the legislature, a significant revenue shortfall occurs resulting in reduced appropriations, as declared by proclamation of the governor or by resolution of the legislature, both parties shall immediately enter into collective bargaining for a mutually agreed upon modification of the agreement.

(7) After the expiration date of a collective bargaining agreement negotiated under this chapter, all of the terms and conditions specified in the collective bargaining agreement remain in effect until the effective date of a subsequently negotiated agreement, not to exceed one year from the expiration date stated in the agreement. Thereafter, the employer may unilaterally implement according to law.

(8) For the 2013 2015 fiscal biennium, a collective bargaining agreement related to employee health care benefits negotiated between the employer and coalition pursuant to RCW 41.80.020(3) regarding the dollar amount expended on behalf of each employee shall be a separate agreement for which the governor may request funds necessary to implement the agreement. The legislature may act upon a 2013 2015 collective bargaining agreement related to employee health care benefits if an agreement is reached and submitted to the office of financial management and legislative budget committees before final legislative action on the biennial or supplemental operating appropriations act by the sitting legislature.

Sec. 2.  RCW 41.80.120 and 2002 c 354 s 313 are each amended to read as follows:

(1) The commission is empowered and directed to prevent any unfair labor practice and to issue appropriate remedial orders: PROVIDED, That a complaint shall not be processed for any unfair labor practice occurring more than six months before the filing of the complaint with the commission. This power shall not be affected or impaired by any means of adjustment, mediation, or conciliation in labor disputes that have been or may hereafter be established by law.

(2) If the commission determines that any person has engaged in or is engaging in an unfair labor practice, the commission shall issue and cause to be served upon the person an order requiring the person to cease and desist from such unfair labor practice, and to take such affirmative action as will effectuate the purposes and policy of this chapter, such as the payment of damages, the ordering of interest arbitration as provided under RCW 41.80.010(2)(d), and the reinstatement of employees.

(3) The commission may petition the superior court for the county in which the main office of the employer is located or in which the person who has engaged or is engaging in such unfair labor practice resides or transacts business, for the enforcement of its order and for appropriate temporary relief."

Correct the title.

 

Signed by Representatives Sells, Chair; Gregerson, Vice Chair; Moeller and Ormsby.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Manweller, Ranking Minority Member; Hunt, G., Assistant Ranking Minority Member and McCabe.

 

Referred to Committee on Appropriations.

 

March 30, 20150)

ESSB 5803         Prime Sponsor, Committee on Early Learning & K-12 Education: Concerning the notification of parents when their children are below basic on the third grade statewide English language arts assessment.  Reported by Committee on Education

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Santos, Chair; Ortiz-Self, Vice Chair; Reykdal, Vice Chair; Magendanz, Ranking Minority Member; Muri, Assistant Ranking Minority Member; Stambaugh, Assistant Ranking Minority Member; Bergquist; Caldier; Fagan; Gregory; Griffey; Hargrove; Hayes; Hunt, S.; Kilduff; Klippert; Lytton; McCaslin; Orwall; Pollet and Springer.

 

Passed to Committee on Rules for second reading.

 

March 30, 20150)

ESSB 5843         Prime Sponsor, Committee on Ways & Means: Concerning outdoor recreation.  Reported by Committee on Environment

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Fitzgibbon, Chair; Peterson, Vice Chair; Farrell; Goodman; Harris and McBride.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Shea, Ranking Minority Member; Short, Assistant Ranking Minority Member; Pike and Taylor.

 

Referred to Committee on General Government & Information Technology.

 

March 30, 20150)

ESB 5893           Prime Sponsor, Senator Fain: Addressing the nonemployee status of athletes in amateur sports. (REVISED FOR ENGROSSED: Addressing the nonemployee status of athletes affiliated with the Western Hockey League. )  Reported by Committee on Labor

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Sells, Chair; Gregerson, Vice Chair; Manweller, Ranking Minority Member; Hunt, G., Assistant Ranking Minority Member and McCabe.

 

MINORITY recommendation:  Do not pass.  Signed by Representative Moeller.

 

MINORITY recommendation:  Without recommendation.  Signed by Representative Ormsby.

 

Passed to Committee on Rules for second reading.

 

March 26, 20150)

SB 5903             Prime Sponsor, Senator Bailey: Restricting certain methods of selling marijuana.  Reported by Committee on Commerce & Gaming

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.   Sec. 1.  A new section is added to chapter 69.50 RCW to read as follows:

(1) A retailer licensed under this chapter may use a vending machine for the retail sale of useable marijuana, marijuana concentrates, and marijuana-infused products, subject to approval from the board prior to the installation or use of the machine in the licensed premises.

(2) The board is granted general authority to adopt rules necessary for the implementation of this section, including, but not limited to, rules governing:

(a) The operational characteristics of the vending machines;

(b) Identification and age verification processes and requirements for customers who make purchases from the machines;

(c) The location of vending machines within the licensed premises and measures to prevent access to the machines by persons under age 21;

(d) The types and quantities of marijuana-related products that may be purchased from the vending machines; and

(e) Signs and labeling that must be affixed to vending machines pertaining to public health and safety notifications, legal warnings and requirements, and other disclosures and information as deemed necessary by the board.

(3) The products sold through vending machines, and the use of such machines, must comply with the pertinent provisions of this chapter regarding the retail sale of useable marijuana, marijuana concentrates, and marijuana-infused products.

(4) For the purposes of this section, "vending machine" means a machine or other mechanical device that accepts payment and:

(a) Dispenses tangible personal property; or 

(b) Provides a service to the buyer.

NEW SECTION.   Sec. 2.  A new section is added to chapter 69.50 RCW to read as follows:

(1) A retailer licensed under this chapter is prohibited from operating a drive-through purchase facility where marijuana concentrates, marijuana-infused products, or useable marijuana are  sold at retail and dispensed through a window or door to a purchaser who is either in or on a motor vehicle or otherwise located outside of the licensed premises at the time of sale.

(2) The state liquor control board may not issue, transfer, or renew a marijuana retail license for any licensee in violation of the provisions of subsection (1) of this section."

 

Signed by Representatives Hurst, Chair; Wylie, Vice Chair; Condotta, Ranking Minority Member; Holy, Assistant Ranking Minority Member; Blake; Kirby; Scott; Van De Wege and Vick.

 

Passed to Committee on Rules for second reading.

 

March 30, 20150)

ESSB 5994         Prime Sponsor, Committee on Transportation: Concerning permits for state transportation corridor projects.  Reported by Committee on Environment

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 90.58.355 and 2012 c 169 s 1 are each amended to read as follows:

Requirements to obtain a substantial development permit, conditional use permit, ((or)) variance, letter of exemption, or other review conducted by a local government to implement this chapter shall not apply to ((any person)):

(1) Any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW. The department must ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or during the department-conducted remedial action, through the procedures developed by the department pursuant to RCW 70.105D.090; ((or))

(2) Any person installing site improvements for storm water treatment in an existing boatyard facility to meet requirements of a national pollutant discharge elimination system storm water general permit. The department must ensure compliance with the substantive requirements of this chapter through the review of engineering reports, site plans, and other documents related to the installation of boatyard storm water treatment facilities;

(3)(a) Subject to the limitations specified in this subsection (3), normal maintenance or repair of existing structures or developments by the department of transportation, including maintenance or repair of damage caused by accident, fire, or the elements.

(b) For purposes of this subsection (3), the following definitions apply:

(i) "Normal maintenance" includes any usual acts to prevent a decline, lapse, or cessation from a lawfully established condition.

(ii) "Normal repair" means to restore a structure or development to a state comparable to its original condition including, but not limited to, restoring the development's size, shape, configuration, location, and external appearance, within a reasonable period after decay or partial destruction. Normal repair of a structure or development may not cause substantial adverse effects to shoreline resources or the shoreline environment. Replacement of a structure or development may be authorized as a normal repair if:

(A) Replacement is the common method of repair for the type of structure or development;

(B) The replacement structure or development is comparable to the original structure or development including, but not limited to, the size, shape, configuration, location, and external appearance of the original structure or development; and

(C) The replacement does not cause substantial adverse effects to shoreline resources or the shoreline environment.

(c) Normal maintenance or repair of an existing structure or development under this subsection (3) does not include the expansion of an existing structure or development, or the construction of a new structure or development that does not meet the criteria of a replacement structure or development under (b)(ii) of this subsection (3); or

(4) Construction or installation of safety structures and equipment by the department of transportation, including pavement marking, freeway surveillance and control systems, railroad protective devices not including grade-separated crossings, grooving, glare screen, safety barriers, energy attenuators, and hazardous or dangerous tree removal.

Sec. 2.  RCW 90.58.140 and 2012 c 84 s 2 are each amended to read as follows:

(1) A development shall not be undertaken on the shorelines of the state unless it is consistent with the policy of this chapter and, after adoption or approval, as appropriate, the applicable guidelines, rules, or master program.

(2) A substantial development shall not be undertaken on shorelines of the state without first obtaining a permit from the government entity having administrative jurisdiction under this chapter.

A permit shall be granted:

(a) From June 1, 1971, until such time as an applicable master program has become effective, only when the development proposed is consistent with: (i) The policy of RCW 90.58.020; and (ii) after their adoption, the guidelines and rules of the department; and (iii) so far as can be ascertained, the master program being developed for the area;

(b) After adoption or approval, as appropriate, by the department of an applicable master program, only when the development proposed is consistent with the applicable master program and this chapter.

(3) The local government shall establish a program, consistent with rules adopted by the department, for the administration and enforcement of the permit system provided in this section. The administration of the system so established shall be performed exclusively by the local government.

(4) Except as otherwise specifically provided in subsection (11) of this section, the local government shall require notification of the public of all applications for permits governed by any permit system established pursuant to subsection (3) of this section by ensuring that notice of the application is given by at least one of the following methods:

(a) Mailing of the notice to the latest recorded real property owners as shown by the records of the county assessor within at least three hundred feet of the boundary of the property upon which the substantial development is proposed;

(b) Posting of the notice in a conspicuous manner on the property upon which the project is to be constructed; or

(c) Any other manner deemed appropriate by local authorities to accomplish the objectives of reasonable notice to adjacent landowners and the public.

The notices shall include a statement that any person desiring to submit written comments concerning an application, or desiring to receive notification of the final decision concerning an application as expeditiously as possible after the issuance of the decision, may submit the comments or requests for decisions to the local government within thirty days of the last date the notice is to be published pursuant to this subsection. The local government shall forward, in a timely manner following the issuance of a decision, a copy of the decision to each person who submits a request for the decision.

If a hearing is to be held on an application, notices of such a hearing shall include a statement that any person may submit oral or written comments on an application at the hearing.

(5) The system shall include provisions to assure that construction pursuant to a permit will not begin or be authorized until twenty-one days from the date the permit decision was filed as provided in subsection (6) of this section; or until all review proceedings are terminated if the proceedings were initiated within twenty-one days from the date of filing as defined in subsection (6) of this section except as follows:

(a) In the case of any permit issued to the state of Washington, department of transportation, for the construction and modification of SR 90 (I-90) on or adjacent to Lake Washington, the construction may begin after thirty days from the date of filing, and the permits are valid until December 31, 1995;

(b)(i) In the case of any permit or decision to issue any permit to the state of Washington, department of transportation, for the replacement of the floating bridge and landings of the state route number 520 Evergreen Point bridge on or adjacent to Lake Washington, the construction may begin twenty-one days from the date of filing. Any substantial development permit granted for the floating bridge and landings is deemed to have been granted on the date that the local government's decision to grant the permit is issued. This authorization to construct is limited to only those elements of the floating bridge and landings that do not preclude the department of transportation's selection of a four-lane alternative for state route number 520 between Interstate 5 and Medina. Additionally, the Washington state department of transportation shall not engage in or contract for any construction on any portion of state route number 520 between Interstate 5 and the western landing of the floating bridge until the legislature has authorized the imposition of tolls on the Interstate 90 floating bridge and/or other funding sufficient to complete construction of the state route number 520 bridge replacement and HOV program. For the purposes of this subsection (5)(b), the "western landing of the floating bridge" means the least amount of new construction necessary to connect the new floating bridge to the existing state route number 520 and anchor the west end of the new floating bridge;

(ii) Nothing in this subsection (5)(b) precludes the shorelines hearings board from concluding that the project or any element of the project is inconsistent with the goals and policies of the shoreline management act or the local shoreline master program;

(iii) This subsection (5)(b) applies retroactively to any appeals filed after January 1, 2012, and to any appeals filed on or after March 23, 2012, and expires June 30, 2014((.));

(c)(i) In the case of any permit or decision to issue any permit for a transportation project, construction may begin twenty-one days after the date of filing if the following requirements are met:

(A) The project qualifies as water-dependent or water-related as applied in this chapter and described in WAC 173-26-020, and the project, as supported by adequate findings, requires an in-water or over-water location;

(B) All components of the project achieve a no net loss of shoreline ecological functions in accordance with WAC 173-26-171 through 173-26-251;

(C) The department of transportation provides the department with an assessment of how the project affects shoreline ecological functions. This assessment must include specific actions for avoiding, minimizing, and mitigating impacts to shoreline ecological functions that ensure that there is no net loss of ecological functions;

(D) The department, after reviewing the assessment required in (c)(i)(C) of this subsection, determines that the project will result in no net loss of ecological functions. The department's determination must be completed before the final issuance of all appropriate shoreline permits and variances; and

(E) A performance bond is posted by the project proponent adequate to finance mitigation for impacts to ecological functions resulting from the project, and long-term reporting and monitoring of ecological functions;

(ii) Nothing in this subsection (5)(c) precludes the shorelines hearings board from concluding that the shoreline project or any element of the project is inconsistent with the goals and policies of this chapter or the local shoreline master program;

(iii) This subsection (5)(c) does not apply to permit decisions for the replacement of the floating bridge and landings of the state route number 520 Evergreen Point bridge on or adjacent to Lake Washington;

(d) Except as authorized in (b) and (c) of this subsection, construction may be commenced no sooner than thirty days after the date of the appeal of the board's decision is filed if a permit is granted by the local government and (i) the granting of the permit is appealed to the shorelines hearings board within twenty-one days of the date of filing, (ii) the hearings board approves the granting of the permit by the local government or approves a portion of the substantial development for which the local government issued the permit, and (iii) an appeal for judicial review of the hearings board decision is filed pursuant to chapter 34.05 RCW. The appellant may request, within ten days of the filing of the appeal with the court, a hearing before the court to determine whether construction pursuant to the permit approved by the hearings board or to a revised permit issued pursuant to the order of the hearings board should not commence. If, at the conclusion of the hearing, the court finds that construction pursuant to such a permit would involve a significant, irreversible damaging of the environment, the court shall prohibit the permittee from commencing the construction pursuant to the approved or revised permit until all review proceedings are final. Construction pursuant to a permit revised at the direction of the hearings board may begin only on that portion of the substantial development for which the local government had originally issued the permit, and construction pursuant to such a revised permit on other portions of the substantial development may not begin until after all review proceedings are terminated. In such a hearing before the court, the burden of proving whether the construction may involve significant irreversible damage to the environment and demonstrating whether such construction would or would not be appropriate is on the appellant;

(((d))) (e) Except as authorized in (b) and (c) of this subsection, if the permit is for a substantial development meeting the requirements of subsection (11) of this section, construction pursuant to that permit may not begin or be authorized until twenty-one days from the date the permit decision was filed as provided in subsection (6) of this section.

If a permittee begins construction pursuant to (a), (b), (c), ((or)) (d), or (e) of this subsection, the construction is begun at the permittee's own risk. If, as a result of judicial review, the courts order the removal of any portion of the construction or the restoration of any portion of the environment involved or require the alteration of any portion of a substantial development constructed pursuant to a permit, the permittee is barred from recovering damages or costs involved in adhering to such requirements from the local government that granted the permit, the hearings board, or any appellant or intervener.

(6) Any decision on an application for a permit under the authority of this section, whether it is an approval or a denial, shall, concurrently with the transmittal of the ruling to the applicant, be filed with the department and the attorney general. This shall be accomplished by return receipt requested mail. A petition for review of such a decision must be commenced within twenty-one days from the date of filing of the decision.

(a) With regard to a permit other than a permit governed by subsection (10) of this section, "date of filing" as used in this section refers to the date of actual receipt by the department of the local government's decision.

(b) With regard to a permit for a variance or a conditional use governed by subsection (10) of this section, "date of filing" means the date the decision of the department is transmitted by the department to the local government.

(c) When a local government simultaneously transmits to the department its decision on a shoreline substantial development with its approval of either a shoreline conditional use permit or variance, or both, "date of filing" has the same meaning as defined in (b) of this subsection.

(d) The department shall notify in writing the local government and the applicant of the date of filing by telephone or electronic means, followed by written communication as necessary, to ensure that the applicant has received the full written decision.

(7) Applicants for permits under this section have the burden of proving that a proposed substantial development is consistent with the criteria that must be met before a permit is granted. In any review of the granting or denial of an application for a permit as provided in RCW 90.58.180 (1) and (2), the person requesting the review has the burden of proof.

(8) Any permit may, after a hearing with adequate notice to the permittee and the public, be rescinded by the issuing authority upon the finding that a permittee has not complied with conditions of a permit. If the department is of the opinion that noncompliance exists, the department shall provide written notice to the local government and the permittee. If the department is of the opinion that the noncompliance continues to exist thirty days after the date of the notice, and the local government has taken no action to rescind the permit, the department may petition the hearings board for a rescission of the permit upon written notice of the petition to the local government and the permittee if the request by the department is made to the hearings board within fifteen days of the termination of the thirty-day notice to the local government.

(9) The holder of a certification from the governor pursuant to chapter 80.50 RCW shall not be required to obtain a permit under this section.

(10) Any permit for a variance or a conditional use issued with approval by a local government under their approved master program must be submitted to the department for its approval or disapproval.

(11)(a) An application for a substantial development permit for a limited utility extension or for the construction of a bulkhead or other measures to protect a single-family residence and its appurtenant structures from shoreline erosion shall be subject to the following procedures:

(i) The public comment period under subsection (4) of this section shall be twenty days. The notice provided under subsection (4) of this section shall state the manner in which the public may obtain a copy of the local government decision on the application no later than two days following its issuance;

(ii) The local government shall issue its decision to grant or deny the permit within twenty-one days of the last day of the comment period specified in (a)(i) of this subsection; and

(iii) If there is an appeal of the decision to grant or deny the permit to the local government legislative authority, the appeal shall be finally determined by the legislative authority within thirty days.

(b) For purposes of this section, a limited utility extension means the extension of a utility service that:

(i) Is categorically exempt under chapter 43.21C RCW for one or more of the following: Natural gas, electricity, telephone, water, or sewer;

(ii) Will serve an existing use in compliance with this chapter; and

(iii) Will not extend more than twenty-five hundred linear feet within the shorelines of the state."

Correct the title.

 

Signed by Representatives Fitzgibbon, Chair; Peterson, Vice Chair; Farrell; Goodman; McBride and Taylor.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Shea, Ranking Minority Member; Short, Assistant Ranking Minority Member; Harris and Pike.

 

Referred to Committee on Transportation.

 

FIRST SUPPLEMENTAL REPORTS OF STANDING COMMITTEES

 

March 31, 20150)

HB 1166             Prime Sponsor, Representative Dunshee: Concerning state general obligation bonds and related accounts.  Reported by Committee on Capital Budget

 

MAJORITY recommendation:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by Representatives Dunshee, Chair; Stanford, Vice Chair; DeBolt, Ranking Minority Member; Smith, Assistant Ranking Minority Member; Kilduff; Kochmar; Peterson; Riccelli and Walsh.

 

Referred to Committee on .

 

March 31, 20150)

ESSB 5084         Prime Sponsor, Committee on Health Care: Modifying the all payer claims database to improve health care quality and cost transparency by changing provisions related to definitions regarding data, reporting and pricing of products, responsibilities of the office of financial management and the lead organization, submission to the database, and parameters for release of information.  Reported by Committee on Health Care & Wellness

 

MAJORITY recommendation:  Do pass as amended. 

 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 43.371.010 and 2014 c 223 s 8 are each amended to read as follows:

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Authority" means the health care authority.

(2) "Carrier" and "health carrier" have the same meaning as in RCW 48.43.005.

(3) "Claims data" means the data required by RCW 43.371.030 to be submitted to the database, including billed, allowed and paid amounts, and such additional information as defined by the director in rule. (("Claims data" includes: (a) Claims data related to health care coverage and services funded, in whole or in part, in the omnibus appropriations act, including coverage and services funded by appropriated and nonappropriated state and federal moneys, for medicaid programs and the public employees benefits board program; and (b) claims data voluntarily provided by other data suppliers, including carriers and self-funded employers.))

(4) "Database" means the statewide all-payer health care claims database established in RCW 43.371.020.

(5) "Data vendor" means an entity contracted to perform data collection, processing, aggregation, extracts, analytics, and reporting.

(6) "Director" means the director of financial management.

(((6))) (7) "Lead organization" means the organization selected under RCW 43.371.020.

(((7))) (8) "Office" means the office of financial management.

(9) "Data supplier" means: (a) A carrier, third-party administrator, or a public program identified in RCW 43.371.030 that provides claims data; and (b) a carrier or any other entity that provides claims data to the database at the request of an employer-sponsored self-funded health plan or Taft-Hartley trust health plan pursuant to RCW 43.371.030(1).

(10) "Direct patient identifier" means a data variable that directly identifies an individual, including: Names; telephone numbers; fax numbers; social security number; medical record numbers; health plan beneficiary numbers; account numbers; certificate or license numbers; vehicle identifiers and serial numbers, including license plate numbers; device identifiers and serial numbers; web universal resource locators; internet protocol address numbers; biometric identifiers, including finger and voice prints; and full face photographic images and any comparable images.

(11) "Indirect patient identifier" means a data variable that may identify an individual when combined with other information.

(12) "Proprietary financial information" means claims data or reports that disclose or would allow the determination of specific terms of contracts, discounts, or fixed reimbursement arrangements or other specific reimbursement arrangements between an individual health care facility or health care provider, as those terms are defined in RCW 48.43.005, and a specific payer, or internal fee schedule or other internal pricing mechanism of integrated delivery systems owned by a carrier.

(13) "Unique identifier" means an obfuscated identifier assigned to an individual represented in the database to establish a basis for following the individual longitudinally throughout different payers and encounters in the data without revealing the individual's identity.

Sec. 2.  RCW 43.371.020 and 2014 c 223 s 10 are each amended to read as follows:

(1) The office shall establish a statewide all-payer health care claims database to support transparent public reporting of health care information. The database must improve transparency to: Assist patients, providers, and hospitals to make informed choices about care; enable providers, hospitals, and communities to improve by benchmarking their performance against that of others by focusing on best practices; enable purchasers to identify value, build expectations into their purchasing strategy, and reward improvements over time; and promote competition based on quality and cost. The database must systematically collect all medical claims and pharmacy claims from private and public payers, with data from all settings of care that permit the systematic analysis of health care delivery.

(2) The ((director shall select a lead organization)) office shall use a competitive procurement process, in accordance with chapter 39.26 RCW, to select a lead organization from among the best potential bidders to coordinate and manage the database.

(a) Due to the complexities of the all payer claims database and the unique privacy, quality, and financial objectives, the office must award extra points in the scoring evaluation for the following elements: (i) The bidder's degree of experience in health care data collection, analysis, analytics, and security; (ii) whether the bidder has a long-term self-sustainable financial model; (iii) the bidder's experience in convening and effectively engaging stakeholders to develop reports; (iv) the bidder's experience in meeting budget and timelines for report generations; and (v) the bidder's ability to combine cost and quality data.

(b) By December 31, 2017, the successful lead organization must apply to be certified as a qualified entity pursuant to 42 C.F.R. Sec. 401.703(a) by the centers for medicare and medicaid services.

(3) As part of the competitive procurement process in subsection (2) of this section, the lead organization shall enter into a contract with a data vendor to perform data collection, processing, aggregation, extracts, and analytics. The data vendor must:

(a) Establish a secure data submission process with data suppliers;

(b) Review data submitters' files according to standards established by the office;

(c) Assess each record's alignment with established format, frequency, and consistency criteria;

(d) Maintain responsibility for quality assurance, including, but not limited to: (i) The accuracy and validity of data suppliers' data; (ii) accuracy of dates of service spans; (iii) maintaining consistency of record layout and counts; and (iv) identifying duplicate records;

(e) Assign unique identifiers, as defined in RCW 43.371.010, to individuals represented in the database;

(f) Ensure that direct patient identifiers, indirect patient identifiers, and proprietary financial information are released only in compliance with the terms of this chapter;

(g) Demonstrate internal controls and affiliations with separate organizations as appropriate to ensure safe data collection, security of the data with state of the art encryption methods, actuarial support, and data review for accuracy and quality assurance;

(h) Store data on secure servers that are compliant with the federal health insurance portability and accountability act and regulations, with access to the data strictly controlled and limited to staff with appropriate training, clearance, and background checks; and

(i) Maintain state of the art security standards for transferring data to approved data requestors.

(4) The lead organization and data vendor must submit detailed descriptions to the office of the chief information officer to ensure robust security methods are in place. The office of the chief information officer must report its findings to the office and the appropriate committees of the legislature.

(5) The lead organization is responsible for internal governance, management, funding, and operations of the database. At the direction of the office, the lead organization shall work with the data vendor to:

(a) Collect claims data from data suppliers as provided in RCW 43.371.030;

(b) Design data collection mechanisms with consideration for the time and cost ((involved)) incurred by data suppliers and others in submission and collection and the benefits that measurement would achieve, ensuring the data submitted meet quality standards and are reviewed for quality assurance;

(c) Ensure protection of collected data and store and use any data ((with patient-specific information)) in a manner that protects patient privacy and complies with this section. All patient-specific information must be deidentified with an up-to-date industry standard encryption algorithm;

(d) Consistent with the requirements of this chapter, make information from the database available as a resource for public and private entities, including carriers, employers, providers, hospitals, and purchasers of health care;

(e) Report performance on cost and quality pursuant to RCW 43.371.060 using, but not limited to, the performance measures developed under RCW 41.05.690;

(f) Develop protocols and policies, including prerelease peer review by data suppliers, to ensure the quality of data releases and reports;

(g) Develop a plan for the financial sustainability of the database as self-sustaining and charge fees ((not to exceed five thousand dollars unless otherwise negotiated)) for reports and data files as needed to fund the database. Any fees must be approved by the office and ((must)) should be comparable, accounting for relevant differences across data ((requesters and users)) requests and uses. The lead organization may not charge providers or data suppliers fees other than fees directly related to requested reports; and

(h) Convene advisory committees with the approval and participation of the office, including: (i) A committee on data policy development; and (ii) a committee to establish a data release process consistent with the requirements of this chapter and to provide advice regarding formal data release requests. The advisory committees must include in-state representation from key provider, hospital, ((payer,)) public health, health maintenance organization, large and small private purchasers, ((and)) consumer organizations, and the two largest carriers supplying claims data to the database.

(((3))) (6) The lead organization governance structure and advisory committees for this database must include representation of the third-party administrator of the uniform medical plan. A payer, health maintenance organization, or third-party administrator must be a data supplier to the all-payer health care claims database to be represented on the lead organization governance structure or advisory committees.

Sec. 3.  RCW 43.371.030 and 2014 c 223 s 11 are each amended to read as follows:

(1) ((Data suppliers must)) The state medicaid program, public employees' benefits board programs, all health carriers operating in this state, all third-party administrators paying claims on behalf of health plans in this state, and the state labor and industries program must submit claims data to the database within the time frames established by the director in rule and in accordance with procedures established by the lead organization. The director may expand this requirement by rule to include any health plans or health benefit plans defined in RCW 48.43.005(26) (a) through (i) to accomplish the goals of this chapter set forth in RCW 43.371.020(1). Employer-sponsored self-funded health plans and Taft-Hartley trust health plans may voluntarily provide claims data to the database within the time frames and in accordance with procedures established by the lead organization.

(2) ((An entity that is not a data supplier but that chooses to participate in the database shall require any third-party administrator utilized by the entity's plan to release any claims data related to persons receiving health coverage from the plan.)) Any data supplier used by an entity that voluntarily participates in the database must provide claims data to the data vendor upon request of the entity.

(3) ((Each data supplier)) The lead organization shall submit an annual status report to the office regarding ((its)) compliance with this section. ((The report to the legislature required by section 2 of this act must include a summary of these status reports.))

Sec. 4.  RCW 43.371.040 and 2014 c 223 s 12 are each amended to read as follows:

(1) The claims data provided to the database, the database itself, including the data compilation, and any raw data received from the database are not public records and are exempt from public disclosure under chapter 42.56 RCW.

(2) Claims data obtained, distributed, or reported in the course of activities undertaken pursuant to or supported under this chapter are not subject to subpoena or similar compulsory process in any civil or criminal, judicial, or administrative proceeding, nor may any individual or organization with lawful access to data under this chapter be compelled to provide such information pursuant to subpoena or testify with regard to such data, except that data pertaining to a party in litigation may be subject to subpoena or similar compulsory process in an action brought by or on behalf of such individual to enforce any liability arising under this chapter.

Sec. 5.  RCW 43.371.050 and 2014 c 223 s 13 are each amended to read as follows:

(1) Except as otherwise required by law, claims or other data from the database shall only be available for retrieval in ((original or)) processed form to public and private requesters pursuant to this section and shall be made available within a reasonable time after the request. Each request for claims data must include, at a minimum, the following information:

(a) The identity of any entities that will analyze the data in connection with the request;

(b) The stated purpose of the request and an explanation of how the request supports the goals of this chapter set forth in RCW 43.371.020(1);

(c) A description of the proposed methodology;

(d) The specific variables requested and an explanation of how the data is necessary to achieve the stated purpose described pursuant to (b) of this subsection;

(e) How the requester will ensure all requested data is handled in accordance with the privacy and confidentiality protections required under this chapter and any other applicable law;

(f) The method by which the data will be stored, destroyed, or returned to the lead organization at the conclusion of the data use agreement;

(g) The protections that will be utilized to keep the data from being used for any purposes not authorized by the requester's approved application; and

(h) Consent to the penalties associated with the inappropriate disclosures or uses of direct patient identifiers, indirect patient identifiers, or proprietary financial information adopted under RCW 43.371.070(1).

(2) The lead organization may decline a request that does not include the information set forth in subsection (1) of this section that does not meet the criteria established by the lead organization's data release advisory committee, or for reasons established by rule.

(3) Except as otherwise required by law, the office shall direct the lead organization and the data vendor to maintain the confidentiality of claims or other data it collects for the database that include ((direct and)) proprietary financial information, direct patient identifiers, indirect patient identifiers, or any combination thereof. Any ((agency, researcher, or other person)) entity that receives claims or other data ((under this section containing direct or indirect patient identifiers)) must also maintain confidentiality and may ((not)) only release such claims ((or other data except as consistent with this section. The office shall oversee the lead organization's release of data as follows)) data or any part of the claims data if:

(a) The claims data does not contain proprietary financial information, direct patient identifiers, indirect patient identifiers, or any combination thereof; and

(b) The release is described and approved as part of the request in subsection (1) of this section.

(4) The lead organization shall, in conjunction with the office and the data vendor, create and implement a process to govern levels of access to and use of data from the database consistent with the following:

(a) Claims or other data that include ((direct or)) proprietary financial information, direct patient identifiers, indirect patient identifiers, ((as specifically defined in rule,)) unique identifiers, or any combination thereof may be released only to the extent such information is necessary to achieve the goals of this chapter set forth in RCW 43.371.020(1) to((:

(i) Federal, state, and local government agencies upon receipt of a signed data use agreement with the office and the lead organization; and

(ii))) researchers with approval of an institutional review board upon receipt of a signed data use and confidentiality agreement with ((the office and)) the lead organization. A researcher or research organization that obtains claims data pursuant to this subsection must agree in writing not to disclose such data or parts of the data set to any other party, including affiliated entities, and must consent to the penalties associated with the inappropriate disclosures or uses of direct patient identifiers, indirect patient identifiers, or proprietary financial information adopted under RCW 43.371.070(1).

(b) Claims or other data that do not contain direct patient identifiers, but that may contain proprietary financial information, indirect patient identifiers, unique identifiers, or any combination thereof may be released to:

(i) Federal, state, and local government agencies upon receipt of a signed data use agreement with the office and the lead organization. Federal, state, and local government agencies that obtain claims data pursuant to this subsection are prohibited from using such data in the purchase or procurement of health benefits for their employees; and

(ii) Any entity when functioning as the lead organization under the terms of this chapter.

(c) Claims or other data that do not contain proprietary financial information, direct patient identifiers, or any combination thereof, but that may contain indirect patient identifiers, unique identifiers, or a combination thereof may be released to agencies, researchers, and other ((persons)) entities as approved by the lead organization upon receipt of a signed data use agreement with the lead organization.

(((c))) (d) Claims or other data that do not contain direct ((or)) patient identifiers, indirect patient identifiers, proprietary financial information, or any combination thereof may be released upon request.

(((3))) (5) Reports utilizing data obtained under this section may not contain proprietary financial information, direct patient identifiers, indirect patient identifiers, or any combination thereof. Nothing in this subsection (5) may be construed to prohibit the use of geographic areas with a sufficient population size or aggregate gender, age, medical condition, or other characteristics in the generation of reports, so long as they cannot lead to the identification of an individual.

(6) Reports issued by the lead organization at the request of providers, facilities, employers, health plans, and other entities as approved by the lead organization may utilize proprietary financial information to calculate aggregate cost data for display in such reports. The office shall approve by rule a format for the calculation and display of aggregate cost data consistent with this chapter that will prevent the disclosure or determination of proprietary financial information. In developing the rule, the office shall solicit feedback from the stakeholders, including those listed in RCW 43.371.020(5)(h), and must consider, at a minimum, data presented as proportions, ranges, averages, and medians, as well as the differences in types of data gathered and submitted by data suppliers.

(7) Recipients of claims or other data under subsection (((2)(a) or (b))) (4) of this section must agree in a data use agreement or a confidentiality agreement to, at a minimum:

(a) Take steps to protect data containing direct ((and)) patient identifiers, indirect patient ((identifying)) identifiers, proprietary financial information, or any combination thereof as described in the agreement; ((and))

(b) Not redisclose the claims data except ((as authorized in the agreement consistent with the purpose of the agreement or as otherwise required by law.

(4) Recipients of the claims or other data under subsection (2)(b) of this section must not attempt to determine the identity of persons whose information is included in the data set or use the claims or other data in any manner that identifies the individuals or their families.

(5) For purposes of this section, the following definitions apply unless the context clearly requires otherwise.

(a) "Direct patient identifier" means information that identifies a patient.

(b) "Indirect patient identifier" means information that may identify a patient when combined with other information)) pursuant to subsection (3) of this section;

(c) Not attempt to determine the identity of any person whose information is included in the data set or use the claims or other data in any manner that identifies any individual or their family or attempt to locate information associated with a specific individual;

(d) Destroy or return claims data to the lead organization at the conclusion of the data use agreement; and

(e) Consent to the penalties associated with the inappropriate disclosures or uses of direct patient identifiers, indirect patient identifiers, or proprietary financial information adopted under RCW 43.371.070(1).

Sec. 6.  RCW 43.371.060 and 2014 c 223 s 14 are each amended to read as follows:

(1)(a) Under the supervision of and through contract with the office, the lead organization shall prepare health care data reports using the database and the statewide health performance and quality measure set((, including only those measures that can be completed with readily available claims data)). Prior to the lead organization releasing any health care data reports that use claims data, the lead organization must submit the reports to the office for review ((and approval)).

(b) By October 31st of each year, the lead organization shall submit to the director a list of reports it anticipates producing during the following calendar year. The director may establish a public comment period not to exceed thirty days, and shall submit the list and any comment to the appropriate committees of the legislature for review.

(2)(a) Health care data reports that use claims data prepared by the lead organization ((that use claims data must assist)) for the legislature and the public ((with)) should promote awareness and ((promotion of)) transparency in the health care market by reporting on:

(i) Whether providers and health systems deliver efficient, high quality care; and

(ii) Geographic and other variations in medical care and costs as demonstrated by data available to the lead organization.

(b) Measures in the health care data reports should be stratified by demography, income, language, health status, and geography when feasible with available data to identify disparities in care and successful efforts to reduce disparities.

(c) Comparisons of costs among providers and health care systems must account for differences in ((acuity)) the case mix and severity of illness of patients and populations, as appropriate and feasible, and must take into consideration the cost impact of subsidization for uninsured and ((governmental)) government-sponsored patients, as well as teaching expenses, when feasible with available data.

(3) The lead organization may not publish any data or health care data reports that:

(a) Directly or indirectly identify individual patients;

(b) ((Disclose specific terms of contracts, discounts, or fixed reimbursement arrangements or other specific reimbursement arrangements between an individual provider and a specific payer)) Disclose a carrier's proprietary financial information; or

(c) Compare((s)) performance in a report generated for the general public that includes any provider in a practice with fewer than ((five)) four providers.

(4) The lead organization may not release a report that compares and identifies providers, hospitals, or data suppliers unless ((it)):

(a) It allows the data supplier, the hospital, or the provider to verify the accuracy of the information submitted to the ((lead organization)) data vendor, comment on the reasonableness of conclusions reached, and submit to the lead organization and data vendor any corrections of errors with supporting evidence and comments within ((forty-five)) thirty days of receipt of the report; ((and))

(b) It corrects data found to be in error within a reasonable amount of time; and

(c) The report otherwise complies with this chapter.

(5) The office and the lead organization may use claims data to identify and make available information on payers, providers, and facilities, but may not use claims data to recommend or incentivize direct contracting between providers and employers.

(6)(a) The lead organization shall ((ensure that no individual data supplier comprises more than twenty-five percent of the claims data used in any report or other analysis generated from the database. For purposes of this subsection, a "data supplier" means a carrier and any self-insured employer that uses the carrier's provider contracts)) distinguish in advance to the office when it is operating in its capacity as the lead organization and when it is operating in its capacity as a private entity. Where the lead organization acts in its capacity as a private entity, it may only access data pursuant to RCW 43.371.050(4) (c) or (d).

(b) Except as provided in RCW 43.371.050(4), claims or other data that contain direct patient identifiers or proprietary financial information must remain exclusively in the custody of the data vendor and may not be accessed by the lead organization.

Sec. 7.  RCW 43.371.070 and 2014 c 223 s 15 are each amended to read as follows:

(1) The director shall adopt any rules necessary to implement this chapter, including:

(a) Definitions of claim and data files that data suppliers must submit to the database, including: Files for covered medical services, pharmacy claims, and dental claims; member eligibility and enrollment data; and provider data with necessary identifiers;

(b) Deadlines for submission of claim files;

(c) Penalties for failure to submit claim files as required;

(d) Procedures for ensuring that all data received from data suppliers are securely collected and stored in compliance with state and federal law; ((and))

(e) Procedures for ensuring compliance with state and federal privacy laws;

(f) Procedures for establishing appropriate fees;

(g) Procedures for data release; and

(h) Penalties associated with the inappropriate disclosures or uses of direct patient identifiers, indirect patient identifiers, and proprietary financial information.

(2) The director may not adopt rules, policies, or procedures beyond the authority granted in this chapter.

NEW SECTION.  Sec. 8.  A new section is added to chapter 43.371 RCW to read as follows:

(1) By December 1st of 2016 and 2017, the office shall report to the appropriate committees of the legislature regarding the development and implementation of the database, including but not limited to budget and cost detail, technical progress, and work plan metrics.

(2) Every two years commencing two years following the year in which the first report is issued or the first release of data is provided from the database, the office shall report to the appropriate committees of the legislature regarding the cost, performance, and effectiveness of the database and the performance of the lead organization under its contract with the office. Using independent economic expertise, subject to appropriation, the report must evaluate whether the database has advanced the goals set forth in RCW 43.371.020(1), as well as the performance of the lead organization. The report must also make recommendations regarding but not limited to how the database can be improved, whether the contract for the lead organization should be modified, renewed, or terminated, and the impact the database has had on competition between and among providers, purchasers, and payers.

(3) Beginning July 1, 2015, and every six months thereafter, the office shall report to the appropriate committees of the legislature regarding any additional grants received or extended.

NEW SECTION.  Sec. 9.  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."

Correct the title.

 

Signed by Representatives Cody, Chair; Riccelli, Vice Chair; Harris, Assistant Ranking Minority Member; Clibborn; DeBolt; Jinkins; Johnson; Moeller; Robinson; Tharinger and Van De Wege.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Schmick, Ranking Minority Member; Caldier and Short.

 

Passed to Committee on Rules for second reading.

 

March 30, 20150)

SB 5085             Prime Sponsor, Senator Rolfes: Authorizing siblings of United States armed forces members who died while in service or as a result of service to apply for gold star license plates.  Reported by Committee on Transportation

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 46.18.245 and 2013 c 137 s 1 are each amended to read as follows:

(1) A registered owner who is an eligible family member of a member of the United States armed forces who died while in service to his or her country, or as a result of his or her service, may apply to the department for special gold star license plates for use on a motor vehicle. The registered owner must:

(a) Be a resident of this state;

(b) Provide proof to the satisfaction of the department that the registered owner is an eligible family member, which includes:

(i) A widow;

(ii) A widower;

(iii) A biological parent;

(iv) An adoptive parent;

(v) A stepparent;

(vi) An adult in loco parentis or foster parent;

(vii) A biological child; ((or))

(viii) An adopted child; or

(ix) A sibling;

(c) Provide certification from the Washington state department of veterans affairs that the registered owner qualifies for the special license plate under this section;

(d) Be recorded as the registered owner of the motor vehicle on which the gold star license plates will be displayed; and

(e) Except as provided in subsection (2) of this section, pay all fees and taxes required by law for registering the motor vehicle.

(2) In addition to the license plate fee exemption in subsection (3)(b) of this section, the widow or widower recipient of a gold star license plate under this section is also exempt from annual vehicle registration fees for one personal use motor vehicle.

(3) Gold star license plates must be issued:

(a) Only for motor vehicles owned by qualifying applicants; and

(b) Without payment of any license plate fee.

(((3))) (4) Gold star license plates must be replaced, free of charge, if the license plates become lost, stolen, damaged, defaced, or destroyed.

(((4))) (5) Gold star license plates may be transferred from one motor vehicle to another motor vehicle owned by the eligible family member, as described in subsection (1) of this section, upon application to the department, county auditor or other agent, or subagent appointed by the director."

Correct the title.

 

Signed by Representatives Clibborn, Chair; Farrell, Vice Chair; Fey, Vice Chair; Moscoso, Vice Chair; Orcutt, Ranking Minority Member; Hargrove, Assistant Ranking Minority Member; Bergquist; Gregerson; Harmsworth; Hayes; Kochmar; McBride; Moeller; Morris; Ortiz-Self; Pike; Riccelli; Rodne; Sells; Shea; Takko; Tarleton; Wilson; Young and Zeiger.

 

Passed to Committee on Rules for second reading.

 

March 31, 20150)

ESSB 5133         Prime Sponsor, Committee on Higher Education: Concerning a study of higher education cost drivers. (REVISED FOR ENGROSSED: Concerning a review of higher education costs. )  Reported by Committee on Higher Education

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  (1) The joint legislative audit and review committee shall conduct a review of the available financial records on higher education costs of instruction at the state universities, regional universities, and The Evergreen State College. In conducting the review, the committee shall consult with the institutions of higher education and the education data center within the office of financial management.

(2)(a) The review must describe the available financial records on higher education costs of instruction for each institution and the available cost of attendance data for students over the most recent twenty-year period, including the cost of:

(i) Research;

(ii) Faculty and staff salaries;

(iii) Administration;

(iv) Health care and benefits;

(v) Capital;

(vi) Student services;

(vii) Textbooks; and

(viii) Student housing.

(b) The review must also compare whether this data is available for institutions and students in the global challenge states.

(c) The review shall use information already available and report where there are gaps in the information sought under this section. The education data center in the office of financial management and the institutions of higher education must provide data to the committee to assist with completing the review.

(3) The joint legislative audit and review committee shall issue a report to the legislature by January 2016.

(4) This section expires July 1, 2016."

Correct the title.

 

Signed by Representatives Hansen, Chair; Pollet, Vice Chair; Zeiger, Ranking Minority Member; Haler, Assistant Ranking Minority Member; Bergquist; Gregory; Hargrove; Holy; Reykdal; Sells; Stambaugh; Tarleton and Van Werven.

 

Referred to Committee on Appropriations.

 

March 31, 20150)

SSB 5154           Prime Sponsor, Committee on Ways & Means: Concerning registered sex or kidnapping offenders.  Reported by Committee on Public Safety

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  (1) The sex offender policy board must review and make findings and recommendations regarding the following:

(a) Disclosure to the public of information compiled and submitted for the purposes of sex offender and kidnapping offender registries that is currently held by public agencies, including the relationship between chapter 42.56 RCW and RCW 4.24.550; and

(b) Ability of registered sex offenders and kidnapping offenders to petition for review of their assigned risk level classification and whether such a review process should be conducted according to a uniform statewide standard.

(2) The sex offender policy board must report its findings and recommendations pursuant to this section to the governor and to the appropriate committees of the legislature on or before December 1, 2015.

(3) This section expires January 31, 2016."

Correct the title.

 

Signed by Representatives Goodman, Chair; Orwall, Vice Chair; Klippert, Ranking Minority Member; Hayes, Assistant Ranking Minority Member; Appleton; Griffey; Moscoso; Pettigrew and Wilson.

 

Passed to Committee on Rules for second reading.

 

March 31, 20150)

SSB 5328           Prime Sponsor, Committee on Higher Education: Disseminating financial aid information.  Reported by Committee on Higher Education

 

MAJORITY recommendation:  Do pass as amended. 

 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 28B.92.005 and 2014 c 53 s 2 are each amended to read as follows:

Community and technical colleges shall provide financial aid application due dates and information on whether or not financial aid will be awarded on a rolling basis to their admitted students at the time of acceptance. ((Institutions of higher education are encouraged to post financial aid application dates and distribution policies on their web sites)) State universities, regional universities, and The Evergreen State College shall provide financial aid application due dates and distribution policies on their web sites, including whether financial aid is awarded on a rolling basis, for prospective and admitted students."

Correct the title.

 

Signed by Representatives Hansen, Chair; Pollet, Vice Chair; Zeiger, Ranking Minority Member; Haler, Assistant Ranking Minority Member; Bergquist; Gregory; Holy; Reykdal; Sells; Stambaugh; Tarleton and Van Werven.

 

MINORITY recommendation:  Without recommendation.  Signed by Representative Hargrove.

 

Passed to Committee on Rules for second reading.

 

March 31, 20150)

SSB 5355           Prime Sponsor, Committee on Higher Education: Modifying the definition of resident student to comply with federal requirements established by the veterans access, choice, and accountability act of 2014.  Reported by Committee on Higher Education

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 28B.15.012 and 2014 c 183 s 1 are each amended to read as follows:

Whenever used in this chapter:

(1) The term "institution" shall mean a public university, college, or community college within the state of Washington.

(2) The term "resident student" shall mean:

(a) A financially independent student who has had a domicile in the state of Washington for the period of one year immediately prior to the time of commencement of the first day of the semester or quarter for which the student has registered at any institution and has in fact established a bona fide domicile in this state primarily for purposes other than educational;

(b) A dependent student, if one or both of the student's parents or legal guardians have maintained a bona fide domicile in the state of Washington for at least one year immediately prior to commencement of the semester or quarter for which the student has registered at any institution;

(c) A student classified as a resident based upon domicile by an institution on or before May 31, 1982, who was enrolled at a state institution during any term of the 1982-1983 academic year, so long as such student's enrollment (excepting summer sessions) at an institution in this state is continuous;

(d) Any student who has spent at least seventy-five percent of both his or her junior and senior years in high schools in this state, whose parents or legal guardians have been domiciled in the state for a period of at least one year within the five-year period before the student graduates from high school, and who enrolls in a public institution of higher education within six months of leaving high school, for as long as the student remains continuously enrolled for three quarters or two semesters in any calendar year;

(e) Any person who has completed the full senior year of high school and obtained a high school diploma, both at a Washington public high school or private high school approved under chapter 28A.195 RCW, or a person who has received the equivalent of a diploma; who has lived in Washington for at least three years immediately prior to receiving the diploma or its equivalent; who has continuously lived in the state of Washington after receiving the diploma or its equivalent and until such time as the individual is admitted to an institution of higher education under subsection (1) of this section; and who provides to the institution an affidavit indicating that the individual will file an application to become a permanent resident at the earliest opportunity the individual is eligible to do so and a willingness to engage in any other activities necessary to acquire citizenship, including but not limited to citizenship or civics review courses;

(f) Any person who has lived in Washington, primarily for purposes other than educational, for at least one year immediately before the date on which the person has enrolled in an institution, and who holds lawful nonimmigrant status pursuant to 8 U.S.C. Sec. (a)(15) (E)(iii), (H)(i), or (L), or who holds lawful nonimmigrant status as the spouse or child of a person having nonimmigrant status under one of those subsections, or who, holding or having previously held such lawful nonimmigrant status as a principal or derivative, has filed an application for adjustment of status pursuant to 8 U.S.C. Sec. 1255(a);

(g) A student who is on active military duty stationed in the state or who is a member of the Washington national guard;

(h) A student who is on active military duty or a member of the national guard who entered service as a Washington resident and who has maintained Washington as his or her domicile but is not stationed in the state;

(i) A student who is the spouse or a dependent of a person who is on active military duty or a member of the national guard who entered service as a Washington resident and who has maintained Washington as his or her domicile but is not stationed in the state. If the person on active military duty is reassigned out-of-state, the student maintains the status as a resident student so long as the student is continuously enrolled in a degree program;

(j) A student who resides in the state of Washington and is the spouse or a dependent of a person who is a member of the Washington national guard;

(k)(i)(A) A student who ((has separated from the military under honorable conditions after at least two years of service, and who enters)):

(I) Has separated from the uniformed services with any period of honorable service after at least ninety days of active duty service;

(II) Is eligible for benefits under the federal all-volunteer force educational assistance program (38 U.S.C. Sec. 3001 et seq.), the federal post-9/11 veterans educational assistance act of 2008 (38 U.S.C. Sec. 3301 et seq.), or any other federal law authorizing educational assistance benefits for veterans; and

(III) Enters an institution of higher education in Washington within ((one)) three years of the date of separation ((who:

(i) At the time of separation designated Washington as his or her intended domicile; or

(ii) Has Washington as his or her official home of record; or

(iii) Moves to Washington and establishes a domicile as determined in RCW 28B.15.013;

(l) A student who is the spouse or a dependent of an individual who has separated from the military under honorable conditions after at least two years of service who:

(i) At the time of discharge designates Washington as his or her intended domicile; and

(ii) Has Washington as his or her primary domicile as determined in RCW 28B.15.013; and

(iii) Enters an institution of higher education in Washington within one year of the date of discharge)); or

 (B) A student who is a spouse, former spouse, or child, and is entitled to veterans administration educational benefits based on their relationship to an individual who has separated from the uniformed services with any period of honorable service after at least ninety days of active duty service, and who enters an institution of higher education in Washington within three years of the date of separation; or

(C) A student who is entitled to veterans administration educational benefits based on their relationship with a deceased member of the uniformed services who completed at least ninety days of active duty service and died in the line of duty, and the student enters an institution of higher education in Washington within three years of the service member's death;

(ii) A student who qualifies under (k)(i)(A) through (C) of this subsection and who remains continuously enrolled at an institution of higher education shall retain resident student status;

(iii) Nothing in this subsection (2)(k) applies to students who have a dishonorable discharge from the uniformed services, or to students who are the spouse or child of an individual who has had a dishonorable discharge from the uniformed services, unless the student is receiving veterans administration educational assistance benefits;

(((m))) (l) A student of an out-of-state institution of higher education who is attending a Washington state institution of higher education pursuant to a home tuition agreement as described in RCW 28B.15.725;

(((n))) (m) A student who meets the requirements of RCW 28B.15.0131: PROVIDED, That a nonresident student enrolled for more than six hours per semester or quarter shall be considered as attending for primarily educational purposes, and for tuition and fee paying purposes only such period of enrollment shall not be counted toward the establishment of a bona fide domicile of one year in this state unless such student proves that the student has in fact established a bona fide domicile in this state primarily for purposes other than educational;

(((o))) (n) A student who resides in Washington and is on active military duty stationed in the Oregon counties of Columbia, Gilliam, Hood River, Multnomah, Clatsop, Clackamas, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco, or Washington; or

(((p))) (o) A student who resides in Washington and is the spouse or a dependent of a person who resides in Washington and is on active military duty stationed in the Oregon counties of Columbia, Gilliam, Hood River, Multnomah, Clatsop, Clackamas, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco, or Washington. If the person on active military duty moves from Washington or is reassigned out of the Oregon counties of Columbia, Gilliam, Hood River, Multnomah, Clatsop, Clackamas, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco, or Washington, the student maintains the status as a resident student so long as the student resides in Washington and is continuously enrolled in a degree program.

(3) The term "nonresident student" shall mean any student who does not qualify as a "resident student" under the provisions of this section and RCW 28B.15.013. Except for students qualifying under subsection (2)(e) or (((m))) (l) of this section, a nonresident student shall include:

(a) A student attending an institution with the aid of financial assistance provided by another state or governmental unit or agency thereof, such nonresidency continuing for one year after the completion of such semester or quarter.

(b) A person who is not a citizen of the United States of America who does not have permanent or temporary resident status or does not hold "Refugee-Parolee" or "Conditional Entrant" status with the United States citizenship immigration services or is not otherwise permanently residing in the United States under color of law and who does not also meet and comply with all the applicable requirements in this section and RCW 28B.15.013.

(4) The term "domicile" shall denote a person's true, fixed and permanent home and place of habitation. It is the place where the student intends to remain, and to which the student expects to return when the student leaves without intending to establish a new domicile elsewhere. The burden of proof that a student, parent or guardian has established a domicile in the state of Washington primarily for purposes other than educational lies with the student.

(5) The term "dependent" shall mean a person who is not financially independent. Factors to be considered in determining whether a person is financially independent shall be set forth in rules adopted by the student achievement council and shall include, but not be limited to, the state and federal income tax returns of the person and/or the student's parents or legal guardian filed for the calendar year prior to the year in which application is made and such other evidence as the council may require.

(6) The term "active military duty" means the person is serving on active duty in:

(a) The armed forces of the United States government; or

(b) The Washington national guard; or

(c) The coast guard, merchant mariners, or other nonmilitary organization when such service is recognized by the United States government as equivalent to service in the armed forces.

(7) The term "active duty service" means full-time duty, other than active duty for training, as a member of the uniformed service of the United States. Active duty service as a national guard member under Title 32 U.S.C. for the purpose of organizing, administering, recruiting, instructing, or training and active service under 32 U.S.C. Sec. 502(f) for the purpose of responding to a national emergency is recognized as active duty service.

(8) The term "uniformed services" is defined by Title 10 U.S.C.; subsequently structured and organized by Titles 14, 33, and 42 U.S.C.; consisting of the United States army, United States marine corps, United States navy, United States air force, United States coast guard, United States public health service commissioned corps, and the national oceanic and atmospheric administration commissioned officer corps.

NEW SECTION.  Sec. 2.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2015."

Correct the title.

 

Signed by Representatives Hansen, Chair; Pollet, Vice Chair; Zeiger, Ranking Minority Member; Haler, Assistant Ranking Minority Member; Bergquist; Gregory; Hargrove; Holy; Reykdal; Sells; Stambaugh; Tarleton and Van Werven.

 

Referred to Committee on Appropriations.

 

March 30, 20150)

SSB 5397           Prime Sponsor, Committee on Transportation: Concerning the disclosure of certain transportation-related information by the department of licensing.  Reported by Committee on Transportation

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Clibborn, Chair; Farrell, Vice Chair; Fey, Vice Chair; Moscoso, Vice Chair; Orcutt, Ranking Minority Member; Hargrove, Assistant Ranking Minority Member; Bergquist; Gregerson; Harmsworth; Hayes; Kochmar; McBride; Moeller; Morris; Ortiz-Self; Pike; Riccelli; Rodne; Sells; Shea; Takko; Tarleton; Wilson; Young and Zeiger.

 

Passed to Committee on Rules for second reading.

 

March 31, 20150)

SSB 5534           Prime Sponsor, Committee on Higher Education: Creating the certified public accounting scholarship program.  Reported by Committee on Higher Education

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  (1) The certified public accounting scholarship program is established.

(2) The purpose of this scholarship program is to increase the number of students pursuing the certified public accounting license in Washington state.

(3) Scholarships shall be awarded to eligible students based on merit and without regard to age, gender, race, creed, religion, ethnic or national origin, or sexual orientation. In the selection process, the foundation is encouraged to consider the level of financial need demonstrated by applicants who otherwise meet merit-based scholarship criteria.

(4) Scholarships shall be awarded every year not to exceed the net balance of the foundation's scholarship award account. 

(5) Scholarships shall be awarded to eligible students for one year. Qualified applicants may reapply in subsequent years.

(6) Scholarships awarded to program participants shall be paid directly to the Washington-based college or university where the program participant is enrolled.

(7) A scholarship award for any program participant shall not exceed the cost of tuition and fees assessed by the college or university on that individual program participant for the academic year of the award.

NEW SECTION.  Sec. 2.  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Board" means the board of accountancy created in RCW 18.04.035.

(2) "Eligible student" means a student enrolled at an accredited Washington-based college or university with a declared major in accounting, entering his or her junior year or higher. "Eligible student" includes community college transfer students, residents of Washington pursuing an online degree in accounting, and students pursuing a masters in tax, masters in accounting, or a PhD in accounting.

(3) "Foundation" means the Washington CPA foundation.

(4) "Program" means the certificated public accounting scholarship program created in this chapter.

(5) "Program participant" means an eligible student who is awarded a scholarship under the program.

(6) "Resident student" has the definition in RCW 28B.15.012.

NEW SECTION.  Sec. 3.  The board must contract with a foundation to develop and administer the program. The board shall provide oversight and guidance for the program in light of established legislative priorities and to fulfill the duties and responsibilities under this chapter and chapter 18.04 RCW, including determining eligible education programs for purposes of the program. The board shall negotiate a reasonable administrative fee for the services provided by the foundation. In addition to its contractual obligations with the board, the foundation has the duties and responsibilities to:

(1) Establish a separate scholarship award account to receive state funds and from which to disburse scholarship awards;

(2) Manage and invest funds in the separate scholarship award account to maximize returns at a prudent level of risk and to maintain books and records of the account for examination by the board as it deems necessary or appropriate;

(3) In consultation with the board, make an assessment of the reasonable annual eligible expenses associated with eligible education programs identified by the board;

(4) Work with board, institutions of higher education, the student achievement council, and other organizations to promote and publicize the program to obtain a wide and diverse group of applicants;

(5) Develop and implement an application, selection, and notification process for awarding certified public accounting scholarships;

(6) Determine the annual amount of the certified public accounting scholarship for each program participant;

(7) Distribute scholarship awards to colleges and universities for program participants; and

(8) Notify the student achievement council and colleges and universities of enrolled program participants and inform them of the terms and conditions of the scholarship award.

NEW SECTION.  Sec. 4.  By January 1, 2016, and annually each January 1st thereafter, the foundation contracted with under section 3 of this act shall report to the board regarding the program, including:

(1) An accounting of receipts and disbursements of the foundation's separate scholarship award account including any realized or unrealized gains or losses and the resulting change in account balance;

(2) A list of the program participants and the scholarship amount awarded, by year; and

(3) Other outcome measures necessary for the board to assess the impacts of the program.

NEW SECTION.  Sec. 5.  (1) The certified public accounting scholarship transfer account is created in the custody of the state treasurer. Expenditures from the account may be used solely for scholarships and the administration of the program created in section 1 of this act.

(2) Revenues to the account shall consist of appropriations by the legislature and any gifts, grants, or donations received by the board for this purpose.

(3)  Only the director of the board or the director's designee may authorize expenditures from the certified public accounting scholarship transfer account. The account is not subject to the allotment procedures under chapter 43.88 RCW and an appropriation is not required for expenditures.

Sec. 6.  RCW 18.04.065 and 2001 c 294 s 6 are each amended to read as follows:

The board shall set its fees at a level adequate to pay the costs of administering this chapter. All fees for licenses, registrations of nonlicensee partners, shareholders, and managers of licensed firms, renewals of licenses, renewals of registrations of nonlicensee partners, shareholders, and managers of licensed firms, renewals of certificates, reinstatements of lapsed licenses, reinstatements of lapsed certificates, reinstatements of lapsed registrations of nonlicensee partners, shareholders, and managers of licensed firms, practice privileges under RCW 18.04.350, and delinquent filings received under the authority of this chapter shall be deposited in the certified public accountants' account created by RCW 18.04.105. Appropriation from such account shall be made only for the cost of administering the provisions of this chapter or for the purpose of administering the certified public accounting scholarship program created in chapter 28B.--- RCW (the new chapter created in section 7 of this act).

NEW SECTION.  Sec. 7.  Sections 1 through 5 of this act constitute a new chapter in Title 28B RCW."

Correct the title.

 

Signed by Representatives Hansen, Chair; Pollet, Vice Chair; Zeiger, Ranking Minority Member; Haler, Assistant Ranking Minority Member; Bergquist; Gregory; Hargrove; Holy; Reykdal; Sells; Stambaugh; Tarleton and Van Werven.

 

Referred to Committee on Appropriations.

 

March 31, 20150)

ESSB 5550         Prime Sponsor, Committee on Transportation: Regulating providers of commercial transportation services.  Reported by Committee on Business & Financial Services

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  This act may be known and cited as the insurance for providers of commercial transportation services act.

NEW SECTION.  Sec. 2.  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Commercial transportation services" or "services" means all times the driver is logged in to a commercial transportation services provider's digital network or software application or until the passenger has left the personal vehicle, whichever is later.

(2) "Commercial transportation services provider" means a corporation, partnership, sole proprietorship, or other entity, operating in Washington, that uses a digital network or software application to connect passengers to drivers for the purpose of providing a prearranged ride.

(3) "Driver" means an individual who uses a personal vehicle to provide services for passengers matched through a commercial transportation services provider's digital network or software application. A driver need not be an employee of a commercial transportation services provider.

(4) "Passenger" means a passenger in a personal vehicle for whom transport is provided, including:

(a) An individual who uses a commercial transportation services provider's digital network or software application to connect with a driver to obtain services in the driver's vehicle for the individual and anyone in the individual's party; or

(b) Anyone for whom another individual uses a commercial transportation services provider's digital network or software application to connect with a driver to obtain services in the driver's vehicle.

(5) "Personal vehicle" means a vehicle that is used by a driver in connection with providing services for a commercial transportation services provider.

(6) "Prearranged ride" means a route of travel between points chosen by the passenger and arranged with a driver through the use of a commercial transportation services provider's digital network or software application. The ride begins when a driver accepts a requested ride through a digital network or software application, continues while the driver transports the passenger in a personal vehicle, and ends when the passenger departs from the personal vehicle.

NEW SECTION.  Sec. 3.  (1)(a) Before being used to provide commercial transportation services, every personal vehicle must be covered by a primary automobile insurance policy that specifically covers commercial transportation services. Except as provided in subsection (2) of this section, a commercial transportation services provider must secure this policy for every personal vehicle used to provide commercial transportation services. For purposes of this section, a "primary automobile insurance policy" is not a private passenger automobile insurance policy.

(b)(i) The primary automobile insurance policy required under this section must provide coverage, as specified in this subsection (1)(b), at all times the driver is logged in to a commercial transportation provider's digital network or software application and at all times a passenger is in the vehicle as part of a prearranged ride, as follows:

(A) Liability coverage, while providing commercial transportation services applicable during the period before a driver accepts a requested ride through a digital network or software application, in an amount no less than fifty thousand dollars per person for bodily injury, one hundred thousand dollars per accident for bodily injury of all persons, and thirty thousand dollars for damage to property;

(B) Uninsured motorist coverage and underinsured motorist coverage in the amount of no less than fifty thousand dollars per person for bodily injury and one hundred thousand dollars per accident for bodily injury of all persons;

(C) Personal injury protection coverage pursuant to RCW 48.22.095; and

(D) Comprehensive and collision coverage with a maximum deductible of five hundred dollars.

(ii) The primary automobile insurance policy required under this subsection must provide the following coverages, applicable during the period of a prearranged ride:

(A) Combined single limit liability coverage in the amount of one million dollars for death, personal injury, and property damage;

(B) Uninsured motorist coverage and underinsured motorist coverage in the amount of one million dollars;

(C) Personal injury protection coverage pursuant to RCW 48.22.095; and

(D) Comprehensive and collision coverage with a maximum deductible of five hundred dollars.

(2)(a) As an alternative to the provisions of subsection (1) of this section, if the office of the insurance commissioner approves the offering of an insurance policy that recognizes that a person is acting as a provider of commercial transportation services and using a personal vehicle to provide commercial transportation services, a driver may secure a primary automobile insurance policy covering a personal vehicle and providing the same coverage as required in subsection (1) of this section. The policy coverage may be in the form of a rider to, or endorsement of, the driver's private passenger automobile insurance policy only if approved as such by the office of the insurance commissioner.

(b) If the primary automobile insurance policy maintained by a driver to meet the obligation of this section does not provide coverage for any reason, including that the policy lapsed or did not exist, the commercial transportation services provider must provide the coverage required under this section beginning with the first dollar of a claim.

(c) The primary automobile insurance policy required under this subsection and subsection (1) of this section may be secured by any of the following:

(i) The commercial transportation services provider as provided in subsection (1) of this section;

(ii) The driver as provided under (a) of this subsection; or

(iii) A combination of both the commercial transportation services provider and the driver.

(3) The insurer or insurers providing coverage under subsections (1) and (2) of this section are the only insurers having the duty to defend any liability claim from an accident occurring while commercial transportation services are being provided.

(4) If a driver purchases a primary automobile insurance policy as allowed under subsection (2) of this section, the commercial transportation services provider must verify that the driver has done so.

(5) A primary automobile insurance policy required under subsection (1) or (2) of this section may be placed with an insurer licensed under this title to provide insurance in the state of Washington or as an eligible surplus line insurance policy as described in RCW 48.15.040.

(6) The insurance coverage requirements described in subsections (1) and (2) of this section do not apply to drivers and entities that have coverage pursuant to chapter 46.72 or 46.72A RCW.

(7) This section does not require a private passenger automobile insurance policy to provide primary or excess coverage or a duty to defend for the period of time in which a driver is logged in to a commercial transportation services provider's digital network or software application or while a passenger is in the vehicle.

(8)(a) A commercial transportation services provider must make the following disclosures to a prospective driver in the prospective driver's terms of service:

WHILE OPERATING ON THE COMMERCIAL TRANSPORTATION SERVICES PROVIDER'S DIGITAL NETWORK OR SOFTWARE APPLICATION, YOUR PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY MIGHT NOT AFFORD LIABILITY, UNDERINSURED MOTORIST, PERSONAL INJURY PROTECTION, COMPREHENSIVE, OR COLLISION COVERAGE, DEPENDING ON THE TERMS OF THE POLICY.

IF THE VEHICLE THAT YOU PLAN TO USE TO PROVIDE COMMERCIAL TRANSPORTATION SERVICES HAS A LIEN AGAINST IT, YOU MUST NOTIFY THE LIENHOLDER THAT YOU WILL BE USING THE VEHICLE FOR COMMERCIAL TRANSPORTATION SERVICES THAT MAY VIOLATE THE TERMS OF YOUR CONTRACT WITH THE LIENHOLDER.

(b) The prospective driver must acknowledge the terms of service electronically or by signature.

(9) If more than one insurance policy provides valid and collectible coverage for a loss arising out of an occurrence involving a motor vehicle operated by a driver, the responsibility for the claim must be divided as follows:

(a) Except as provided otherwise under subsection (2)(c) of this section, if the driver has been matched with a passenger and is traveling to pick up the passenger, or the driver is providing services to a passenger, the commercial transportation services provider that matched the driver and passenger must provide insurance coverage; or

(b) If the driver is logged in to more than one commercial transportation services provider's digital network or software application but has not been matched with a passenger, the liability must be divided equally among all of the applicable insurance policies that specifically provide coverage for commercial transportation services.

(10) In an accident or claims coverage investigation, a commercial transportation services provider or its insurer must cooperate with a private passenger automobile insurance policy insurer and other insurers that are involved in the claims coverage investigation to facilitate the exchange of information, including the provision of (a) dates and times at which an accident occurred that involved a participating driver and (b) within ten business days after receiving a request, a copy of the company's electronic record showing the precise times that the participating driver logged on and off the commercial transportation services provider's digital network or software application on the day the accident or other loss occurred. The commercial transportation services provider or its insurer must retain all data, communications, or documents related to insurance coverage or accident details for a period of not less than the applicable statutes of limitation, plus two years from the date of an accident to which those records pertain.

(11) This section does not modify or abrogate any otherwise applicable insurance requirement set forth in this title.

(12) After July 1, 2016, an insurance company regulated under this title may not deny an otherwise covered claim arising exclusively out of the personal use of the private passenger automobile solely on the basis that the insured, at other times, used the private passenger automobile covered by the policy to provide commercial transportation services.

Sec. 4.  RCW 51.12.020 and 2013 c 141 s 3 are each amended to read as follows:

The following are the only employments which shall not be included within the mandatory coverage of this title:

(1) Any person employed as a domestic servant in a private home by an employer who has less than two employees regularly employed forty or more hours a week in such employment.

(2) Any person employed to do gardening, maintenance, or repair, in or about the private home of the employer. For the purposes of this subsection, "maintenance" means the work of keeping in proper condition, "repair" means to restore to sound condition after damage, and "private home" means a person's place of residence.

(3) A person whose employment is not in the course of the trade, business, or profession of his or her employer and is not in or about the private home of the employer.

(4) Any person performing services in return for aid or sustenance only, received from any religious or charitable organization.

(5) Sole proprietors or partners.

(6) Any child under eighteen years of age employed by his or her parent or parents in agricultural activities on the family farm.

(7) Jockeys while participating in or preparing horses for race meets licensed by the Washington horse racing commission pursuant to chapter 67.16 RCW.

(8)(a) Except as otherwise provided in (b) of this subsection, any bona fide officer of a corporation voluntarily elected or voluntarily appointed in accordance with the articles of incorporation or bylaws of the corporation, who at all times during the period involved is also a bona fide director, and who is also a shareholder of the corporation. Only such officers who exercise substantial control in the daily management of the corporation and whose primary responsibilities do not include the performance of manual labor are included within this subsection.

(b) Alternatively, a corporation that is not a "public company" as defined in RCW 23B.01.400 may exempt eight or fewer bona fide officers, who are voluntarily elected or voluntarily appointed in accordance with the articles of incorporation or bylaws of the corporation and who exercise substantial control in the daily management of the corporation, from coverage under this title without regard to the officers' performance of manual labor if the exempted officer is a shareholder of the corporation, or may exempt any number of officers if all the exempted officers are related by blood within the third degree or marriage. If a corporation that is not a "public company" elects to be covered under subsection (8)(a) of this section, the corporation's election must be made on a form prescribed by the department and under such reasonable rules as the department may adopt.

(c) Determinations respecting the status of persons performing services for a corporation shall be made, in part, by reference to Title 23B RCW and to compliance by the corporation with its own articles of incorporation and bylaws. For the purpose of determining coverage under this title, substance shall control over form, and mandatory coverage under this title shall extend to all workers of this state, regardless of honorary titles conferred upon those actually serving as workers.

(d) A corporation may elect to cover officers who are exempted by this subsection in the manner provided by RCW 51.12.110.

(9) Services rendered by a musician or entertainer under a contract with a purchaser of the services, for a specific engagement or engagements when such musician or entertainer performs no other duties for the purchaser and is not regularly and continuously employed by the purchaser. A purchaser does not include the leader of a group or recognized entity who employs other than on a casual basis musicians or entertainers.

(10) Services performed by a newspaper vendor, carrier, or delivery person selling or distributing newspapers on the street, to offices, to businesses, or from house to house and any freelance news correspondent or "stringer" who, using his or her own equipment, chooses to submit material for publication for free or a fee when such material is published.

(11) Services performed by an insurance producer, as defined in RCW 48.17.010, or a surplus line broker licensed under chapter 48.15 RCW.

(12) Services performed by a booth renter. However, a person exempted under this subsection may elect coverage under RCW 51.32.030.

(13) Members of a limited liability company, if either:

(a) Management of the company is vested in its members, and the members for whom exemption is sought would qualify for exemption under subsection (5) of this section were the company a sole proprietorship or partnership; or

(b) Management of the company is vested in one or more managers, and the members for whom the exemption is sought are managers who would qualify for exemption under subsection (8) of this section were the company a corporation.

(14) A driver providing commercial transportation services as defined in section 2 of this act. The driver may elect coverage in the manner provided by RCW 51.32.030.

(15) For hire vehicle operators under chapter 46.72 RCW who own or lease the for hire vehicle, chauffeurs under chapter 46.72A RCW who own or lease the limousine, and operators of taxicabs under chapter 81.72 RCW who own or lease the taxicab. An owner or lessee may elect coverage in the manner provided by RCW 51.32.030.

Sec. 5.  RCW 51.12.185 and 2011 c 190 s 4 are each amended to read as follows:

(1) ((In order to assist the department with controlling costs related to the self-monitoring of industrial insurance claims by independent owner-operated for hire vehicle, limousine, and taxicab businesses,)) The department may appoint a panel of individuals with for hire vehicle, limousine, or taxicab transportation industry experience and expertise to advise the department.

(2) The owner or lessee of any for hire, limousine, or taxicab vehicle ((subject to mandatory industrial insurance pursuant to RCW 51.12.183)) is eligible for inclusion in a retrospective rating program authorized and established pursuant to chapter 51.18 RCW.

NEW SECTION.  Sec. 6.  The following acts or parts of acts are each repealed:

(1) RCW 46.72.073 (Certificate suspension or revocation—Failure to pay industrial insurance premiums—Rules—Cooperative agreements) and 2011 c 190 s 5;

(2) RCW 46.72A.053 (Certificate suspension or revocation—Failure to pay industrial insurance premiums—Rules—Cooperative agreements) and 2011 c 190 s 6;

(3) RCW 51.12.180 (For hire vehicle businesses and operators—Findings—Declaration) and 2011 c 190 s 1;

(4) RCW 51.12.183 (For hire vehicle businesses and operators—Mandatory coverage—Definitions) and 2011 c 190 s 2;

(5) RCW 51.16.240 (For hire vehicle businesses and operators—Basis for premiums—Rules) and 2011 c 190 s 3; and

(6) RCW 81.72.230 (License suspension or revocation—Failure to pay industrial insurance premiums—Rules—Cooperative agreements) and 2011 c 190 s 7.

NEW SECTION.  Sec. 7.  Sections 1 through 3 of this act constitute a new chapter in Title 48 RCW."

Correct the title.

 

Signed by Representatives Kirby, Chair; Ryu, Vice Chair; Vick, Ranking Minority Member; Parker, Assistant Ranking Minority Member; Blake; Hurst; Kochmar; McCabe; Santos and Stanford.

 

Passed to Committee on Rules for second reading.

 

March 31, 20150)

SB 5689             Prime Sponsor, Senator Becker: Concerning the scope and costs of the diabetes epidemic in Washington.  Reported by Committee on Health Care & Wellness

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  The health care authority, department of social and health services, and department of health shall continue to collaborate to identify goals and benchmarks while also developing individual agency plans to implement recommendations to reduce the incidence of diabetes in Washington, improve diabetes care, and control complications associated with diabetes, starting with medicaid programs and the healthier Washington plan.

NEW SECTION.  Sec. 2.  Following the report submitted pursuant to section 211(3), chapter 4, Laws of 2013 2nd sp. sess., the health care authority, department of social and health services, and department of health shall collectively submit a report to the governor and the legislature by December 31, 2018, and every fourth year thereafter, on the following:

(1) The financial impact and reach diabetes of all types is having on programs administered by each agency and individuals enrolled in those programs;

(2) An assessment of the benefits of implemented programs and activities aimed at controlling diabetes and preventing the disease;

(3) A description of the level of coordination existing between the agencies on activities, programmatic activities, and messaging on managing, treating, or preventing all forms of diabetes and its complications;

(4) A development or revision of detailed action plans for battling diabetes with a range of actionable items for consideration by the legislature. The plans must identify proposed action steps to reduce the impact of diabetes, prediabetes, and related diabetes complications, especially for medicaid populations; and

(5) An estimate of costs, return on investment, and resources required to implement the plan identified in subsection (4) of this section.

NEW SECTION.  Sec. 3.  Sections 1 and 2 of this act constitute a new chapter in Title 70 RCW."

Correct the title.

 

Signed by Representatives Cody, Chair; Riccelli, Vice Chair; Schmick, Ranking Minority Member; Harris, Assistant Ranking Minority Member; Caldier; Clibborn; DeBolt; Jinkins; Johnson; Moeller; Robinson; Short; Tharinger and Van De Wege.

 

Referred to Committee on Appropriations.

 

March 31, 20150)

SSB 5719           Prime Sponsor, Committee on Higher Education: Creating a task force on campus sexual violence prevention.  Reported by Committee on Higher Education

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  (1) The Washington student achievement council, the state board for community and technical colleges, the council of presidents, the institutions of higher education, the private independent higher education institutions, state law enforcement, and the Washington attorney general's office shall collaborate to carry out the following goals:

(a) Develop a set of best practices that institutions of higher education and private independent higher education institutions may employ to promote the awareness of campus sexual violence, reduce the occurrence of campus sexual violence, and enhance student safety;

(b) Develop recommendations for institutions of higher education and private independent higher education institutions for improving institutional campus sexual violence policies and procedures; and

(c) Develop recommendations for improving collaboration on campus sexual violence issues among institutions of higher education and between institutions of higher education and law enforcement.

(2) The task force on preventing campus sexual violence is established.

(a) The task force includes the following members:

(i) One representative from the student achievement council;

(ii) One representative from the state board for community and technical colleges;

(iii) One representative from the council of presidents;

(iv) One representative from each of the state universities, the regional universities, and the state college, who is the Title IX coordinator or who has expertise with Title IX and sexual violence prevention efforts;

(v) One representative from the Washington association of sheriffs and police chiefs;

(vi) One representative from the independent colleges of Washington;

(vii) One representative from the nonprofit community who is an advocate for sexual assault victims;

(viii) One representative from the Washington state attorney general's office; and

(ix) One representative from the Washington association of prosecuting attorneys.

(b) The task force shall select a coordinator to facilitate its progress.

(c) The purpose of the task force is to coordinate and implement the goals in subsection (1) of this section.

(3) The task force shall report to the legislature and the institutions of higher education on its goals and recommendations annually by December 31st.

(4) For the purposes of this section, "institutions of higher education" has the same meaning as in RCW 28B.10.016.

(5) To select the representative from the nonprofit community, as required by subsection (2)(a)(vii) of this section, the student achievement council shall issue a request for interest to nonprofit communities that are sexual assault victim advocates, asking who wishes to participate on the task force as a volunteer. The names and resumes, including experience participating in similar efforts, of proposed task force members must be submitted to the student achievement council. The student achievement council shall give this information to the task force and the task force chairs must select the representative from this pool of candidates.

(6) This section expires July 1, 2017."

Correct the title.

 

Signed by Representatives Hansen, Chair; Pollet, Vice Chair; Zeiger, Ranking Minority Member; Haler, Assistant Ranking Minority Member; Bergquist; Gregory; Hargrove; Holy; Reykdal; Sells; Stambaugh; Tarleton and Van Werven.

 

Passed to Committee on Rules for second reading.

 

March 31, 20150)

SB 5746             Prime Sponsor, Senator Bailey: Including Everett Community College as an aerospace training or educational program.  Reported by Committee on Higher Education

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Hansen, Chair; Pollet, Vice Chair; Zeiger, Ranking Minority Member; Haler, Assistant Ranking Minority Member; Bergquist; Gregory; Hargrove; Holy; Reykdal; Sells; Stambaugh; Tarleton and Van Werven.

 

Referred to Committee on Appropriations.

 

March 31, 20150)

SB 5783             Prime Sponsor, Senator Rivers: Authorizing peace officers to assist the department of corrections with the supervision of offenders.  Reported by Committee on Public Safety

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  A new section is added to chapter 9.94A RCW to read as follows:

(1) To the extent that funds are specifically appropriated for this purpose, the department must establish a pilot program in a county with four hundred thousand or more residents that borders the Columbia river to increase communication and cooperation among department of corrections' community supervision staff and general authority peace officers in order to promote and increase accountability of supervised offenders and the safety of the public.

(2) The pilot program must provide that a sufficient number of department duty officers be available outside of normal business hours for the purpose of responding to the inquiries of general authority peace officers regarding supervised offenders believed to have violated a condition or requirement of community supervision.

(3) The duty officers referred to in subsection (2) of this section must have the ability to determine whether a person is a supervised offender and the conditions and requirements of the offender's community supervision, and must be able to determine whether a possible violation of community supervision has occurred. If a general authority peace officer believes a violation has occurred, the duty officer must also be able to respond in a timely manner to the location of the inquiring general authority peace officer when the duty officer determines that there is reasonable cause to believe that the offender is in violation of one or more conditions or requirements of supervision and that the violation merits either a warrantless arrest or search of the supervised offender. If requested, the general authority peace officer may assist a duty officer in the arrest or search of the offender.

(4) If a duty officer determines under subsection (3) of this section that it is appropriate to arrest or search an offender for a supervision violation, a general authority peace officer may detain an offender for the length of time necessary to allow the duty officer to timely respond to the location of the peace officer.

(5) Nothing in this section prevents a peace officer from arresting an offender pursuant to a warrant or pursuant to RCW 10.31.100.

(6) The pilot program must be operational by October 1, 2015.

(7) This section expires October 1, 2017."

Correct the title.

 

Signed by Representatives Goodman, Chair; Orwall, Vice Chair; Klippert, Ranking Minority Member; Appleton; Moscoso and Pettigrew.

 

MINORITY recommendation:  Without recommendation.  Signed by Representatives Hayes, Assistant Ranking Minority Member; Griffey and Wilson.

 

Referred to Committee on Appropriations.

 

March 30, 20150)

SJM 8012           Prime Sponsor, Senator Hargrove: Requesting the designation of U.S. Highway 101 to honor recipients of the Medal of Honor.  Reported by Committee on Transportation

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Clibborn, Chair; Farrell, Vice Chair; Fey, Vice Chair; Moscoso, Vice Chair; Orcutt, Ranking Minority Member; Hargrove, Assistant Ranking Minority Member; Bergquist; Gregerson; Harmsworth; Hayes; Kochmar; McBride; Moeller; Morris; Ortiz-Self; Pike; Riccelli; Rodne; Sells; Shea; Takko; Tarleton; Wilson; Young and Zeiger.

 

Passed to Committee on Rules for second reading.

 

SECOND SUPPLEMENTAL REPORTS OF STANDING COMMITTEES

 

March 31, 20150)

HB 1106             Prime Sponsor, Representative Hunter: Making 2015-2017 operating appropriations.  Reported by Committee on Appropriations

 

MAJORITY recommendation:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Carlyle; Cody; Dunshee; Hansen; Hudgins; Hunt, S.; Jinkins; Kagi; Lytton; Pettigrew; Sawyer; Senn; Springer; Sullivan; Tharinger and Walkinshaw.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Chandler, Ranking Minority Member; Parker, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Buys; Condotta; Dent; Fagan; Haler; Hunt, G.; MacEwen; Magendanz; Schmick; Stokesbary; Taylor and Van Werven.

 

Referred to Committee on .

 

March 31, 20150)

HB 1115             Prime Sponsor, Representative Dunshee: Concerning the capital budget.  Reported by Committee on Capital Budget

 

MAJORITY recommendation:  Do pass as amended.

 

FORMATTING CHANGED TO ACCOMMODATE TEXT

 


 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  (1) A capital budget is hereby adopted and, subject to the provisions set forth in this act, the several dollar amounts hereinafter specified, or so much thereof as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be incurred for capital projects during the period beginning with the effective date of this act and ending June 30, 2017, out of the several funds specified in this act.

(2) The definitions in this subsection apply throughout this act unless the context clearly requires otherwise.

(a) "Fiscal year 2016" or "FY 2016" means the period beginning July 1, 2015, and ending June 30, 2016.

(b) "Fiscal year 2017" or "FY 2017" means the period beginning July 1, 2016, and ending June 30, 2017.

(c) "Lapse" or "revert" means the amount shall return to an unappropriated status.

(d) "Provided solely" means the specified amount may be spent only for the specified purpose.

(3) Unless otherwise specifically authorized in this act, any portion of an amount provided solely for a specified purpose that is not expended subject to the specified conditions and limitations to fulfill the specified purpose shall lapse.

(4) The amounts shown under the headings "Prior Biennia," "Future Biennia," and "Total" in this act are for informational purposes only and do not constitute legislative approval of these amounts. "Prior biennia" typically refers to the immediate prior biennium for reappropriations, but may refer to multiple biennia in the case of specific projects. A "future biennia" amount is an estimate of what may be appropriated for the project or program in the 2017-2019 biennium and the following three biennia; an amount of zero does not necessarily constitute legislative intent to not provide funding for the project or program in the future.

(5) "Reappropriations" in this act are appropriations and, unless the context clearly provides otherwise, are subject to the relevant conditions and limitations applicable to appropriations. Reappropriations shall be limited to the unexpended balances remaining on June 30, 2015, from the 2013-2015 biennial appropriations for each project.

PART 1

GENERAL GOVERNMENT

NEW SECTION.  Sec. 1001.  FOR THE SECRETARY OF STATE

Library - Archives Building (30000033)

The appropriation in this section is subject to the following conditions and limitations:

(1) The appropriation is provided solely for a predesign to determine: (a) Necessary program space for the state library currently located in Tumwater, and additional archive space; and (b) capital budget requirements, including the use of fees collected by the secretary of state that will support a certificate of participation for the financing of the construction of the facility, and future operating costs.

(2) The study must consider the use of the general administration building site as a possible location; and any benefits or consequences may be identified at this site or other sites considered.

(3) The office of financial management shall determine the maximum use of the site and consider the consolidation of other state agencies, including separately elected officials.

(4) The building must be a high performance building as described in section 7008 of this act and the construction must be procured using a performance based method including design-build or design-build-operate-maintain.

Appropriation:

State Building Construction Account—State....................... $250,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................... $55,428,000

TOTAL.................................................... $55,678,000

NEW SECTION.  Sec. 1002.  FOR THE SECRETARY OF STATE

Minor Works (91000007)

Appropriation:

State Building Construction Account—State.................... $1,007,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $1,007,000

NEW SECTION.  Sec. 1003.  FOR THE DEPARTMENT OF COMMERCE

Local and Community Projects (20064008)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions in section 131, chapter 488, Laws of 2005.

Reappropriation:

State Building Construction Account—State....................... $434,000

Prior Biennia (Expenditures)........................................... $45,458,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $45,892,000

NEW SECTION.  Sec. 1004.  FOR THE DEPARTMENT OF COMMERCE

Rural Washington Loan Fund (20064010)

Reappropriation:

Rural Washington Loan Account—State.......................... $2,383,000

Prior Biennia (Expenditures)............................................. $1,744,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $4,127,000

NEW SECTION.  Sec. 1005.  FOR THE DEPARTMENT OF COMMERCE

Rural Washington Loan Fund (20074008)

Reappropriation:

Rural Washington Loan Account—State.......................... $1,822,000

Prior Biennia (Expenditures)................................................ $205,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $2,027,000

NEW SECTION.  Sec. 1006.  FOR THE DEPARTMENT OF COMMERCE

Housing Assistance, Weatherization, and Affordable Housing (20074009)

Reappropriation:

State Taxable Building Construction Account—

State........................................................................... $1,405,000

Washington Housing Trust Account—State.......................... $86,000

Subtotal Reappropriation........................... $1,491,000

Prior Biennia (Expenditures)......................................... $198,509,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................. $200,000,000

NEW SECTION.  Sec. 1007.  FOR THE DEPARTMENT OF COMMERCE

Job Development Fund Grants (20074010)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1032, chapter 520, Laws of 2007 and section 1005, chapter 36, Laws of 2010 1st sp. sess.

Reappropriation:

State Building Construction Account—State.................... $3,987,000

Prior Biennia (Expenditures)........................................... $44,943,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $48,930,000

NEW SECTION.  Sec. 1008.  FOR THE DEPARTMENT OF COMMERCE

Local and Community Projects (20084001)

The reappropriation in this section is subject to the following conditions and limitations: Except as directed otherwise prior to the effective date of this section, the department shall not expend the reappropriation 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 reappropriation is released for design costs only.

Reappropriation:

State Building Construction Account—State....................... $113,000

Prior Biennia (Expenditures)......................................... $127,577,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................. $127,690,000

NEW SECTION.  Sec. 1009.  FOR THE DEPARTMENT OF COMMERCE

Community Development Fund (20084850)

Reappropriation:

State Building Construction Account—State.................... $1,213,000

Prior Biennia (Expenditures)........................................... $19,703,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $20,916,000

NEW SECTION.  Sec. 1010.  FOR THE DEPARTMENT OF COMMERCE

Building for the Arts (30000006)

Reappropriation:

State Building Construction Account—State.................... $1,594,000

Prior Biennia (Expenditures)............................................. $8,481,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $10,075,000

NEW SECTION.  Sec. 1011.  FOR THE DEPARTMENT OF COMMERCE

Housing Assistance, Weatherization, and Affordable Housing (30000013)

Reappropriation:

Washington Housing Trust Account—State........................ $276,000

Prior Biennia (Expenditures)......................................... $129,724,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................. $130,000,000

NEW SECTION.  Sec. 1012.  FOR THE DEPARTMENT OF COMMERCE

2010 Local and Community Projects (30000082)

The reappropriation in this section is subject to the following conditions and limitations: The projects must comply with RCW 43.63A.125 and other requirements for community projects administered by the department.

Reappropriation:

State Building Construction Account—State.................... $1,991,000

Prior Biennia (Expenditures)........................................... $11,431,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $13,422,000

NEW SECTION.  Sec. 1013.  FOR THE DEPARTMENT OF COMMERCE

Drinking Water State Revolving Fund Loan Program (30000095)

Reappropriation:

Drinking Water Assistance Account—State..................... $6,451,000

Drinking Water Assistance Repayment Account—State $90,368,000

Subtotal Reappropriation......................... $96,819,000

Prior Biennia (Expenditures)........................................... $10,863,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................. $107,682,000

NEW SECTION.  Sec. 1014.  FOR THE DEPARTMENT OF COMMERCE

Community Economic Revitalization Board (30000097)

Reappropriation:

Public Facility Construction Loan Revolving Account—

State........................................................................... $2,104,000

Prior Biennia (Expenditures)............................................. $2,896,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $5,000,000

NEW SECTION.  Sec. 1015.  FOR THE DEPARTMENT OF COMMERCE

Housing Assistance, Weatherization, Affordable Housing Trust Fund (30000098)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1026, chapter 49, Laws of 2011 1st sp. sess.

Reappropriation:

State Taxable Building Construction Account—State...... $5,506,000

Prior Biennia (Expenditures)........................................... $44,494,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $50,000,000

NEW SECTION.  Sec. 1016.  FOR THE DEPARTMENT OF COMMERCE

Public Works Assistance Account Program (30000103)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1021, chapter 48, Laws of 2011 1st sp. sess.

Reappropriation:

Public Works Assistance Account—State....................... $90,734,000

Prior Biennia (Expenditures)......................................... $233,851,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................. $324,585,000

NEW SECTION.  Sec. 1017.  FOR THE DEPARTMENT OF COMMERCE

Building Communities Fund Grants (30000102)

The reappropriation in this section is subject to the following conditions and limitations:

(1) The reappropriation is subject to the provisions of section 1027, chapter 49, Laws of 2011, 1st sp. sess.

(2) The reappropriation is provided solely for the University District food bank project.

Reappropriation:

State Building Construction Account—State....................... $573,000

Prior Biennia (Expenditures)........................................... $12,830,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $13,403,000

NEW SECTION.  Sec. 1018.  FOR THE DEPARTMENT OF COMMERCE

Local and Community Projects (30000166)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1002, chapter 2, Laws of 2012 2nd sp. sess.

Reappropriation:

State Building Construction Account—State.................... $1,887,000

Prior Biennia (Expenditures)........................................... $14,930,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $16,817,000

NEW SECTION.  Sec. 1019.  FOR THE DEPARTMENT OF COMMERCE

Weatherization (91000247)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1015, chapter 2, Laws of 2012 2nd sp. sess.

Reappropriation:

State Taxable Building Construction Account—State...... $5,313,000

Prior Biennia (Expenditures)........................................... $19,687,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $25,000,000

NEW SECTION.  Sec. 1020.  FOR THE DEPARTMENT OF COMMERCE

Clean Energy Partnership (30000175)

The reappropriation in this section is subject to the following conditions and limitations:

(1) The reappropriation is provided solely for implementation of the recommendations of the clean energy leadership council by providing state matching funds for projects that:

(a) Integrate energy efficiency and renewable energy in buildings;

(b) Integrate renewable energy into the regional electrical grid;

(c) Advance bioenergy in the state.

(2) State funding must not exceed fifty percent of the total program or project funds.

(3) Eligible projects must:

(a) Involve a majority of companies that are located in Washington state;

(b) Represent a substantially new solution that is not widely available today; and

(c) Be designed to generate solutions that are applicable both inside and outside of the state.

Reappropriation:

Public Facility Construction Loan Revolving Account—

State........................................................................... $4,828,000

Prior Biennia (Expenditures)................................................ $672,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $5,500,000

NEW SECTION.  Sec. 1021.  FOR THE DEPARTMENT OF COMMERCE

Financing Energy/Water Efficiency (30000180)

Reappropriation:

Public Works Assistance Account—State......................... $4,886,000

Prior Biennia (Expenditures)................................................ $114,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $5,000,000

NEW SECTION.  Sec. 1022.  FOR THE DEPARTMENT OF COMMERCE

Public Works Assistance Account Program 2013 Loan List (30000184)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1016, chapter 2, Laws of 2012 2nd sp. sess.

Reappropriation:

Public Works Assistance Account—State....................... $82,786,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $82,786,000

NEW SECTION.  Sec. 1023.  FOR THE DEPARTMENT OF COMMERCE

Youth Recreational Facilities Grants (30000185)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1062, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

State Building Construction Account—State.................... $2,568,000

Prior Biennia (Expenditures)............................................. $1,563,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $4,131,000

NEW SECTION.  Sec. 1024.  FOR THE DEPARTMENT OF COMMERCE

Building for the Arts Grants (30000186)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1063, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

State Building Construction Account—State.................... $3,301,000

Prior Biennia (Expenditures)............................................. $6,903,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $10,204,000

NEW SECTION.  Sec. 1025.  FOR THE DEPARTMENT OF COMMERCE

Building Communities Fund Grants (30000188)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1072, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

State Building Construction Account—State.................... $2,692,000

Prior Biennia (Expenditures)............................................. $2,587,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $5,279,000

NEW SECTION.  Sec. 1026.  FOR THE DEPARTMENT OF COMMERCE

Drinking Water State Revolving Fund Loan Program (30000189)

The reappropriations in this section are subject to the following conditions and limitations: For projects involving repair, replacement, or improvement of a clean water infrastructure facility or other public works facility for which an investment grade efficiency audit is obtainable, the public works board must require as a contract condition that the project sponsor undertake an investment grade efficiency audit. The project sponsor may finance the costs of the audit as part of its drinking water state revolving fund program loan.

Reappropriation:

Drinking Water Assistance Account—State..................... $4,400,000

Drinking Water Assistance Repayment Account—

State....................................................................... $200,000,000

Subtotal Reappropriation....................... $204,400,000

Prior Biennia (Expenditures)............................................. $8,800,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................. $213,200,000

NEW SECTION.  Sec. 1027.  FOR THE DEPARTMENT OF COMMERCE

Community Economic Revitalization Board (30000190)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1070, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

Public Facility Construction Loan Revolving Account—

State........................................................................... $5,052,000

Prior Biennia (Expenditures)............................................. $3,948,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $9,000,000

NEW SECTION.  Sec. 1028.  FOR THE DEPARTMENT OF COMMERCE

Weatherization (30000192)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1076, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

State Building Construction Account—State.................... $4,291,000

Prior Biennia (Expenditures)........................................... $15,709,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $20,000,000

NEW SECTION.  Sec. 1029.  FOR THE DEPARTMENT OF COMMERCE

2013-2015 Energy Efficiency Grants (30000193)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1075, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

State Building Construction Account—State.................. $21,714,000

Prior Biennia (Expenditures)............................................. $3,286,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $25,000,000

NEW SECTION.  Sec. 1030.  FOR THE DEPARTMENT OF COMMERCE

Renton Aerospace Training Center Construction (30000724)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3, chapter 1, Laws of 2013 3rd sp. sess.

Reappropriation:

State Building Construction Account—State.................. $10,000,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $10,000,000

NEW SECTION.  Sec. 1031.  FOR THE DEPARTMENT OF COMMERCE

ARRA SEP Revolving Loans (30000725)

Appropriation:

Energy Recovery Act Account—State.............................. $2,500,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................... $10,000,000

TOTAL.................................................... $12,500,000

NEW SECTION.  Sec. 1032.  FOR THE DEPARTMENT OF COMMERCE

Behavioral Health: Evaluation and Treatment Centers Grant Program (91000644)

The appropriation in this section is subject to the following conditions and limitations:

(1) The appropriation in this section is provided solely for the department of commerce, in collaboration with the department of social and health services, to issue at least three grants, one of which will be to the Woodmont recovery center, to hospitals or other entities to establish new community hospital inpatient psychiatric beds, free-standing evaluation and treatment facilities, enhanced services facilities, triage facilities, or crisis stabilization facilities with sixteen or fewer beds for the purpose of providing short-term detention services through the publicly funded mental health system. Funds may be used for construction and equipment costs associated with establishment of the community hospital inpatient psychiatric beds, free-standing evaluation and treatment facilities, enhanced services facilities, triage facilities, or crisis stabilization facilities. These funds may not be used for operating costs associated with the treatment of patients using these services. The department shall establish criteria for the issuance of grants and priority must be given to those proposals to establish new community hospital inpatient psychiatric beds or free-standing evaluation and treatment facilities. The criteria must include:

(a) Evidence that the application was developed in collaboration with one or more regional support networks, as defined in RCW 71.24.025;

(b) Evidence that the applicant has assessed and would meet gaps in geographical access to short-term detention services under chapter 71.05 RCW in their region;

(c) A commitment by applicants to serve persons who are publicly funded and persons detained under the involuntary treatment act at chapter 71.05 RCW;

(d) Evidence of capacity of the applicant to serve individuals with medical and psychiatric comorbidities;

(e) A commitment by the applicant to maintain the beds or facility for at least a ten-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; and

(h) 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.

(2) To accommodate the emergent need for inpatient psychiatric services, the department of health and the department of commerce, in collaboration with the department of social and health services shall establish a concurrent and expedited process for the purpose of grant applicants meeting any applicable regulatory requirements necessary to operate inpatient psychiatric beds, free-standing evaluation and treatment facilities, enhanced services facilities, triage facilities, or crisis stabilization facilities.

(3) $3,000,000 is provided for the Swedish Ballard psychiatric unit.

Appropriation:

State Building Construction Account—State.................... $9,000,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $9,000,000

NEW SECTION.  Sec. 1033.  FOR THE DEPARTMENT OF COMMERCE

Clean Energy and Energy Freedom Program (30000726)

The appropriations in this section are subject to the following conditions and limitations:

(1) The appropriations 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 otherwise increase energy independence for the state. All expenditures must be used for projects that develop and acquire assets that have a useful life of at least thirteen years. These requirements must be specified in funding agreements issued by the department.

(2)(a) $10,000,000 of the state taxable building construction account is provided solely to create a revolving loan fund to support the widespread use of proven energy efficiency and renewable energy technologies now inhibited by lack of access to capital.

(b) The department shall provide grant funds to one or more competitively selected nonprofit lenders that will provide matching private capital and will administer the loan fund. The department must 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.

(d) Loan applications must disclose all sources of public funds invested in the project. The nonprofit lender must make loans available to the following types of projects that include, but are not limited to: Residential, commercial, industrial, and agricultural energy retrofits, residential and community-scale solar installations, anaerobic digesters to treat dairy and organic waste, and combined heat and power projects using woody biomass as a fuel source.

(e) State funds may not exceed fifty percent of the estimated cost of a project, and funding preference must be provided to projects that offer a higher percentage of nonstate match funds.

(f) The department must conduct due diligence activities associated with the use of public funds, including oversight of the project selection process and project monitoring.

(3) $6,600,000 of the state taxable building construction account is provided solely for credit enhancements of advanced solar and renewable energy manufacturing within Washington state. The department shall develop an application process to competitively select projects.

(4)(a) $13,000,000 of the state building construction account is provided solely for grants to advance clean and renewable energy technologies and advance transmission and distribution control system improvements for increased reliability, resiliency, and enabling integration of distributed and renewable resources and technology by public and private electrical utilities that serve retail customers in the state. Eligible utilities may partner with other public and private sector research organizations and businesses in applying for funding.

(b) 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, allow smaller utilities or consortia of small utilities to apply for funding.

(c) The department shall convene an advisory panel of electric utility representatives to identify program objectives, near term priorities and long term goals.

(d) Applications for grants must disclose all sources of public funds invested in a project.

(e) Grant funds must be used for research, development, or demonstration projects that integrate intermittent renewables through energy storage, information technology or other smart grid technologies, dispatch energy storage resources from utility control rooms, use demand response, transactive control, or the thermal properties and electric load of commercial buildings and district energy systems to store energy, reduce transmission congestion or otherwise improve system reliability and resiliency and enable integration of distributed and renewable energy sources.

(5)(a) $10,000,000 of the state building construction account is provided solely for grants to match federal funds or other nonstate funding sources used to research, develop, and demonstrate clean energy technologies.

(b) The department shall consult with the University of Washington, Washington State University, the Pacific Northwest national laboratory and other clean energy organizations to design the program. The program shall offer matching funds for clean energy projects including, but not limited to: Advancing energy storage and solar technologies, advancing bioenergy, developing new lightweight materials, and advancing renewable energy and energy efficiency technologies.

(6) $400,000 of the state building construction account—state is provided solely for capital funding of wood energy conversion projects at public facilities.

(7) The department must report on number and results of projects that receive grants or loans through the clean energy fund, including the number of job hours created and the number of jobs maintained and created, to the governor and the legislature, by November 1, 2016.

Appropriation:

State Taxable Building Construction Account—State.... $17,000,000

State Building Construction Account—State.................. $23,400,000

Subtotal Appropriation............................ $40,400,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)................................... $240,000,000

TOTAL.................................................. $280,400,000

NEW SECTION.  Sec. 1034.  FOR THE DEPARTMENT OF COMMERCE

Substance Abuse and Mental Health Facilities (91000646)

Appropriation:

State Building Construction Account—State.................... $2,000,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $2,000,000

NEW SECTION.  Sec. 1035.  FOR THE DEPARTMENT OF COMMERCE

Public Works Assistance Account Program 2016 Loan List (30000727)

The appropriation in this section is subject to the following conditions and limitations: $69,733,000 is provided solely for the ranked list of projects in LEAP capital document number 2015-1, developed March 27, 2015.

Appropriation:

Public Works Assistance Account—State....................... $69,733,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)................................... $280,000,000

TOTAL.................................................. $349,733,000

NEW SECTION.  Sec. 1036.  FOR THE DEPARTMENT OF COMMERCE

Building for the Arts Program (30000731)

The appropriation in this section is subject to the following conditions and limitations:

(1) The appropriation is subject to the provisions of RCW 43.63A.750.

(2) Except as directed otherwise prior to the effective date of this section, 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 released for design costs only.

(3) The appropriation is provided solely for the following list of projects:

Spokane children's theatre.............................................................. $18,000

KEXP's new home at Seattle center.......................................... $1,866,000

Admiral theatre renovation 2.0..................................................... $100,000

Kirkland arts center - capital improvements project...................... $48,000

Uniontown creativity center addition and site

improvements....................................................................... $123,000

San Juan islands museum of art.................................................... $650,000

KidsQuest children's museum - good to grow capital

campaign............................................................................ $2,000,000

Cornish playhouse........................................................................ $232,000

ACT theatre eagles auditorium restoration and renovation.......... $303,000

Music works northwest park 118 building renovation................... $64,000

New hands on children's museum................................................ $393,000

TOTAL...................................................................................... $5,797,000

Appropriation:

State Building Construction Account—State.................... $5,797,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................... $21,600,000

TOTAL.................................................... $27,397,000

NEW SECTION.  Sec. 1037.  FOR THE DEPARTMENT OF COMMERCE

Youth Recreational Facilities Program (30000792)

The appropriation in this section is subject to the following conditions and limitations:

(1) The appropriation is subject to the provisions of RCW 43.63A.135.

(2) Except as directed otherwise prior to the effective date of this section, 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 released for design costs only.

(3) The appropriation is provided solely for the following list of projects:

Youth activity wing at the Tom Taylor family YMCA................ $515,000

BGCB main club project........................................................... $1,200,000

BGCB hidden valley fieldhouse project.................................... $1,200,000

Sultan boys & girls club............................................................... $340,000

Stanwood-Camano family YMCA............................................ $1,200,000

YMCA camp Terry environmental recreation center................... $500,000

Mukilteo boys & girls club........................................................ $1,200,000

Lummi youth wellness center renovation project..................... $1,200,000

TOTAL...................................................................................... $7,355,000

Appropriation:

State Building Construction Account—State.................... $7,355,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................... $32,000,000

TOTAL.................................................... $39,355,000

NEW SECTION.  Sec. 1038.  FOR THE DEPARTMENT OF COMMERCE

Building Communities Fund Program (30000803)

The appropriation in this section is subject to the following conditions and limitations:

(1) The appropriation is subject to the provisions of RCW 43.63A.125.

(2) Except as directed otherwise prior to the effective date of this section, 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 released for design costs only.

(3) The appropriation is provided solely for the following list of projects:

Rainier Beach urban farm and wetlands....................................... $307,000

Whatcom county emergency food hub......................................... $575,000

Hopelink Redmond integrated services center.......................... $2,400,000

Riverside drive building purchase................................................ $138,000

Centerforce..................................................................................... $98,000

Eritrean association community kitchen........................................ $58,000

Tonasket food bank building acquisition....................................... $22,000

Building for the future.................................................................. $300,000

Entiat Valley community services resource center...................... $100,000

Pike market neighborhood center................................................. $500,000

Opportunity council renovation project........................................ $170,000

FareStart facility expansion to the Pacific tower.......................... $438,000

Walla Walla community teen center............................................ $475,000

El Centro de la Raza community access & parking

improvements....................................................................... $600,000

Good ground capital campaign..................................................... $300,000

Renewed hope capital campaign.................................................... $66,000

International community health services (ICHS)...................... $3,500,000

Casa latina: A home for opportunity............................................ $150,000

Centerstone building renovation................................................ $1,500,000

PSRS office building conversion.................................................. $212,000

Prairie oaks................................................................................... $200,000

Leschi center renovation............................................................ $1,000,000

Everett family YMCA............................................................... $2,000,000

Behavioral healthcare center for children, youth and

families.............................................................................. $2,000,000

Phoenix rising............................................................................... $250,000

Gordon family YMCA (Sumner, WA)...................................... $2,000,000

Community grief support and recovery center.......................... $1,000,000

Auburn youth resources campus expansion................................. $500,000

TOTAL.................................................................................... $20,859,000

Appropriation:

State Building Construction Account—State.................. $20,859,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)................................... $120,000,000

TOTAL.................................................. $140,859,000

NEW SECTION.  Sec. 1039.  FOR THE DEPARTMENT OF COMMERCE

Housing Trust Fund Appropriation (30000833)

The appropriation in this section is subject to the following conditions and limitations:

(1) The appropriation in this section is provided solely for the department to award loans and grants on a competitive basis to affordable housing projects statewide that will produce, at a minimum, a total of 1,900 homes and 500 seasonal beds, in the following categories and amounts:

(a) For people with chronic mental illness, 281 homes;

(b) For homeless families with children, 529 homes;

(c) For people with disabilities, developmental disabilities, veterans, and others, 500 homes; of that number, a minimum of 100 must be for veterans;

(d) For homeless youth, 200 homes;

(e) For farmworkers, 190 homes and 500 seasonal beds;

(f) For seniors, 200 homes.

(2) If upon review of completed applications, the department determines there are not adequate suitable projects in a category, the department may allocate funds 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.

Appropriation:

State Taxable Building Construction Account—State.... $80,000,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)................................... $220,000,000

TOTAL.................................................. $300,000,000

NEW SECTION.  Sec. 1040.  FOR THE DEPARTMENT OF COMMERCE

2015-2017 Community Economic Revitalization Board Program (30000834)

The appropriation in this section is subject to the following conditions and limitations: If House Bill No. 1856 or other legislation that provides an exception for counties with the state's highest unemployment rates to the community economic revitalization board program's median hourly wage requirement is not enacted by June 30, 2015, the appropriation from the state taxable building construction account—state in this section shall lapse.

Appropriation:

State Taxable Building Construction Account—State...... $2,000,000

Public Facility Construction Loan Revolving Account—

State........................................................................... $8,100,000

Subtotal Appropriation............................ $10,100,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................... $28,000,000

TOTAL.................................................... $38,100,000

NEW SECTION.  Sec. 1041.  FOR THE DEPARTMENT OF COMMERCE

Energy Efficiency and Solar Grants (30000835)

The appropriation in this section is subject to the following conditions and limitations:

(1)(a) $5,630,000 for fiscal year 2016 and $5,630,000 for fiscal year 2017 is provided solely for grants to be awarded in competitive rounds to local agencies, public higher education institutions, and state agencies for operational cost savings improvements to facilities and related projects that result in energy and operational cost savings.

(b) At least ten percent of each competitive grant round must be awarded to small cities or towns with a population of five thousand or fewer residents.

(c) In each competitive round, the higher the leverage ratio of nonstate funding sources to state grant and the higher the energy savings, the higher the project ranking.

(2) $3,750,000 is provided solely for grants to be awarded in competitive rounds to local agencies, public higher education institutions, and state agencies for projects that involve the purchase and installation of solar energy systems, including solar modules and inverters, with a preference for Washington-manufactured products.

(3) $1,650,000 is provided solely for energy efficiency improvements to minor works and stand-alone projects at state-owned facilities that repair or replace existing building systems 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 cost to improve the project's energy efficiency compared to the original project request will be added to the project appropriation after construction bids are received. The department of commerce shall coordinate with the office of financial management to develop a process for project submittal, review, approval criteria, tracking project budget adjustments, and performance measures.

(4) $225,000 is provided solely for resource conservation managers in the department of enterprise services to coordinate with state agencies to assess and adjust existing building systems and operations to optimize the efficiency in use of energy and other resources in state-owned facilities. The department of commerce will oversee an interagency agreement with the department of enterprise services to fund the resource conservation managers.

Appropriation:

State Building Construction Account—State.................. $30,000,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)................................... $120,000,000

TOTAL.................................................. $150,000,000

NEW SECTION.  Sec. 1042.  FOR THE DEPARTMENT OF COMMERCE

Ultra-Efficient Affordable Housing Demonstration (30000836)

The appropriation in this section is subject to the following conditions and limitations:

(1) The appropriation in this section is provided solely for loans or grants to low-income housing developers to design and construct ultra-high energy efficient housing projects including single and multifamily units;

(2) By December 1, 2015, in consultation with professional building, energy efficiency and housing finance organizations, the office of financial management and appropriate legislative staff, the department shall develop a process that is designed to solicit, evaluate and fund ultra-high energy efficient housing projects as part of the housing trust fund competitive program.

(3) To receive funding, a project must demonstrate energy-saving and renewable energy systems designed to reach net-zero energy use after housing is fully occupied and must provide a life-cycle cost analysis report to the department; and

(4) The department must consider, at a minimum and in any order, the following factors in assigning a numerical ranking to a project:

(a) Whether the proposed design has demonstrated that the project will achieve net-zero energy use when fully occupied;

(b) The life cycle cost of the project;

(c) That the project demonstrates a design, use of materials, and construction process that can be replicated by the Washington building industry;

(d) The extent to which the project leverages nonstate funds;

(e) The extent to which the project is ready to proceed to construction;

(f) Whether the project promotes sustainable use of resources and environmental quality;

(g) Whether the project is being well-managed to fund maintenance and capital depreciation;

(h) Reduction of housing and utilities carbon footprint; and

(i) Other criteria that the department considers necessary to achieve the purpose of this program.

Appropriation:

State Taxable Building Construction Account—State...... $5,000,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $5,000,000

NEW SECTION.  Sec. 1043.  FOR THE DEPARTMENT OF COMMERCE

Housing Trust Fund Portfolio Preservation Program (30000837)

Appropriation:

Washington Housing Trust Account—State..................... $5,000,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................... $20,000,000

TOTAL.................................................... $25,000,000

NEW SECTION.  Sec. 1044.  FOR THE DEPARTMENT OF COMMERCE

Weatherization Matchmaker Program (30000838)

Appropriation:

State Building Construction Account—State.................. $20,000,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................... $60,000,000

TOTAL.................................................... $80,000,000

NEW SECTION.  Sec. 1045.  FOR THE DEPARTMENT OF COMMERCE

2015-2017 Drinking Water State Revolving Fund Loan Program (30000840)

The appropriations in this section are subject to the following conditions and limitations:

(1) $4,400,000 of the drinking water assistance account for fiscal year 2016 and $4,400,000 of the drinking water assistance account for fiscal year 2017 is provided as state match for federal safe drinking water funds.

(2) For projects involving repair, replacement, or improvement of a clean water infrastructure facility or other public works facility for which an investment grade efficiency audit is obtainable, the public works board must require as a contract condition that the project sponsor undertake an investment grade efficiency audit. The project sponsor may finance the costs of the audit as part of its drinking water state revolving fund program loan.

(3) The agency must encourage local government use of federally-funded drinking water infrastructure programs operated by the United States department of agriculture - rural development.

Appropriation:

Drinking Water Assistance Account—State................. $120,000,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)................................... $480,000,000

TOTAL.................................................. $600,000,000

NEW SECTION.  Sec. 1046.  FOR THE DEPARTMENT OF COMMERCE

Community Energy Efficiency Program (30000845)

Appropriation:

State Building Construction Account—State.................. $10,000,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................... $40,000,000

TOTAL.................................................... $50,000,000

NEW SECTION.  Sec. 1047.  FOR THE DEPARTMENT OF COMMERCE

2016 Local and Community Projects (30000846)

The appropriation in this section is subject to the following conditions and limitations:

(1) Except as directed otherwise prior to the effective date of this section, 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 released for design costs only.

(2) Prior to receiving funds, project recipients must demonstrate that the project site is under control for a minimum of ten years, either through ownership or a long-term lease. This requirement does not apply to appropriations for preconstruction activities or appropriations whose 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 shall not be advanced under any circumstances.

(5) Projects funded in this section must be held by the recipient for a minimum of ten years and used for the same purpose or purposes intended by the legislature as required in RCW 43.63A.125(6).

(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) $1,500,000 of the appropriation in this section is provided solely for the Fairchild air force base protection and community empowerment project. Of that amount, $200,000 is provided for the purchase of twenty acres of land for development of affordable housing. The remaining $1,300,000 is provided for the county's purchase of mobile home parks in order to reduce the use of the accident potential zone for residential purposes. If the county subsequently rezones, develops, and leases the mobile home park property for commercial or industrial uses, the county must repay to the state the $1,300,000 appropriation in its entirety within ten years.

(8) The appropriation is provided solely for the following list of projects:

AHCC reclaimed water project.................................................... $709,000

Appleway trail........................................................................... $1,000,000

Basin 3 sewer rehabilitation center............................................ $1,000,000

Bellevue downtown park inspiration playground and sensory

garden................................................................................... $500,000

Bender fields parking lot and restrooms.................................... $1,000,000

Blackhills community soccer complex safety projects................ $750,000

Bremerton children's dental clinic................................................ $396,000

Brewster reservoir replacement project..................................... $1,000,000

Brookville gardens community park improvements................. $1,200,000

Camas-Washougal Babe Ruth youth baseball improve Louis

Bloch park.............................................................................. $10,000

Cancer immunotherapy facility-Seattle children's research

institute.............................................................................. $5,000,000

Caribou trail apartments............................................................... $100,000

Carnegie improvements for the rapid recidivism reduction

program.............................................................................. $1,000,000

Cascade mental health care evaluation and treatment

unit..................................................................................... $2,992,000

Cavalero park - Region park facility/skateboard park.................. $500,000

CDM caregiving services: Clark county aging care resource

center.................................................................................... $900,000

Centerville school heating upgrades............................................... $46,000

Chambers creek regional park pier extension and moorage...... $2,500,000

City of Lynden-riverview road construction................................ $850,000

City of Lynden-safe routes to school and Kaemingk

trail gap elimination.............................................................. $300,000

City of Mt. Vernon downtown flood protect project &

riverfront trail.................................................................... $1,500,000

City of Pateros water system..................................................... $1,500,000

City of Stanwood police station/city hall relocation.................... $300,000

Confluence area parks upgrade and restoration......................... $1,000,000

Covington community park....................................................... $2,000,000

Critical roof repair - Edmonds center for the arts

(ECA) gym........................................................................... $250,000

Cross park, Pierce county............................................................. $500,000

Dawson place child advocacy center building completion

project................................................................................... $161,000

DeKalb street pier......................................................................... $500,000

DNR/City of Castle Rock exchange............................................... $80,000

Drug abuse prevention center......................................................... $96,000

DuPont historical museum renovation........................................... $46,000

East Tacoma Community Center............................................... $1,000,000

Emergency generator for kidney resource center......................... $226,000

Enumclaw expo center................................................................. $350,000

Fairchild air force base protection & community

empowerment project........................................................ $1,500,000

Federal Way performing arts and conference center................. $2,000,000

Franklin Pierce early learning center......................................... $2,000,000

Gateway center project................................................................. $900,000

Gratzer park ball fields................................................................. $200,000

Grays Harbor navigation improvement project......................... $2,000,000

Green river gorge open space buffer, Kummer connection......... $750,000

Guy Cole center revitalization...................................................... $450,000

Haggis museum & colonary institute........................................ $1,000,000

Historic renovation of stucco and roofs........................................ $300,000

Hopelink at ronald commons........................................................ $750,000

Institute of blue tarp research.................................................... $1,968,000

Irvine slough stormwater separation............................................ $500,000

Kahlotus highway sewer force main......................................... $2,750,000

Key Pen civics center..................................................................... $50,000

KiBe high school parking............................................................. $125,000

Kitsap humane society - shelter renovation.................................... $90,000

Lacey boys & girls club.................................................................. $29,000

Life support............................................................................... $1,250,000

Main street revitalization project............................................... $1,000,000

Martin Luther King Jr. family outreach center expansion

project..................................................................................... $85,000

Mercer arena energy savings & sustainability funding................ $450,000

Meridian center for health......................................................... $2,250,000

Minor road water reservoir replacement................................... $1,500,000

Mt. Spokane guest services building &

preservation/maintenance of existing facilities.................... $520,000

Nonshellfish natural resource investments................................ $1,000,000

North Kitsap fishline food bank................................................... $750,000

Onalaska community tennis and sports courts............................... $80,000

Opera house ADA access............................................................. $356,000

PCAF's building for the future..................................................... $350,000

Pe Ell second street....................................................................... $197,000

Phinney neighborhood association accessibility project.............. $750,000

Pike place market front project..................................................... $800,000

Police station security/hardening.................................................... $38,000

Port of Centralia-Centralia station................................................ $500,000

PROVAIL TBI residential facility............................................... $450,000

Renovate senior center................................................................. $400,000

Rochester boys & girls club........................................................... $38,000

Rockford treatment facility improvements project....................... $600,000

Roslyn renaissance-NW improve company building renovation

project................................................................................... $500,000

S 228th street interurban trail connector...................................... $500,000

Sammamish rowing association boathouse.................................. $500,000

SE 240th St. watermain system improvement project.................. $700,000

Seattle theatre group..................................................................... $131,000

Sentinel way restoration............................................................... $450,000

Snohomish veterans memorial rebuild........................................... $10,000

South sound shoreline and heritage protection............................. $900,000

Splash pad/foundation: Centralia outdoor pool restoration

project................................................................................... $200,000

Springbrook park neighborhood connection project.................... $300,000

SR 532 flood berm and bike/pedestrian path................................. $85,000

St. Vincent food bank & community services construction

project................................................................................... $400,000

Sunset neighborhood park......................................................... $2,000,000

The gathering house job training café............................................ $14,000

The salvation army Clark county: Corps community center..... $1,200,000

Tulalip water pipeline................................................................ $3,000,000

Twin bridges historical museum facility rehabilitation.................. $62,000

Twisp civic building..................................................................... $500,000

Veterans center............................................................................. $600,000

Washington green schools............................................................ $105,000

Washougal senior/community center roof/HVAC replace &

kitchen improvements.......................................................... $300,000

Water meter and system improvement program.......................... $500,000

White river restoration project...................................................... $850,000

Willapa behavioral health safety improvement project.................. $75,000

Yakima children's museum center.................................................. $50,000

Yelm community center............................................................... $500,000

Yelm senior center.......................................................................... $80,000

TOTAL.................................................................................... $76,500,000

Appropriation:

State Building Construction Account—State.................. $76,500,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $76,500,000

NEW SECTION.  Sec. 1048.  FOR THE DEPARTMENT OF COMMERCE

Energy Efficiency Grants for Local Governments (91000241)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 301, chapter 1, Laws of 2012 2nd sp. sess.

Reappropriation:

State Building Construction Account—State.................... $1,732,000

Prior Biennia (Expenditures)........................................... $16,268,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $18,000,000

NEW SECTION.  Sec. 1049.  FOR THE DEPARTMENT OF COMMERCE

Energy Efficiency Grants for Higher Education (91000242)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 307, chapter 1, Laws of 2012 2nd sp. sess.

Reappropriation:

State Building Construction Account—State.................... $5,077,000

Prior Biennia (Expenditures)........................................... $14,923,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $20,000,000

NEW SECTION.  Sec. 1050.  FOR THE DEPARTMENT OF COMMERCE

Public Works Pre-Construction Loan Program (91000319)

Reappropriation:

Public Works Assistance Account—State............................ $767,000

Prior Biennia (Expenditures)............................................. $2,233,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $3,000,000

NEW SECTION.  Sec. 1051.  FOR THE DEPARTMENT OF COMMERCE

Housing for Families with Children (91000409)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 310, chapter 1, Laws of 2012 2nd sp. sess.

Reappropriation:

State Taxable Building Construction Account—State...... $2,472,000

Prior Biennia (Expenditures)............................................. $5,778,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $8,250,000

NEW SECTION.  Sec. 1052.  FOR THE DEPARTMENT OF COMMERCE

Housing for Seniors and People with Physical Disabilities (91000411)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 311, chapter 1, Laws of 2012 2nd sp. sess.

Reappropriation:

State Taxable Building Construction Account—State...... $4,350,000

Prior Biennia (Expenditures)............................................. $5,316,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $9,666,000

NEW SECTION.  Sec. 1053.  FOR THE DEPARTMENT OF COMMERCE

Housing for People with Chronic Mental Illness (91000412)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1010, chapter 2, Laws of 2012 2nd sp. sess.

Reappropriation:

State Taxable Building Construction Account—State......... $190,000

Prior Biennia (Expenditures)................................................ $935,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $1,125,000

NEW SECTION.  Sec. 1054.  FOR THE DEPARTMENT OF COMMERCE

Housing for the Homeless (91000413)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1011, chapter 2, Laws of 2012 2nd sp. sess.

Reappropriation:

State Taxable Building Construction Account—State...... $5,996,000

Prior Biennia (Expenditures)........................................... $22,948,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $28,944,000

NEW SECTION.  Sec. 1055.  FOR THE DEPARTMENT OF COMMERCE

Housing for Farmworkers (91000414)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1012, chapter 2, Laws of 2012 2nd sp. sess.

Reappropriation:

State Taxable Building Construction Account—State...... $5,160,000

Prior Biennia (Expenditures)............................................. $1,055,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $6,215,000

NEW SECTION.  Sec. 1056.  FOR THE DEPARTMENT OF COMMERCE

Housing for People At Risk of Homelessness (91000415)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 312, chapter 1, Laws of 2012 2nd sp. sess.

Reappropriation:

State Taxable Building Construction Account—State......... $959,000

Prior Biennia (Expenditures)............................................. $1,541,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $2,500,000

NEW SECTION.  Sec. 1057.  FOR THE DEPARTMENT OF COMMERCE

Housing for Low-Income Households (91000416)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1013, chapter 2, Laws of 2012 2nd sp. sess.

Reappropriation:

State Taxable Building Construction Account—State...... $2,689,000

Prior Biennia (Expenditures)................................................ $293,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $2,982,000

NEW SECTION.  Sec. 1058.  FOR THE DEPARTMENT OF COMMERCE

2012 Local and Community Projects (91000417)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 302, chapter 1, Laws of 2012 2nd sp. sess.

Reappropriation:

State Building Construction Account—State.................... $1,889,000

Prior Biennia (Expenditures)............................................. $7,734,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $9,623,000

NEW SECTION.  Sec. 1059.  FOR THE DEPARTMENT OF COMMERCE

Local and Community Projects 2012 (91000437)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1003, chapter 2, Laws of 2012 2nd sp. sess.

Reappropriation:

State Taxable Building Construction Account—State...... $1,800,000

Prior Biennia (Expenditures)............................................. $1,035,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $2,835,000

NEW SECTION.  Sec. 1060.  FOR THE DEPARTMENT OF COMMERCE

Pacific Medical Center (91000445)

The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for window repair, replacement, and weatherization, or for tenant improvements at Pacific tower made or provided on behalf of Seattle College district.

Reappropriation:

State Taxable Building Construction Account—State...... $2,405,000

State Building Construction Account—State.................... $9,818,000

Subtotal Reappropriation......................... $12,223,000

Appropriation:

State Building Construction Account—State.................... $6,000,000

Prior Biennia (Expenditures)............................................. $7,777,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $26,000,000

NEW SECTION.  Sec. 1061.  FOR THE DEPARTMENT OF COMMERCE

Sand Point Building 9 (91000446)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1068, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

State Taxable Building Construction Account—State...... $9,802,000

Prior Biennia (Expenditures)............................................. $4,198,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $14,000,000

NEW SECTION.  Sec. 1062.  FOR THE DEPARTMENT OF COMMERCE

Mental Health Beds (91000447)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1071, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

State Building Construction Account—State.................... $3,644,000

Prior Biennia (Expenditures)............................................. $1,356,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $5,000,000

NEW SECTION.  Sec. 1063.  FOR THE DEPARTMENT OF COMMERCE

Housing for Homeless Veterans (91000455)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1065, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

State Taxable Building Construction Account—State...... $9,001,000

Prior Biennia (Expenditures)................................................ $366,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $9,367,000

NEW SECTION.  Sec. 1064.  FOR THE DEPARTMENT OF COMMERCE

Housing for Farmworkers (91000457)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1066, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

State Taxable Building Construction Account—State.... $19,723,000

Prior Biennia (Expenditures)............................................. $7,327,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $27,050,000

NEW SECTION.  Sec. 1065.  FOR THE DEPARTMENT OF COMMERCE

Housing for People with Developmental Disabilities (91000458)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1067, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

State Taxable Building Construction Account—State...... $6,392,000

Prior Biennia (Expenditures)............................................. $2,627,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $9,019,000

NEW SECTION.  Sec. 1066.  FOR THE DEPARTMENT OF COMMERCE

Housing for People with Chronic Mental Illness (91000459)

Reappropriation:

State Taxable Building Construction Account—State...... $5,735,000

Prior Biennia (Expenditures)................................................ $329,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $6,064,000

NEW SECTION.  Sec. 1067.  FOR THE DEPARTMENT OF COMMERCE

Public Works Assistance Account Project Backfill (91000581)

Reappropriation:

State Building Construction Account—State.................... $3,263,000

Prior Biennia (Expenditures)......................................... $154,737,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................. $158,000,000

NEW SECTION.  Sec. 1068.  FOR THE DEPARTMENT OF COMMERCE

Clean Energy and Energy Freedom Program (91000582)

The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 1074, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

Energy Recovery Act Account—State.............................. $4,000,000

State Taxable Building Construction Account—State...... $8,924,000

State Building Construction Account—State.................. $19,069,000

Subtotal Reappropriation......................... $31,993,000

Prior Biennia (Expenditures)............................................. $8,007,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $40,000,000

NEW SECTION.  Sec. 1069.  FOR THE DEPARTMENT OF COMMERCE

Innovation Partnership Zones - Facilities and Infrastructure (92000089)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 309, chapter 1, Laws of 2012 2nd sp. sess.

Reappropriation:

State Building Construction Account—State.................... $3,725,000

Prior Biennia (Expenditures)............................................. $9,795,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $13,520,000

NEW SECTION.  Sec. 1070.  FOR THE DEPARTMENT OF COMMERCE

Community Economic Revitalization Board Administered Economic Development, Innovation, and Export Grants (92000096)

The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 304, chapter 1, Laws of 2012 2nd sp. sess.

Reappropriation:

State Building Construction Account—State.................... $4,267,000

Public Works Assistance Account—State....................... $14,595,000

Subtotal Reappropriation......................... $18,862,000

Prior Biennia (Expenditures)........................................... $13,736,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $32,598,000

NEW SECTION.  Sec. 1071.  FOR THE DEPARTMENT OF COMMERCE

Main Street Improvement Grants (92000098)

The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 305, chapter 1, Laws of 2012 2nd sp. sess.

Reappropriation:

Public Works Assistance Account—State............................ $355,000

State Building Construction Account—State.................... $3,115,000

Subtotal Reappropriation........................... $3,470,000

Prior Biennia (Expenditures)........................................... $11,380,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $14,850,000

NEW SECTION.  Sec. 1072.  FOR THE DEPARTMENT OF COMMERCE

Brownfield Redevelopment Grants (92000100)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation in this section is provided solely for redevelopment of the Bellingham waterfront.

Reappropriation:

Local Toxics Control Account—State.............................. $1,194,000

Prior Biennia (Expenditures)................................................ $306,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $1,500,000

NEW SECTION.  Sec. 1073.  FOR THE DEPARTMENT OF COMMERCE

Port and Export Related Infrastructure (92000102)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 306, chapter 1, Laws of 2012 2nd sp. sess.

Reappropriation:

State Building Construction Account—State.................. $13,603,000

Prior Biennia (Expenditures)........................................... $19,547,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $33,150,000

NEW SECTION.  Sec. 1074.  FOR THE DEPARTMENT OF COMMERCE

Projects for Jobs and Economic Development (92000151)

The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 1077, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

Public Facility Construction Loan Revolving

Account—State.......................................................... $7,100,000

State Building Construction Account—State.................. $22,256,000

Subtotal Reappropriation......................... $29,356,000

Prior Biennia (Expenditures)............................................. $7,753,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $37,109,000

NEW SECTION.  Sec. 1075.  FOR THE DEPARTMENT OF COMMERCE

Projects that Strengthen Youth and Families (92000227)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1079, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

State Building Construction Account—State.................. $12,695,000

Prior Biennia (Expenditures)............................................. $6,982,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $19,677,000

NEW SECTION.  Sec. 1076.  FOR THE DEPARTMENT OF COMMERCE

Projects that Strengthen Communities and Quality of Life (92000230)

The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 1078, chapter 19, Laws of 2013 2nd sp.s. and section 6006 of this act.

Reappropriation:

Environmental Legacy Stewardship Account—State.......... $395,000

State Building Construction Account—State.................. $22,372,000

Subtotal Reappropriation......................... $22,767,000

Prior Biennia (Expenditures)............................................. $9,361,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $32,128,000

NEW SECTION.  Sec. 1077.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

Cowlitz River Dredging (20082856)

Reappropriation:

State Building Construction Account—State....................... $246,000

Prior Biennia (Expenditures)............................................. $1,254,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $1,500,000

NEW SECTION.  Sec. 1078.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

Catastrophic Flood Relief (20084850)

The appropriation in this section is subject to the following conditions and limitations:

(1) Up to $26,800,000 of the appropriation is for advancing the long-term strategy for the Chehalis Basin projects to reduce flood damage and restore aquatic species including a programmatic environmental impact statement, data collection, engineering design of future construction projects, feasibility analysis, and engagement of state agencies, tribes, and other parties.

(2) Up to $23,200,000 of the appropriation is for construction of local priority flood protection and habitat restoration projects.

(3) Up to one percent of the appropriation provided in this section may be used by the recreation and conservation office to administer contracts associated with the subprojects funded through this section. Contract administration includes, but is not limited to: Drafting and amending contracts, reviewing and approving invoices, tracking expenditures, and performing field inspections to assess project status when conducting similar assessments related to other agency contracts in the same geographic area.

Reappropriation:

State Building Construction Account—State.................. $12,484,000

Appropriation:

State Building Construction Account—State.................. $50,000,000

Prior Biennia (Expenditures)........................................... $25,203,000

Future Biennia (Projected Costs)................................... $120,000,000

TOTAL.................................................. $207,687,000

NEW SECTION.  Sec. 1079.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

Office of Financial Management Capital Budget Staff (30000045)

Appropriation:

State Building Construction Account—State.................... $1,000,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)....................................... $4,000,000

TOTAL...................................................... $5,000,000

NEW SECTION.  Sec. 1080.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

Oversight of State Facilities (30000046)

The appropriations in this section are subject to the following conditions and limitations:

(1) The office of financial management, with assistance from the department of enterprise services and other state agencies as needed, shall conduct space studies and make recommendations to the legislature on the state's space standards including alternative workplace strategies. State agencies shall provide space use data in a format prescribed by the office of financial management to support this effort. The office of financial management shall report the results and recommendations to the legislative fiscal committees by July 1, 2016.

(2) The office of financial management, with assistance from the department of enterprise services and other state agencies as needed, shall update the lease space requirements to reflect high performance building standards and any other components that may improve the conditions of leased space.

Appropriation:

State Building Construction Account—State.................... $1,040,000

Thurston County Capital Facilities Account—State......... $1,120,000

Subtotal Appropriation.............................. $2,160,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $2,160,000

NEW SECTION.  Sec. 1081.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

Construction Contingency Pool (90000300)

The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for construction projects that confront emergent and unavoidable costs in excess of the construction contingency included in the project appropriation. For requests occurring during a legislative session, an agency must notify the legislative fiscal committees before requesting contingency funds from the office of financial management. Eligible agencies that may apply to the pool include higher education institutions, the department of corrections, the department of social and health services, the department of enterprise services, the criminal justice training commission, the department of veterans affairs, and the department of fish and wildlife. Eligible construction projects are only projects that had cost reductions as kept on file with the office of financial management. The office of financial management must notify the legislative evaluation and accountability program committee, the house capital budget committee, and senate ways and means committee as projects are approved for funding.

Appropriation:

State Building Construction Account—State.................... $5,000,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $5,000,000

NEW SECTION.  Sec. 1082.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

Emergency Repairs (90000301)

The appropriation in this section is subject to the following conditions and limitations: 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, an emergency declaration signed by the affected agency director must be submitted to the office of financial management and the appropriate legislative fiscal committees. The emergency declaration must include a description of the health and safety hazard, 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. 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. The office of financial management must notify the legislative evaluation and accountability program committee, the house capital budget committee, and senate ways and means committee as emergency projects are approved for funding.

Appropriation:

State Building Construction Account—State.................... $5,000,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $5,000,000

NEW SECTION.  Sec. 1083.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

Emergency Repair Pool for K-12 Public Schools (90000302)

The appropriation in this section is subject to the following conditions and limitations: Emergency repair funding is provided solely to address unexpected and imminent health and safety hazards at K-12 public schools, including skill centers, that will impact the day-to-day operations of the school facility. To be eligible for funds from the emergency repair pool, an emergency declaration must be signed by the school district board of directors and the superintendent of public instruction, and submitted to the office of financial management for consideration. The emergency declaration must include a description of the imminent health and safety hazard, the possible cause, the proposed scope of emergency repair work and related cost estimate, and identification of local funding to be applied to the project. Grants of emergency repair moneys must be conditioned upon the written commitment and plan of the school district board of directors to repay the grant with any insurance payments or other judgments that may be awarded, if applicable. The office of financial management must notify the legislative evaluation and accountability program committee, the house capital budget committee, and the senate ways and means committee as emergency projects are approved for funding.

Appropriation:

Common School Construction Account—State................ $5,000,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $5,000,000

NEW SECTION.  Sec. 1084.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

Chehalis River Basin Flood Relief Projects (91000398)

Reappropriation:

State Building Construction Account—State....................... $206,000

Prior Biennia (Expenditures)............................................. $4,794,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $5,000,000

NEW SECTION.  Sec. 1085.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

Higher Education Preservation Information (91000427)

The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 6007 of this act.

Reappropriation:

University of Washington Building Account—State........... $116,000

Washington State University Building

Account—State............................................................... $85,000

Eastern Washington University Capital Projects

Account—State............................................................... $21,000

Central Washington University Capital Projects

Account—State............................................................... $17,000

The Evergreen State College Capital Projects

Account—State............................................................... $12,000

Western Washington University Capital Projects

Account—State............................................................... $19,000

Subtotal Reappropriation.............................. $270,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL......................................................... $270,000

NEW SECTION.  Sec. 1086.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

Construction Contingency Pool (91000428)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1091, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

State Building Construction Account—State.................... $1,875,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $1,875,000

NEW SECTION.  Sec. 1087.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

Culverts in Three State Agencies (92000004)

Reappropriation:

State Building Construction Account—State.................... $4,516,000

Prior Biennia (Expenditures)............................................. $2,484,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $7,000,000

NEW SECTION.  Sec. 1088.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

East Plaza - Water Infiltration and Elevator Repairs (30000548)

Reappropriation:

State Building Construction Account—State....................... $500,000

Prior Biennia (Expenditures)............................................. $2,603,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $3,103,000

NEW SECTION.  Sec. 1089.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

NRB Garage Fire Suppression System Repairs (30000578)

Reappropriation:

State Building Construction Account—State....................... $500,000

Prior Biennia (Expenditures)............................................. $1,738,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $2,238,000

NEW SECTION.  Sec. 1090.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Minor Works Preservation (30000635)

Reappropriation:

State Building Construction Account—State.................... $1,477,000

Thurston County Capital Facilities Account—State............ $501,000

Subtotal Reappropriation........................... $1,978,000

Prior Biennia (Expenditures)............................................. $2,050,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $4,028,000

NEW SECTION.  Sec. 1091.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Minor Works Preservation (30000722)

The appropriations in this section are subject to the following conditions and limitations: No minor works funds may be allotted until a parking strategy is completed. Up to $300,000 of the appropriation in this section is provided for the department to develop a capitol campus parking strategy. The strategy must include: (1) During the legislative sessions a reduction of agency reserve stalls from twenty-six percent to fifteen percent as recommended by the 2014 state of Washington parking and transportation study; (2) incorporating parking attendants or parking arms to accept payment for campus parking during the legislative sessions; (3) install at least two electronic boards that show the available parking capacity in the east plaza garage. The department shall report to all fiscal committees on its progress by November 1, 2015.

Appropriation:

Thurston County Capital Facilities Account—State............ $850,000

State Building Construction Account—State.................... $9,002,000

State Vehicle Parking Account—State................................. $300,000

Subtotal Appropriation............................ $10,152,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................... $19,000,000

TOTAL.................................................... $29,152,000

NEW SECTION.  Sec. 1092.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Old Capitol - Exterior and Interior Repairs (30000724)

Appropriation:

Thurston County Capital Facilities Account—State......... $1,500,000

State Building Construction Account—State.................... $1,500,000

Subtotal Appropriation.............................. $3,000,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $3,000,000

NEW SECTION.  Sec. 1093.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

West Campus Historic Buildings Exterior Preservation (30000727)

Appropriation:

State Building Construction Account—State.................... $2,000,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $2,000,000

NEW SECTION.  Sec. 1094.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

East Plaza - Structure and Elevator Repairs (30000717)

Appropriation:

State Building Construction Account—State.................... $8,239,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................... $27,442,000

TOTAL.................................................... $35,681,000

NEW SECTION.  Sec. 1095.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Campus Utility Repairs - Sunken Garden to General Administration (30000731)

Appropriation:

State Building Construction Account—State.................... $5,569,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................... $18,661,000

TOTAL.................................................... $24,230,000

NEW SECTION.  Sec. 1096.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Capitol Campus Heating Systems Repairs - Phase 1 (30000730)

The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for the department to competitively contract an energy audit on the capitol campus steam system. The audit must consider converting to centralized hot water boilers and using a heat recovery power system.

Appropriation:

Thurston County Capital Facilities Account—State............ $500,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL......................................................... $500,000

NEW SECTION.  Sec. 1097.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Capitol Campus Critical Network Standardization and Connectivity (30000732)

The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for installing any remaining building meters as needed on the capitol campus, and providing building performance data electronically. Dashboard displays must be installed in the three legislative buildings.

Appropriation:

Thurston County Capital Facilities Account—State............ $250,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL......................................................... $250,000

NEW SECTION.  Sec. 1098.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Campus Physical Security & Safety Improvements (30000728)

Appropriation:

State Building Construction Account—State.................... $4,000,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $4,000,000

NEW SECTION.  Sec. 1099.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Capitol Court Major Exterior and Building Systems Renewal (30000738)

The appropriation in this section is provided solely for development of a plan that identifies the existing building deficiencies and recommended project specific improvements with cost estimates to be completed as funding becomes available. Urgent repairs to this building will be prioritized against the other projects in the department of enterprise services' minor works project list.

Appropriation:

Enterprise Services Account—State..................................... $150,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)....................................... $1,220,000

TOTAL...................................................... $1,370,000

NEW SECTION.  Sec. 1100.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Capitol Lake Long-term Management Planning (30000740)

Appropriation:

Enterprise Services Account—State..................................... $100,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL......................................................... $100,000

NEW SECTION.  Sec. 1101.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Engineering and Architectural Services: Staffing (30000762)

(1) The appropriation in this section is provided solely for architectural and engineering services to manage public works contracting for all state facilities pursuant to RCW 43.19.450. The service charge is increased from 2.15 percent to 2.27 percent of total project costs to reduce the number of projects assigned to each manager. The intended results of the increased fee are improved accountability, reduced project delays, and reduced the number and cost of change orders. At the end of each fiscal year, the department must report to the office of financial management and the fiscal committees of the legislature on performance improvements resulting from the increased management fee, including the following:

(a) The number of projects managed by each manager compared to previous biennia;

(b) Projects that were not completed on schedule and the reasons for delays; and

(c) The number and cost of the change orders and the reason for each change order.

(2) The department shall convene a group of private sector architects and contractors with state agency facilities personnel, at a minimum of twice per year, to share at a minimum, information on high performance methods, ideas, operating and maintenance issues, and cost. The facility personnel must be from the community and technical colleges, the four-year institutions of higher education, and any other state agencies that have recently completed a new building or are currently in the construction phase.

(3) The department, with assistance from the capital projects authority review board, shall provide recommendations to the governor, house capital budget committee, and senate ways and means committee, on ways to improve the project delivery methods. It must include, at a minimum, methods to incorporate more architectural and engineering firms and contractors to be eligible for design build projects, and methods for including high performance criteria with incentives for the architectural and engineering firm and contractor to meet the performance measures in design-bid-build project delivery methods.

Appropriation:

State Building Construction Account—State.................... $9,800,000

Thurston County Capital Facilities Account—State......... $3,000,000

Charitable, Educational, Penal, and Reformatory

Institutions Account—State....................................... $2,000,000

Subtotal Appropriation............................ $14,800,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $14,800,000

NEW SECTION.  Sec. 1102.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

NRB Garage Fire Suppression System & Critical Repairs (30000719)

Appropriation:

State Building Construction Account—State.................... $8,077,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)....................................... $1,516,000

TOTAL...................................................... $9,593,000

NEW SECTION.  Sec. 1103.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Campus Building and Grounds Facilities Replacements (30000759)

Appropriation:

State Building Construction Account—State.................... $2,477,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $2,477,000

NEW SECTION.  Sec. 1104.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Campus Steam System and Chiller Upgrades (91000014)

The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 1106, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

Thurston County Capital Facilities Account—State......... $1,074,000

State Building Construction Account—State.................... $1,802,000

Subtotal Reappropriation........................... $2,876,000

Prior Biennia (Expenditures)............................................. $1,121,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $3,997,000

NEW SECTION.  Sec. 1105.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Capitol Campus Exterior Lighting Upgrades (30000736)

The appropriation in this section is subject to the following conditions and limitations: The department shall pursue energy services contracts as much as is feasible to provide funding.

Appropriation:

Thurston County Capital Facilities Account—State......... $1,000,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $1,000,000

NEW SECTION.  Sec. 1106.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Archives Building and Capitol Court HVAC Upgrades (91000015)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1107, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

State Building Construction Account—State......................... $70,000

Prior Biennia (Expenditures)................................................ $930,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $1,000,000

NEW SECTION.  Sec. 1107.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

State Capitol Master Plan (30000760)

The appropriation in this section is subject to the following conditions and limitations:

(1) The appropriation in this section is provided solely for the department to identify potential development sites, and any infrastructure that may be needed for further development.

(2) The department shall provide a list to all fiscal committees of designated parking areas with: (a) Permanent capitol campus FTEs; (b) temporary capitol campus FTEs; (c) state agency reserve spaces; (d) state agency vehicles; (e) state agency motor pool vehicles; and (f) nonstate agency vehicles. The department shall also provide a prioritized list of parking spaces that ranks campus FTEs as the highest priority. Other parking locations in Thurston county may also be considered.

Appropriation:

Thurston County Capital Facilities Account—State............ $250,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL......................................................... $250,000

NEW SECTION.  Sec. 1108.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Utilities & Transportation Commission Building (91000432)

The appropriations in this section are subject to the following conditions and limitations: The appropriations in this section are provided solely for predesign, which may also serve as bridging documents, design, competition honoraria, project management, and other planning activities including permits. The building must be delivered using design build, as defined by chapter 39.10 RCW with a guarantee for energy, operations, and maintenance performance. The term for performance guarantee must not be less than one year. The state may use state employees for services not related to building performance. Criteria for selecting the design build contractor must include life-cycle costs, energy costs, or energy use index. Contractors, and architectural and engineering firms may be eligible for additional points during the scoring process if they have experience with the state agency, or if they are considered a small business. The building must be built using sustainable building standards as defined in section 7008 of this act. The project will be alternatively financed as authorized in section 7002 of this act.

Appropriation:

Public Service Revolving Account—State........................ $2,000,000

Enterprise Services Account—State.................................. $3,000,000

Subtotal Appropriation.............................. $5,000,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $5,000,000

NEW SECTION.  Sec. 1109.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

1063 Block Replacement (91000016)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1109, chapter 19, Laws of 2013 2nd sp. sess., except that the building will be alternatively financed as authorized by and subject to the conditions of section 7002 of this act.

Reappropriation:

State Building Construction Account—State.................... $9,138,000

Prior Biennia (Expenditures)............................................. $3,862,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $13,000,000

NEW SECTION.  Sec. 1110.  FOR THE MILITARY DEPARTMENT

Pierce County Readiness Center (30000593)

Reappropriation:

Military Department Capital Account—State................... $2,758,000

State Building Construction Account—State.................... $3,269,000

General Fund—Federal................................................... $24,876,000

Subtotal Reappropriation......................... $30,903,000

Prior Biennia (Expenditures)............................................. $2,698,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $33,601,000

NEW SECTION.  Sec. 1111.  FOR THE MILITARY DEPARTMENT

Thurston County Readiness Center (30000594)

The reappropriation and appropriations in this section are subject to the following conditions and limitations: The military department shall transfer title of the Olympia armory to the Thurston county boys and girls club when the Thurston county readiness center is completed.

Reappropriation:

State Building Construction Account—State.................... $2,750,000

Appropriation:

State Building Construction Account—State.................... $7,883,000

General Fund—Federal................................................... $34,207,000

Subtotal Appropriation............................ $42,090,000

Prior Biennia (Expenditures).................................................. $50,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $44,890,000

NEW SECTION.  Sec. 1112.  FOR THE MILITARY DEPARTMENT

Minor Works Preservation - 2013-2015 Biennium (30000602)

Reappropriation:

State Building Construction Account—State....................... $307,000

General Fund—Federal..................................................... $1,082,000

Subtotal Reappropriation........................... $1,389,000

Prior Biennia (Expenditures)............................................. $3,837,000

Future Biennia (Projected Costs)....................................... $2,500,000

TOTAL...................................................... $7,726,000

NEW SECTION.  Sec. 1113.  FOR THE MILITARY DEPARTMENT

Minor Works Program - 2013-2015 Biennium (30000605)

Reappropriation:

General Fund—Federal..................................................... $8,893,000

Prior Biennia (Expenditures)............................................. $4,032,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $12,925,000

NEW SECTION.  Sec. 1114.  FOR THE MILITARY DEPARTMENT

Yakima Training Center Barracks (30000696)

Reappropriation:

General Fund—Federal................................................... $18,000,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $18,000,000

NEW SECTION.  Sec. 1115.  FOR THE MILITARY DEPARTMENT

Minor Works Preservation - 2015-2017 Biennium (30000702)

Appropriation:

State Building Construction Account—State.................... $7,267,000

General Fund—Federal................................................... $10,195,000

Subtotal Appropriation............................ $17,462,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $17,462,000

NEW SECTION.  Sec. 1116.  FOR THE MILITARY DEPARTMENT

Minor Works Program - 2015-2017 Biennium (30000744)

Appropriation:

State Building Construction Account—State.................... $5,163,000

General Fund—Federal................................................... $15,953,000

Subtotal Appropriation............................ $21,116,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $21,116,000

NEW SECTION.  Sec. 1117.  FOR THE MILITARY DEPARTMENT

Montesano Readiness Center Roof Replacement and Tenant Improvements (30000805)

Appropriation:

General Fund—Federal..................................................... $1,500,000

State Building Construction Account—State.................... $3,750,000

Subtotal Appropriation.............................. $5,250,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $5,250,000

NEW SECTION.  Sec. 1118.  FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION

Historic County Courthouse Grants Program (30000010)

Appropriation:

State Building Construction Account—State.................... $1,500,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................... $10,400,000

TOTAL.................................................... $11,900,000

NEW SECTION.  Sec. 1119.  FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION

Historic Courthouse Preservation Grants (92000001)

Reappropriation:

State Building Construction Account—State.................... $1,696,000

Prior Biennia (Expenditures)................................................ $304,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $2,000,000

NEW SECTION.  Sec. 1120.  FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION

Heritage Barn Preservation Program (92000002)

Reappropriation:

State Building Construction Account—State....................... $256,000

Prior Biennia (Expenditures)................................................ $244,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL......................................................... $500,000

PART 2

HUMAN SERVICES

NEW SECTION.  Sec. 2001.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Naselle Youth Camp - Three Cottages: Renovation (20081222)

Reappropriation:

State Building Construction Account—State.................... $1,703,000

Prior Biennia (Expenditures)................................................ $197,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $1,900,000

NEW SECTION.  Sec. 2002.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Western State Hospital New Kitchen and Commissary Building (20081319)

Appropriation:

State Building Construction Account—State.................. $27,600,000

Prior Biennia (Expenditures)................................................ $828,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $28,428,000

NEW SECTION.  Sec. 2003.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Medical Lake Campus - Laundry Building: New Construction (20082371)

Appropriation:

State Building Construction Account—State....................... $150,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................... $10,100,000

TOTAL.................................................... $10,250,000

NEW SECTION.  Sec. 2004.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Minor Works Preservation Projects: Statewide (91000037)

Appropriation:

State Building Construction Account—State.................. $14,100,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $14,100,000

NEW SECTION.  Sec. 2005.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Fircrest School Electrical Service Rehabilitation (30000415)

The appropriation in this section is provided solely for electrical service rehabilitation and improvements on campus. The department of social and health services will also coordinate with the department of health to install a new and separate electrical service for the public health laboratory.

Appropriation:

State Building Construction Account—State.................... $5,200,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $5,200,000

NEW SECTION.  Sec. 2006.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Minor Works Program Projects: Statewide (30001859)

Appropriation:

State Building Construction Account—State....................... $755,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................... $20,000,000

TOTAL.................................................... $20,755,000

NEW SECTION.  Sec. 2007.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Minor Works Preservation Projects: Statewide (30002235)

Reappropriation:

State Building Construction Account—State.................... $4,000,000

Prior Biennia (Expenditures)........................................... $10,155,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $14,155,000

NEW SECTION.  Sec. 2008.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Child Study and Treatment Center - Orcas: Acute Treatment Addition (30002733)

Appropriation:

State Building Construction Account—State.................... $1,100,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $1,100,000

NEW SECTION.  Sec. 2009.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Western State Hospital - South Hall: Building Systems Replacement (30002735)

Appropriation:

Charitable, Educational, Penal, and Reformatory

Institutions Account—State....................................... $4,450,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $4,450,000

NEW SECTION.  Sec. 2010.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Echo Glen - Housing Unit: Acute Mental Health Unit (30002736)

Appropriation:

State Building Construction Account—State.................... $4,950,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $4,950,000

NEW SECTION.  Sec. 2011.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Eastern State Hospital - Westlake: Nurse Call System (30002739)

Appropriation:

State Building Construction Account—State.................... $1,200,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $1,200,000

NEW SECTION.  Sec. 2012.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Yakima Valley School - Main Building: Roofing Replacement (30002742)

Appropriation:

State Building Construction Account—State.................... $1,500,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $1,500,000

NEW SECTION.  Sec. 2013.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Green Hill School: New Acute Mental Health Unit (30002745)

Appropriation:

State Building Construction Account—State.................... $4,950,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $4,950,000

NEW SECTION.  Sec. 2014.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Western State Hospital - Forensic Services: Two Wards Addition (30002765)

Appropriation:

State Building Construction Account—State.................... $1,800,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................... $20,700,000

TOTAL.................................................... $22,500,000

NEW SECTION.  Sec. 2015.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Western State Hospital - East Campus: Psychiatric Intensive Care Unit and Competency Restoration (30002773)

Appropriation:

State Building Construction Account—State.................... $2,200,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $2,200,000

NEW SECTION.  Sec. 2016.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Eastern State Hospital - Water System: Improvements (30003215)

Appropriation:

State Building Construction Account—State.................... $2,115,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $2,115,000

NEW SECTION.  Sec. 2017.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Western State Hospital - South Hall: Wards Preservation and Renewal (30003240)

Appropriation:

State Building Construction Account—State.................... $1,350,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $1,350,000

NEW SECTION.  Sec. 2018.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Special Commitment Center: Kitchen and Dining Room Upgrades (20081506)

Appropriation:

State Building Construction Account—State.................... $3,760,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $3,760,000

NEW SECTION.  Sec. 2019.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Western State Hospital - East Campus: Wards Preservation and Renewal (30003241)

Appropriation:

State Building Construction Account—State.................... $1,600,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $1,600,000

NEW SECTION.  Sec. 2020.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Western State Hospital - East Campus: Building Systems Replacement (30003244)

Appropriation:

State Building Construction Account—State.................... $3,600,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $3,600,000

NEW SECTION.  Sec. 2021.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Eastern State Hospital and Western State Hospital - All Wards: Patient Safety Improvements (91000019)

Reappropriation:

Charitable, Educational, Penal, and Reformatory

Institutions Account—State....................................... $2,000,000

Appropriation:

Charitable, Educational, Penal, and Reformatory

Institutions Account—State....................................... $2,569,000

Prior Biennia (Expenditures)............................................. $2,800,000

Future Biennia (Projected Costs)....................................... $3,180,000

TOTAL.................................................... $10,549,000

NEW SECTION.  Sec. 2022.  FOR THE DEPARTMENT OF HEALTH

Newborn Screening Wing Addition (30000301)

Appropriation:

State Building Construction Account—State.................... $3,049,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $3,049,000

NEW SECTION.  Sec. 2023.  FOR THE DEPARTMENT OF HEALTH

Newborn Screening Lab Conversion (30000302)

Appropriation:

State Building Construction Account—State.................... $1,141,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $1,141,000

NEW SECTION.  Sec. 2024.  FOR THE DEPARTMENT OF HEALTH

Minor Works - Program (30000315)

Appropriation:

State Building Construction Account—State....................... $322,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL......................................................... $322,000

NEW SECTION.  Sec. 2025.  FOR THE DEPARTMENT OF HEALTH

Drinking Water Assistance Program (30000323)

Reappropriation:

Drinking Water Assistance Account—Federal............... $23,225,000

Prior Biennia (Expenditures)............................................. $5,575,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $28,800,000

NEW SECTION.  Sec. 2026.  FOR THE DEPARTMENT OF HEALTH

Minor Works - Facility Preservation (30000328)

Appropriation:

State Building Construction Account—State....................... $277,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL......................................................... $277,000

NEW SECTION.  Sec. 2027.  FOR THE DEPARTMENT OF HEALTH

Drinking Water Preconstruction Loans (30000334)

Appropriation:

Drinking Water Assistance Repayment Account—State.. $6,000,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................... $24,000,000

TOTAL.................................................... $30,000,000

NEW SECTION.  Sec. 2028.  FOR THE DEPARTMENT OF HEALTH

Drinking Water Assistance Program (30000336)

Appropriation:

Drinking Water Assistance Account—Federal............... $32,000,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)................................... $128,000,000

TOTAL.................................................. $160,000,000

NEW SECTION.  Sec. 2029.  FOR THE DEPARTMENT OF HEALTH

Safe Reliable Drinking Water Grants (92000002)

Reappropriation:

State Building Construction Account—State.................... $1,428,000

Prior Biennia (Expenditures)........................................... $10,210,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $11,638,000

NEW SECTION.  Sec. 2030.  FOR THE DEPARTMENT OF VETERANS AFFAIRS

Walla Walla Nursing Facility (20082008)

Reappropriation:

State Building Construction Account—State.................. $14,357,000

General Fund—Federal................................................... $24,000,000

Subtotal Reappropriation......................... $38,357,000

Prior Biennia (Expenditures)............................................. $2,568,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $40,925,000

NEW SECTION.  Sec. 2031.  FOR THE DEPARTMENT OF VETERANS AFFAIRS

Minor Works Facilities Preservation (30000094)

Reappropriation:

State Building Construction Account—State....................... $675,000

Prior Biennia (Expenditures)................................................ $638,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $1,313,000

NEW SECTION.  Sec. 2032.  FOR THE DEPARTMENT OF VETERANS AFFAIRS

Feasibility Study/Predesign for Western State Hospital Skilled Nursing Replacement (30000090)

Appropriation:

Charitable, Educational, Penal, and Reformatory

Institutions Account—State.......................................... $125,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL......................................................... $125,000

NEW SECTION.  Sec. 2033.  FOR THE DEPARTMENT OF VETERANS AFFAIRS

Minor Works Facilities Preservation (30000174)

Appropriation:

State Building Construction Account—State.................... $3,095,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)....................................... $9,690,000

TOTAL.................................................... $12,785,000

NEW SECTION.  Sec. 2034.  FOR THE DEPARTMENT OF VETERANS AFFAIRS

South Central Washington State Veterans Cemetery Feasibility (30000151)

Appropriation:

Charitable, Educational, Penal, and Reformatory

Institutions Account—State.......................................... $100,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL......................................................... $100,000

NEW SECTION.  Sec. 2035.  FOR THE DEPARTMENT OF VETERANS AFFAIRS

Eastern Washington Cemetery Upgrade (30000152)

Appropriation:

State Building Construction Account—State....................... $270,000

General Fund—Federal..................................................... $2,422,000

Subtotal Appropriation.............................. $2,692,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $2,692,000

NEW SECTION.  Sec. 2036.  FOR THE DEPARTMENT OF CORRECTIONS

Monroe Correctional Complex: Close Sewer Lagoon (20082022)

Reappropriation:

State Building Construction Account—State....................... $214,000

Appropriation:

State Building Construction Account—State.................... $8,801,000

Prior Biennia (Expenditures)............................................. $1,177,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $10,192,000

NEW SECTION.  Sec. 2037.  FOR THE DEPARTMENT OF CORRECTIONS

Washington Corrections Center: Transformers and Switches (30000143)

Appropriation:

State Building Construction Account—State....................... $150,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................... $12,699,000

TOTAL.................................................... $12,849,000

NEW SECTION.  Sec. 2038.  FOR THE DEPARTMENT OF CORRECTIONS

Washington Corrections Center: Roof and Equipment Replacement (30000195)

Appropriation:

State Building Construction Account—State.................... $5,658,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $5,658,000

NEW SECTION.  Sec. 2039.  FOR THE DEPARTMENT OF CORRECTIONS

Clallam Bay Corrections Center: MSC and Rec Building Roofs (30000548)

Appropriation:

State Building Construction Account—State.................... $1,808,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $1,808,000

NEW SECTION.  Sec. 2040.  FOR THE DEPARTMENT OF CORRECTIONS

Airway Heights Corrections Center: CI Food Factory Remodel (30000567)

Appropriation:

State Building Construction Account—State.................... $2,163,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $2,163,000

NEW SECTION.  Sec. 2041.  FOR THE DEPARTMENT OF CORRECTIONS

Monroe Correctional Complex: WSR Replace Fire Alarm System (30000724)

Reappropriation:

State Building Construction Account—State.................... $2,001,000

Prior Biennia (Expenditures)................................................ $615,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $2,616,000

NEW SECTION.  Sec. 2042.  FOR THE DEPARTMENT OF CORRECTIONS

Airway Heights Corrections Center: Replace Fire Alarm System (30000725)

Reappropriation:

State Building Construction Account—State.................... $1,950,000

Prior Biennia (Expenditures)............................................. $1,449,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $3,399,000

NEW SECTION.  Sec. 2043.  FOR THE DEPARTMENT OF CORRECTIONS

Airway Heights Corrections Center: Security Electronics Renovations (30000726)

Reappropriation:

State Building Construction Account—State.................... $3,830,000

Prior Biennia (Expenditures)............................................. $1,217,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $5,047,000

NEW SECTION.  Sec. 2044.  FOR THE DEPARTMENT OF CORRECTIONS

Washington Corrections Center for Women: Replace Fire Alarm System (30000727)

Reappropriation:

State Building Construction Account—State....................... $950,000

Prior Biennia (Expenditures)............................................. $1,699,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $2,649,000

NEW SECTION.  Sec. 2045.  FOR THE DEPARTMENT OF CORRECTIONS

Monroe Correctional Complex: TRU Support Building Repair Fire Detection System (30000733)

Reappropriation:

State Building Construction Account—State....................... $250,000

Prior Biennia (Expenditures)................................................ $808,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $1,058,000

NEW SECTION.  Sec. 2046.  FOR THE DEPARTMENT OF CORRECTIONS

Monroe Correctional Complex: TRU Security Video System (30000801)

Reappropriation:

State Building Construction Account—State.................... $2,908,000

Prior Biennia (Expenditures)................................................ $968,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $3,876,000

NEW SECTION.  Sec. 2047.  FOR THE DEPARTMENT OF CORRECTIONS

Washington Corrections Center: Security Video System (30000791)

Reappropriation:

State Building Construction Account—State.................... $4,363,000

Prior Biennia (Expenditures)............................................. $2,609,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $6,972,000

NEW SECTION.  Sec. 2048.  FOR THE DEPARTMENT OF CORRECTIONS

Monroe Correctional Complex: WSR Security Video System (30000795)

Reappropriation:

State Building Construction Account—State.................... $3,843,000

Prior Biennia (Expenditures)............................................. $1,390,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $5,233,000

NEW SECTION.  Sec. 2049.  FOR THE DEPARTMENT OF CORRECTIONS

Minor Works Preservation (30000734)

Reappropriation:

State Building Construction Account—State.................... $1,500,000

Prior Biennia (Expenditures)............................................. $8,600,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $10,100,000

NEW SECTION.  Sec. 2050.  FOR THE DEPARTMENT OF CORRECTIONS

Clallam Bay Corrections Center: Security Video System (30000800)

Appropriation:

State Building Construction Account—State.................... $6,038,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $6,038,000

NEW SECTION.  Sec. 2051.  FOR THE DEPARTMENT OF CORRECTIONS

Washington Corrections Center for Women: Security Video System (30000802)

Reappropriation:

State Building Construction Account—State.................... $2,150,000

Prior Biennia (Expenditures)............................................. $1,271,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $3,421,000

NEW SECTION.  Sec. 2052.  FOR THE DEPARTMENT OF CORRECTIONS

Monroe Correctional Complex: SOU IMU Security Video (30000803)

Reappropriation:

State Building Construction Account—State.................... $1,806,000

Prior Biennia (Expenditures)................................................ $834,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $2,640,000

NEW SECTION.  Sec. 2053.  FOR THE DEPARTMENT OF CORRECTIONS

Washington State Penitentiary: Education Building Roof (30000820)

Appropriation:

State Building Construction Account—State.................... $1,525,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $1,525,000

NEW SECTION.  Sec. 2054.  FOR THE DEPARTMENT OF CORRECTIONS

Monroe Correctional Complex: MSU Bathroom Renovation (30000975)

Appropriation:

State Building Construction Account—State.................... $1,720,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $1,720,000

NEW SECTION.  Sec. 2055.  FOR THE DEPARTMENT OF CORRECTIONS

Statewide: Minor Works - Preservation Projects (30001013)

Appropriation:

State Building Construction Account—State.................. $25,181,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................... $65,095,000

TOTAL.................................................... $90,276,000

NEW SECTION.  Sec. 2056.  FOR THE DEPARTMENT OF CORRECTIONS

Clallam Bay Corrections Center: Access Road Culvert Replacement and Road Resurfacing (30001078)

Appropriation:

State Building Construction Account—State.................... $1,500,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $1,500,000

NEW SECTION.  Sec. 2057.  FOR THE DEPARTMENT OF CORRECTIONS

Washington State Penitentiary: Program and Support Building (30001101)

Appropriation:

State Building Construction Account—State.................... $1,900,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................... $15,014,000

TOTAL.................................................... $16,914,000

NEW SECTION.  Sec. 2058.  FOR THE DEPARTMENT OF CORRECTIONS

Prison Capacity Expansion (30001105)

The appropriation in this section is subject to the following conditions and limitations: The department shall research best practices for treatment of mental illness for offenders, and design and construct the facility to provide this treatment. The department shall also include costs for continuing mental health supervision with community supervision in the predesign. The department may assign minimum security offenders for maintenance or other activities as needed.

Appropriation:

State Building Construction Account—State.................... $5,300,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)................................... $184,000,000

TOTAL.................................................. $189,300,000

NEW SECTION.  Sec. 2059.  FOR THE CRIMINAL JUSTICE TRAINING COMMISSION

Omnibus Minor Works (30000017)

Appropriation:

State Building Construction Account—State....................... $456,000

Prior Biennia (Expenditures)........................................................... $0

Future Biennia (Projected Costs)..................................................... $0

TOTAL......................................................... $456,000

PART 3

NATURAL RESOURCES

NEW SECTION.  Sec. 3001.  FOR THE DEPARTMENT OF ECOLOGY

Water Supply Facilities (19742006)

Reappropriation:

State and Local Improvements Revolving Account (Water

Supply Facilities)—State.............................................. $345,000

Prior Biennia (Expenditures)........................................... $20,205,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $20,550,000

NEW SECTION.  Sec. 3002.  FOR THE DEPARTMENT OF ECOLOGY

Low-Level Nuclear Waste Disposal Trench Closure (19972012)

Reappropriation:

Site Closure Account—State........................................... $10,917,000

Appropriation:

Site Closure Account—State............................................. $3,675,000

Prior Biennia (Expenditures)............................................. $4,516,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $19,108,000

NEW SECTION.  Sec. 3003.  FOR THE DEPARTMENT OF ECOLOGY

Twin Lake Aquifer Recharge Project (20042951)

Reappropriation:

State Building Construction Account—State....................... $156,000

Prior Biennia (Expenditures)................................................ $594,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL......................................................... $750,000

NEW SECTION.  Sec. 3004.  FOR THE DEPARTMENT OF ECOLOGY

Water Supply Facilities (20044006)

Reappropriation:

State and Local Improvements Revolving Account (Water

Supply Facilities)—State................................................ $50,000

Prior Biennia (Expenditures)........................................... $13,468,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $13,518,000

NEW SECTION.  Sec. 3005.  FOR THE DEPARTMENT OF ECOLOGY

Quad Cities Water Right Mitigation (20052852)

Reappropriation:

State Building Construction Account—State....................... $421,000

Prior Biennia (Expenditures)............................................. $1,179,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $1,600,000

NEW SECTION.  Sec. 3006.  FOR THE DEPARTMENT OF ECOLOGY

Watershed Plan Implementation and Flow Achievement (20062003)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions in section 136, chapter 371, Laws of 2006.

Reappropriation:

State Building Construction Account—State....................... $317,000

Prior Biennia (Expenditures)........................................... $12,483,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $12,800,000

NEW SECTION.  Sec. 3007.  FOR THE DEPARTMENT OF ECOLOGY

Columbia River Basin Water Supply Development Program (20062950)

The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3008, chapter 49, Laws of 2011 1st sp. sess.

Reappropriation:

Columbia River Basin Taxable Bond Water Supply

Development Account—State................................... $1,770,000

Columbia River Basin Water Supply Development Account—

State........................................................................... $6,075,000

Subtotal Reappropriation........................... $7,845,000

Prior Biennia (Expenditures)........................................... $83,655,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $91,500,000

NEW SECTION.  Sec. 3008.  FOR THE DEPARTMENT OF ECOLOGY

Transfer of Water Rights for Cabin Owners (20081951)

Reappropriation:

State Building Construction Account—State....................... $161,000

Prior Biennia (Expenditures)................................................ $289,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL......................................................... $450,000

NEW SECTION.  Sec. 3009.  FOR THE DEPARTMENT OF ECOLOGY

Remedial Action Grants (20084008)

Reappropriation:

State Building Construction Account—State.................. $11,754,000

Prior Biennia (Expenditures)........................................... $81,121,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $92,875,000

NEW SECTION.  Sec. 3010.  FOR THE DEPARTMENT OF ECOLOGY

Centennial Clean Water Program (20084010)

Reappropriation:

Water Quality Capital Account—State.................................. $43,000

State Toxics Control Account—State.................................. $570,000

Subtotal Reappropriation.............................. $613,000

Prior Biennia (Expenditures)........................................... $66,036,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $66,649,000

NEW SECTION.  Sec. 3011.  FOR THE DEPARTMENT OF ECOLOGY

Water Pollution Control Loan Program (20084011)

Reappropriation:

Water Pollution Control Revolving Account—State...... $14,581,000

Prior Biennia (Expenditures)......................................... $125,419,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................. $140,000,000

NEW SECTION.  Sec. 3012.  FOR THE DEPARTMENT OF ECOLOGY

Yakima River Basin Water Storage Feasibility Study (20084026)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions in section 3035, chapter 497, Laws of 2009.

Reappropriation:

State Building Construction Account—State......................... $82,000

Prior Biennia (Expenditures)............................................. $5,168,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $5,250,000

NEW SECTION.  Sec. 3013.  FOR THE DEPARTMENT OF ECOLOGY

Watershed Plan Implementation and Flow Achievement (20084029)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions in section 3054, chapter 520, Laws of 2007.

Reappropriation:

State Building Construction Account—State.................... $1,456,000

Prior Biennia (Expenditures)........................................... $12,544,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $14,000,000

NEW SECTION.  Sec. 3014.  FOR THE DEPARTMENT OF ECOLOGY

Water Pollution Control Revolving Fund Program (30000007)

Reappropriation:

Water Pollution Control Revolving Account—Federal

ARRA........................................................................... $766,000

Water Pollution Control Revolving Account—State........ $3,970,000

Subtotal Reappropriation........................... $4,736,000

Prior Biennia (Expenditures)......................................... $173,964,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................. $178,700,000

NEW SECTION.  Sec. 3015.  FOR THE DEPARTMENT OF ECOLOGY

Centennial Clean Water Program (30000008)

Reappropriation:

State Building Construction Account—State.................... $3,838,000

Prior Biennia (Expenditures)........................................... $26,162,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $30,000,000

NEW SECTION.  Sec. 3016.  FOR THE DEPARTMENT OF ECOLOGY

Watershed Plan Implementation and Flow Achievement (30000028)

Reappropriation:

State Building Construction Account—State....................... $715,000

Prior Biennia (Expenditures)............................................. $5,285,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $6,000,000

NEW SECTION.  Sec. 3017.  FOR THE DEPARTMENT OF ECOLOGY

Kittitas Groundwater Study (30000029)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions in section 3001, chapter 36, Laws of 2010 1st sp. sess.

Reappropriation:

State and Local Improvements Revolving Account (Water

Supply Facilities)—State................................................ $76,000

Prior Biennia (Expenditures)................................................ $624,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL......................................................... $700,000

NEW SECTION.  Sec. 3018.  FOR THE DEPARTMENT OF ECOLOGY

Remedial Action Grant Program (30000039)

The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3006, chapter 36, Laws of 2010 1st sp. sess.

Reappropriation:

State Building Construction Account—State.................... $1,327,000

Local Toxics Control Account—State.............................. $9,165,000

Subtotal Reappropriation......................... $10,492,000

Prior Biennia (Expenditures)........................................... $65,419,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $75,911,000

NEW SECTION.  Sec. 3019.  FOR THE DEPARTMENT OF ECOLOGY

Water Pollution Control Revolving Fund Program (30000142)

Reappropriation:

Water Pollution Control Revolving Account—Federal.... $1,792,000

Water Pollution Control Revolving Account—State...... $21,050,000

Subtotal Reappropriation......................... $22,842,000

Prior Biennia (Expenditures)........................................... $14,158,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $37,000,000

NEW SECTION.  Sec. 3020.  FOR THE DEPARTMENT OF ECOLOGY

Clean Up Toxics Sites - Puget Sound (30000144)

The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3021, chapter 48, Laws of 2011 1st sp. sess.

Reappropriation:

Cleanup Settlement Account—State................................. $1,959,000

State Toxics Control Account—State............................... $3,666,000

Subtotal Reappropriation........................... $5,625,000

Prior Biennia (Expenditures)........................................... $35,573,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $41,198,000

NEW SECTION.  Sec. 3021.  FOR THE DEPARTMENT OF ECOLOGY

Settlement Funding to Clean Up Toxic Sites (30000145)

Reappropriation:

Cleanup Settlement Account—State.................................... $185,000

Prior Biennia (Expenditures)............................................. $8,315,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $8,500,000

NEW SECTION.  Sec. 3022.  FOR THE DEPARTMENT OF ECOLOGY

Centennial Clean Water Program (30000208)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3024, chapter 48, Laws of 2011 1st sp. sess.

Reappropriation:

State Toxics Control Account—State............................. $12,341,000

Prior Biennia (Expenditures)........................................... $21,759,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $34,100,000

NEW SECTION.  Sec. 3023.  FOR THE DEPARTMENT OF ECOLOGY

Water Pollution Control Revolving Fund Program (30000209)

Reappropriation:

Water Pollution Control Revolving Account—Federal.. $51,095,000

Water Pollution Control Revolving Account—State...... $85,631,000

Subtotal Reappropriation....................... $136,726,000

Prior Biennia (Expenditures)........................................... $55,418,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................. $192,144,000

NEW SECTION.  Sec. 3024.  FOR THE DEPARTMENT OF ECOLOGY

Watershed Plan Implementation and Flow Achievement (30000213)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3030, chapter 49, Laws of 2011 1st sp. sess.

Reappropriation:

State Building Construction Account—State.................... $2,254,000

Prior Biennia (Expenditures)............................................. $5,746,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $8,000,000

NEW SECTION.  Sec. 3025.  FOR THE DEPARTMENT OF ECOLOGY

Remedial Action Grant Program (30000216)

Reappropriation:

Local Toxics Control Account—State............................ $32,216,000

Prior Biennia (Expenditures)........................................... $31,618,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $63,834,000

NEW SECTION.  Sec. 3026.  FOR THE DEPARTMENT OF ECOLOGY

Eastern Washington Clean Sites Initiative (30000217)

Reappropriation:

State Toxics Control Account—State............................... $2,117,000

Prior Biennia (Expenditures)............................................. $3,883,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $6,000,000

NEW SECTION.  Sec. 3027.  FOR THE DEPARTMENT OF ECOLOGY

Safe Soils Remediation Program - Central Washington (30000263)

Reappropriation:

State Toxics Control Account—State.................................. $682,000

Prior Biennia (Expenditures)............................................. $3,029,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $3,711,000

NEW SECTION.  Sec. 3028.  FOR THE DEPARTMENT OF ECOLOGY

Clean Up Toxics Sites - Puget Sound (30000265)

Reappropriation:

State Toxics Control Account—State............................... $1,896,000

Prior Biennia (Expenditures)........................................... $14,504,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $16,400,000

NEW SECTION.  Sec. 3029.  FOR THE DEPARTMENT OF ECOLOGY

Yakima Basin Integrated Water Management Plan Implementation (30000278)

Reappropriation:

State Building Construction Account—State....................... $208,000

Prior Biennia (Expenditures)............................................. $1,792,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $2,000,000

NEW SECTION.  Sec. 3030.  FOR THE DEPARTMENT OF ECOLOGY

ASARCO - Tacoma Smelter Plume and Mines (30000280)

Reappropriation:

Cleanup Settlement Account—State................................. $6,841,000

Prior Biennia (Expenditures)........................................... $13,806,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $20,647,000

NEW SECTION.  Sec. 3031.  FOR THE DEPARTMENT OF ECOLOGY

Padilla Bay Federal Capital Projects (30000282)

Reappropriation:

General Fund—Federal........................................................ $791,000

Prior Biennia (Expenditures).................................................... $9,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL......................................................... $800,000

NEW SECTION.  Sec. 3032.  FOR THE DEPARTMENT OF ECOLOGY

Coastal Wetlands Federal Funds Administration (30000283)

Reappropriation:

General Fund—Federal................................................... $10,695,000

Prior Biennia (Expenditures)........................................... $12,505,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $23,200,000

NEW SECTION.  Sec. 3033.  FOR THE DEPARTMENT OF ECOLOGY

Statewide Storm Water Projects (30000294)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3041, chapter 4, Laws of 2011 1st sp. sess.

Reappropriation:

Local Toxics Control Account—State............................ $14,411,000

Prior Biennia (Expenditures)........................................... $15,589,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $30,000,000

NEW SECTION.  Sec. 3034.  FOR THE DEPARTMENT OF ECOLOGY

Waste Tire Pile Cleanup and Prevention (30000322)

Reappropriation:

Waste Tire Removal Account—State.................................. $388,000

Prior Biennia (Expenditures)................................................ $612,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $1,000,000

NEW SECTION.  Sec. 3035.  FOR THE DEPARTMENT OF ECOLOGY

Mercury Switch Removal (30000323)

Reappropriation:

State Toxics Control Account—State.................................. $365,000

Prior Biennia (Expenditures)................................................ $135,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL......................................................... $500,000

NEW SECTION.  Sec. 3036.  FOR THE DEPARTMENT OF ECOLOGY

Reducing Toxic Diesel Emissions (30000324)

Reappropriation:

State Toxics Control Account—State............................... $2,380,000

Prior Biennia (Expenditures)............................................. $2,120,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $4,500,000

NEW SECTION.  Sec. 3037.  FOR THE DEPARTMENT OF ECOLOGY

Reducing Toxic Wood Stove Emissions (30000325)

Reappropriation:

State Toxics Control Account—State............................... $2,180,000

Prior Biennia (Expenditures)............................................. $1,820,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL...................................................... $4,000,000

NEW SECTION.  Sec. 3038.  FOR THE DEPARTMENT OF ECOLOGY

Centennial Clean Water Program (30000326)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3066, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

Environmental Legacy Stewardship Account—State..... $36,634,000

Prior Biennia (Expenditures)........................................... $13,366,000

Future Biennia (Projected Costs)..................................................... $0

TOTAL.................................................... $50,000,000

NEW SECTION.  Sec. 3039.  FOR THE DEPARTMENT OF ECOLOGY

Water Pollution Control Revolving Program (30000327)

The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3067, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

Water Pollution Control Revolving Account—Federal.. $50,000,000

Water Pollution Control Revolving Account—State.... $184,110,000

Subtotal Reappropriation....................... $234,110,000