| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 02/17/09. Referred to Committee on Community & Economic Development & Trade.
AN ACT Relating to creating a department of commerce; amending RCW 43.330.007, 43.330.010, 43.330.020, 43.330.092, 43.330.094, 43.330.125, 43.330.135, 43.330.167, 43.330.170, 43.330.210, 43.330.240, 43.330.250, 43.330.280, 43.330.290, 43.330.300, 43.330.900, 19.260.020, 19.280.020, 19.285.030, 35.105.010, 36.70A.030, 39.86.110, 43.17.010, 43.17.020, 43.21F.025, 43.31.455, 43.31.522, 43.31.800, 43.31C.010, 43.105.020, 43.155.020, 43.157.010, 43.168.020, 43.185.020, 43.185A.010, 43.185B.010, 43.185C.010, 43.325.010, 43.336.010, 43.338.010, 43.360.010, 43.362.010, 43.365.010, 59.21.010, 59.22.020, 70.103.020, 70.125.030, 70.164.020, 70.190.010, 80.36.005, 80.80.010, and 82.73.010; reenacting and amending RCW 42.17.2401 and 43.160.020; adding a new section to chapter 43.330 RCW; creating a new section; decodifying RCW 43.330.005 and 43.330.904; and providing expiration dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 43.330.007 and 1993 c 280 s 2 are each amended to read
as follows:
The purpose of this chapter is to establish the broad outline of
the structure of the department of ((community, trade, and economic
development)) commerce, leaving specific details of its internal
organization and management to those charged with its administration.
This chapter identifies the broad functions and responsibilities of the
((new)) department and is intended to provide flexibility to the
director to reorganize these functions and to make recommendations for
changes ((through the implementation plan required in section 8,
chapter 280, Laws of 1993)).
Sec. 2 RCW 43.330.010 and 2007 c 322 s 2 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Associate development organization" means a local economic
development nonprofit corporation that is broadly representative of
community interests.
(2) "Department" means the department of ((community, trade, and
economic development)) commerce.
(3) "Director" means the director of the department of ((community,
trade, and economic development)) commerce.
(4) "Financial institution" means a bank, trust company, mutual
savings bank, savings and loan association, or credit union authorized
to do business in this state under state or federal law.
(5) "Microenterprise development organization" means a community
development corporation, a nonprofit development organization, a
nonprofit social services organization or other locally operated
nonprofit entity that provides services to low-income entrepreneurs.
(6) "Statewide microenterprise association" means a nonprofit
entity with microenterprise development organizations as members that
serves as an intermediary between the department of ((community, trade,
and economic development)) commerce and local microenterprise
development organizations.
Sec. 3 RCW 43.330.020 and 1993 c 280 s 4 are each amended to read
as follows:
A department of ((community, trade, and economic development))
commerce is created. The department shall be vested with all powers
and duties established or transferred to it under this chapter and such
other powers and duties as may be authorized by law. Unless otherwise
specifically provided ((in chapter 280, Laws of 1993)), the existing
responsibilities and functions of the agency programs will continue to
be administered in accordance with their implementing legislation.
NEW SECTION. Sec. 4 A new section is added to chapter 43.330 RCW
to read as follows:
(1) By November 1, 2009, the director shall develop recommendations
for the governor and the appropriate legislative committees regarding:
(a) The mission, goals, organizational structure and
responsibilities of the department, with particular emphasis on
promoting innovation, statewide economic and business development,
sustainability of existing businesses, international trade, and other
factors that will improve the effectiveness of the state's
competitiveness climate;
(b) Existing programs provided within and outside the department of
community, trade, and economic development that might best serve the
state's economic development mission by being aligned within the
department; and
(c) Alternative service delivery mechanisms, collaborations, and
partnerships that might best serve the state's economic development
goals.
(2) The legislature recognizes that the department of community,
trade, and economic development contains a number of important existing
programs that deliver essential services to communities and
individuals. The director shall recommend options for locating these
vital services outside the department, including the possible need for
a separate new department for critical programs such as community
services, capital programs, and housing.
(3) In developing these recommendations, the director shall
collaborate with the office of the governor, the office of financial
management, the chairs and ranking minority members of the community
and economic development and trade committee of the house of
representatives and the economic development, trade and innovation
committee of the senate.
(4) The director and the officials listed in subsection (3) of this
section shall identify, and seek expert input from, representatives of
business, labor, professional associations of economic development
practitioners, local governments, housing organizations, and other key
economic and community development stakeholders.
Sec. 5 RCW 43.330.092 and 2005 c 136 s 15 are each amended to
read as follows:
The film and video promotion account is created in the state
treasury. All revenue received for film and video promotion purposes
under RCW 43.330.090(((4))) (2)(b) and all receipts from RCW
36.102.060(14) must be deposited into the account. Moneys in the
account may be spent only after appropriation. Expenditures from the
account may be used by the department of ((community, trade, and
economic development)) commerce only for the purposes of promotion of
the film and video production industry in the state of Washington.
Sec. 6 RCW 43.330.094 and 2007 c 228 s 202 are each amended to
read as follows:
The tourism development and promotion account is created in the
state treasury. All receipts from RCW 36.102.060(10) must be deposited
into the account. Moneys in the account may be spent only after
appropriation. Expenditures from the account may be used by the
department of ((community, trade, and economic development)) commerce
only for the purposes of expanding and promoting the tourism industry
in the state of Washington.
Sec. 7 RCW 43.330.125 and 1995 c 347 s 430 are each amended to
read as follows:
The department of ((community, trade, and economic development))
commerce shall provide training and technical assistance to counties
and cities to assist them in fulfilling the requirements of chapter
36.70B RCW.
Sec. 8 RCW 43.330.135 and 1995 c 13 s 1 are each amended to read
as follows:
(1) The department of ((community, trade, and economic
development)) commerce shall distribute such funds as are appropriated
for the statewide technical support, development, and enhancement of
court-appointed special advocate programs.
(2) In order to receive money under subsection (1) of this section,
an organization providing statewide technical support, development, and
enhancement of court-appointed special advocate programs must meet all
of the following requirements:
(a) The organization must provide statewide support, development,
and enhancement of court-appointed special advocate programs that offer
guardian ad litem services as provided in RCW 26.12.175, 26.44.053, and
13.34.100;
(b) All guardians ad litem working under court-appointed special
advocate programs supported, developed, or enhanced by the organization
must be volunteers and may not receive payment for services rendered
pursuant to the program. The organization may include paid positions
that are exclusively administrative in nature, in keeping with the
scope and purpose of this section; and
(c) The organization providing statewide technical support,
development, and enhancement of court-appointed special advocate
programs must be a public benefit nonprofit corporation as defined in
RCW 24.03.490.
(3) If more than one organization is eligible to receive money
under this section, the department shall develop criteria for
allocation of appropriated money among the eligible organizations.
Sec. 9 RCW 43.330.167 and 2004 c 276 s 718 are each amended to
read as follows:
(1)(a) There is created in the custody of the state treasurer an
account to be known as the homeless families services fund. Revenues
to the fund consist of a one-time appropriation by the legislature,
private contributions, and all other sources deposited in the fund.
(b) Expenditures from the fund may only be used for the purposes of
the program established in this section, including administrative
expenses. Only the director of the department of ((community, trade,
and economic development)) commerce, or the director's designee, may
authorize expenditures.
(c) Expenditures from the fund are exempt from appropriations and
the allotment provisions of chapter 43.88 RCW. However, money used for
program administration by the department is subject to the allotment
and budgetary controls of chapter 43.88 RCW, and an appropriation is
required for these expenditures.
(2) The department may expend moneys from the fund to provide state
matching funds for housing-based supportive services for homeless
families over a period of at least ten years.
(3) Activities eligible for funding through the fund include, but
are not limited to, the following:
(a) Case management;
(b) Counseling;
(c) Referrals to employment support and job training services and
direct employment support and job training services;
(d) Domestic violence services and programs;
(e) Mental health treatment, services, and programs;
(f) Substance abuse treatment, services, and programs;
(g) Parenting skills education and training;
(h) Transportation assistance;
(i) Child care; and
(j) Other supportive services identified by the department to be an
important link for housing stability.
(4) Organizations that may receive funds from the fund include
local housing authorities, nonprofit community or neighborhood-based
organizations, public development authorities, federally recognized
Indian tribes in the state, and regional or statewide nonprofit housing
assistance organizations.
Sec. 10 RCW 43.330.170 and 2002 c 294 s 4 are each amended to
read as follows:
The office of community development of the department of
((community, trade, and economic development)) commerce is directed to
conduct a statewide housing market analysis by region. The purpose of
the analysis is to identify areas of greatest need for the appropriate
investment of state affordable housing funds, using vacancy data and
other appropriate measures of need for low-income housing. The
analysis shall include the number and types of projects that counties
have developed using the funds collected under chapter 294, Laws of
2002. The analysis shall be completed by September 2003, and updated
every two years thereafter.
Sec. 11 RCW 43.330.210 and 2000 c 120 s 5 are each amended to
read as follows:
The developmental disabilities endowment governing board is
established to design and administer the developmental disabilities
endowment. To the extent funds are appropriated for this purpose, the
director of the department of ((community, trade, and economic
development)) commerce shall provide staff and administrative support
to the governing board.
(1) The governing board shall consist of seven members as follows:
(a) Three of the members, who shall be appointed by the governor,
shall be persons who have demonstrated expertise and leadership in
areas such as finance, actuarial science, management, business, or
public policy.
(b) Three members of the board, who shall be appointed by the
governor, shall be persons who have demonstrated expertise and
leadership in areas such as business, developmental disabilities
service design, management, or public policy, and shall be family
members of persons with developmental disabilities.
(c) The seventh member of the board, who shall serve as chair of
the board, shall be appointed by the remaining six members of the
board.
(2) Members of the board shall serve terms of four years and may be
appointed for successive terms of four years at the discretion of the
appointing authority. However, the governor may stagger the terms of
the initial six members of the board so that approximately one-fourth
of the members' terms expire each year.
(3) Members of the board shall be compensated for their service
under RCW 43.03.240 and shall be reimbursed for travel expenses as
provided in RCW 43.03.050 and 43.03.060.
(4) The board shall meet periodically as specified by the call of
the chair, or a majority of the board.
(5) Members of the governing board and the state investment board
shall not be considered an insurer of the funds or assets of the
endowment trust fund or the individual trust accounts. Neither of
these two boards or their members shall be liable for the action or
((inactions [inaction])) inaction of the other.
(6) Members of the governing board and the state investment board
are not liable to the state, to the fund, or to any other person as a
result of their activities as members, whether ministerial or
discretionary, except for willful dishonesty or intentional violations
of law. The department and the state investment board, respectively,
may purchase liability insurance for members.
Sec. 12 RCW 43.330.240 and 2000 c 120 s 9 are each amended to
read as follows:
The department of ((community, trade, and economic development))
commerce shall adopt rules for the implementation of policies
established by the governing board in RCW 43.330.200 through
43.330.230. Such rules will be consistent with those statutes and
chapter 34.05 RCW.
Sec. 13 RCW 43.330.250 and 2008 c 329 s 914 are each amended to
read as follows:
(1) The economic development strategic reserve account is created
in the state treasury to be used only for the purposes of this section.
(2) Only the governor, with the recommendation of the director of
the department of ((community, trade, and economic development))
commerce and the economic development commission, may authorize
expenditures from the account.
(3) Expenditures from the account shall be made in an amount
sufficient to fund a minimum of one staff position for the economic
development commission and to cover any other operational costs of the
commission.
(4) During the 2007-2009 fiscal biennium, moneys in the account may
also be transferred into the state general fund.
(5) Expenditures from the account may be made to prevent closure of
a business or facility, to prevent relocation of a business or facility
in the state to a location outside the state, or to recruit a business
or facility to the state. Expenditures may be authorized for:
(a) Workforce development;
(b) Public infrastructure needed to support or sustain the
operations of the business or facility; and
(c) Other lawfully provided assistance, including, but not limited
to, technical assistance, environmental analysis, relocation
assistance, and planning assistance. Funding may be provided for such
assistance only when it is in the public interest and may only be
provided under a contractual arrangement ensuring that the state will
receive appropriate consideration, such as an assurance of job creation
or retention.
(6) The funds shall not be expended from the account unless:
(a) The circumstances are such that time does not permit the
director of the department of ((community, trade, and economic
development)) commerce or the business or facility to secure funding
from other state sources;
(b) The business or facility produces or will produce significant
long-term economic benefits to the state, a region of the state, or a
particular community in the state;
(c) The business or facility does not require continuing state
support;
(d) The expenditure will result in new jobs, job retention, or
higher incomes for citizens of the state;
(e) The expenditure will not supplant private investment; and
(f) The expenditure is accompanied by private investment.
(7) No more than three million dollars per year may be expended
from the account for the purpose of assisting an individual business or
facility pursuant to the authority specified in this section.
(8) If the account balance in the strategic reserve account exceeds
fifteen million dollars at any time, the amount in excess of fifteen
million dollars shall be transferred to the education construction
account.
Sec. 14 RCW 43.330.280 and 2007 c 227 s 2 are each amended to
read as follows:
(1) The Washington state economic development commission shall,
with the advice of an innovation partnership advisory group selected by
the commission, have oversight responsibility for the implementation of
the state's efforts to further innovation partnerships throughout the
state. The commission shall:
(a) Provide information and advice to the department of
((community, trade, and economic development)) commerce to assist in
the implementation of the innovation partnership zone program,
including criteria to be used in the selection of grant applicants for
funding;
(b) Document clusters of companies throughout the state that have
comparative competitive advantage or the potential for comparative
competitive advantage, using the process and criteria for identifying
strategic clusters developed by the working group specified in
subsection (2) of this section;
(c) Conduct an innovation opportunity analysis to identify (i) the
strongest current intellectual assets and research teams in the state
focused on emerging technologies and their commercialization, and (ii)
faculty and researchers that could increase their focus on
commercialization of technology if provided the appropriate technical
assistance and resources;
(d) Based on its findings and analysis, and in conjunction with the
higher education coordinating board and research institutions:
(i) Develop a plan to build on existing, and develop new,
intellectual assets and innovation research teams in the state in
research areas where there is a high potential to commercialize
technologies. The commission shall present the plan to the governor
and legislature by December 31, 2007. The higher education
coordinating board shall be responsible for implementing the plan in
conjunction with the publicly funded research institutions in the
state. The plan shall address the following elements and such other
elements as the commission deems important:
(A) Specific mechanisms to support, enhance, or develop innovation
research teams and strengthen their research and commercialization
capacity in areas identified as useful to strategic clusters and
innovative firms in the state;
(B) Identification of the funding necessary for laboratory
infrastructure needed to house innovation research teams;
(C) Specification of the most promising research areas meriting
enhanced resources and recruitment of significant entrepreneurial
researchers to join or lead innovation research teams;
(D) The most productive approaches to take in the recruitment, in
the identified promising research areas, of a minimum of ten
significant entrepreneurial researchers over the next ten years to join
or lead innovation research teams;
(E) Steps to take in solicitation of private sector support for the
recruitment of entrepreneurial researchers and the commercialization
activity of innovation research teams; and
(F) Mechanisms for ensuring the location of innovation research
teams in innovation partnership zones;
(ii) Provide direction for the development of comprehensive
entrepreneurial assistance programs at research institutions. The
programs may involve multidisciplinary students, faculty,
entrepreneurial researchers, entrepreneurs, and investors in building
business models and evolving business plans around innovative ideas.
The programs may provide technical assistance and the support of an
entrepreneur-in-residence to innovation research teams and offer
entrepreneurial training to faculty, researchers, undergraduates, and
graduate students. Curriculum leading to a certificate in
entrepreneurship may also be offered;
(e) Develop performance measures to be used in evaluating the
performance of innovation research teams, the implementation of the
plan and programs under (d)(i) and (ii) of this subsection, and the
performance of innovation partnership zone grant recipients, including
but not limited to private investment measures, business initiation
measures, job creation measures, and measures of innovation such as
licensing of ideas in research institutions, patents, or other
recognized measures of innovation. The performance measures developed
shall be consistent with the economic development commission's
comprehensive plan for economic development and its standards and
metrics for program evaluation. The commission shall report to the
legislature and the governor by December 31, 2008, on the measures
developed; and
(f) Using the performance measures developed, perform a biennial
assessment and report, the first of which shall be due December 31,
2012, on:
(i) Commercialization of technologies developed at state
universities, found at other research institutions in the state, and
facilitated with public assistance at existing companies;
(ii) Outcomes of the funding of innovation research teams and
recruitment of significant entrepreneurial researchers;
(iii) Comparison with other states of Washington's outcomes from
the innovation research teams and efforts to recruit significant
entrepreneurial researchers; and
(iv) Outcomes of the grants for innovation partnership zones.
The report shall include recommendations for modifications of chapter
227, Laws of 2007 and of state commercialization efforts that would
enhance the state's economic competitiveness.
(2) The economic development commission and the workforce training
and education coordinating board shall jointly convene a working group
to:
(a) Specify the process and criteria for identification of substate
geographic concentrations of firms or employment in an industry and the
industry's customers, suppliers, supporting businesses, and
institutions, which process will include the use of labor market
information from the employment security department and local labor
markets; and
(b) Establish criteria for identifying strategic clusters which are
important to economic prosperity in the state, considering cluster
size, growth rate, and wage levels among other factors.
Sec. 15 RCW 43.330.290 and 2007 c 322 s 3 are each amended to
read as follows:
The microenterprise development program is established in the
department of ((community, trade, and economic development)) commerce.
In implementing the program, the department:
(1) Shall provide organizational support to a statewide
microenterprise association and shall contract with the association for
the delivery of services and distribution of grants;
(a) The association shall serve as the department's agent in
carrying out the purpose and service delivery requirements of this
section;
(b) The association's contract with the department shall specify
that in administering the funds provided for under subsection (3) of
this section, the association may use no greater than ten percent of
the funds to cover administrative expenses;
(2) Shall provide funds for capacity building for the statewide
microenterprise association and microenterprise development
organizations throughout the state;
(3) Shall provide grants to microenterprise development
organizations for the delivery of training and technical assistance
services;
(4) Shall identify and facilitate the availability of state,
federal, and private sources of funds which may enhance microenterprise
development in the state;
(5) Shall develop with the statewide microenterprise association
criteria for the distribution of grants to microenterprise development
organizations. Such criteria may include:
(a) The geographic representation of all regions of the state,
including both urban and rural communities;
(b) The ability of the microenterprise development organization to
provide business development services in low-income communities;
(c) The scope of services offered by a microenterprise development
organization and their efficiency in delivery of such services;
(d) The ability of the microenterprise development organization to
monitor the progress of its customers and identify technical and
financial assistance needs;
(e) The ability of the microenterprise development organization to
work with other organizations, public entities, and financial
institutions to meet the technical and financial assistance needs of
its customers;
(f) The sufficiency of operating funds for the microenterprise
development organization; and
(g) Such other criteria as agreed by the department and the
association;
(6) Shall require the statewide microenterprise association and any
microenterprise development organization receiving funds through the
microenterprise development program to raise and contribute to the
effort funded by the microenterprise development program an amount
equal to twenty-five percent of the microenterprise development program
funds received. Such matching funds may come from private foundations,
federal or local sources, financial institutions, or any other source
other than funds appropriated from the legislature;
(7) Shall require under its contract with the statewide
microenterprise association an annual accounting of program outcomes,
including job creation, access to capital, leveraging of nonstate
funds, and other outcome measures specified by the department. By
January 1, 2012, the joint legislative audit and review committee shall
use these outcome data and other relevant information to evaluate the
program's effectiveness; and
(8) May adopt rules as necessary to implement this section.
Sec. 16 RCW 43.330.300 and 2008 c 290 s 1 are each amended to
read as follows:
(1) The financial fraud and identity theft crimes investigation and
prosecution program is created in the department of ((community, trade,
and economic development)) commerce. The department shall:
(a) Appoint members of the financial fraud task forces created in
subsection (2) of this section;
(b) Administer the account created in subsection (3) of this
section; and
(c) By December 31st of each year submit a report to the
appropriate committees of the legislature and the governor regarding
the progress of the program and task forces. The report must include
recommendations on changes to the program, including expansion.
(2)(a) The department shall establish two regional financial fraud
and identity theft crime task forces that include a central Puget Sound
task force that includes King and Pierce counties, and a Spokane county
task force. Each task force must be comprised of local law
enforcement, county prosecutors, representatives of the office of the
attorney general, financial institutions, and other state and local law
enforcement.
(b) The department shall appoint: (i) Representatives of local law
enforcement from a list provided by the Washington association of
sheriffs and police chiefs; (ii) representatives of county prosecutors
from a list provided by the Washington association of prosecuting
attorneys; and (iii) representatives of financial institutions.
(c) Each task force shall:
(i) Hold regular meetings to discuss emerging trends and threats of
local financial fraud and identity theft crimes;
(ii) Set priorities for the activities for the task force;
(iii) Apply to the department for funding to (A) hire prosecutors
and/or law enforcement personnel dedicated to investigating and
prosecuting financial fraud and identity theft crimes; and (B) acquire
other needed resources to conduct the work of the task force;
(iv) Establish outcome-based performance measures; and
(v) Twice annually report to the department regarding the
activities and performance of the task force.
(3) The financial fraud and identity theft crimes investigation and
prosecution account is created in the state treasury. Moneys in the
account may be spent only after appropriation. Revenue to the account
may include appropriations, revenues generated by the surcharge imposed
in RCW 62A.9A-525, federal funds, and any other gifts or grants.
Expenditures from the account may be used only to support the
activities of the financial fraud and identity theft crime
investigation and prosecution task forces and the program
administrative expenses of the department, which may not exceed ten
percent of the amount appropriated.
(4) For purposes of this section, "financial fraud and identity
theft crimes" includes those that involve: Check fraud, chronic
unlawful issuance of bank checks, embezzlement, credit/debit card
fraud, identity theft, forgery, counterfeit instruments such as checks
or documents, organized counterfeit check rings, and organized
identification theft rings.
Sec. 17 RCW 43.330.900 and 1993 c 280 s 79 are each amended to
read as follows:
(((1))) All references to the director or department of community,
trade, and economic development in the Revised Code of Washington shall
be construed to mean the director of ((community, trade, and economic
development)) commerce or the department of ((community, trade, and
economic development)) commerce.
(((2) All references to the director or department of trade and
economic development in the Revised Code of Washington shall be
construed to mean the director of community, trade, and economic
development or the department of community, trade, and economic
development.))
Sec. 18 RCW 19.260.020 and 2006 c 194 s 1 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Automatic commercial ice cube machine" means a factory-made
assembly, not necessarily shipped in one package, consisting of a
condensing unit and ice-making section operating as an integrated unit
with means for making and harvesting ice cubes. It may also include
integrated components for storing or dispensing ice, or both.
(2) "Ballast" means a device used with an electric discharge lamp
to obtain necessary circuit conditions, such as voltage, current, and
waveform, for starting and operating the lamp.
(3) "Commercial clothes washer" means a soft mount horizontal or
vertical-axis clothes washer that: (a) Has a clothes container
compartment no greater than 3.5 cubic feet in the case of a horizontal-axis product or no greater than 4.0 cubic feet in the case of a
vertical-axis product; and (b) is designed for use by more than one
household, such as in multifamily housing, apartments, or coin
laundries.
(4) "Commercial prerinse spray valve" means a handheld device
designed and marketed for use with commercial dishwashing and
warewashing equipment and that sprays water on dishes, flatware, and
other food service items for the purpose of removing food residue prior
to their cleaning.
(5)(a) "Commercial refrigerators and freezers" means refrigerators,
freezers, or refrigerator-freezers designed for use by commercial or
institutional facilities for the purpose of storing or merchandising
food products, beverages, or ice at specified temperatures that: (i)
Incorporate most components involved in the vapor-compression cycle and
the refrigerated compartment in a single cabinet; and (ii) may be
configured with either solid or transparent doors as a reach-in
cabinet, pass-through cabinet, roll-in cabinet, or roll-through
cabinet.
(b) "Commercial refrigerators and freezers" does not include: (i)
Products with 85 cubic feet or more of internal volume; (ii) walk-in
refrigerators or freezers; (iii) consumer products that are federally
regulated pursuant to 42 U.S.C. Sec. 6291 et seq.; (iv) products
without doors; or (v) freezers specifically designed for ice cream.
(6) "Compensation" means money or any other valuable thing,
regardless of form, received or to be received by a person for services
rendered.
(7) "Department" means the department of ((community, trade, and
economic development)) commerce.
(8) "High-intensity discharge lamp" means a lamp in which light is
produced by the passage of an electric current through a vapor or gas,
and in which the light-producing arc is stabilized by bulb wall
temperature and the arc tube has a bulb wall loading in excess of three
watts per square centimeter.
(9) "Metal halide lamp" means a high-intensity discharge lamp in
which the major portion of the light is produced by radiation of metal
halides and their products of dissociation, possibly in combination
with metallic vapors.
(10) "Metal halide lamp fixture" means a light fixture designed to
be operated with a metal halide lamp and a ballast for a metal halide
lamp.
(11) "Pass-through cabinet" means a commercial refrigerator or
freezer with hinged or sliding doors on both the front and rear of the
unit.
(12) "Probe-start metal halide ballast" means a ballast used to
operate metal halide lamps which does not contain an igniter and which
instead starts lamps by using a third starting electrode "probe" in the
arc tube.
(13) "Reach-in cabinet" means a commercial refrigerator or freezer
with hinged or sliding doors or lids, but does not include roll-in or
roll-through cabinets or pass-through cabinets.
(14)(a) "Roll-in cabinet" means a commercial refrigerator or
freezer with hinged or sliding doors that allow wheeled racks of
product to be rolled into the unit.
(b) "Roll-through cabinet" means a commercial refrigerator or
freezer with hinged or sliding doors on two sides of the cabinet that
allow wheeled racks of product to be rolled through the unit.
(15)(a) "Single-voltage external AC to DC power supply" means a
device that: (i) Is designed to convert line voltage alternating
current input into lower voltage direct current output; (ii) is able to
convert to only one DC output voltage at a time; (iii) is sold with, or
intended to be used with, a separate end-use product that constitutes
the primary power load; (iv) is contained within a separate physical
enclosure from the end-use product; (v) is connected to the end-use
product via a removable or hard-wired male/female electrical
connection, cable, cord, or other wiring; and (vi) has a nameplate
output power less than or equal to 250 watts.
(b) "Single-voltage external AC to DC power supply" does not
include: (i) Products with batteries or battery packs that physically
attach directly to the power supply unit; (ii) products with a battery
chemistry or type selector switch and indicator light; or (iii)
products with a battery chemistry or type selector switch and a state
of charge meter.
(16) "State-regulated incandescent reflector lamp" means a lamp
that is not colored or designed for rough or vibration service
applications, that has an inner reflective coating on the outer bulb to
direct the light, an E26 medium screw base, and a rated voltage or
voltage range that lies at least partially within 115 to 130 volts, and
that falls into one of the following categories:
(a) A bulged reflector or elliptical reflector bulb shape and which
has a diameter which equals or exceeds 2.25 inches;
(b) A reflector, parabolic aluminized reflector, or similar bulb
shape and which has a diameter of 2.25 to 2.75 inches.
(17) "Transformer" means a device consisting of two or more coils
of insulated wire and that is designed to transfer alternating current
by electromagnetic induction from one coil to another to change the
original voltage or current value.
(18)(a) "Unit heater" means a self-contained, vented fan-type
commercial space heater that uses natural gas or propane, and that is
designed to be installed without ducts within a heated space.
(b) "Unit heater" does not include any products covered by federal
standards established pursuant to 42 U.S.C. Sec. 6291 et seq. or any
product that is a direct vent, forced flue heater with a sealed
combustion burner.
Sec. 19 RCW 19.280.020 and 2006 c 195 s 2 are each amended 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.
(2) "Conservation and efficiency resources" means any reduction in
electric power consumption that results from increases in the
efficiency of energy use, production, transmission, or distribution.
(3) "Consumer-owned utility" includes a municipal electric utility
formed under Title 35 RCW, a public utility district formed under Title
54 RCW, an irrigation district formed under chapter 87.03 RCW, a
cooperative formed under chapter 23.86 RCW, a mutual corporation or
association formed under chapter 24.06 RCW, a port district formed
under Title 53 RCW, or a water-sewer district formed under Title 57
RCW, that is engaged in the business of distributing electricity to one
or more retail electric customers in the state.
(4) "Department" means the department of ((community, trade, and
economic development)) commerce.
(5) "Electric utility" means a consumer-owned or investor-owned
utility.
(6) "Full requirements customer" means an electric utility that
relies on the Bonneville power administration for all power needed to
supply its total load requirement other than that served by
nondispatchable generating resources totaling no more than six
megawatts or renewable resources.
(7) "Governing body" means the elected board of directors, city
council, commissioners, or board of any consumer-owned utility.
(8) "High efficiency cogeneration" means the sequential production
of electricity and useful thermal energy from a common fuel source,
where, under normal operating conditions, the facility has a useful
thermal energy output of no less than thirty-three percent of the total
energy output.
(9) "Integrated resource plan" means an analysis describing the mix
of generating resources and conservation and efficiency resources that
will meet current and projected needs at the lowest reasonable cost to
the utility and its ratepayers and that complies with the requirements
specified in RCW 19.280.030(1).
(10) "Investor-owned utility" means a corporation owned by
investors that meets the definition in RCW 80.04.010 and is engaged in
distributing electricity to more than one retail electric customer in
the state.
(11) "Lowest reasonable cost" means the lowest cost mix of
generating resources and conservation and efficiency resources
determined through a detailed and consistent analysis of a wide range
of commercially available resources. At a minimum, this analysis must
consider resource cost, market-volatility risks, demand-side resource
uncertainties, resource dispatchability, resource effect on system
operation, the risks imposed on the utility and its ratepayers, public
policies regarding resource preference adopted by Washington state or
the federal government, and the cost of risks associated with
environmental effects including emissions of carbon dioxide.
(12) "Plan" means either an "integrated resource plan" or a
"resource plan."
(13) "Renewable resources" means electricity generation facilities
fueled by: (a) Water; (b) wind; (c) solar energy; (d) geothermal
energy; (e) landfill gas; (f) biomass energy utilizing animal waste,
solid organic fuels from wood, forest, or field residues or dedicated
energy crops that do not include wood pieces that have been treated
with chemical preservatives such as creosote, pentachlorophenol, or
copper-chrome-arsenic; (g) byproducts of pulping or wood manufacturing
processes, including but not limited to bark, wood chips, sawdust, and
lignin in spent pulping liquors; (h) ocean thermal, wave, or tidal
power; or (i) gas from sewage treatment facilities.
(14) "Resource plan" means an assessment that estimates electricity
loads and resources over a defined period of time and complies with the
requirements in RCW 19.280.030(2).
Sec. 20 RCW 19.285.030 and 2007 c 1 s 3 (Initiative Measure No.
937) are each amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Attorney general" means the Washington state office of the
attorney general.
(2) "Auditor" means: (a) The Washington state auditor's office or
its designee for qualifying utilities under its jurisdiction that are
not investor-owned utilities; or (b) an independent auditor selected by
a qualifying utility that is not under the jurisdiction of the state
auditor and is not an investor-owned utility.
(3) "Commission" means the Washington state utilities and
transportation commission.
(4) "Conservation" means any reduction in electric power
consumption resulting from increases in the efficiency of energy use,
production, or distribution.
(5) "Cost-effective" has the same meaning as defined in RCW
80.52.030.
(6) "Council" means the Washington state apprenticeship and
training council within the department of labor and industries.
(7) "Customer" means a person or entity that purchases electricity
for ultimate consumption and not for resale.
(8) "Department" means the department of ((community, trade, and
economic development)) commerce or its successor.
(9) "Distributed generation" means an eligible renewable resource
where the generation facility or any integrated cluster of such
facilities has a generating capacity of not more than five megawatts.
(10) "Eligible renewable resource" means:
(a) Electricity from a generation facility powered by a renewable
resource other than fresh water that commences operation after March
31, 1999, where: (i) The facility is located in the Pacific Northwest;
or (ii) the electricity from the facility is delivered into Washington
state on a real-time basis without shaping, storage, or integration
services; or
(b) Incremental electricity produced as a result of efficiency
improvements completed after March 31, 1999, to hydroelectric
generation projects owned by a qualifying utility and located in the
Pacific Northwest or to hydroelectric generation in irrigation pipes
and canals located in the Pacific Northwest, where the additional
generation in either case does not result in new water diversions or
impoundments.
(11) "Investor-owned utility" has the same meaning as defined in
RCW 19.29A.010.
(12) "Load" means the amount of kilowatt-hours of electricity
delivered in the most recently completed year by a qualifying utility
to its Washington retail customers.
(13) "Nonpower attributes" means all environmentally related
characteristics, exclusive of energy, capacity reliability, and other
electrical power service attributes, that are associated with the
generation of electricity from a renewable resource, including but not
limited to the facility's fuel type, geographic location, vintage,
qualification as an eligible renewable resource, and avoided emissions
of pollutants to the air, soil, or water, and avoided emissions of
carbon dioxide and other greenhouse gases.
(14) "Pacific Northwest" has the same meaning as defined for the
Bonneville power administration in section 3 of the Pacific Northwest
electric power planning and conservation act (94 Stat. 2698; 16 U.S.C.
Sec. 839a).
(15) "Public facility" has the same meaning as defined in RCW
39.35C.010.
(16) "Qualifying utility" means an electric utility, as the term
"electric utility" is defined in RCW 19.29A.010, that serves more than
twenty-five thousand customers in the state of Washington. The number
of customers served may be based on data reported by a utility in form
861, "annual electric utility report," filed with the energy
information administration, United States department of energy.
(17) "Renewable energy credit" means a tradable certificate of
proof of at least one megawatt-hour of an eligible renewable resource
where the generation facility is not powered by fresh water, the
certificate includes all of the nonpower attributes associated with
that one megawatt-hour of electricity, and the certificate is verified
by a renewable energy credit tracking system selected by the
department.
(18) "Renewable resource" means: (a) Water; (b) wind; (c) solar
energy; (d) geothermal energy; (e) landfill gas; (f) wave, ocean, or
tidal power; (g) gas from sewage treatment facilities; (h) biodiesel
fuel as defined in RCW 82.29A.135 that is not derived from crops raised
on land cleared from old growth or first-growth forests where the
clearing occurred after December 7, 2006; and (i) biomass energy based
on animal waste or solid organic fuels from wood, forest, or field
residues, or dedicated energy crops that do not include (i) wood pieces
that have been treated with chemical preservatives such as creosote,
pentachlorophenol, or copper-chrome-arsenic; (ii) black liquor
byproduct from paper production; (iii) wood from old growth forests; or
(iv) municipal solid waste.
(19) "Rule" means rules adopted by an agency or other entity of
Washington state government to carry out the intent and purposes of
this chapter.
(20) "Year" means the twelve-month period commencing January 1st
and ending December 31st.
Sec. 21 RCW 35.105.010 and 2008 c 299 s 2 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Community and urban forest assessment" means an analysis of
the community and urban forest inventory to: Establish the scope and
scale of forest-related benefits and services; determine the economic
valuation of such benefits, highlight trends, and issues of concern;
identify high priority areas to be addressed; outline strategies for
addressing the critical issues and urban landscapes; and identify
opportunities for retaining trees, expanding forest canopy, and
planting additional trees to sustain Washington's urban and community
forests.
(2) "Community and urban forest inventory" means a management tool
designed to gauge the condition, management status, health, and
diversity of a community and urban forest. An inventory may evaluate
individual trees or groups of trees or canopy cover within community
and urban forests, and will be periodically updated by the department
of natural resources.
(3) "Department" means the department of ((community, trade, and
economic development)) commerce.
(4) "Evergreen community ordinances" means ordinances adopted by
the legislative body of a city, town, or county that relate to urban
forests and are consistent with this chapter.
(5) "Evergreen community" means a city, town, or county designated
as such under RCW 35.105.030.
(6) "Management plan" means an evergreen community urban forest
management plan developed pursuant to this chapter.
(7) "Public facilities" has the same meaning as defined in RCW
36.70A.030.
(8) "Public forest" means urban forests owned by the state, city,
town, county, or other public entity within or adjacent to the urban
growth areas.
(9) "Reforestation" means establishing and maintaining trees and
urban forest canopy in plantable spaces such as street rights-of-way,
transportation corridors, interchanges and highways, riparian areas,
unstable slopes, shorelines, public lands, and property of willing
private landowners.
(10) "Tree canopy" means the layer of leaves, branches, and stems
of trees that cover the ground when viewed from above and that can be
measured as a percentage of a land area shaded by trees.
(11) "Urban forest" has the same definition as provided for the
term "community and urban forest" in RCW 76.15.010.
Sec. 22 RCW 36.70A.030 and 2005 c 423 s 2 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Adopt a comprehensive land use plan" means to enact a new
comprehensive land use plan or to update an existing comprehensive land
use plan.
(2) "Agricultural land" means land primarily devoted to the
commercial production of horticultural, viticultural, floricultural,
dairy, apiary, vegetable, or animal products or of berries, grain, hay,
straw, turf, seed, Christmas trees not subject to the excise tax
imposed by RCW 84.33.100 through 84.33.140, finfish in upland
hatcheries, or livestock, and that has long-term commercial
significance for agricultural production.
(3) "City" means any city or town, including a code city.
(4) "Comprehensive land use plan," "comprehensive plan," or "plan"
means a generalized coordinated land use policy statement of the
governing body of a county or city that is adopted pursuant to this
chapter.
(5) "Critical areas" include the following areas and ecosystems:
(a) Wetlands; (b) areas with a critical recharging effect on aquifers
used for potable water; (c) fish and wildlife habitat conservation
areas; (d) frequently flooded areas; and (e) geologically hazardous
areas.
(6) "Department" means the department of ((community, trade, and
economic development)) commerce.
(7) "Development regulations" or "regulation" means the controls
placed on development or land use activities by a county or city,
including, but not limited to, zoning ordinances, critical areas
ordinances, shoreline master programs, official controls, planned unit
development ordinances, subdivision ordinances, and binding site plan
ordinances together with any amendments thereto. A development
regulation does not include a decision to approve a project permit
application, as defined in RCW 36.70B.020, even though the decision may
be expressed in a resolution or ordinance of the legislative body of
the county or city.
(8) "Forest land" means land primarily devoted to growing trees for
long-term commercial timber production on land that can be economically
and practically managed for such production, including Christmas trees
subject to the excise tax imposed under RCW 84.33.100 through
84.33.140, and that has long-term commercial significance. In
determining whether forest land is primarily devoted to growing trees
for long-term commercial timber production on land that can be
economically and practically managed for such production, the following
factors shall be considered: (a) The proximity of the land to urban,
suburban, and rural settlements; (b) surrounding parcel size and the
compatibility and intensity of adjacent and nearby land uses; (c) long-term local economic conditions that affect the ability to manage for
timber production; and (d) the availability of public facilities and
services conducive to conversion of forest land to other uses.
(9) "Geologically hazardous areas" means areas that because of
their susceptibility to erosion, sliding, earthquake, or other
geological events, are not suited to the siting of commercial,
residential, or industrial development consistent with public health or
safety concerns.
(10) "Long-term commercial significance" includes the growing
capacity, productivity, and soil composition of the land for long-term
commercial production, in consideration with the land's proximity to
population areas, and the possibility of more intense uses of the land.
(11) "Minerals" include gravel, sand, and valuable metallic
substances.
(12) "Public facilities" include streets, roads, highways,
sidewalks, street and road lighting systems, traffic signals, domestic
water systems, storm and sanitary sewer systems, parks and recreational
facilities, and schools.
(13) "Public services" include fire protection and suppression, law
enforcement, public health, education, recreation, environmental
protection, and other governmental services.
(14) "Recreational land" means land so designated under RCW
36.70A.1701 and that, immediately prior to this designation, was
designated as agricultural land of long-term commercial significance
under RCW 36.70A.170. Recreational land must have playing fields and
supporting facilities existing before July 1, 2004, for sports played
on grass playing fields.
(15) "Rural character" refers to the patterns of land use and
development established by a county in the rural element of its
comprehensive plan:
(a) In which open space, the natural landscape, and vegetation
predominate over the built environment;
(b) That foster traditional rural lifestyles, rural-based
economies, and opportunities to both live and work in rural areas;
(c) That provide visual landscapes that are traditionally found in
rural areas and communities;
(d) That are compatible with the use of the land by wildlife and
for fish and wildlife habitat;
(e) That reduce the inappropriate conversion of undeveloped land
into sprawling, low-density development;
(f) That generally do not require the extension of urban
governmental services; and
(g) That are consistent with the protection of natural surface
water flows and groundwater and surface water recharge and discharge
areas.
(16) "Rural development" refers to development outside the urban
growth area and outside agricultural, forest, and mineral resource
lands designated pursuant to RCW 36.70A.170. Rural development can
consist of a variety of uses and residential densities, including
clustered residential development, at levels that are consistent with
the preservation of rural character and the requirements of the rural
element. Rural development does not refer to agriculture or forestry
activities that may be conducted in rural areas.
(17) "Rural governmental services" or "rural services" include
those public services and public facilities historically and typically
delivered at an intensity usually found in rural areas, and may include
domestic water systems, fire and police protection services,
transportation and public transit services, and other public utilities
associated with rural development and normally not associated with
urban areas. Rural services do not include storm or sanitary sewers,
except as otherwise authorized by RCW 36.70A.110(4).
(18) "Urban growth" refers to growth that makes intensive use of
land for the location of buildings, structures, and impermeable
surfaces to such a degree as to be incompatible with the primary use of
land for the production of food, other agricultural products, or fiber,
or the extraction of mineral resources, rural uses, rural development,
and natural resource lands designated pursuant to RCW 36.70A.170. A
pattern of more intensive rural development, as provided in RCW
36.70A.070(5)(d), is not urban growth. When allowed to spread over
wide areas, urban growth typically requires urban governmental
services. "Characterized by urban growth" refers to land having urban
growth located on it, or to land located in relationship to an area
with urban growth on it as to be appropriate for urban growth.
(19) "Urban growth areas" means those areas designated by a county
pursuant to RCW 36.70A.110.
(20) "Urban governmental services" or "urban services" include
those public services and public facilities at an intensity
historically and typically provided in cities, specifically including
storm and sanitary sewer systems, domestic water systems, street
cleaning services, fire and police protection services, public transit
services, and other public utilities associated with urban areas and
normally not associated with rural areas.
(21) "Wetland" or "wetlands" means areas that are inundated or
saturated by surface water or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas. Wetlands do not include those artificial wetlands
intentionally created from nonwetland sites, including, but not limited
to, irrigation and drainage ditches, grass-lined swales, canals,
detention facilities, wastewater treatment facilities, farm ponds, and
landscape amenities, or those wetlands created after July 1, 1990, that
were unintentionally created as a result of the construction of a road,
street, or highway. Wetlands may include those artificial wetlands
intentionally created from nonwetland areas created to mitigate
conversion of wetlands.
Sec. 23 RCW 39.86.110 and 1995 c 399 s 57 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Agency" means the department of ((community, trade, and
economic development)) commerce.
(2) "Board" means the community economic revitalization board
established under chapter 43.160 RCW.
(3) "Bonds" means bonds, notes, or other obligations of an issuer.
(4) "Bond use category" means any of the following categories of
bonds which are subject to the state ceiling: (a) Housing, (b) student
loans, (c) small issue, (d) exempt facility, (e) redevelopment, (f)
public utility; and (g) remainder.
(5) "Carryforward" is an allocation or reallocation of the state
ceiling which is carried from one calendar year to a later year, in
accordance with the code.
(6) "Code" means the federal internal revenue code of 1986 as it
exists on May 8, 1987. It also means the code as amended after May 8,
1987, but only if the amendments are approved by the agency under RCW
39.86.180.
(7) "Director" means the director of the agency or the director's
designee.
(8) "Exempt facility" means the bond use category which includes
all bonds which are exempt facility bonds as described in the code,
except those for qualified residential rental projects.
(9) "Firm and convincing evidence" means documentation that
satisfies the director that the issuer is committed to the prompt
financing of, and will issue tax exempt bonds for, the project or
program for which it requests an allocation from the state ceiling.
(10) "Housing" means the bond use category which includes: (a)
Mortgage revenue bonds and mortgage credit certificates as described in
the code; and (b) exempt facility bonds for qualified residential
rental projects as described in the code.
(11) "Initial allocation" means the portion or dollar value of the
state ceiling which initially in each calendar year is allocated to a
bond use category for the issuance of private activity bonds, in
accordance with RCW 39.86.120.
(12) "Issuer" means the state, any agency or instrumentality of the
state, any political subdivision, or any other entity authorized to
issue private activity bonds under state law.
(13) "Private activity bonds" means obligations that are private
activity bonds as defined in the code or bonds for purposes described
in section 1317(25) of the tax reform act of 1986.
(14) "Program" means the activities for which housing bonds or
student loan bonds may be issued.
(15) "Public utility" means the bond use category which includes
those bonds described in section 1317(25) of the tax reform act of
1986.
(16) "Redevelopment" means the bond use category which includes
qualified redevelopment bonds as described in the code.
(17) "Remainder" means that portion of the state ceiling remaining
after initial allocations are made under RCW 39.86.120 for any other
bond use category.
(18) "Small issue" means the bond use category which includes all
industrial development bonds that constitute qualified small issue
bonds, as described in the code.
(19) "State" means the state of Washington.
(20) "State ceiling" means the volume limitation for each calendar
year on tax-exempt private activity bonds, as imposed by the code.
(21) "Student loans" means the bond use category which includes
qualified student loan bonds as described in the code.
Sec. 24 RCW 42.17.2401 and 2007 c 341 s 48, 2007 c 241 s 2, and
2007 c 15 s 1 are each reenacted and amended to read as follows:
For the purposes of RCW 42.17.240, the term "executive state
officer" includes:
(1) The chief administrative law judge, the director of
agriculture, the administrator of the Washington basic health plan, the
director of the department of services for the blind, the director of
the state system of community and technical colleges, the director of
((community, trade, and economic development)) commerce, the secretary
of corrections, the director of early learning, the director of
ecology, the commissioner of employment security, the chair of the
energy facility site evaluation council, the secretary of the state
finance committee, the director of financial management, the director
of fish and wildlife, the executive secretary of the forest practices
appeals board, the director of the gambling commission, the director of
general administration, the secretary of health, the administrator of
the Washington state health care authority, the executive secretary of
the health care facilities authority, the executive secretary of the
higher education facilities authority, the executive secretary of the
horse racing commission, the executive secretary of the human rights
commission, the executive secretary of the indeterminate sentence
review board, the director of the department of information services,
the executive director of the state investment board, the director of
labor and industries, the director of licensing, the director of the
lottery commission, the director of the office of minority and women's
business enterprises, the director of parks and recreation, the
director of personnel, the executive director of the public disclosure
commission, the executive director of the Puget Sound partnership, the
director of the recreation and conservation office, the director of
retirement systems, the director of revenue, the secretary of social
and health services, the chief of the Washington state patrol, the
executive secretary of the board of tax appeals, the secretary of
transportation, the secretary of the utilities and transportation
commission, the director of veterans affairs, the president of each of
the regional and state universities and the president of The Evergreen
State College, and each district and each campus president of each
state community college;
(2) Each professional staff member of the office of the governor;
(3) Each professional staff member of the legislature; and
(4) Central Washington University board of trustees, the boards of
trustees of each community college and each technical college, each
member of the state board for community and technical colleges, state
convention and trade center board of directors, committee for deferred
compensation, Eastern Washington University board of trustees,
Washington economic development finance authority, The Evergreen State
College board of trustees, executive ethics board, forest practices
appeals board, forest practices board, gambling commission, life
sciences discovery fund authority board of trustees, Washington health
care facilities authority, each member of the Washington health
services commission, higher education coordinating board, higher
education facilities authority, horse racing commission, state housing
finance commission, human rights commission, indeterminate sentence
review board, board of industrial insurance appeals, information
services board, recreation and conservation funding board, state
investment board, commission on judicial conduct, legislative ethics
board, liquor control board, lottery commission, marine oversight
board, Pacific Northwest electric power and conservation planning
council, parks and recreation commission, board of pilotage
commissioners, pollution control hearings board, public disclosure
commission, public pension commission, shorelines ((hearing[s]))
hearings board, public employees' benefits board, salmon recovery
funding board, board of tax appeals, transportation commission,
University of Washington board of regents, utilities and transportation
commission, Washington state maritime commission, Washington personnel
resources board, Washington public power supply system executive board,
Washington State University board of regents, Western Washington
University board of trustees, and fish and wildlife commission.
Sec. 25 RCW 43.17.010 and 2007 c 341 s 46 are each amended to
read as follows:
There shall be departments of the state government which shall be
known as (1) the department of social and health services, (2) the
department of ecology, (3) the department of labor and industries, (4)
the department of agriculture, (5) the department of fish and wildlife,
(6) the department of transportation, (7) the department of licensing,
(8) the department of general administration, (9) the department of
((community, trade, and economic development)) commerce, (10) the
department of veterans affairs, (11) the department of revenue, (12)
the department of retirement systems, (13) the department of
corrections, (14) the department of health, (15) the department of
financial institutions, (16) the department of archaeology and historic
preservation, (17) the department of early learning, and (18) the Puget
Sound partnership, which shall be charged with the execution,
enforcement, and administration of such laws, and invested with such
powers and required to perform such duties, as the legislature may
provide.
Sec. 26 RCW 43.17.020 and 2007 c 341 s 47 are each amended to
read as follows:
There shall be a chief executive officer of each department to be
known as: (1) The secretary of social and health services, (2) the
director of ecology, (3) the director of labor and industries, (4) the
director of agriculture, (5) the director of fish and wildlife, (6) the
secretary of transportation, (7) the director of licensing, (8) the
director of general administration, (9) the director of ((community,
trade, and economic development)) commerce, (10) the director of
veterans affairs, (11) the director of revenue, (12) the director of
retirement systems, (13) the secretary of corrections, (14) the
secretary of health, (15) the director of financial institutions, (16)
the director of the department of archaeology and historic
preservation, (17) the director of early learning, and (18) the
executive director of the Puget Sound partnership.
Such officers, except the director of fish and wildlife, shall be
appointed by the governor, with the consent of the senate, and hold
office at the pleasure of the governor. The director of fish and
wildlife shall be appointed by the fish and wildlife commission as
prescribed by RCW 77.04.055.
Sec. 27 RCW 43.21F.025 and 1996 c 186 s 102 are each amended to
read as follows:
(1) "Energy" means petroleum or other liquid fuels; natural or
synthetic fuel gas; solid carbonaceous fuels; fissionable nuclear
material; electricity; solar radiation; geothermal resources;
hydropower; organic waste products; wind; tidal activity; any other
substance or process used to produce heat, light, or motion; or the
savings from nongeneration technologies, including conservation or
improved efficiency in the usage of any of the sources described in
this subsection;
(2) "Person" means an individual, partnership, joint venture,
private or public corporation, association, firm, public service
company, political subdivision, municipal corporation, government
agency, public utility district, joint operating agency, or any other
entity, public or private, however organized;
(3) "Director" means the director of the department of ((community,
trade, and economic development)) commerce;
(4) "Assistant director" means the assistant director of the
department of ((community, trade, and economic development)) commerce
responsible for energy policy activities;
(5) "Department" means the department of ((community, trade, and
economic development)) commerce;
(6) "Distributor" means any person, private corporation,
partnership, individual proprietorship, utility, including investor-owned utilities, municipal utility, public utility district, joint
operating agency, or cooperative, which engages in or is authorized to
engage in the activity of generating, transmitting, or distributing
energy in this state; and
(7) "State energy strategy" means the document and energy policy
direction developed under section 1, chapter 201, Laws of 1991
including any related appendices.
Sec. 28 RCW 43.31.455 and 2005 c 402 s 3 are each amended to read
as follows:
The definitions in this section apply throughout RCW 43.31.450
through 43.31.475 unless the context clearly requires otherwise.
(1) "Department" means the department of ((community, trade, and
economic development)) commerce.
(2) "Director" means the director of the department of ((community,
trade, and economic development)) commerce.
(3) "Foster youth" means a person who is fifteen years of age or
older who is a dependent of the department of social and health
services; or a person who is at least fifteen years of age, but not
more than twenty-three years of age, who was a dependent of the
department of social and health services for at least twenty-four
months after attaining thirteen years of age.
(4) "Individual development account" or "account" means an account
established by contract between a low-income individual and a
sponsoring organization for the benefit of the low-income individual
and funded through periodic contributions by the low-income individual
which are matched with contributions by or through the sponsoring
organization.
(5) "Low-income individual" means a person whose household income
is equal to or less than either:
(a) Eighty percent of the median family income, adjusted for
household size, for the county or metropolitan statistical area where
the person resides; or
(b) Two hundred percent of the federal poverty guidelines updated
periodically in the federal register by the United States department of
health and human services under the authority of 42 U.S.C. 9902(2).
(6) "Program" means the individual development account program
established pursuant to RCW 43.31.450 through 43.31.475.
(7) "Sponsoring organization" means: (a) A nonprofit, fund-raising
organization that is exempt from taxation under section 501(c)(3) of
the internal revenue code as amended and in effect on January 1, 2005;
(b) a housing authority established under RCW 35.82.030; or (c) a
federally recognized Indian tribe.
Sec. 29 RCW 43.31.522 and 2005 c 136 s 17 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout RCW 43.31.524:
(1) "Department" means the department of ((community, trade, and
economic development)) commerce.
(2) "Director" means the director of ((community, trade, and
economic development)) commerce.
(3) "Local nonprofit organization" means a local nonprofit
organization organized to provide economic development or community
development services, including but not limited to associate
development organizations, economic development councils, and community
development corporations.
Sec. 30 RCW 43.31.800 and 1993 c 280 s 52 are each amended to
read as follows:
"Director" as used in RCW 43.31.790 through 43.31.850 and 67.16.100
means the director of ((community, trade, and economic development))
commerce.
Sec. 31 RCW 43.31C.010 and 2000 c 212 s 2 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Area" means a geographic area within a local government that
is described by a close perimeter boundary.
(2) "Community empowerment zone" means an area meeting the
requirements of RCW 43.31C.020 and officially designated by the
director.
(3) "Department" means the department of ((community, trade, and
economic development)) commerce.
(4) "Director" means the director of the department of ((community,
trade, and economic development)) commerce.
(5) "Local government" means a city, code city, town, or county.
Sec. 32 RCW 43.105.020 and 2003 c 18 s 2 are each amended to read
as follows:
As used in this chapter, unless the context indicates otherwise,
the following definitions shall apply:
(1) "Department" means the department of information services;
(2) "Board" means the information services board;
(3) "Committee" means the state interoperability executive
committee;
(4) "Local governments" includes all municipal and quasi municipal
corporations and political subdivisions, and all agencies of such
corporations and subdivisions authorized to contract separately;
(5) "Director" means the director of the department;
(6) "Purchased services" means services provided by a vendor to
accomplish routine, continuing, and necessary functions. This term
includes, but is not limited to, services acquired for equipment
maintenance and repair, operation of a physical plant, security,
computer hardware and software installation and maintenance,
telecommunications installation and maintenance, data entry, keypunch
services, programming services, and computer time-sharing;
(7) "Backbone network" means the shared high-density portions of
the state's telecommunications transmission facilities. It includes
specially conditioned high-speed communications carrier lines,
multiplexors, switches associated with such communications lines, and
any equipment and software components necessary for management and
control of the backbone network;
(8) "Telecommunications" means the transmission of information by
wire, radio, optical cable, electromagnetic, or other means;
(9) "Information" includes, but is not limited to, data, text,
voice, and video;
(10) "Information processing" means the electronic capture,
collection, storage, manipulation, transmission, retrieval, and
presentation of information in the form of data, text, voice, or image
and includes telecommunications and office automation functions;
(11) "Information services" means data processing,
telecommunications, office automation, and computerized information
systems;
(12) "Equipment" means the machines, devices, and transmission
facilities used in information processing, such as computers, word
processors, terminals, telephones, wireless communications system
facilities, cables, and any physical facility necessary for the
operation of such equipment;
(13) "Information technology portfolio" or "portfolio" means a
strategic management process documenting relationships between agency
missions and information technology and telecommunications investments;
(14) "Oversight" means a process of comprehensive risk analysis and
management designed to ensure optimum use of information technology
resources and telecommunications;
(15) "Proprietary software" means that software offered for sale or
license;
(16) "Video telecommunications" means the electronic
interconnection of two or more sites for the purpose of transmitting
and/or receiving visual and associated audio information. Video
telecommunications shall not include existing public television
broadcast stations as currently designated by the department of
((community, trade, and economic development)) commerce under chapter
43.330 RCW;
(17) "K-20 educational network board" or "K-20 board" means the K-20 educational network board created in RCW 43.105.800;
(18) "K-20 network technical steering committee" or "committee"
means the K-20 network technical steering committee created in RCW
43.105.810;
(19) "K-20 network" means the network established in RCW
43.105.820;
(20) "Educational sectors" means those institutions of higher
education, school districts, and educational service districts that use
the network for distance education, data transmission, and other uses
permitted by the K-20 board.
Sec. 33 RCW 43.155.020 and 2001 c 131 s 1 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section shall apply throughout this chapter.
(1) "Board" means the public works board created in RCW 43.155.030.
(2) "Capital facility plan" means a capital facility plan required
by the growth management act under chapter 36.70A RCW or, for local
governments not fully planning under the growth management act, a plan
required by the public works board.
(3) "Department" means the department of ((community, trade, and
economic development)) commerce.
(4) "Financing guarantees" means the pledge of money in the public
works assistance account, or money to be received by the public works
assistance account, to the repayment of all or a portion of the
principal of or interest on obligations issued by local governments to
finance public works projects.
(5) "Local governments" means cities, towns, counties, special
purpose districts, and any other municipal corporations or quasi-municipal corporations in the state excluding school districts and port
districts.
(6) "Public works project" means a project of a local government
for the planning, acquisition, construction, repair, reconstruction,
replacement, rehabilitation, or improvement of streets and roads,
bridges, water systems, or storm and sanitary sewage systems and solid
waste facilities, including recycling facilities. A planning project
may include the compilation of biological, hydrological, or other data
on a county, drainage basin, or region necessary to develop a base of
information for a capital facility plan.
(7) "Solid waste or recycling project" means remedial actions
necessary to bring abandoned or closed landfills into compliance with
regulatory requirements and the repair, restoration, and replacement of
existing solid waste transfer, recycling facilities, and landfill
projects limited to the opening of landfill cells that are in existing
and permitted landfills.
(8) "Technical assistance" means training and other services
provided to local governments to: (a) Help such local governments
plan, apply, and qualify for loans and financing guarantees from the
board, and (b) help local governments improve their ability to plan
for, finance, acquire, construct, repair, replace, rehabilitate, and
maintain public facilities.
Sec. 34 RCW 43.157.010 and 2004 c 275 s 63 are each amended to
read as follows:
(1) For purposes of this chapter and RCW 28A.525.166, 28B.76.210,
28C.18.080, 43.21A.350, 47.06.030, and 90.58.100 and an industrial
project of statewide significance is a border crossing project that
involves both private and public investments carried out in conjunction
with adjacent states or provinces or a private industrial development
with private capital investment in manufacturing or research and
development. To qualify as an industrial project of statewide
significance: (a) The project must be completed after January 1, 1997;
(b) the applicant must submit an application for designation as an
industrial project of statewide significance to the department of
((community, trade, and economic development)) commerce; and (c) the
project must have:
(i) In counties with a population of less than or equal to twenty
thousand, a capital investment of twenty million dollars;
(ii) In counties with a population of greater than twenty thousand
but no more than fifty thousand, a capital investment of fifty million
dollars;
(iii) In counties with a population of greater than fifty thousand
but no more than one hundred thousand, a capital investment of one
hundred million dollars;
(iv) In counties with a population of greater than one hundred
thousand but no more than two hundred thousand, a capital investment of
two hundred million dollars;
(v) In counties with a population of greater than two hundred
thousand but no more than four hundred thousand, a capital investment
of four hundred million dollars;
(vi) In counties with a population of greater than four hundred
thousand but no more than one million, a capital investment of six
hundred million dollars;
(vii) In counties with a population of greater than one million, a
capital investment of one billion dollars;
(viii) In counties with fewer than one hundred persons per square
mile as determined annually by the office of financial management and
published by the department of revenue effective for the period July
1st through June 30th, projected full-time employment positions after
completion of construction of fifty or greater;
(ix) In counties with one hundred or more persons per square mile
as determined annually by the office of financial management and
published by the department of revenue effective for the period July
1st through June 30th, projected full-time employment positions after
completion of construction of one hundred or greater; or
(x) Been designated by the director of community, trade, and
economic development as an industrial project of statewide significance
either: (A) Because the county in which the project is to be located
is a distressed county and the economic circumstances of the county
merit the additional assistance such designation will bring; or (B)
because the impact on a region due to the size and complexity of the
project merits such designation.
(2) The term manufacturing shall have the meaning assigned it in
RCW 82.61.010.
(3) The term research and development shall have the meaning
assigned it in RCW 82.61.010.
(4) The term applicant means a person applying to the department of
((community, trade, and economic development)) commerce for designation
of a development project as an industrial project of statewide
significance.
Sec. 35 RCW 43.160.020 and 2008 c 327 s 2 and 2008 c 131 s 1 are
each reenacted and amended to read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Board" means the community economic revitalization board.
(2) "Department" means the department of ((community, trade, and
economic development)) commerce.
(3) "Local government" or "political subdivision" means any port
district, county, city, town, special purpose district, and any other
municipal corporations or quasi-municipal corporations in the state
providing for public facilities under this chapter.
(4) "Public facilities" means a project of a local government or a
federally recognized Indian tribe for the planning, acquisition,
construction, repair, reconstruction, replacement, rehabilitation, or
improvement of bridges, roads, domestic and industrial water, earth
stabilization, sanitary sewer, storm sewer, railroad, electricity,
telecommunications, transportation, natural gas, buildings or
structures, and port facilities, all for the purpose of job creation,
job retention, or job expansion.
(5) "Rural county" means a county with a population density of
fewer than one hundred persons per square mile or a county smaller than
two hundred twenty-five square miles, as determined by the office of
financial management and published each year by the department for the
period July 1st to June 30th.
Sec. 36 RCW 43.168.020 and 2008 c 131 s 2 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Department" means the department of ((community, trade, and
economic development)) commerce.
(2) "Director" means the director of ((community, trade, and
economic development)) commerce.
(3) "Distressed area" means: (a) A rural county; (b) a county
which has an unemployment rate which is twenty percent above the state
average for the immediately previous three years; (c) a county that has
a median household income that is less than seventy-five percent of the
state median household income for the previous three years; (d) a
metropolitan statistical area, as defined by the office of federal
statistical policy and standards, United States department of commerce,
in which the average level of unemployment for the calendar year
immediately preceding the year in which an application is filed under
this chapter exceeds the average state unemployment for such calendar
year by twenty percent; or (e) an area within a county, which area:
(i) Is composed of contiguous census tracts; (ii) has a minimum
population of five thousand persons; (iii) has at least seventy percent
of its families and unrelated individuals with incomes below eighty
percent of the county's median income for families and unrelated
individuals; and (iv) has an unemployment rate which is at least forty
percent higher than the county's unemployment rate. For purposes of
this definition, "families and unrelated individuals" has the same
meaning that is ascribed to that term by the federal department of
housing and urban development in its regulations authorizing action
grants for economic development and neighborhood revitalization
projects.
(4) "Fund" means the rural Washington loan fund.
(5) "Local development organization" means a nonprofit organization
which is organized to operate within an area, demonstrates a commitment
to a long-standing effort for an economic development program, and
makes a demonstrable effort to assist in the employment of unemployed
or underemployed residents in an area.
(6) "Project" means the establishment of a new or expanded business
in an area which when completed will provide employment opportunities.
"Project" also means the retention of an existing business in an area
which when completed will provide employment opportunities.
(7) "Rural county" has the same meaning as provided in RCW
82.14.370.
Sec. 37 RCW 43.185.020 and 1995 c 399 s 101 are each amended to
read as follows:
"Department" means the department of ((community, trade, and
economic development)) commerce. "Director" means the director of the
department of ((community, trade, and economic development)) commerce.
Sec. 38 RCW 43.185A.010 and 2008 c 6 s 301 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Affordable housing" means residential housing for rental
occupancy which, as long as the same is occupied by low-income
households, requires payment of monthly housing costs, including
utilities other than telephone, of no more than thirty percent of the
family's income. The department shall adopt policies for residential
homeownership housing, occupied by low-income households, which specify
the percentage of family income that may be spent on monthly housing
costs, including utilities other than telephone, to qualify as
affordable housing.
(2) "Department" means the department of ((community, trade, and
economic development)) commerce.
(3) "Director" means the director of the department of ((community,
trade, and economic development)) commerce.
(4) "First-time home buyer" means an individual or his or her
spouse or domestic partner who have not owned a home during the three-year period prior to purchase of a home.
(5) "Low-income household" means a single person, family or
unrelated persons living together whose adjusted income is less than
eighty percent of the median family income, adjusted for household
size, for the county where the project is located.
Sec. 39 RCW 43.185B.010 and 1995 c 399 s 104 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Affordable housing" means residential housing that is rented
or owned by a person or household whose monthly housing costs,
including utilities other than telephone, do not exceed thirty percent
of the household's monthly income.
(2) "Department" means the department of ((community, trade, and
economic development)) commerce.
(3) "Director" means the director of ((community, trade, and
economic development)) commerce.
(4) "Nonprofit organization" means any public or private nonprofit
organization that: (a) Is organized under federal, state, or local
laws; (b) has no part of its net earnings inuring to the benefit of any
member, founder, contributor, or individual; and (c) has among its
purposes significant activities related to the provision of decent
housing that is affordable to very low-income, low-income, or moderate-income households and special needs populations.
(5) "Regulatory barriers to affordable housing" and "regulatory
barriers" mean any public policies (including those embodied in
statutes, ordinances, regulations, or administrative procedures or
processes) required to be identified by the state or local government
in connection with its strategy under section 105(b)(4) of the
Cranston-Gonzalez national affordable housing act (42 U.S.C. 12701 et
seq.).
(6) "Tenant-based organization" means a nonprofit organization
whose governing body includes a majority of members who reside in the
housing development and are considered low-income households.
Sec. 40 RCW 43.185C.010 and 2007 c 427 s 3 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Department" means the department of ((community, trade, and
economic development)) commerce.
(2) "Director" means the director of the department of ((community,
trade, and economic development)) commerce.
(3) "Homeless person" means an individual living outside or in a
building not meant for human habitation or which they have no legal
right to occupy, in an emergency shelter, or in a temporary housing
program which may include a transitional and supportive housing program
if habitation time limits exist. This definition includes substance
abusers, people with mental illness, and sex offenders who are
homeless.
(4) "Washington homeless census" means an annual statewide census
conducted as a collaborative effort by towns, cities, counties,
community-based organizations, and state agencies, with the technical
support and coordination of the department, to count and collect data
on all homeless individuals in Washington.
(5) "Home security fund account" means the state treasury account
receiving the state's portion of income from revenue from the sources
established by RCW 36.22.179, RCW 36.22.1791, and all other sources
directed to the homeless housing and assistance program.
(6) "Homeless housing grant program" means the vehicle by which
competitive grants are awarded by the department, utilizing moneys from
the ((homeless housing)) home security fund account, to local
governments for programs directly related to housing homeless
individuals and families, addressing the root causes of homelessness,
preventing homelessness, collecting data on homeless individuals, and
other efforts directly related to housing homeless persons.
(7) "Local government" means a county government in the state of
Washington or a city government, if the legislative authority of the
city affirmatively elects to accept the responsibility for housing
homeless persons within its borders.
(8) "Housing continuum" means the progression of individuals along
a housing-focused continuum with homelessness at one end and
homeownership at the other.
(9) "Local homeless housing task force" means a voluntary local
committee created to advise a local government on the creation of a
local homeless housing plan and participate in a local homeless housing
program. It must include a representative of the county, a
representative of the largest city located within the county, at least
one homeless or formerly homeless person, such other members as may be
required to maintain eligibility for federal funding related to housing
programs and services and if feasible, a representative of a private
nonprofit organization with experience in low-income housing.
(10) "Long-term private or public housing" means subsidized and
unsubsidized rental or owner-occupied housing in which there is no
established time limit for habitation of less than two years.
(11) "Interagency council on homelessness" means a committee
appointed by the governor and consisting of, at least, policy level
representatives of the following entities: (a) The department of
((community, trade, and economic development)) commerce; (b) the
department of corrections; (c) the department of social and health
services; (d) the department of veterans affairs; and (e) the
department of health.
(12) "Performance measurement" means the process of comparing
specific measures of success against ultimate and interim goals.
(13) "Community action agency" means a nonprofit private or public
organization established under the economic opportunity act of 1964.
(14) "Housing authority" means any of the public corporations
created by chapter 35.82 RCW.
(15) "Homeless housing program" means the program authorized under
this chapter as administered by the department at the state level and
by the local government or its designated subcontractor at the local
level.
(16) "Homeless housing plan" means the ten-year plan developed by
the county or other local government to address housing for homeless
persons.
(17) "Homeless housing strategic plan" means the ten-year plan
developed by the department, in consultation with the interagency
council on homelessness and the affordable housing advisory board.
(18) "Washington homeless client management information system"
means a database of information about homeless individuals in the state
used to coordinate resources to assist homeless clients to obtain and
retain housing and reach greater levels of self-sufficiency or economic
independence when appropriate, depending upon their individual
situations.
Sec. 41 RCW 43.325.010 and 2007 c 348 s 301 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Applicant" means any political subdivision of the state,
including port districts, counties, cities, towns, special purpose
districts, and other municipal corporations or quasi-municipal
corporations. "Applicant" may also include federally recognized tribes
and state institutions of higher education with appropriate research
capabilities.
(2) "Alternative fuel" means all products or energy sources used to
propel motor vehicles, other than conventional gasoline, diesel, or
reformulated gasoline. "Alternative fuel" includes, but is not limited
to, cellulose, liquefied petroleum gas, liquefied natural gas,
compressed natural gas, biofuels, biodiesel fuel, E85 motor fuel, fuels
containing seventy percent or more by volume of alcohol fuel, fuels
that are derived from biomass, hydrogen fuel, anhydrous ammonia fuel,
nonhazardous motor fuel, or electricity, excluding onboard electric
generation.
(3) "Assistance" includes loans, leases, product purchases, or
other forms of financial or technical assistance.
(4) "Biofuel" includes, but is not limited to, biodiesel, ethanol,
and ethanol blend fuels and renewable liquid natural gas or liquid
compressed natural gas made from biogas.
(5) "Biogas" includes waste gases derived from landfills and
wastewater treatment plants and dairy and farm wastes.
(6) "Cellulose" means lignocellulosic, hemicellulosic, or other
cellulosic matter that is available on a renewable or recurring basis,
including dedicated energy crops and trees, wood and wood residues,
plants, grasses, agricultural residues, fibers, animal wastes and other
waste materials, and municipal solid waste.
(7) "Coordinator" means the person appointed by the director of the
department of ((community, trade, and economic development)) commerce.
(8) "Department" means the department of ((community, trade, and
economic development)) commerce.
(9) "Director" means the director of the department of ((community,
trade, and economic development)) commerce.
(10) "Green highway zone" means an area in the state designated by
the department that is within reasonable proximity of state route
number 5, state route number 90, and state route number 82.
(11) "Peer review committee" means a board, appointed by the
director, that includes bioenergy specialists, energy conservation
specialists, scientists, and individuals with specific recognized
expertise.
(12) "Project" means the construction of facilities, including the
purchase of equipment, to convert farm products or wastes into
electricity or gaseous or liquid fuels or other coproducts associated
with such conversion. These specifically include fixed or mobile
facilities to generate electricity or methane from the anaerobic
digestion of organic matter, and fixed or mobile facilities for
extracting oils from canola, rape, mustard, and other oilseeds.
"Project" may also include the construction of facilities associated
with such conversion for the distribution and storage of such
feedstocks and fuels.
(13) "Refueling project" means the construction of new alternative
fuel refueling facilities, as well as upgrades and expansion of
existing refueling facilities, that will enable these facilities to
offer alternative fuels to the public.
(14) "Research and development project" means research and
development, by an institution of higher education as defined in
subsection (1) of this section, relating to:
(a) Bioenergy sources including but not limited to biomass and
associated gases; or
(b) The development of markets for bioenergy coproducts.
Sec. 42 RCW 43.336.010 and 2007 c 228 s 101 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Commission" means the Washington tourism commission.
(2) "Department" means the department of ((community, trade, and
economic development)) commerce.
(3) "Director" means the director of the department.
(4) "Executive director" means the executive director of the
commission.
Sec. 43 RCW 43.338.010 and 2008 c 315 s 2 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Costs of extension services" and "extension service costs"
mean the direct costs experienced under a contract with a qualified
manufacturing extension partnership affiliate for modernization
extension services, including but not limited to amounts in the
contract for costs of consulting, instruction, materials, equipment,
rental of class space, marketing, and overhead.
(2) "Department" means the department of ((community, trade, and
economic development)) commerce.
(3) "Director" means the director of the department of ((community,
trade, and economic development)) commerce.
(4) "Innovation and modernization extension voucher" and "voucher"
mean an instrument issued to a successful applicant from the
department, verifying that funds from the manufacturing innovation and
modernization account will be forwarded to the qualified manufacturing
extension partnership affiliate selected by the participant and will
cover identified costs of extension services.
(5) "Innovation and modernization extension services" and "service"
mean a service funded under this chapter and performed by a qualified
manufacturing extension partnership affiliate. The services may
include but are not limited to strategic planning, continuous
improvement, business development, six sigma, quality improvement,
environmental health and safety, lean processes, energy management,
innovation and product development, human resources and training,
supply chain management, and project management.
(6) "Outreach services" means those activities performed by an
affiliate to either assess the technical assistance needs of Washington
manufacturers or increase manufacturers' awareness of the opportunities
and benefits of implementing cutting edge technology, techniques, and
best practices. "Outreach services" includes but is not limited to
salaries of outreach staff, needs assessments, client follow-up, public
educational events, manufacturing orientated trade shows, electronic
communications, newsletters, advertising, direct mail efforts, and
contacting business organizations for names of manufacturers who might
need assistance.
(7) "Program" means the Washington manufacturing innovation and
modernization extension service program created in RCW 43.338.020.
(8) "Program participant" and "participant" mean an applicant for
assistance under the program that has received a voucher or a small
manufacturer receiving services through an industry association or
cluster association that has received a voucher.
(9) "Qualified manufacturing extension partnership affiliate" and
"affiliate" mean a private nonprofit organization established under RCW
24.50.010 or other organization that is eligible or certified to
receive federal matching funds from the national institute of standards
and technology manufacturing extension partnership program of the
United States department of commerce.
(10) "Small manufacturer" means a private employer whose primary
business is adding value to a product through a manufacturing process
and employs one hundred or fewer employees within Washington state.
Sec. 44 RCW 43.360.010 and 2005 c 514 s 908 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Area" means a geographic area within a local government that
is described by a closed perimeter boundary.
(2) "Department" means the department of ((community, trade, and
economic development)) commerce.
(3) "Director" means the director of the department of ((community,
trade, and economic development)) commerce.
(4) "Local government" means a city, code city, or town.
(5) "Qualified levels of participation" means a local downtown or
neighborhood commercial district revitalization program that has been
designated by the department.
Sec. 45 RCW 43.362.010 and 2007 c 482 s 2 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Department" means the department of ((community, trade, and
economic development)) commerce.
(2) "Nongovernmental entities" includes nonprofit or membership
organizations with experience or expertise in transferring development
rights.
(3) "Transfer of development rights" includes methods for
protecting land from development by voluntarily removing the
development rights from a sending area and transferring them to a
receiving area for the purpose of increasing development density in the
receiving area.
Sec. 46 RCW 43.365.010 and 2006 c 247 s 2 are each amended to
read as follows:
The following definitions apply to this chapter, unless the context
clearly requires otherwise.
(1) "Approved motion picture competitiveness program" means a
nonprofit organization under the internal revenue code, section
501(c)(6), with the sole purpose of revitalizing the state's economic,
cultural, and educational standing in the national and international
market of motion picture production by recommending and awarding
financial assistance for costs associated with motion pictures in the
state of Washington.
(2) "Contribution" means cash contributions.
(3) "Costs" means actual expenses of production and postproduction
expended in Washington state for the production of motion pictures,
including but not limited to payments made for salaries, wages, and
health insurance and retirement benefits, the rental costs of machinery
and equipment and the purchase of services, food, property, lodging,
and permits for work conducted in Washington state.
(4) "Department" means the department of ((community, trade, and
economic development)) commerce.
(5) "Motion picture" means a recorded audio-visual production
intended for distribution to theaters, DVD, video, or the internet, or
television, or one or more episodes of a single television series,
television pilots or presentations, or a commercial. "Motion picture"
does not mean production of a television commercial of an amount less
than two hundred fifty thousand dollars in actual total investment or
one or more segments of a newscast or sporting event.
(6) "Funding assistance" means cash expenditures from an approved
motion picture competitiveness program.
(7) "Person" has the same meaning as provided in RCW 82.04.030.
Sec. 47 RCW 59.21.010 and 2002 c 257 s 1 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Director" means the director of the department of ((community,
trade, and economic development)) commerce.
(2) "Department" means the department of ((community, trade, and
economic development)) commerce.
(3) "Fund" means the mobile home park relocation fund established
under RCW 59.21.050.
(4) "Mobile home park" or "park" means real property that is rented
or held out for rent to others for the placement of two or more mobile
homes for the primary purpose of production of income, except where the
real property is rented or held out for rent for seasonal recreational
purpose only and is not intended for year-round occupancy.
(5) "Landlord" or "park-owner" means the owner of the mobile home
park that is being closed at the time relocation assistance is
provided.
(6) "Relocate" means to remove the mobile home from the mobile home
park being closed and to either reinstall it in another location or to
demolish it and purchase another mobile/manufactured home constructed
to the standards set by the department of housing and urban
development.
(7) "Relocation assistance" means the monetary assistance provided
under this chapter.
Sec. 48 RCW 59.22.020 and 1995 c 399 s 155 are each amended to
read as follows:
The following definitions shall apply throughout this chapter
unless the context clearly requires otherwise:
(1) "Account" means the ((mobile home affairs)) manufactured
housing account created under RCW 59.22.070.
(2) "Affordable" means that, where feasible, low-income residents
should not pay more than thirty percent of their monthly income for
housing costs.
(3) "Conversion costs" includes the cost of acquiring the mobile
home park, the costs of planning and processing the conversion, the
costs of any needed repairs or rehabilitation, and any expenditures
required by a government agency or lender for the project.
(4) "Department" means the department of ((community, trade, and
economic development)) commerce.
(5) "Fee" means the mobile home title transfer fee imposed under
RCW 59.22.080.
(6) "Fund" or "park purchase account" means the mobile home park
purchase account created pursuant to RCW 59.22.030.
(7) "Housing costs" means the total cost of owning, occupying, and
maintaining a mobile home and a lot or space in a mobile home park.
(8) "Individual interest in a mobile home park" means any interest
which is fee ownership or a lesser interest which entitles the holder
to occupy a lot or space in a mobile home park for a period of not less
than either fifteen years or the life of the holder. Individual
interests in a mobile home park include, but are not limited to, the
following:
(a) Ownership of a lot or space in a mobile home park or
subdivision;
(b) A membership or shares in a stock cooperative, or a limited
equity housing cooperative; or
(c) Membership in a nonprofit mutual benefit corporation which
owns, operates, or owns and operates the mobile home park.
(9) "Low-income resident" means an individual or household who
resided in the mobile home park prior to application for a loan
pursuant to this chapter and with an annual income at or below eighty
percent of the median income for the county of standard metropolitan
statistical area of residence. Net worth shall be considered in the
calculation of income with the exception of the resident's
mobile/
(10) "Low-income spaces" means those spaces in a mobile home park
operated by a resident organization which are occupied by low-income
residents.
(11) "Mobile home park" means a mobile home park, as defined in RCW
59.20.030(((4))) (10), or a manufactured home park subdivision as
defined by RCW 59.20.030(((6))) (12) created by the conversion to
resident ownership of a mobile home park.
(12) "Resident organization" means a group of mobile home park
residents who have formed a nonprofit corporation, cooperative
corporation, or other entity or organization for the purpose of
acquiring the mobile home park in which they reside and converting the
mobile home park to resident ownership. The membership of a resident
organization shall include at least two-thirds of the households
residing in the mobile home park at the time of application for
assistance from the department.
(13) "Resident ownership" means, depending on the context, either
the ownership, by a resident organization, as defined in this section,
of an interest in a mobile home park which entitles the resident
organization to control the operations of the mobile home park for a
term of no less than fifteen years, or the ownership of individual
interests in a mobile home park, or both.
(14) "Landlord" shall have the same meaning as it does in RCW
59.20.030.
(15) "Manufactured housing" means residences constructed on one or
more chassis for transportation, and which bear an insignia issued by
a state or federal regulatory agency indication compliance with all
applicable construction standards of the United States department of
housing and urban development.
(16) "Mobile home" shall have the same meaning as it does in RCW
46.04.302.
(17) "Mobile home lot" shall have the same meaning as it does in
RCW 59.20.030.
(18) "Tenant" means a person who rents a mobile home lot for a term
of one month or longer and owns the mobile home on the lot.
Sec. 49 RCW 70.103.020 and 2003 c 322 s 2 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Abatement" means any measure or set of measures designed to
permanently eliminate lead-based paint hazards.
(a) Abatement includes, but is not limited to:
(i) The removal of paint and dust, the permanent enclosure or
encapsulation of lead-based paint, the replacement of painted surfaces
or fixtures, or the removal or permanent covering of soil, when lead-based paint hazards are present in such paint, dust, or soil; and
(ii) All preparation, cleanup, disposal, and postabatement
clearance testing activities associated with such measures.
(b) Specifically, abatement includes, but is not limited to:
(i) Projects for which there is a written contract or other
documentation, which provides that an individual or firm will be
conducting activities in or to a residential dwelling or child-occupied
facility that:
(A) Shall result in the permanent elimination of lead-based paint
hazards; or
(B) Are designed to permanently eliminate lead-based paint hazards
and are described in (a)(i) and (ii) of this subsection;
(ii) Projects resulting in the permanent elimination of lead-based
paint hazards, conducted by certified firms or individuals, unless such
projects are covered by (c) of this subsection;
(iii) Projects resulting in the permanent elimination of lead-based
paint hazards, conducted by firms or individuals who, through their
company name or promotional literature, represent, advertise, or hold
themselves out to be in the business of performing lead-based paint
activities as identified and defined by this section, unless such
projects are covered by (c) of this subsection; or
(iv) Projects resulting in the permanent elimination of lead-based
paint hazards, that are conducted in response to state or local
abatement orders.
(c) Abatement does not include renovation, remodeling, landscaping,
or other activities, when such activities are not designed to
permanently eliminate lead-based paint hazards, but, instead, are
designed to repair, restore, or remodel a given structure or dwelling,
even though these activities may incidentally result in a reduction or
elimination of lead-based paint hazards. Furthermore, abatement does
not include interim controls, operations and maintenance activities, or
other measures and activities designed to temporarily, but not
permanently, reduce lead-based paint hazards.
(2) "Accredited training program" means a training program that has
been accredited by the department to provide training for individuals
engaged in lead-based paint activities.
(3) "Certified inspector" means an individual who has been trained
by an accredited training program, meets all the qualifications
established by the department, and is certified by the department to
conduct inspections.
(4) "Certified abatement worker" means an individual who has been
trained by an accredited training program, meets all the qualifications
established by the department, and is certified by the department to
perform abatements.
(5) "Certified firm" includes a company, partnership, corporation,
sole proprietorship, association, agency, or other business entity that
meets all the qualifications established by the department and performs
lead-based paint activities to which the department has issued a
certificate.
(6) "Certified project designer" means an individual who has been
trained by an accredited training program, meets all the qualifications
established by the department, and is certified by the department to
prepare abatement project designs, occupant protection plans, and
abatement reports.
(7) "Certified risk assessor" means an individual who has been
trained by an accredited training program, meets all the qualifications
established by the department, and is certified by the department to
conduct risk assessments and sample for the presence of lead in dust
and soil for the purposes of abatement clearance testing.
(8) "Certified supervisor" means an individual who has been trained
by an accredited training program, meets all the qualifications
established by the department, and is certified by the department to
supervise and conduct abatements, and to prepare occupant protection
plans and abatement reports.
(9) "Department" means the Washington state department of
((community, trade, and economic development)) commerce.
(10) "Director" means the director of the Washington state
department of ((community, trade, and economic development)) commerce.
(11) "Federal laws and rules" means:
(a) Title IV, toxic substances control act (15 U.S.C. Sec. 2681 et
seq.) and the rules adopted by the United States environmental
protection agency under that law for authorization of state programs;
(b) Any regulations or requirements adopted by the United States
department of housing and urban development regarding eligibility for
grants to states and local governments; and
(c) Any other requirements adopted by a federal agency with
jurisdiction over lead-based paint hazards.
(12) "Lead-based paint" means paint or other surface coatings that
contain lead equal to or in excess of 1.0 milligrams per square
centimeter or more than 0.5 percent by weight.
(13) "Lead-based paint activity" includes inspection, testing, risk
assessment, lead-based paint hazard reduction project design or
planning, or abatement of lead-based paint hazards.
(14) "Lead-based paint hazard" means any condition that causes
exposure to lead from lead-contaminated dust, lead-contaminated soil,
or lead-contaminated paint that is deteriorated or present in
accessible surfaces, friction surfaces, or impact surfaces that would
result in adverse human health effects as identified by the
administrator of the United States environmental protection agency
under the toxic substances control act, section 403.
(15) "State program" means a state administered lead-based paint
activities certification and training program that meets the federal
environmental protection agency requirements.
(16) "Person" includes an individual, corporation, firm,
partnership, or association, an Indian tribe, state, or political
subdivision of a state, and a state department or agency.
(17) "Risk assessment" means:
(a) An on-site investigation to determine the existence, nature,
severity, and location of lead-based paint hazards; and
(b) The provision of a report by the individual or the firm
conducting the risk assessment, explaining the results of the
investigation and options for reducing lead-based paint hazards.
Sec. 50 RCW 70.125.030 and 2000 c 54 s 1 are each amended to read
as follows:
As used in this chapter and unless the context indicates otherwise:
(1) "Core services" means treatment services for victims of sexual
assault including information and referral, crisis intervention,
medical advocacy, legal advocacy, support, system coordination, and
prevention for potential victims of sexual assault.
(2) "Department" means the department of ((community, trade, and
economic development)) commerce.
(3) "Law enforcement agencies" means police and sheriff's
departments of this state.
(4) "Personal representative" means a friend, relative, attorney,
or employee or volunteer from a community sexual assault program or
specialized treatment service provider.
(5) "Rape crisis center" means a community-based social service
agency which provides services to victims of sexual assault.
(6) "Community sexual assault program" means a community-based
social service agency that is qualified to provide and provides core
services to victims of sexual assault.
(7) "Sexual assault" means one or more of the following:
(a) Rape or rape of a child;
(b) Assault with intent to commit rape or rape of a child;
(c) Incest or indecent liberties;
(d) Child molestation;
(e) Sexual misconduct with a minor;
(f) Custodial sexual misconduct;
(g) Crimes with a sexual motivation; or
(h) An attempt to commit any of the aforementioned offenses.
(8) "Specialized services" means treatment services for victims of
sexual assault including support groups, therapy, and specialized
sexual assault medical examination.
(9) "Victim" means any person who suffers physical and/or mental
anguish as a proximate result of a sexual assault.
Sec. 51 RCW 70.164.020 and 1995 c 399 s 199 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Department" means the department of ((community, trade, and
economic development)) commerce.
(2) "Energy assessment" means an analysis of a dwelling unit to
determine the need for cost-effective energy conservation measures as
determined by the department.
(3) "Household" means an individual or group of individuals living
in a dwelling unit as defined by the department.
(4) "Low income" means household income that is at or below one
hundred twenty-five percent of the federally established poverty level.
(5) "Nonutility sponsor" means any sponsor other than a public
service company, municipality, public utility district, mutual or
cooperative, furnishing gas or electricity used to heat low-income
residences.
(6) "Residence" means a dwelling unit as defined by the department.
(7) "Sponsor" means any entity that submits a proposal under RCW
70.164.040, including but not limited to any local community action
agency, community service agency, or any other participating agency or
any public service company, municipality, public utility district,
mutual or cooperative, or any combination of such entities that jointly
submits a proposal.
(8) "Sponsor match" means the share, if any, of the cost of
weatherization to be paid by the sponsor.
(9) "Weatherization" means materials or measures, and their
installation, that are used to improve the thermal efficiency of a
residence.
(10) "Weatherizing agency" means any approved department grantee or
any public service company, municipality, public utility district,
mutual or cooperative, or other entity that bears the responsibility
for ensuring the performance of weatherization of residences under this
chapter and has been approved by the department.
Sec. 52 RCW 70.190.010 and 1996 c 132 s 2 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Administrative costs" means the costs associated with
procurement; payroll processing; personnel functions; management;
maintenance and operation of space and property; data processing and
computer services; accounting; budgeting; auditing; indirect costs; and
organizational planning, consultation, coordination, and training.
(2) "Assessment" has the same meaning as provided in RCW 43.70.010.
(3) "At-risk" children are children who engage in or are victims of
at-risk behaviors.
(4) "At-risk behaviors" means violent delinquent acts, teen
substance abuse, teen pregnancy and male parentage, teen suicide
attempts, dropping out of school, child abuse or neglect, and domestic
violence.
(5) "Community public health and safety networks" or "networks"
means the organizations authorized under RCW 70.190.060.
(6) "Comprehensive plan" means a two-year plan that examines
available resources and unmet needs for a county or multicounty area,
barriers that limit the effective use of resources, and a plan to
address these issues that is broadly supported by local residents.
(7) "Participating state agencies" means the office of the
superintendent of public instruction, the department of social and
health services, the department of health, the employment security
department, the department of ((community, trade, and economic
development)) commerce, and such other departments as may be
specifically designated by the governor.
(8) "Family policy council" or "council" means the superintendent
of public instruction, the secretary of social and health services, the
secretary of health, the commissioner of the employment security
department, and the director of the department of ((community, trade,
and economic development)) commerce or their designees, one legislator
from each caucus of the senate and house of representatives, and one
representative of the governor.
(9) "Fiduciary interest" means (a) the right to compensation from
a health, educational, social service, or justice system organization
that receives public funds, or (b) budgetary or policy-making authority
for an organization listed in (a) of this subsection. A person who
acts solely in an advisory capacity and receives no compensation from
a health, educational, social service, or justice system organization,
and who has no budgetary or policy-making authority is deemed to have
no fiduciary interest in the organization.
(10) "Outcome" or "outcome based" means defined and measurable
outcomes used to evaluate progress in reducing the rate of at-risk
children and youth through reducing risk factors and increasing
protective factors.
(11) "Matching funds" means an amount no less than twenty-five
percent of the amount budgeted for a network. The network's matching
funds may be in-kind goods and services. Funding sources allowable for
match include appropriate federal or local levy funds, private
charitable funding, and other charitable giving. Basic education funds
shall not be used as a match. State general funds shall not be used as
a match for violence reduction and drug enforcement account funds
created under RCW 69.50.520.
(12) "Policy development" has the same meaning as provided in RCW
43.70.010.
(13) "Protective factors" means those factors determined by the
department of health to be empirically associated with behaviors that
contribute to socially acceptable and healthy nonviolent behaviors.
Protective factors include promulgation, identification, and acceptance
of community norms regarding appropriate behaviors in the area of
delinquency, early sexual activity, alcohol and substance abuse,
educational opportunities, employment opportunities, and absence of
crime.
(14) "Risk factors" means those factors determined by the
department of health to be empirically associated with at-risk
behaviors that contribute to violence.
Sec. 53 RCW 80.36.005 and 2003 c 134 s 1 are each amended to read
as follows:
The definitions in this section apply throughout RCW 80.36.410
through 80.36.475, unless the context clearly requires otherwise.
(1) "Community agency" means local community agencies that
administer community service voice mail programs.
(2) "Community service voice mail" means a computerized voice mail
system that provides low-income recipients with: (a) An individually
assigned telephone number; (b) the ability to record a personal
greeting; and (c) a private security code to retrieve messages.
(3) "Department" means the department of social and health
services.
(4) "Service year" means the period between July 1st and June 30th.
(5) "Community action agency" means local community action agencies
or local community service agencies designated by the department of
((community, trade, and economic development)) commerce under chapter
43.63A RCW.
Sec. 54 RCW 80.80.010 and 2007 c 307 s 2 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Attorney general" means the Washington state office of the
attorney general.
(2) "Auditor" means: (a) The Washington state auditor's office or
its designee for consumer-owned utilities under its jurisdiction; or
(b) an independent auditor selected by a consumer-owned utility that is
not under the jurisdiction of the state auditor.
(3) "Average available greenhouse ((gases [gas])) gas emissions
output" means the level of greenhouse ((gases [gas])) gas emissions as
surveyed and determined by the energy policy division of the department
of ((community, trade, and economic development)) commerce under RCW
80.80.050.
(4) "Baseload electric generation" means electric generation from
a power plant that is designed and intended to provide electricity at
an annualized plant capacity factor of at least sixty percent.
(5) "Cogeneration facility" means a power plant in which the heat
or steam is also used for industrial or commercial heating or cooling
purposes and that meets federal energy regulatory commission standards
for qualifying facilities under the public utility regulatory policies
act of 1978 (16 U.S.C. Sec. 824a-3), as amended.
(6) "Combined-cycle natural gas thermal electric generation
facility" means a power plant that employs a combination of one or more
gas turbines and steam turbines in which electricity is produced in the
steam turbine from otherwise lost waste heat exiting from one or more
of the gas turbines.
(7) "Commission" means the Washington utilities and transportation
commission.
(8) "Consumer-owned utility" means a municipal utility formed under
Title 35 RCW, a public utility district formed under Title 54 RCW, an
irrigation district formed under chapter 87.03 RCW, a cooperative
formed under chapter 23.86 RCW, a mutual corporation or association
formed under chapter 24.06 RCW, or port district within which an
industrial district has been established as authorized by Title 53 RCW,
that is engaged in the business of distributing electricity to more
than one retail electric customer in the state.
(9) "Department" means the department of ecology.
(10) "Distributed generation" means electric generation connected
to the distribution level of the transmission and distribution grid,
which is usually located at or near the intended place of use.
(11) "Electric utility" means an electrical company or a consumer-owned utility.
(12) "Electrical company" means a company owned by investors that
meets the definition of RCW 80.04.010.
(13) "Governing board" means the board of directors or legislative
authority of a consumer-owned utility.
(14) "Greenhouse gases" includes carbon dioxide, methane, nitrous
oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
(15) "Long-term financial commitment" means:
(a) Either a new ownership interest in baseload electric generation
or an upgrade to a baseload electric generation facility; or
(b) A new or renewed contract for baseload electric generation with
a term of five or more years for the provision of retail power or
wholesale power to end-use customers in this state.
(16) "Plant capacity factor" means the ratio of the electricity
produced during a given time period, measured in kilowatt-hours, to the
electricity the unit could have produced if it had been operated at its
rated capacity during that period, expressed in kilowatt-hours.
(17) "Power plant" means a facility for the generation of
electricity that is permitted as a single plant by the energy facility
site evaluation council or a local jurisdiction.
(18) "Upgrade" means any modification made for the primary purpose
of increasing the electric generation capacity of a baseload electric
generation facility. "Upgrade" does not include routine or necessary
maintenance, installation of emission control equipment, installation,
replacement, or modification of equipment that improves the heat rate
of the facility, or installation, replacement, or modification of
equipment for the primary purpose of maintaining reliable generation
output capability that does not increase the heat input or fuel usage
as specified in existing generation air quality permits as of July 22,
2007, but may result in incidental increases in generation capacity.
Sec. 55 RCW 82.73.010 and 2005 c 514 s 902 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Applicant" means a person applying for a tax credit under this
chapter.
(2) "Contribution" means cash contributions.
(3) "Department" means the department of revenue.
(4) "Person" has the meaning given in RCW 82.04.030.
(5) "Program" means a nonprofit organization under internal revenue
code sections 501(c)(3) or 501(c)(6), with the sole mission of
revitalizing a downtown or neighborhood commercial district area, that
is designated by the department of ((community, trade, and economic
development)) commerce as described in RCW 43.360.010 through
43.360.050.
(6) "Main street trust fund" means the department of ((community,
trade, and economic development's)) commerce's main street trust fund
account under RCW 43.360.050.
NEW SECTION. Sec. 56 RCW 43.330.005 and 43.330.904 are
decodified.
NEW SECTION. Sec. 57 (1) Section 16 of this act expires July 1,
2015.
(2) Section 41 of this act expires June 30, 2016.
NEW SECTION. Sec. 58 The code reviser shall note wherever
director or department of community, trade, and economic development is
used or referred to in statute that the name of the department has
changed. The code reviser shall prepare legislation for the 2010
regular session that changes all statutory references to director or
department of community, trade, and economic development to director or
department of commerce.