BILL REQ. #: Z-0916.1
| State of Washington | 61st Legislature | 2010 Regular Session |
Prefiled 01/06/10. Read first time 01/11/10. Referred to Committee on Community & Economic Development & Trade.
AN ACT Relating to correcting references regarding the department of commerce; amending RCW 7.68.360, 9.94A.8673, 19.02.050, 19.27.070, 19.27.097, 19.27.150, 19.27.190, 19.27A.020, 19.27A.140, 19.29A.010, 24.46.010, 24.50.010, 28A.160.090, 28A.300.150, 28A.300.160, 28A.515.320, 28B.06.030, 28B.20.283, 28B.20.289, 28B.20.293, 28B.20.296, 28B.30.530, 28B.30.537, 28B.30.900, 28B.38.020, 28B.38.050, 28B.50.281, 28B.50.902, 28B.65.040, 28B.65.050, 28B.65.060, 28B.109.020, 28C.18.060, 28C.18.130, 28C.18.140, 31.24.030, 34.05.330, 35.02.260, 35.13.171, 35.21.300, 35.21.687, 35.21.755, 35.21.779, 36.01.120, 36.22.178, 36.34.137, 36.70A.085, 36.70A.131, 36.70A.500, 36.70A.5801, 36.70B.040, 36.70B.220, 36.93.080, 36.110.030, 38.52.930, 39.04.156, 39.19.240, 39.34.230, 39.35D.080, 39.44.210, 39.44.230, 39.84.090, 40.10.020, 41.06.072, 42.56.270, 43.06.115, 43.07.350, 43.19.19201, 43.19.648, 43.20.275, 43.20A.037, 43.20A.790, 43.21A.510, 43.21A.515, 43.21A.612, 43.21C.110, 43.21G.010, 43.21M.010, 43.21M.020, 43.21M.030, 43.22.495, 43.22A.020, 43.23.035, 43.30.835, 43.31.205, 43.31.422, 43.31.504, 43.31.805, 43.31.830, 43.31.840, 43.31.960, 43.31.970, 43.41.270, 43.63A.068, 43.63A.115, 43.63A.135, 43.63A.155, 43.63A.230, 43.63A.275, 43.63A.307, 43.63A.400, 43.63A.410, 43.63A.420, 43.63A.720, 43.63A.735, 43.63A.760, 43.63A.764, 43.70.540, 43.79.201, 43.83.184, 43.105.370, 43.105.376, 43.110.010, 43.132.020, 43.132.030, 43.132.800, 43.132.810, 43.133.030, 43.133.050, 43.150.040, 43.157.010, 43.157.030, 43.160.030, 43.162.010, 43.162.025, 43.162.030, 43.163.020, 43.163.060, 43.163.120, 43.168.010, 43.176.030, 43.176.040, 43.176.901, 43.180.040, 43.180.200, 43.180.220, 43.185A.100, 43.185C.160, 43.185C.200, 43.190.030, 43.210.030, 43.210.050, 43.210.060, 43.215.550, 43.220.070, 43.270.020, 43.270.070, 43.270.080, 43.280.011, 43.280.020, 43.280.060, 43.280.070, 43.280.080, 43.280.090, 43.310.020, 43.325.100, 43.325.110, 43.330.065, 43.330.904, 43.332.010, 43.336.050, 46.16.340, 46.44.170, 47.06.110, 47.12.064, 47.26.345, 47.39.040, 47.39.069, 47.39.090, 47.50.090, 47.76.230, 47.80.090, 49.04.200, 50.16.010, 50.38.030, 50.72.030, 53.36.030, 54.16.285, 54.52.010, 54.52.020, 57.46.010, 57.46.020, 59.18.440, 59.24.020, 59.24.050, 59.24.060, 59.28.030, 59.28.040, 59.28.050, 59.28.060, 59.30.060, 64.34.442, 66.08.195, 66.08.198, 67.28.1816, 67.38.070, 70.05.125, 70.62.290, 70.94.537, 70.94.551, 70.95.260, 70.95.265, 70.95.810, 70.95H.007, 70.95H.050, 70.95N.290, 70.95N.330, 70.103.010, 70.105.020, 70.114A.070, 70.119A.170, 70.119A.190, 70.136.030, 70.235.020, 70.235.030, 70.235.050, 70.260.020, 72.09.055, 72.78.030, 74.08A.010, 74.14B.060, 74.31.020, 76.09.030, 76.15.090, 76.56.020, 79.105.600, 79A.30.050, 79A.50.100, 79A.60.480, 80.28.010, 80.36.430, 80.36.440, 80.50.030, 80.80.040, 80.80.050, 80.80.080, 82.14.330, 82.14.400, 82.16.0497, 82.73.050, 84.14.100, 84.36.560, 88.02.053, 89.10.020, 90.03.247, 90.56.280, and 90.82.048; reenacting and amending RCW 41.06.070 and 43.21J.030; adding a new section to chapter 43.31 RCW; adding a new section to chapter 43.63A RCW; decodifying RCW 35.22.660, 35.22.680, 35.63.140, 35.63.180, 35A.63.149, 35A.63.210, 36.32.520, 36.32.560, 36.70.675, 36.70.755, 43.330.005, 59.22.090, 59.28.120, 67.28.8001, and 77.12.710; and repealing 2009 c 565 s 34.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 7.68.360 and 2005 c 358 s 2 are each amended to read
as follows:
(1) By July 1, 2005, the director of the department of ((community,
trade, and economic development)) commerce, or the director's designee,
shall within existing resources convene and chair a work group to
develop written protocols for delivery of services to victims of
trafficking of humans. The director shall invite appropriate federal
agencies to consult with the work group for the purpose of developing
protocols that, to the extent possible, are in concert with federal
statutes, regulations, and policies. In addition to the director of
the department of ((community, trade, and economic development))
commerce, the following shall be members of the work group: The
secretary of the department of health, the secretary of the department
of social and health services, the attorney general, the director of
the department of labor and industries, the commissioner of the
employment security department, a representative of the Washington
association of prosecuting attorneys, the chief of the Washington state
patrol, two members selected by the Washington association of sheriffs
and police chiefs, and five members, selected by the director of the
department of ((community, trade, and economic development)) commerce
from a list submitted by public and private sector organizations that
provide assistance to persons who are victims of trafficking. The
attorney general, the chief of the Washington state patrol, and the
secretaries or directors may designate a person to serve in their
place.
Members of the work group shall serve without compensation.
(2) The protocols must meet all of the following minimum standards:
(a) The protocols must apply to the following state agencies: The
department of ((community, trade, and economic development)) commerce,
the department of health, the department of social and health services,
the attorney general's office, the Washington state patrol, the
department of labor and industries, and the employment security
department;
(b) The protocols must provide policies and procedures for
interagency coordinated operations and cooperation with government
agencies and nongovernmental organizations, agencies, and
jurisdictions, including law enforcement agencies and prosecuting
attorneys;
(c) The protocols must include the establishment of a database
electronically available to all affected agencies which contains the
name, address, and telephone numbers of agencies that provide services
to victims of human trafficking; and
(d) The protocols must provide guidelines for providing for the
social service needs of victims of trafficking of humans, including
housing, health care, and employment.
(3) By January 1, 2006, the work group shall finalize the written
protocols and submit them with a report to the legislature and the
governor.
(4) The protocols shall be reviewed on a biennial basis by the work
group to determine whether revisions are appropriate. The director of
the department of ((community, trade, and economic development))
commerce, or the director's designee, shall within existing resources
reconvene and chair the work group for this purpose.
Sec. 2 RCW 9.94A.8673 and 2008 c 249 s 3 are each amended to read
as follows:
(1) The sex offender policy board shall consist of thirteen voting
members. Unless the member is specifically named in this section, the
following organizations shall designate a person to sit on the board.
(a) The Washington association of sheriffs and police chiefs;
(b) The Washington association of prosecuting attorneys;
(c) The Washington association of criminal defense lawyers;
(d) The chair of the indeterminate sentence review board or his or
her designee;
(e) The Washington association for the treatment of sex abusers;
(f) The secretary of the department of corrections or his or her
designee;
(g) The Washington state superior court judge's association;
(h) The assistant secretary of the juvenile rehabilitation
administration or his or her designee;
(i) The office of crime victims advocacy in the department of
((community, trade, and economic development)) commerce;
(j) The Washington state association of counties;
(k) The association of Washington cities;
(l) The Washington association of sexual assault programs; and
(m) The director of the special commitment center or his or her
designee.
(2) The person so named in subsection (1) of this section has the
authority to make decisions on behalf of the organization he or she
represents.
(3) The nonvoting membership shall consist of the following:
(a) Two members of the sentencing guidelines commission chosen by
the chair of the commission; and
(b) A representative of the criminal justice division in the
attorney general's office.
(4) The board shall choose its chair by majority vote from among
its voting membership. The chair's term shall be two years.
(5) The chair of the sentencing guidelines commission shall convene
the first meeting.
(6) The Washington institute for public policy shall act as an
advisor to the board.
Sec. 3 RCW 19.02.050 and 1997 c 391 s 11 are each amended to read
as follows:
The legislature hereby directs the full participation by the
following agencies in the implementation of this chapter:
(1) Department of agriculture;
(2) Secretary of state;
(3) Department of social and health services;
(4) Department of revenue;
(5) Department of fish and wildlife;
(6) ((Department of)) Employment security department;
(7) Department of labor and industries;
(8) Department of ((community, trade, and economic development))
commerce;
(9) Liquor control board;
(10) Department of health;
(11) Department of licensing;
(12) Parks and recreation commission;
(13) Utilities and transportation commission; and
(14) Other agencies as determined by the governor.
Sec. 4 RCW 19.27.070 and 1995 c 399 s 8 are each amended to read
as follows:
There is hereby established a state building code council to be
appointed by the governor.
(1) The state building code council shall consist of fifteen
members, two of whom shall be county elected legislative body members
or elected executives and two of whom shall be city elected legislative
body members or mayors. One of the members shall be a local government
building code enforcement official and one of the members shall be a
local government fire service official. Of the remaining nine members,
one member shall represent general construction, specializing in
commercial and industrial building construction; one member shall
represent general construction, specializing in residential and
multifamily building construction; one member shall represent the
architectural design profession; one member shall represent the
structural engineering profession; one member shall represent the
mechanical engineering profession; one member shall represent the
construction building trades; one member shall represent manufacturers,
installers, or suppliers of building materials and components; one
member shall be a person with a physical disability and shall represent
the disability community; and one member shall represent the general
public. At least six of these fifteen members shall reside east of the
crest of the Cascade mountains. The council shall include: Two
members of the house of representatives appointed by the speaker of the
house, one from each caucus; two members of the senate appointed by the
president of the senate, one from each caucus; and an employee of the
electrical division of the department of labor and industries, as ex
officio, nonvoting members with all other privileges and rights of
membership. Terms of office shall be for three years. The council
shall elect a member to serve as chair of the council for one-year
terms of office. Any member who is appointed by virtue of being an
elected official or holding public employment shall be removed from the
council if he or she ceases being such an elected official or holding
such public employment. Before making any appointments to the building
code council, the governor shall seek nominations from recognized
organizations which represent the entities or interests listed in this
subsection. Members serving on the council on July 28, 1985, may
complete their terms of office. Any vacancy shall be filled by
alternating appointments from governmental and nongovernmental entities
or interests until the council is constituted as required by this
subsection.
(2) Members shall not be compensated but shall receive
reimbursement for travel expenses in accordance with RCW 43.03.050 and
43.03.060.
(3) The department of ((community, trade, and economic
development)) commerce shall provide administrative and clerical
assistance to the building code council.
Sec. 5 RCW 19.27.097 and 1995 c 399 s 9 are each amended to read
as follows:
(1) Each applicant for a building permit of a building
necessitating potable water shall provide evidence of an adequate water
supply for the intended use of the building. Evidence may be in the
form of a water right permit from the department of ecology, a letter
from an approved water purveyor stating the ability to provide water,
or another form sufficient to verify the existence of an adequate water
supply. In addition to other authorities, the county or city may
impose conditions on building permits requiring connection to an
existing public water system where the existing system is willing and
able to provide safe and reliable potable water to the applicant with
reasonable economy and efficiency. An application for a water right
shall not be sufficient proof of an adequate water supply.
(2) Within counties not required or not choosing to plan pursuant
to RCW 36.70A.040, the county and the state may mutually determine
those areas in the county in which the requirements of subsection (1)
of this section shall not apply. The departments of health and ecology
shall coordinate on the implementation of this section. Should the
county and the state fail to mutually determine those areas to be
designated pursuant to this subsection, the county may petition the
department of ((community, trade, and economic development)) commerce
to mediate or, if necessary, make the determination.
(3) Buildings that do not need potable water facilities are exempt
from the provisions of this section. The department of ecology, after
consultation with local governments, may adopt rules to implement this
section, which may recognize differences between high-growth and low-growth counties.
Sec. 6 RCW 19.27.150 and 1995 c 399 s 10 are each amended to read
as follows:
Every month a copy of the United States department of commerce,
bureau of the census' "report of building or zoning permits issued and
local public construction" or equivalent report shall be transmitted by
the governing bodies of counties and cities to the department of
((community, trade, and economic development)) commerce.
Sec. 7 RCW 19.27.190 and 1996 c 186 s 501 are each amended to
read as follows:
(1)(a) Not later than January 1, 1991, the state building code
council, in consultation with the department of ((community, trade, and
economic development)) commerce, shall establish interim requirements
for the maintenance of indoor air quality in newly constructed
residential buildings. In establishing the interim requirements, the
council shall take into consideration differences in heating fuels and
heating system types. These requirements shall be in effect July 1,
1991, through June 30, 1993.
(b) The interim requirements for new electrically space heated
residential buildings shall include ventilation standards which provide
for mechanical ventilation in areas of the residence where water vapor
or cooking odors are produced. The ventilation shall be exhausted to
the outside of the structure. The ventilation standards shall further
provide for the capacity to supply outside air to each bedroom and the
main living area through dedicated supply air inlet locations in walls,
or in an equivalent manner. At least one exhaust fan in the home shall
be controlled by a dehumidistat or clock timer to ensure that
sufficient whole house ventilation is regularly provided as needed.
(c)(i) For new single family residences with electric space heating
systems, zero lot line homes, each unit in a duplex, and each attached
housing unit in a planned unit development, the ventilation standards
shall include fifty cubic feet per minute of effective installed
ventilation capacity in each bathroom and one hundred cubic feet per
minute of effective installed ventilation capacity in each kitchen.
(ii) For other new residential units with electric space heating
systems the ventilation standards may be satisfied by the installation
of two exhaust fans with a combined effective installed ventilation
capacity of two hundred cubic feet per minute.
(iii) Effective installed ventilation capacity means the capability
to deliver the specified ventilation rates for the actual design of the
ventilation system. Natural ventilation and infiltration shall not be
considered acceptable substitutes for mechanical ventilation.
(d) For new residential buildings that are space heated with other
than electric space heating systems, the interim standards shall be
designed to result in indoor air quality equivalent to that achieved
with the interim ventilation standards for electric space heated homes.
(e) The interim requirements for all newly constructed residential
buildings shall include standards for indoor air quality pollutant
source control, including the following requirements: All structural
panel components of the residence shall comply with appropriate
standards for the emission of formaldehyde; the back-drafting of
combustion by-products from combustion appliances shall be minimized
through the use of dampers, vents, outside combustion air sources, or
other appropriate technologies; and, in areas of the state where
monitored data indicate action is necessary to inhibit indoor radon gas
concentrations from exceeding appropriate health standards, entry of
radon gas into homes shall be minimized through appropriate foundation
construction measures.
(2) No later than January 1, 1993, the state building code council,
in consultation with the department of ((community, trade, and economic
development)) commerce, shall establish final requirements for the
maintenance of indoor air quality in newly constructed residences to be
in effect beginning July 1, 1993. For new electrically space heated
residential buildings, these requirements shall maintain indoor air
quality equivalent to that provided by the mechanical ventilation and
indoor air pollutant source control requirements included in the
February 7, 1989, Bonneville power administration record of decision
for the environmental impact statement on new energy efficient homes
programs (DOE/EIS-0127F) built with electric space heating. In
residential units other than single family, zero lot line, duplexes,
and attached housing units in planned unit developments, ventilation
requirements may be satisfied by the installation of two exhaust fans
with a combined effective installed ventilation capacity of two hundred
cubic feet per minute. For new residential buildings that are space
heated with other than electric space heating systems, the standards
shall be designed to result in indoor air quality equivalent to that
achieved with the ventilation and source control standards for electric
space heated homes. In establishing the final requirements, the
council shall take into consideration differences in heating fuels and
heating system types.
Sec. 8 RCW 19.27A.020 and 2009 c 423 s 4 are each amended to read
as follows:
(1) The state building code council shall adopt rules to be known
as the Washington state energy code as part of the state building code.
(2) The council shall follow the legislature's standards set forth
in this section to adopt rules to be known as the Washington state
energy code. The Washington state energy code shall be designed to:
(a) Construct increasingly energy efficient homes and buildings
that help achieve the broader goal of building zero fossil-fuel
greenhouse gas emission homes and buildings by the year 2031;
(b) Require new buildings to meet a certain level of energy
efficiency, but allow flexibility in building design, construction, and
heating equipment efficiencies within that framework; and
(c) Allow space heating equipment efficiency to offset or
substitute for building envelope thermal performance.
(3) The Washington state energy code shall take into account
regional climatic conditions. Climate zone 1 shall include all
counties not included in climate zone 2. Climate zone 2 includes:
Adams, Chelan, Douglas, Ferry, Grant, Kittitas, Lincoln, Okanogan, Pend
Oreille, Spokane, Stevens, and Whitman counties.
(4) The Washington state energy code for residential buildings
shall be the 2006 edition of the Washington state energy code, or as
amended by rule by the council.
(5) The minimum state energy code for new nonresidential buildings
shall be the Washington state energy code, 2006 edition, or as amended
by the council by rule.
(6)(a) Except as provided in (b) of this subsection, the Washington
state energy code for residential structures shall preempt the
residential energy code of each city, town, and county in the state of
Washington.
(b) The state energy code for residential structures does not
preempt a city, town, or county's energy code for residential
structures which exceeds the requirements of the state energy code and
which was adopted by the city, town, or county prior to March 1, 1990.
Such cities, towns, or counties may not subsequently amend their energy
code for residential structures to exceed the requirements adopted
prior to March 1, 1990.
(7) The state building code council shall consult with the
department ((of community, trade, and economic development)) as
provided in RCW 34.05.310 prior to publication of proposed rules. The
director of the department ((of community, trade, and economic
development)) shall recommend to the state building code council any
changes necessary to conform the proposed rules to the requirements of
this section.
(8) The state building code council shall evaluate and consider
adoption of the international energy conservation code in Washington
state in place of the existing state energy code.
(9) The definitions in RCW 19.27A.140 apply throughout this
section.
Sec. 9 RCW 19.27A.140 and 2009 c 423 s 2 are each amended to read
as follows:
The definitions in this section apply to RCW 19.27A.130 through
19.27A.190 and 19.27A.020 unless the context clearly requires
otherwise.
(1) "Benchmark" means the energy used by a facility as recorded
monthly for at least one year and the facility characteristics
information inputs required for a portfolio manager.
(2) "Conditioned space" means conditioned space, as defined in the
Washington state energy code.
(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) "Cost-effectiveness" means that a project or resource is
forecast:
(a) To be reliable and available within the time it is needed; and
(b) To meet or reduce the power demand of the intended consumers at
an estimated incremental system cost no greater than that of the least-cost similarly reliable and available alternative project or resource,
or any combination thereof.
(5) "Council" means the state building code council.
(6) "Department" means the department of ((community, trade, and
economic development)) commerce.
(7) "Embodied energy" means the total amount of fossil fuel energy
consumed to extract raw materials and to manufacture, assemble,
transport, and install the materials in a building and the life-cycle
cost benefits including the recyclability and energy efficiencies with
respect to building materials, taking into account the total sum of
current values for the costs of investment, capital, installation,
operating, maintenance, and replacement as estimated for the lifetime
of the product or project.
(8) "Energy consumption data" means the monthly amount of energy
consumed by a customer as recorded by the applicable energy meter for
the most recent twelve-month period.
(9) "Energy service company" has the same meaning as in RCW
43.19.670.
(10) "General administration" means the department of general
administration.
(11) "Greenhouse gas" and "greenhouse gases" includes carbon
dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons,
and sulfur hexafluoride.
(12) "Investment grade energy audit" means an intensive engineering
analysis of energy efficiency and management measures for the facility,
net energy savings, and a cost-effectiveness determination.
(13) "Investor-owned utility" means a corporation owned by
investors that meets the definition of "corporation" as defined in RCW
80.04.010 and is engaged in distributing either electricity or natural
gas, or both, to more than one retail electric customer in the state.
(14) "Major facility" means any publicly owned or leased building,
or a group of such buildings at a single site, having ten thousand
square feet or more of conditioned floor space.
(15) "National energy performance rating" means the score provided
by the energy star program, to indicate the energy efficiency
performance of the building compared to similar buildings in that
climate as defined in the United States environmental protection agency
"ENERGY STAR® Performance Ratings Technical Methodology."
(16) "Net zero energy use" means a building with net energy
consumption of zero over a typical year.
(17) "Portfolio manager" means the United States environmental
protection agency's energy star portfolio manager or an equivalent tool
adopted by the department.
(18) "Preliminary energy audit" means a quick evaluation by an
energy service company of the energy savings potential of a building.
(19) "Qualifying public agency" includes all state agencies,
colleges, and universities.
(20) "Qualifying utility" means a consumer-owned or investor-owned
gas or electric utility that serves more than twenty-five thousand
customers in the state of Washington.
(21) "Reporting public facility" means any of the following:
(a) A building or structure, or a group of buildings or structures
at a single site, owned by a qualifying public agency, that exceed ten
thousand square feet of conditioned space;
(b) Buildings, structures, or spaces leased by a qualifying public
agency that exceeds ten thousand square feet of conditioned space,
where the qualifying public agency purchases energy directly from the
investor-owned or consumer-owned utility;
(c) A wastewater treatment facility owned by a qualifying public
agency; or
(d) Other facilities selected by the qualifying public agency.
(22) "State portfolio manager master account" means a portfolio
manager account established to provide a single shared portfolio that
includes reports for all the reporting public facilities.
Sec. 10 RCW 19.29A.010 and 2000 c 213 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) "Biomass generation" means electricity derived from burning
solid organic fuels from wood, forest, or field residue, or dedicated
energy crops that do not include wood pieces that have been treated
with chemical preservatives such as creosote, pentachlorophenol, or
copper-chroma-arsenic.
(2) "Bonneville power administration system mix" means a generation
mix sold by the Bonneville power administration that is net of any
resource specific sales and that is net of any electricity sold to
direct service industrial customers, as defined in section 3(8) of the
Pacific Northwest electric power planning and conservation act (16
U.S.C. Sec. 839(a)(8)).
(3) "Coal generation" means the electricity produced by a
generating facility that burns coal as the primary fuel source.
(4) "Commission" means the utilities and transportation commission.
(5) "Conservation" means an increase in efficiency in the use of
energy use that yields a decrease in energy consumption while providing
the same or higher levels of service. Conservation includes low-income
weatherization programs.
(6) "Consumer-owned utility" means 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, or a mutual corporation or
association formed under chapter 24.06 RCW, that is engaged in the
business of distributing electricity to more than one retail electric
customer in the state.
(7) "Declared resource" means an electricity source specifically
identified by a retail supplier to serve retail electric customers. A
declared resource includes a stated quantity of electricity tied
directly to a specified generation facility or set of facilities either
through ownership or contract purchase, or a contractual right to a
stated quantity of electricity from a specified generation facility or
set of facilities.
(8) "Department" means the department of ((community, trade, and
economic development)) commerce.
(9) "Electricity information coordinator" means the organization
selected by the department under RCW 19.29A.080 to: (a) Compile
generation data in the Northwest power pool by generating project and
by resource category; (b) compare the quantity of electricity from
declared resources reported by retail suppliers with available
generation from such resources; (c) calculate the net system power mix;
and (d) coordinate with other comparable organizations in the western
interconnection.
(10) "Electric meters in service" means those meters that record in
at least nine of twelve calendar months in any calendar year not less
than two hundred fifty kilowatt hours per month.
(11) "Electricity product" means the electrical energy produced by
a generating facility or facilities that a retail supplier sells or
offers to sell to retail electric customers in the state of Washington,
provided that nothing in this title shall be construed to mean that
electricity is a good or product for the purposes of Title 62A RCW, or
any other purpose. It does not include electrical energy generated on-site at a retail electric customer's premises.
(12) "Electric utility" means a consumer-owned or investor-owned
utility as defined in this section.
(13) "Electricity" means electric energy measured in kilowatt
hours, or electric capacity measured in kilowatts, or both.
(14) "Fuel mix" means the actual or imputed sources of electricity
sold to retail electric customers, expressed in terms of percentage
contribution by resource category. The total fuel mix included in each
disclosure shall total one hundred percent.
(15) "Geothermal generation" means electricity derived from thermal
energy naturally produced within the earth.
(16) "Governing body" means the council of a city or town, the
commissioners of an irrigation district, municipal electric utility, or
public utility district, or the board of directors of an electric
cooperative or mutual association that has the authority to set and
approve rates.
(17) "High efficiency cogeneration" means electricity produced by
equipment, such as heat or steam used for industrial, commercial,
heating, or cooling purposes, that meets the federal energy regulatory
commission standards for qualifying facilities under the public utility
regulatory policies act of 1978.
(18) "Hydroelectric generation" means a power source created when
water flows from a higher elevation to a lower elevation and the flow
is converted to electricity in one or more generators at a single
facility.
(19) "Investor-owned utility" means a company owned by investors
that meets the definition of RCW 80.04.010 and is engaged in
distributing electricity to more than one retail electric customer in
the state.
(20) "Landfill gas generation" means electricity produced by a
generating facility that uses waste gases produced by the decomposition
of organic materials in landfills.
(21) "Natural gas generation" means electricity produced by a
generating facility that burns natural gas as the primary fuel source.
(22) "Northwest power pool" means the generating resources included
in the United States portion of the Northwest power pool area as
defined by the western systems coordinating council.
(23) "Net system power mix" means the fuel mix in the Northwest
power pool, net of: (a) Any declared resources in the Northwest power
pool identified by in-state retail suppliers or out-of-state entities
that offer electricity for sale to retail electric customers; (b) any
electricity sold by the Bonneville power administration to direct
service industrial customers; and (c) any resource specific sales made
by the Bonneville power administration.
(24) "Oil generation" means electricity produced by a generating
facility that burns oil as the primary fuel source.
(25) "Proprietary customer information" means: (a) Information
that relates to the source and amount of electricity used by a retail
electric customer, a retail electric customer's payment history, and
household data that is made available by the customer solely by virtue
of the utility-customer relationship; and (b) information contained in
a retail electric customer's bill.
(26) "Renewable resources" means electricity generation facilities
fueled by: (a) Water; (b) wind; (c) solar energy; (d) geothermal
energy; (e) landfill gas; or (f) biomass energy based on 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.
(27) "Resale" means the purchase and subsequent sale of electricity
for profit, but does not include the purchase and the subsequent sale
of electricity at the same rate at which the electricity was purchased.
(28) "Retail electric customer" means a person or entity that
purchases electricity for ultimate consumption and not for resale.
(29) "Retail supplier" means an electric utility that offers an
electricity product for sale to retail electric customers in the state.
(30) "Small utility" means any consumer-owned utility with twenty-five thousand or fewer electric meters in service, or that has an
average of seven or fewer customers per mile of distribution line.
(31) "Solar generation" means electricity derived from radiation
from the sun that is directly or indirectly converted to electrical
energy.
(32) "State" means the state of Washington.
(33) "Waste incineration generation" means electricity derived from
burning solid or liquid wastes from businesses, households,
municipalities, or waste treatment operations.
(34) "Wind generation" means electricity created by movement of air
that is converted to electrical energy.
Sec. 11 RCW 24.46.010 and 1995 c 399 s 12 are each amended to
read as follows:
It is the finding of the legislature that foreign trade zones serve
an important public purpose by the creation of employment opportunities
within the state and that the establishment of zones designed to
accomplish this purpose is to be encouraged. It is the further intent
of the legislature that the department of ((community, trade, and
economic development)) commerce provide assistance to entities planning
to apply to the United States for permission to establish such zones.
Sec. 12 RCW 24.50.010 and 2006 c 34 s 2 are each amended to read
as follows:
(1) Washington manufacturing services is organized as a private,
nonprofit corporation in accordance with chapter 24.03 RCW and this
section. The mission of the center is to operate a modernization
extension system, coordinate a network of public and private
modernization resources, and stimulate the competitiveness of small and
midsize manufacturers in Washington.
(2) Washington manufacturing services shall be governed by a board
of directors. A majority of the board of directors shall be
representatives of small and medium-sized manufacturing firms and
industry associations, networks, or consortia. The board shall also
include at least one member representing labor unions or labor councils
and, as ex officio members, the director of the department of
((community, trade, and economic development)) commerce, the executive
director of the state board for community and technical colleges, and
the director of the workforce training and education coordinating
board, or their respective designees.
(3) Washington manufacturing services may:
(a) Charge fees for services, make and execute contracts with any
individual, corporation, association, public agency, or any other
entity, and employ all other legal instruments necessary or convenient
for the performance of its duties and the exercise of its powers and
functions under this chapter; and
(b) Receive funds from federal, state, or local governments,
private businesses, foundations, or any other source for purposes
consistent with this chapter.
(4) Washington manufacturing services shall:
(a) Develop policies, plans, and programs to assist in the
modernization of businesses in targeted sectors of Washington's economy
and coordinate the delivery of modernization services;
(b) Provide information about the advantages of modernization and
the modernization services available in the state to federal, state,
and local economic development officials, state colleges and
universities, and private providers;
(c) Collaborate with the Washington quality initiative in the
development of manufacturing quality standards and quality
certification programs;
(d) Serve as an information clearinghouse and provide access for
users to the federal manufacturing extension partnership national
research and information system; and
(e) Provide, either directly or through contracts, assistance to
industry associations, networks, or consortia, that would be of value
to their member firms in:
(i) Adopting advanced business management practices such as
strategic planning and total quality management;
(ii) Developing mechanisms for interfirm collaboration and
cooperation;
(iii) Appraising, purchasing, installing, and effectively using
equipment, technologies, and processes that improve the quality of
goods and services and the productivity of the firm;
(iv) Improving human resource systems and workforce training in a
manner that moves firms toward flexible, high-performance work
organizations;
(v) Developing new products;
(vi) Conducting market research, analysis, and development of new
sales channels and export markets;
(vii) Improving processes to enhance environmental, health, and
safety compliance; and
(viii) Improving credit, capital management, and business finance
skills.
Sec. 13 RCW 28A.160.090 and 1995 c 399 s 20 are each amended to
read as follows:
Each school district board shall determine its own policy as to
whether or not its school buses will be rented or leased for the
purposes of RCW 28A.160.080, and if the board decision is to rent or
lease, under what conditions, subject to the following:
(1) Such renting or leasing may take place only after the director
of ((community, trade, and economic development)) commerce or any of
his or her agents so authorized has, at the request of an involved
governmental agency, declared that an emergency exists in a designated
area insofar as the need for additional transport is concerned.
(2) The agency renting or leasing the school buses must agree, in
writing, to reimburse the school district for all costs and expenses
related to their use and also must provide an indemnity agreement
protecting the district against any type of claim or legal action
whatsoever, including all legal costs incident thereto.
Sec. 14 RCW 28A.300.150 and 2006 c 263 s 705 are each amended to
read as follows:
The superintendent of public instruction shall collect and
disseminate to school districts information on child abuse and neglect
prevention curriculum and shall adopt rules dealing with the prevention
of child abuse for purposes of curriculum use in the common schools.
The superintendent of public instruction and the departments of social
and health services and ((community, trade, and economic development))
commerce shall share relevant information.
Sec. 15 RCW 28A.300.160 and 1995 c 399 s 21 are each amended to
read as follows:
(1) The office of the superintendent of public instruction shall be
the lead agency and shall assist the department of social and health
services, the department of ((community, trade, and economic
development)) commerce, and school districts in establishing a
coordinated primary prevention program for child abuse and neglect.
(2) In developing the program, consideration shall be given to the
following:
(a) Parent, teacher, and children's workshops whose information and
training is:
(i) Provided in a clear, age-appropriate, nonthreatening manner,
delineating the problem and the range of possible solutions;
(ii) Culturally and linguistically appropriate to the population
served;
(iii) Appropriate to the geographic area served; and
(iv) Designed to help counteract common stereotypes about child
abuse victims and offenders;
(b) Training for school age children's parents and school staff,
which includes:
(i) Physical and behavioral indicators of abuse;
(ii) Crisis counseling techniques;
(iii) Community resources;
(iv) Rights and responsibilities regarding reporting;
(v) School district procedures to facilitate reporting and apprise
supervisors and administrators of reports; and
(vi) Caring for a child's needs after a report is made;
(c) Training for licensed day care providers and parents that
includes:
(i) Positive child guidance techniques;
(ii) Physical and behavioral indicators of abuse;
(iii) Recognizing and providing safe, quality day care;
(iv) Community resources;
(v) Rights and responsibilities regarding reporting; and
(vi) Caring for the abused or neglected child;
(d) Training for children that includes:
(i) The right of every child to live free of abuse;
(ii) How to disclose incidents of abuse and neglect;
(iii) The availability of support resources and how to obtain help;
(iv) Child safety training and age-appropriate self-defense
techniques; and
(v) A period for crisis counseling and reporting immediately
following the completion of each children's workshop in a school
setting which maximizes the child's privacy and sense of safety.
(3) The primary prevention program established under this section
shall be a voluntary program and shall not be part of the basic program
of education.
(4) Parents shall be given notice of the primary prevention program
and may refuse to have their children participate in the program.
Sec. 16 RCW 28A.515.320 and 1996 c 186 s 503 are each amended to
read as follows:
The common school construction fund is to be used exclusively for
the purpose of financing the construction of facilities for the common
schools. The sources of said fund shall be: (1) Those proceeds
derived from sale or appropriation of timber and other crops from
school and state land other than those granted for specific purposes;
(2) the interest accruing on the permanent common school fund less the
allocations to the state treasurer's service ((account [fund])) fund
pursuant to RCW 43.08.190 and the state investment board expense
account pursuant to RCW 43.33A.160 together with all rentals and other
revenue derived therefrom and from land and other property devoted to
the permanent common school fund; (3) all moneys received by the state
from the United States under the provisions of section 191, Title 30,
United States Code, Annotated, and under section 810, chapter 12, Title
16, (Conservation), United States Code, Annotated, except moneys
received before June 30, 2001, and when thirty megawatts of geothermal
power is certified as commercially available by the receiving utilities
and the department of ((community, trade, and economic development))
commerce, eighty percent of such moneys, under the Geothermal Steam Act
of 1970 pursuant to RCW 43.140.030; and (4) such other sources as the
legislature may direct. That portion of the common school construction
fund derived from interest on the permanent common school fund may be
used to retire such bonds as may be authorized by law for the purpose
of financing the construction of facilities for the common schools.
The interest accruing on the permanent common school fund less the
allocations to the state treasurer's service fund pursuant to RCW
43.08.190 and the state investment board expense account pursuant to
RCW 43.33A.160 together with all rentals and other revenues accruing
thereto pursuant to subsection (2) of this section prior to July 1,
1967, shall be exclusively applied to the current use of the common
schools.
To the extent that the moneys in the common school construction
fund are in excess of the amount necessary to allow fulfillment of the
purpose of said fund, the excess shall be available for deposit to the
credit of the permanent common school fund or available for the current
use of the common schools, as the legislature may direct. Any money
from the common school construction fund which is made available for
the current use of the common schools shall be restored to the fund by
appropriation, including interest income ((foregone [forgone]))
forgone, before the end of the next fiscal biennium following such use.
Sec. 17 RCW 28B.06.030 and 1995 c 335 s 303 are each amended to
read as follows:
(1) The state board for community and technical colleges, in
consultation with the department of ((community, trade, and economic
development)) commerce, the department of social and health services,
the superintendent of public instruction, and community-based,
nonprofit providers of adult literacy services, shall develop an adult
literacy program to serve eligible parents as defined under RCW
((28A.610.020)) 28B.06.020. The program shall give priority to serving
parents with children who have not yet enrolled in school or are in
grades kindergarten through three.
(2) In addition to providing basic skills instruction to eligible
parents, the program may include other program components which may
include transportation, child care, and such other directly necessary
activities as may be necessary to accomplish the purposes of this
chapter.
(3) Parents who elect to participate in training or work programs,
as a condition of receiving public assistance, shall have the hours
spent in parent participation programs, conducted as part of a federal
head start program, or the state early childhood education and
assistance program under RCW ((28A.215.100 through 28A.215.200 and
28A.215.900 through 28A.215.908)) 43.215.400 through 43.215.450 and
43.215.900 through 43.215.903, or parent literacy programs under this
chapter, counted toward the fulfillment of their work and training
obligation for the receipt of public assistance.
(4) State funds as may be appropriated for project even start shall
be used solely to expand and complement, but not supplant, federal
funds for adult literary programs.
(5) The state board for community and technical colleges shall
adopt rules as necessary to carry out the purposes of this chapter.
Sec. 18 RCW 28B.20.283 and 1995 c 399 s 25 are each amended to
read as follows:
The legislature finds that the development and commercialization of
new technology is a vital part of economic development.
The legislature also finds that it is in the interests of the state
of Washington to provide a mechanism to transfer and apply research and
technology developed at the institutions of higher education to the
private sector in order to create new products and technologies which
provide job opportunities in advanced technology for the citizens of
this state.
It is the intent of the legislature that the University of
Washington, the Washington State University, and the department of
((community, trade, and economic development)) commerce work
cooperatively with the private sector in the development and
implementation of a world class technology transfer program.
Sec. 19 RCW 28B.20.289 and 2003 c 403 s 11 are each amended to
read as follows:
(1) The technology center shall be administered by the board of
directors of the technology center.
(2) The board shall consist of the following members: Fourteen
members from among individuals who are associated with or employed by
technology-based industries and have broad business experience and an
understanding of high technology; eight members from the state's
universities with graduate science and engineering programs; the
executive director of the Spokane Intercollegiate Research and
Technology Institute or his or her designated representative; the
provost of the University of Washington or his or her designated
representative; the provost of the Washington State University or his
or her designated representative; and the director of the department of
((community, trade, and economic development)) commerce or his or her
designated representative. The term of office for each board member,
excluding the executive director of the Spokane Intercollegiate
Research and Technology Institute, the provost of the University of
Washington, the provost of the Washington State University, and the
director of the department of ((community, trade, and economic
development)) commerce, shall be three years. The executive director
of the technology center shall be an ex officio, nonvoting member of
the board. The board shall meet at least quarterly. Board members
shall be appointed by the governor based on the recommendations of the
existing board of the technology center, and the research universities.
The governor shall stagger the terms of the first group of appointees
to ensure the long term continuity of the board.
(3) The duties of the board include:
(a) Developing the general operating policies for the technology
center;
(b) Appointing the executive director of the technology center;
(c) Approving the annual operating budget of the technology center;
(d) Establishing priorities for the selection and funding of
research projects that guarantee the greatest potential return on the
state's investment;
(e) Approving and allocating funding for research projects
conducted by the technology center, based on the recommendations of the
advisory committees for each of the research centers;
(f) In cooperation with the department of ((community, trade, and
economic development)) commerce, developing a biennial work plan and
five-year strategic plan for the technology center that are consistent
with the statewide technology development and commercialization goals;
(g) Coordinating with the University of Washington, Washington
State University, and other participating institutions of higher
education in the development of training, research, and development
programs to be conducted at the technology center that shall be
targeted to meet industrial needs;
(h) Assisting the department of ((community, trade, and economic
development)) commerce in the department's efforts to develop state
science and technology public policies and coordinate publicly funded
programs;
(i) Performing the duties required under chapter 70.210 RCW
relating to the investing in innovation grants program;
(j) Reviewing annual progress reports on funded research projects
that are prepared by the advisory committees for each of the research
centers;
(k) Providing an annual report to the governor and the legislature
detailing the activities and performance of the technology center; and
(l) Submitting annually to the department of ((community, trade,
and economic development)) commerce an updated strategic plan and a
statement of performance measured against the mission, roles, and
contractual obligations of the technology center.
Sec. 20 RCW 28B.20.293 and 1995 c 399 s 27 are each amended to
read as follows:
The department of ((community, trade, and economic development))
commerce shall contract with the University of Washington for the
expenditure of state-appropriated funds for the operation of the
Washington technology center. The department ((of community, trade,
and economic development)) shall provide guidance to the technology
center regarding expenditure of state-appropriated funds and the
development of the center's strategic plan. The director of ((the
department of community, trade, and economic development)) commerce
shall not withhold funds appropriated for the technology center if the
technology center complies with the provisions of its contract with the
department ((of community, trade, and economic development)). The
department shall be responsible to the legislature for the contractual
performance of the center.
Sec. 21 RCW 28B.20.296 and 2004 c 151 s 2 are each amended to
read as follows:
(1) The Washington technology center, through its northwest energy
technology collaborative, shall provide a forum for public and private
collaborative initiatives to promote renewable energy and energy
efficiency sectors in Washington state and the Pacific Northwest. The
center shall seek to integrate the initiatives of the northwest energy
technology collaborative into existing state programs and initiatives,
including grant programs administered by the center, and energy
efficiency business development projects and energy assistance programs
of the department of ((community, trade, and economic development))
commerce.
(2) The center, through its northwest energy technology
collaborative, shall develop and implement a strategic plan for public
and private collaboration in renewable energy and energy efficiency
business development. The center, together with the department, shall
prepare an initial draft of a statewide strategic plan and circulate it
widely among businesses and individuals in these sectors for review and
comment. The center shall also organize a summit of public and private
sector interests to further developments of the proposed strategic
plan. The plan shall address, among other things, the role that public
sector policies, programs, and expenditures may play in promoting these
economic sectors, including subjects such as workforce development,
education, tax incentives, economic development assistance, public
sector energy purchases, public sector construction standards,
transportation, and land use regulation and zoning. The strategic plan
shall include recommendations for legislative and administrative policy
changes and for legislative appropriations. The plan shall also
recommend proposals for capital and operating investments in public
higher education facilities, proposals for creating and strengthening
public and private partnerships, and proposals for federal financial
assistance and expenditures for research and development programs in
Washington state. The finalized strategic plan shall be provided to
the governor and to the appropriate committees of the senate and house
of representatives by January 1, 2005.
(3) The strategic plan required by subsection (2) of this section
may be incorporated into the center's five-year strategic plan required
by RCW 28B.20.289(3)(f).
Sec. 22 RCW 28B.30.530 and 2009 c 486 s 1 are each amended to
read as follows:
(1) The board of regents of Washington State University shall
establish the Washington State University small business development
center.
(2) The center shall provide management and technical assistance
including but not limited to training, counseling, and research
services to small businesses throughout the state. The center shall
work with the department of ((community, trade, and economic
development)) commerce, the state board for community and technical
colleges, the higher education coordinating board, the workforce
training and education coordinating board, the employment security
department, the Washington state economic development commission,
associate development organizations, and workforce development councils
to:
(a) Integrate small business development centers with other state
and local economic development and workforce development programs;
(b) Target the centers' services to small businesses;
(c) Tailor outreach and services at each center to the needs and
demographics of entrepreneurs and small businesses located within the
service area;
(d) Establish and expand small business development center
satellite offices when financially feasible; and
(e) Coordinate delivery of services to avoid duplication.
(3) The administrator of the center may contract with other public
or private entities for the provision of specialized services.
(4) The small business development center may accept and disburse
federal grants or federal matching funds or other funds or donations
from any source when made, granted, or donated to carry out the
center's purposes. When drawing on funds from the business assistance
account created in RCW ((30.60.010)) 28B.30.531, the center must first
use the funds to make increased management and technical assistance
available to small and start-up businesses at satellite offices. The
funds may also be used to develop and expand assistance programs such
as small business planning workshops and small business counseling.
(5) The legislature directs the small business development center
to request United States small business administration approval of a
special emphasis initiative, as permitted under 13 C.F.R. 130.340(c) as
of April 1, 2009, to target assistance to Washington state's smaller
businesses. This initiative would be negotiated and included in the
first cooperative agreement application process that occurs after July
26, 2009.
(6) By December 1, 2009, and December 1, 2010, respectively, the
center shall provide a written progress report and a final report to
the appropriate committees of the legislature with respect to the
requirements in subsections (2) and (5) of this section and the amount
and use of funding received through the business assistance account.
The reports must also include data on the number, location, staffing,
and budget levels of satellite offices; affiliations with community
colleges, associate development organizations or other local
organizations; the number, size, and type of small businesses assisted;
and the types of services provided. The reports must also include
information on the outcomes achieved, such as jobs created or retained,
private capital invested, and return on the investment of state and
federal dollars.
Sec. 23 RCW 28B.30.537 and 1998 c 245 s 20 are each amended to
read as follows:
The IMPACT center shall:
(1) Coordinate the teaching, research, and extension expertise of
the college of agriculture and home economics at Washington State
University to assist in:
(a) The design and development of information and strategies to
expand the long-term international markets for Washington agricultural
products; and
(b) The dissemination of such information and strategies to
Washington exporters, overseas users, and public and private trade
organizations;
(2) Research and identify current impediments to increased exports
of Washington agricultural products, and determine methods of
surmounting those impediments and opportunities for exporting new
agricultural products and commodities to foreign markets;
(3) Prepare curricula to present and distribute information
concerning international trade in agricultural commodities and products
to students, exporters, international traders, and the public;
(4) Provide high-quality research and graduate education and
professional nondegree training in international trade in agricultural
commodities in cooperation with other existing programs;
(5) Ensure that activities of the center adequately reflect the
objectives for the state's agricultural market development programs
established by the department of agriculture as the lead state agency
for such programs under chapter 43.23 RCW; and
(6) Link itself through cooperative agreements with the center for
international trade in forest products at the University of Washington,
the state department of agriculture, the department of ((community,
trade, and economic development)) commerce, Washington's agriculture
businesses and associations, and other state agency data collection,
processing, and dissemination efforts.
Sec. 24 RCW 28B.30.900 and 1996 c 186 s 201 are each amended to
read as follows:
(1) All powers, duties, and functions of the state energy office
under RCW 43.21F.045 relating to implementing energy education, applied
research, and technology transfer programs shall be transferred to
Washington State University.
(2) The specific programs transferred to Washington State
University shall include but not be limited to the following:
Renewable energy, energy software, industrial energy efficiency,
education and information, energy ideas clearinghouse, and
telecommunications.
(3)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the state energy
office pertaining to the powers, functions, and duties transferred
shall be delivered to the custody of Washington State University. All
cabinets, furniture, office equipment, software, database, motor
vehicles, and other tangible property employed by the state energy
office in carrying out the powers, functions, and duties transferred
shall be made available to Washington State University.
(b) Any appropriations made to, any other funds provided to, or any
grants made to or contracts with the state energy office for carrying
out the powers, functions, and duties transferred shall, on July 1,
1996, be transferred and credited to Washington State University.
(c) Whenever any question arises as to the transfer of any funds,
books, documents, records, papers, files, software, database,
equipment, or other tangible property used or held in the exercise of
the powers and the performance of the duties and functions transferred,
an arbitrator mutually agreed upon by the parties in dispute shall make
a determination as to the proper allocation and certify the same to the
state agencies concerned.
(d) All rules and all pending business before the state energy
office pertaining to the powers, functions, and duties transferred
shall be continued and acted upon by Washington State University. All
existing contracts, grants, and obligations, excluding personnel
contracts and obligations, shall remain in full force and shall be
assigned to and performed by Washington State University.
(e) The transfer of the powers, duties, and functions of the state
energy office does not affect the validity of any act performed before
July 1, 1996.
(f) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of the office of
financial management shall certify the apportionments to the agencies
affected, the state auditor, and the state treasurer. Each of these
shall make the appropriate transfer and adjustments in funds and
appropriation.
(4) Washington State University shall enter into an interagency
agreement with the department of ((community, trade, and economic
development)) commerce regarding the relationship between policy
development and public outreach. The department of ((community, trade,
and economic development)) commerce shall provide Washington State
University available existing and future oil overcharge restitution and
federal energy block funding for a minimum period of five years to
carry out energy programs. Nothing in chapter 186, Laws of 1996
prohibits Washington State University from seeking grant funding for
energy-related programs directly from other entities.
(5) Washington State University shall select and appoint existing
state energy office employees to positions to perform the duties and
functions transferred. Employees appointed by Washington State
University are exempt from the provisions of chapter 41.06 RCW unless
otherwise designated by the institution. Any future vacant or new
positions will be filled using Washington State University's standard
hiring procedures.
Sec. 25 RCW 28B.38.020 and 1998 c 344 s 10 are each amended to
read as follows:
(1) The institute shall be administered by the board of directors.
(2) The board shall consist of the following members:
(a) Nine members of the general public. Of the general public
membership, at least six shall be individuals who are associated with
or employed by technology-based or manufacturing-based industries and
have broad business experience and an understanding of high technology;
(b) The executive director of the Washington technology center or
the director's designee;
(c) The provost of Washington State University or the provost's
designee;
(d) The provost of Eastern Washington University or the provost's
designee;
(e) The provost of Central Washington University or the provost's
designee;
(f) The provost of the University of Washington or the provost's
designee;
(g) An academic representative from the Spokane community colleges;
(h) One member from Gonzaga University; and
(i) One member from Whitworth College.
(3) The term of office for each board member, excluding the
executive director of the Washington technology center, the provosts of
Washington State University, Eastern Washington University, Central
Washington University, and the University of Washington, shall be three
years. The executive director of the institute shall be an ex officio,
nonvoting member of the board. Board members shall be appointed by the
governor. Initial appointments shall be for staggered terms to ensure
the long-term continuity of the board. The board shall meet at least
quarterly.
(4) The duties of the board include:
(a) Developing the general operating policies for the institute;
(b) Appointing the executive director of the institute;
(c) Approving the annual operating budget of the institute;
(d) Establishing priorities for the selection and funding of
research projects that guarantee the greatest potential return on the
state's investment;
(e) Approving and allocating funding for research projects
conducted by the institute;
(f) In cooperation with the department of ((community, trade, and
economic development)) commerce, developing a biennial work plan and
five-year strategic plan for the institute that are consistent with the
statewide technology development and commercialization goals;
(g) Coordinating with public, independent, and private institutions
of higher education, and other participating institutions of higher
education in the development of training, research, and development
programs to be conducted at the institute that are targeted to meet
industrial needs;
(h) Assisting the department of ((community, trade, and economic
development)) commerce in the department's efforts to develop state
science and technology public policies and coordinate publicly funded
programs;
(i) Reviewing annual progress reports on funded research projects;
(j) Providing an annual report to the governor and the legislature
detailing the activities and performance of the institute; and
(k) Submitting annually to the department of ((community, trade,
and economic development)) commerce an updated strategic plan and a
statement of performance measured against the mission, roles, and
contractual obligations of the institute.
(5) The board may enter into contracts to fulfill its
responsibilities and purposes under this chapter.
Sec. 26 RCW 28B.38.050 and 1998 c 344 s 13 are each amended to
read as follows:
The department of ((community, trade, and economic development))
commerce shall contract with the institute for the expenditure of
state-appropriated funds for the operation of the institute. The
department ((of community, trade, and economic development)) shall
provide guidance to the institute regarding expenditure of state-appropriated funds and the development of the institute's strategic
plan. The director of the department ((of community, trade, and
economic development)) shall not withhold funds appropriated for the
institute if the institute complies with the provisions of its contract
with the department ((of community, trade, and economic development)).
The department is responsible to the legislature for the contractual
performance of the institute.
Sec. 27 RCW 28B.50.281 and 2009 c 536 s 9 are each amended to
read as follows:
(1) The state board shall work with the leadership team, the
Washington state apprenticeship and training council, and the office of
the superintendent of public instruction to jointly develop, by June
30, 2010, curricula and training programs, to include on-the-job
training, classroom training, and safety and health training, for the
development of the skills and qualifications identified by the
department of ((community, trade, and economic development)) commerce
under section 7 of this act.
(2) The board shall target a portion of any federal stimulus
funding received to ensure commensurate capacity for high employer-demand programs of study developed under this section. To that end,
the state board must coordinate with the department, the leadership
team, the workforce board, or another appropriate state agency in the
application for and receipt of any funding that may be made available
through the federal youthbuild program, workforce investment act, job
corps, or other relevant federal programs.
(3) The board shall provide an interim report to the appropriate
committees of the legislature by December 1, 2011, and a final report
by December 1, 2013, detailing the effectiveness of, and any
recommendations for improving, the worker training curricula and
programs established in this section.
(4) Existing curricula and training programs or programs provided
by community and technical colleges in the state developed under this
section must be recognized as programs of study under RCW 28B.50.273.
(5) Subject to available funding, the board may grant enrollment
priority to persons who qualify for a waiver under RCW 28B.15.522 and
who enroll in curricula and training programs provided by community or
technical colleges in the state that have been developed in accordance
with this section.
(6) The college board may prioritize workforce training programs
that lead to a credential, certificate, or degree in green economy
jobs. For purposes of this section, green economy jobs include those
in the primary industries of a green economy including clean energy,
high-efficiency building, green transportation, and environmental
protection. Prioritization efforts may include but are not limited to:
(a) Prioritization of the use of high employer-demand funding for
workforce training programs in green economy jobs, if the programs meet
minimum criteria for identification as a high-demand program of study
as defined by the state board for community and technical colleges,
however any additional community and technical college high-demand
funding authorized for the 2009-2011 fiscal biennium and thereafter may
be subject to prioritization; (b) increased outreach efforts to public
utilities, education, labor, government, and private industry to
develop tailored, green job training programs; and (c) increased
outreach efforts to target populations. Outreach efforts shall be
conducted in partnership with local workforce development councils.
(7) The definitions in RCW 43.330.010 apply to this section and RCW
28B.50.282.
Sec. 28 RCW 28B.50.902 and 2009 c 151 s 4 are each amended to
read as follows:
The college board, in consultation with business, industry, labor,
the workforce training and education coordinating board, the department
of ((community, trade, and economic development)) commerce, the
employment security department, and community and technical colleges,
shall designate centers of excellence and allocate funds to existing
and new centers of excellence based on a competitive basis.
Eligible applicants for the program established under this section
include community and technical colleges. Priority shall be given to
applicants that have an established education and training program
serving the targeted industry and that have in their home district or
region an industry cluster with the same targeted industry at its core.
It is the role of centers of excellence to employ strategies to:
Create educational efficiencies; build a diverse, competitive workforce
for strategic industries; maintain an institutional reputation for
innovation and responsiveness; develop innovative curriculum and means
of delivering education and training; act as brokers of information and
resources related to community and technical college education and
training for a targeted industry; and serve as partners with workforce
development councils, associate development organizations, and other
workforce and economic development organizations.
Examples of strategies include but are not limited to: Sharing
curriculum and other instructional resources, to ensure cost savings to
the system; delivering collaborative certificate and degree programs;
and holding statewide summits, seminars, conferences, and workshops on
industry trends and best practices in community and technical college
education and training.
Sec. 29 RCW 28B.65.040 and 1995 c 399 s 29 are each amended to
read as follows:
(1) The Washington high-technology coordinating board is hereby
created.
(2) The board shall be composed of eighteen members as follows:
(a) Eleven shall be citizen members appointed by the governor, with
the consent of the senate, for four-year terms. In making the
appointments the governor shall ensure that a balanced geographic
representation of the state is achieved and shall attempt to choose
persons experienced in high-technology fields, including at least one
representative of labor. Any person appointed to fill a vacancy
occurring before a term expires shall be appointed only for the
remainder of that term; and
(b) Seven of the members shall be as follows: One representative
from each of the state's two research universities, one representative
of the state college and regional universities, the director for the
state system of community and technical colleges or the director's
designee, the superintendent of public instruction or the
superintendent's designee, a representative of the higher education
coordinating board, and the director of the department of ((community,
trade, and economic development)) commerce or the director's designee.
(3) Members of the board shall not receive any salary for their
services, but shall be reimbursed for travel expenses under RCW
43.03.050 and 43.03.060 for each day actually spent in attending to
duties as a member of the board.
(4) A citizen member of the board shall not be, during the term of
office, a member of the governing board of any public or private
educational institution, or an employee of any state or local agency.
Sec. 30 RCW 28B.65.050 and 1998 c 245 s 22 are each amended to
read as follows:
(1) The board shall oversee, coordinate, and evaluate the high-technology programs.
(2) The board shall:
(a) Determine the specific high-technology occupational fields in
which technical training is needed and advise the institutions of
higher education and the higher education coordinating board on their
findings;
(b) Identify economic areas and high-technology industries in need
of technical training and research and development critical to economic
development and advise the institutions of higher education and the
higher education coordinating board on their findings;
(c) Oversee and coordinate the Washington high-technology education
and training program to ensure high standards, efficiency, and
effectiveness;
(d) Work cooperatively with the superintendent of public
instruction to identify the skills prerequisite to the high-technology
programs in the institutions of higher education;
(e) Work cooperatively with and provide any information or advice
which may be requested by the higher education coordinating board
during the board's review of new baccalaureate degree program proposals
which are submitted under this chapter. Nothing in this chapter shall
be construed as altering or superseding the powers or prerogatives of
the higher education coordinating board over the review of new degree
programs as established in section 6(2) of this 1985 act;
(f) Work cooperatively with the department of ((community, trade,
and economic development)) commerce to identify the high-technology
education and training needs of existing Washington businesses and
businesses with the potential to locate in Washington;
(g) Work towards increasing private sector participation and
contributions in Washington high-technology programs;
(h) Identify and evaluate the effectiveness of state sponsored
research related to high technology; and
(i) Establish and maintain a plan, including priorities, to guide
high-technology program development in public institutions of higher
education, which plan shall include an assessment of current high-technology programs, steps to increase existing programs, new
initiatives and programs necessary to promote high technology, and
methods to coordinate and target high-technology programs to changing
market opportunities in business and industry.
(3) The board may adopt rules under chapter 34.05 RCW as it deems
necessary to carry out the purposes of this chapter.
(4) The board shall cease to exist on June 30, 1987, unless
extended by law for an additional fixed period of time.
Sec. 31 RCW 28B.65.060 and 1995 c 399 s 31 are each amended to
read as follows:
Staff support for the high-technology coordinating board shall be
provided by the department of ((community, trade, and economic
development)) commerce.
Sec. 32 RCW 28B.109.020 and 1996 c 253 s 402 are each amended to
read as follows:
The Washington international exchange scholarship program is
created subject to funding under RCW 28B.109.060. The program shall be
administered by the board. In administering the program, the board
may:
(1) Convene an advisory committee that may include but need not be
limited to representatives of the office of the superintendent of
public instruction, the department of ((community, trade, and economic
development)) commerce, the secretary of state, private business, and
institutions of higher education;
(2) Select students to receive the scholarship with the assistance
of a screening committee composed of leaders in business, international
trade, and education;
(3) Adopt necessary rules and guidelines including rules for
disbursing scholarship funds to participants;
(4) Publicize the program;
(5) Solicit and accept grants and donations from public and private
sources for the program;
(6) Establish and notify participants of service obligations; and
(7) Establish a formula for selecting the countries from which
participants may be selected in consultation with the department of
((community, trade, and economic development)) commerce.
Sec. 33 RCW 28C.18.060 and 2009 c 151 s 6 are each amended to
read as follows:
The board, in cooperation with the operating agencies of the state
training system and private career schools and colleges, shall:
(1) Concentrate its major efforts on planning, coordination
evaluation, policy analysis, and recommending improvements to the
state's training system;
(2) Advocate for the state training system and for meeting the
needs of employers and the workforce for workforce education and
training;
(3) Establish and maintain an inventory of the programs of the
state training system, and related state programs, and perform a
biennial assessment of the vocational education, training, and adult
basic education and literacy needs of the state; identify ongoing and
strategic education needs; and assess the extent to which employment,
training, vocational and basic education, rehabilitation services, and
public assistance services represent a consistent, integrated approach
to meet such needs;
(4) Develop and maintain a state comprehensive plan for workforce
training and education, including but not limited to, goals,
objectives, and priorities for the state training system, and review
the state training system for consistency with the state comprehensive
plan. In developing the state comprehensive plan for workforce
training and education, the board shall use, but shall not be limited
to: Economic, labor market, and populations trends reports in office
of financial management forecasts; joint office of financial management
and employment security department labor force, industry employment,
and occupational forecasts; the results of scientifically based
outcome, net-impact and cost-benefit evaluations; the needs of
employers as evidenced in formal employer surveys and other employer
input; and the needs of program participants and workers as evidenced
in formal surveys and other input from program participants and the
labor community;
(5) In consultation with the higher education coordinating board,
review and make recommendations to the office of financial management
and the legislature on operating and capital facilities budget requests
for operating agencies of the state training system for purposes of
consistency with the state comprehensive plan for workforce training
and education;
(6) Provide for coordination among the different operating agencies
and components of the state training system at the state level and at
the regional level;
(7) Develop a consistent and reliable database on vocational
education enrollments, costs, program activities, and job placements
from publicly funded vocational education programs in this state;
(8)(a) Establish standards for data collection and maintenance for
the operating agencies of the state training system in a format that is
accessible to use by the board. The board shall require a minimum of
common core data to be collected by each operating agency of the state
training system;
(b) Develop requirements for minimum common core data in
consultation with the office of financial management and the operating
agencies of the training system;
(9) Establish minimum standards for program evaluation for the
operating agencies of the state training system, including, but not
limited to, the use of common survey instruments and procedures for
measuring perceptions of program participants and employers of program
participants, and monitor such program evaluation;
(10) Every two years administer scientifically based outcome
evaluations of the state training system, including, but not limited
to, surveys of program participants, surveys of employers of program
participants, and matches with employment security department payroll
and wage files. Every five years administer scientifically based net-impact and cost-benefit evaluations of the state training system;
(11) In cooperation with the employment security department,
provide for the improvement and maintenance of quality and utility in
occupational information and forecasts for use in training system
planning and evaluation. Improvements shall include, but not be
limited to, development of state-based occupational change factors
involving input by employers and employees, and delineation of skill
and training requirements by education level associated with current
and forecasted occupations;
(12) Provide for the development of common course description
formats, common reporting requirements, and common definitions for
operating agencies of the training system;
(13) Provide for effectiveness and efficiency reviews of the state
training system;
(14) In cooperation with the higher education coordinating board,
facilitate transfer of credit policies and agreements between
institutions of the state training system, and encourage articulation
agreements for programs encompassing two years of secondary workforce
education and two years of postsecondary workforce education;
(15) In cooperation with the higher education coordinating board,
facilitate transfer of credit policies and agreements between private
training institutions and institutions of the state training system;
(16) Develop policy objectives for the workforce investment act,
P.L. 105-220, or its successor; develop coordination criteria for
activities under the act with related programs and services provided by
state and local education and training agencies; and ensure that
entrepreneurial training opportunities are available through programs
of each local workforce investment board in the state;
(17) Make recommendations to the commission of student assessment,
the state board of education, and the superintendent of public
instruction, concerning basic skill competencies and essential core
competencies for K-12 education. Basic skills for this purpose shall
be reading, writing, computation, speaking, and critical thinking,
essential core competencies for this purpose shall be English, math,
science/technology, history, geography, and critical thinking. The
board shall monitor the development of and provide advice concerning
secondary curriculum which integrates vocational and academic
education;
(18) Establish and administer programs for marketing and outreach
to businesses and potential program participants;
(19) Facilitate the location of support services, including but not
limited to, child care, financial aid, career counseling, and job
placement services, for students and trainees at institutions in the
state training system, and advocate for support services for trainees
and students in the state training system;
(20) Facilitate private sector assistance for the state training
system, including but not limited to: Financial assistance, rotation
of private and public personnel, and vocational counseling;
(21) Facilitate the development of programs for school-to-work
transition that combine classroom education and on-the-job training,
including entrepreneurial education and training, in industries and
occupations without a significant number of apprenticeship programs;
(22) Include in the planning requirements for local workforce
investment boards a requirement that the local workforce investment
boards specify how entrepreneurial training is to be offered through
the one-stop system required under the workforce investment act, P.L.
105-220, or its successor;
(23) Encourage and assess progress for the equitable representation
of racial and ethnic minorities, women, and people with disabilities
among the students, teachers, and administrators of the state training
system. Equitable, for this purpose, shall mean substantially
proportional to their percentage of the state population in the
geographic area served. This function of the board shall in no way
lessen more stringent state or federal requirements for representation
of racial and ethnic minorities, women, and people with disabilities;
(24) Participate in the planning and policy development of governor
set-aside grants under P.L. 97-300, as amended;
(25) Administer veterans' programs, licensure of private vocational
schools, the job skills program, and the Washington award for
vocational excellence;
(26) Allocate funding from the state job training trust fund;
(27) Work with the director of ((community, trade, and economic
development)) commerce and the economic development commission to
ensure coordination among workforce training priorities, the long-term
economic development strategy of the economic development commission,
and economic development and entrepreneurial development efforts,
including but not limited to assistance to industry clusters;
(28) Conduct research into workforce development programs designed
to reduce the high unemployment rate among young people between
approximately eighteen and twenty-four years of age. In consultation
with the operating agencies, the board shall advise the governor and
legislature on policies and programs to alleviate the high unemployment
rate among young people. The research shall include disaggregated
demographic information and, to the extent possible, income data for
adult youth. The research shall also include a comparison of the
effectiveness of programs examined as a part of the research conducted
in this subsection in relation to the public investment made in these
programs in reducing unemployment of young adults. The board shall
report to the appropriate committees of the legislature by November 15,
2008, and every two years thereafter. Where possible, the data
reported to the legislative committees should be reported in numbers
and in percentages;
(29) Adopt rules as necessary to implement this chapter.
The board may delegate to the director any of the functions of this
section.
Sec. 34 RCW 28C.18.130 and 2008 c 103 s 3 are each amended to
read as follows:
(1) Subject to funding provided for the purposes of this section,
the board, in consultation with the state board for community and
technical colleges, the department of ((community, trade, and economic
development)) commerce, and the employment security department, shall
allocate grants on a competitive basis to establish and support
industry skill panels.
(2) Eligible applicants for the grants allocated under this section
include, but are not limited to, workforce development councils,
community and technical colleges, economic development councils,
private career schools, chambers of commerce, trade associations, and
apprenticeship councils.
(3) Entities applying for a grant under this section shall provide
an employer match of at least twenty-five percent to be eligible. The
local match may include in-kind services.
(4) It shall be the role of industry skill panels funded under this
chapter to enable businesses in the industry to address workforce skill
needs. Industry skill panels shall identify workforce strategies to
meet the needs in order to benefit employers and workers across the
industry. Examples of strategies include, but are not limited to:
Developing career guidance materials; producing or updating skill
standards and curricula; designing training programs and courses;
developing technical assessments and certifications; arranging employer
mentoring, tutoring, and internships; identifying private sector
assistance in providing faculty or equipment to training providers; and
organizing industry conferences disseminating best practices. The
products and services of particular skill panels shall depend upon the
needs of the industry.
Sec. 35 RCW 28C.18.140 and 2008 c 103 s 4 are each amended to
read as follows:
The board shall establish industry skill panel standards that
identify the expectations for industry skill panel products and
services. The board shall establish the standards in consultation with
labor, the state board for community and technical colleges, the
employment security department, the institute of workforce development
and economic sustainability, and the department of ((community, trade,
and economic development)) commerce. Continued funding of particular
industry skill panels shall be based on meeting the standards
established by the board under this section. Beginning December 1,
2008, the board shall report annually to the governor and the economic
development and higher education committees of the legislature on the
results of the industry skill panels funded under this chapter in
meeting the standards.
Sec. 36 RCW 31.24.030 and 2006 c 87 s 6 are each amended to read
as follows:
In furtherance of its purposes and in addition to the powers now or
hereafter conferred on business corporations by Title 23B RCW and upon
limited liability companies by chapter 25.15 RCW, as applicable, a
business development company has, subject to the restrictions and
limitations in this section, the following powers:
(1) To assess stockholders, or a class of stockholders, of the
business development company, if authorized by the articles of
incorporation and approved by the department pursuant to a plan of
assessment as provided for in RCW 31.24.066;
(2) To make qualified loans to borrowers in relation to business
development projects;
(3) To make qualified investments in businesses in relation to
business development projects;
(4) To facilitate and arrange qualified participation loans by
qualified loan participants to borrowers in relation to business
development projects;
(5) To participate in the partial funding of qualified
participation loans;
(6) To elect, appoint, and employ officers, agents, and employees;
(7) To make contracts and incur liabilities for any of the purposes
of the business development company. However, a business development
company shall not incur any secondary liability by way of guaranty or
endorsement of the obligations of any person, firm, company,
association, or trust, or in any other manner;
(8) To the extent permitted by other applicable law, to borrow
money from the federal small business administration and any other
similar federal or state agency, for any of the purposes of a business
development company;
(9) To borrow money from a financial institution or other financial
entity;
(10) To issue bonds, debentures, notes, or other evidence of
indebtedness, whether secured or unsecured, and to secure the same by
mortgage, pledge, deed of trust, or other lien on its property,
franchises, rights, and privileges of every kind and nature or any part
or interest therein, without securing stockholder approval;
(11) To purchase, receive, hold, lease, or otherwise acquire, and
to sell, convey, transfer, lease, or otherwise dispose of real and
personal property, together with such rights and privileges as may be
incidental and appurtenant thereto and the use thereof, including, but
not restricted to, any real or personal property acquired by the
business development company in the satisfaction of debts or
enforcement of obligations;
(12) To acquire the good will, business, rights, real and personal
property, and other assets, or any part thereof, or interest therein,
of any persons, firms, corporations, limited liability companies,
partnerships, limited partnerships, associations, or trusts, and to
assume, undertake, or pay the obligations, debts, and liabilities of
any such person, firm, corporation, limited liability company,
partnership, limited partnership, association, or trust;
(13) To acquire improved or unimproved real estate for the purpose
of constructing industrial plants or other business establishments
thereon or for the purpose of disposing of such real estate to others
for the construction of industrial plants or other business
establishments; and to acquire, construct or reconstruct, alter,
repair, maintain, operate, sell, convey, transfer, lease, or otherwise
dispose of industrial plants or business establishments;
(14) To acquire, subscribe for, own, hold, sell, assign, transfer,
mortgage, pledge, or otherwise dispose of the stock, shares, bonds,
debentures, notes, or other securities and evidences of interest in, or
indebtedness of, any person, firm, limited liability company,
partnership, limited partnership, association, or trust, and while the
owner or holder thereof to exercise all the rights, powers, and
privileges of ownership, including the right to vote thereon;
(15) To mortgage, pledge, or otherwise encumber any property, right
or things of value, acquired pursuant to the powers contained in
subsections (11), (12), and (14) of this section, as security for the
payment of any part of the purchase price thereof;
(16) To cooperate with and avail itself of the facilities and
assistance programs of the United States department of commerce, the
United States department of the treasury, the United States department
of housing and urban development, the department of ((community, trade,
and economic development)) commerce, and any other similar state or
federal governmental agencies; and to cooperate with and assist, and
otherwise encourage organizations in the various communities of the
state in the promotion, assistance, and development of the business
prosperity and economic welfare of such communities or of this state or
of any part thereof; and
(17) To do all acts and things necessary or convenient to carry out
the powers expressly granted in this chapter.
Sec. 37 RCW 34.05.330 and 1998 c 280 s 5 are each amended to read
as follows:
(1) Any person may petition an agency requesting the adoption,
amendment, or repeal of any rule. The office of financial management
shall prescribe by rule the format for such petitions and the procedure
for their submission, consideration, and disposition and provide a
standard form that may be used to petition any agency. Within sixty
days after submission of a petition, the agency shall either (a) deny
the petition in writing, stating (i) its reasons for the denial,
specifically addressing the concerns raised by the petitioner, and,
where appropriate, (ii) the alternative means by which it will address
the concerns raised by the petitioner, or (b) initiate rule-making
proceedings in accordance with RCW 34.05.320.
(2) If an agency denies a petition to repeal or amend a rule
submitted under subsection (1) of this section, and the petition
alleges that the rule is not within the intent of the legislature or
was not adopted in accordance with all applicable provisions of law,
the person may petition for review of the rule by the joint
administrative rules review committee under RCW 34.05.655.
(3) If an agency denies a petition to repeal or amend a rule
submitted under subsection (1) of this section, the petitioner, within
thirty days of the denial, may appeal the denial to the governor. The
governor shall immediately file notice of the appeal with the code
reviser for publication in the Washington state register. Within
forty-five days after receiving the appeal, the governor shall either
(a) deny the petition in writing, stating (i) his or her reasons for
the denial, specifically addressing the concerns raised by the
petitioner, and, (ii) where appropriate, the alternative means by which
he or she will address the concerns raised by the petitioner; (b) for
agencies listed in RCW 43.17.010, direct the agency to initiate rule-making proceedings in accordance with this chapter; or (c) for agencies
not listed in RCW 43.17.010, recommend that the agency initiate rule-making proceedings in accordance with this chapter. The governor's
response to the appeal shall be published in the Washington state
register and copies shall be submitted to the chief clerk of the house
of representatives and the secretary of the senate.
(4) In petitioning for repeal or amendment of a rule under this
section, a person is encouraged to address, among other concerns:
(a) Whether the rule is authorized;
(b) Whether the rule is needed;
(c) Whether the rule conflicts with or duplicates other federal,
state, or local laws;
(d) Whether alternatives to the rule exist that will serve the same
purpose at less cost;
(e) Whether the rule applies differently to public and private
entities;
(f) Whether the rule serves the purposes for which it was adopted;
(g) Whether the costs imposed by the rule are unreasonable;
(h) Whether the rule is clearly and simply stated;
(i) Whether the rule is different than a federal law applicable to
the same activity or subject matter without adequate justification; and
(j) Whether the rule was adopted according to all applicable
provisions of law.
(5) The department of ((community, trade, and economic
development)) commerce and the office of financial management shall
coordinate efforts among agencies to inform the public about the
existence of this rules review process.
(6) The office of financial management shall initiate the rule
making required by subsection (1) of this section by September 1, 1995.
Sec. 38 RCW 35.02.260 and 1995 c 399 s 34 are each amended to
read as follows:
The department of ((community, trade, and economic development))
commerce shall identify federal, state, and local agencies that should
receive notification that a new city or town is about to incorporate
and shall assist newly formed cities and towns during the interim
period before the official date of incorporation in providing such
notification to the identified agencies.
Sec. 39 RCW 35.13.171 and 2009 c 549 s 2010 are each amended to
read as follows:
Within thirty days after the filing of a city's or town's
annexation resolution pursuant to RCW 35.13.015 with the board of
county commissioners or within thirty days after filing with the county
commissioners a petition calling for an election on annexation, as
provided in RCW 35.13.020, or within thirty days after approval by the
legislative body of a city or town of a petition of property owners
calling for annexation, as provided in RCW 35.13.130, the mayor of the
city or town concerned that is not subject to the jurisdiction of a
boundary review board under chapter 36.93 RCW, shall convene a review
board composed of the following persons:
(1) The mayor of the city or town initiating the annexation by
resolution, or the mayor in the event of a twenty percent annexation
petition pursuant to RCW 35.13.020, or an alternate designated by the
mayor;
(2) The chair of the board of county commissioners of the county
wherein the property to be annexed is situated, or an alternate
designated by him or her;
(3) The director of ((community, trade, and economic development))
commerce, or an alternate designated by the director;
Two additional members to be designated, one by the mayor of the
annexing city, which member shall be a resident property owner of the
city, and one by the chair of the county legislative authority, which
member shall be a resident of and a property owner or a resident or a
property owner if there be no resident property owner in the area
proposed to be annexed, shall be added to the original membership and
the full board thereafter convened upon call of the mayor: PROVIDED
FURTHER, That three members of the board shall constitute a quorum.
Sec. 40 RCW 35.21.300 and 1995 c 399 s 36 are each amended to
read as follows:
(1) The lien for charges for service by a city waterworks, or
electric light or power plant may be enforced only by cutting off the
service until the delinquent and unpaid charges are paid, except that
until June 30, 1991, utility service for residential space heating may
be terminated between November 15 and March 15 only as provided in
subsections (2) and (4) of this section. In the event of a disputed
account and tender by the owner of the premises of the amount the owner
claims to be due before the service is cut off, the right to refuse
service to any premises shall not accrue until suit has been entered by
the city and judgment entered in the case.
(2) Utility service for residential space heating shall not be
terminated between November 15 through March 15 if the customer:
(a) Notifies the utility of the inability to pay the bill,
including a security deposit. This notice should be provided within
five business days of receiving a payment overdue notice unless there
are extenuating circumstances. If the customer fails to notify the
utility within five business days and service is terminated, the
customer can, by paying reconnection charges, if any, and fulfilling
the requirements of this section, receive the protections of this
chapter;
(b) Provides self-certification of household income for the prior
twelve months to a grantee of the department of ((community, trade, and
economic development)) commerce which administers federally funded
energy assistance programs. The grantee shall determine that the
household income does not exceed the maximum allowed for eligibility
under the state's plan for low-income energy assistance under 42 U.S.C.
8624 and shall provide a dollar figure that is seven percent of
household income. The grantee may verify information in the self-certification;
(c) Has applied for home heating assistance from applicable
government and private sector organizations and certifies that any
assistance received will be applied to the current bill and future
utility bills;
(d) Has applied for low-income weatherization assistance to the
utility or other appropriate agency if such assistance is available for
the dwelling;
(e) Agrees to a payment plan and agrees to maintain the payment
plan. The plan will be designed both to pay the past due bill by the
following October 15 and to pay for continued utility service. If the
past due bill is not paid by the following October 15, the customer
shall not be eligible for protections under this chapter until the past
due bill is paid. The plan shall not require monthly payments in
excess of seven percent of the customer's monthly income plus one-twelfth of any arrearage accrued from the date application is made and
thereafter during November 15 through March 15. A customer may agree
to pay a higher percentage during this period, but shall not be in
default unless payment during this period is less than seven percent of
monthly income plus one-twelfth of any arrearage accrued from the date
application is made and thereafter. If assistance payments are
received by the customer subsequent to implementation of the plan, the
customer shall contact the utility to reformulate the plan; and
(f) Agrees to pay the moneys owed even if he or she moves.
(3) The utility shall:
(a) Include in any notice that an account is delinquent and that
service may be subject to termination, a description of the customer's
duties in this section;
(b) Assist the customer in fulfilling the requirements under this
section;
(c) Be authorized to transfer an account to a new residence when a
customer who has established a plan under this section moves from one
residence to another within the same utility service area;
(d) Be permitted to disconnect service if the customer fails to
honor the payment program. Utilities may continue to disconnect
service for those practices authorized by law other than for nonpayment
as provided for in this section. Customers who qualify for payment
plans under this section who default on their payment plans and are
disconnected can be reconnected and maintain the protections afforded
under this chapter by paying reconnection charges, if any, and by
paying all amounts that would have been due and owing under the terms
of the applicable payment plan, absent default, on the date on which
service is reconnected; and
(e) Advise the customer in writing at the time it disconnects
service that it will restore service if the customer contacts the
utility and fulfills the other requirements of this section.
(4) All municipal utilities shall offer residential customers the
option of a budget billing or equal payment plan. The budget billing
or equal payment plan shall be offered low-income customers eligible
under the state's plan for low-income energy assistance prepared in
accordance with 42 U.S.C. 8624(C)(1) without limiting availability to
certain months of the year, without regard to the length of time the
customer has occupied the premises, and without regard to whether the
customer is the tenant or owner of the premises occupied.
(5) An agreement between the customer and the utility, whether oral
or written, shall not waive the protections afforded under this
chapter.
Sec. 41 RCW 35.21.687 and 1995 c 399 s 37 are each amended to
read as follows:
(1) Every city and town, including every code city operating under
Title 35A RCW, shall identify and catalog real property owned by the
city or town that is no longer required for its purposes and is
suitable for the development of affordable housing for very low-income,
low-income, and moderate-income households as defined in RCW
43.63A.510. The inventory shall include the location, approximate
size, and current zoning classification of the property. Every city
and town shall provide a copy of the inventory to the department of
((community, trade, and economic development)) commerce by November 1,
1993, with inventory revisions each November 1 thereafter.
(2) By November 1 of each year, beginning in 1994, every city and
town, including every code city operating under Title 35A RCW, shall
purge the inventory of real property of sites that are no longer
available for the development of affordable housing. The inventory
revision shall also contain a list of real property that has become
available since the last update. As used in this section, "real
property" means buildings, land, or buildings and land.
Sec. 42 RCW 35.21.755 and 2007 c 104 s 16 are each amended to
read as follows:
(1) A public corporation, commission, or authority created pursuant
to RCW 35.21.730, 35.21.660, or 81.112.320 shall receive the same
immunity or exemption from taxation as that of the city, town, or
county creating the same: PROVIDED, That, except for (a) any property
within a special review district established by ordinance prior to
January 1, 1976, or listed on or which is within a district listed on
any federal or state register of historical sites or (b) any property
owned, operated, or controlled by a public corporation that is used
primarily for low-income housing, or that is used as a convention
center, performing arts center, public assembly hall, public meeting
place, public esplanade, street, public way, public open space, park,
public utility corridor, or view corridor for the general public or (c)
any blighted property owned, operated, or controlled by a public
corporation that was acquired for the purpose of remediation and
redevelopment of the property in accordance with an agreement or plan
approved by the city, town, or county in which the property is located,
or (d) any property owned, operated, or controlled by a public
corporation created under RCW 81.112.320, any such public corporation,
commission, or authority shall pay to the county treasurer an annual
excise tax equal to the amounts which would be paid upon real property
and personal property devoted to the purposes of such public
corporation, commission, or authority were it in private ownership, and
such real property and personal property is acquired and/or operated
under RCW 35.21.730 through 35.21.755, and the proceeds of such excise
tax shall be allocated by the county treasurer to the various taxing
authorities in which such property is situated, in the same manner as
though the property were in private ownership: PROVIDED FURTHER, That
the provisions of chapter 82.29A RCW shall not apply to property within
a special review district established by ordinance prior to January 1,
1976, or listed on or which is within a district listed on any federal
or state register of historical sites and which is controlled by a
public corporation, commission, or authority created pursuant to RCW
35.21.730 or 35.21.660, which was in existence prior to January 1,
1987: AND PROVIDED FURTHER, That property within a special review
district established by ordinance prior to January 1, 1976, or property
which is listed on any federal or state register of historical sites
and controlled by a public corporation, commission, or authority
created pursuant to RCW 35.21.730 or 35.21.660, which was in existence
prior to January 1, 1976, shall receive the same immunity or exemption
from taxation as if such property had been within a district listed on
any such federal or state register of historical sites as of January 1,
1976, and controlled by a public corporation, commission, or authority
created pursuant to RCW 35.21.730 or 35.21.660 which was in existence
prior to January 1, 1976.
(2) As used in this section:
(a) "Low-income" means a total annual income, adjusted for family
size, not exceeding fifty percent of the area median income.
(b) "Area median income" means:
(i) For an area within a standard metropolitan statistical area,
the area median income reported by the United States department of
housing and urban development for that standard metropolitan
statistical area; or
(ii) For an area not within a standard metropolitan statistical
area, the county median income reported by the department of
((community, trade, and economic development)) commerce.
(c) "Blighted property" means property that is contaminated with
hazardous substances as defined under RCW 70.105D.020.
Sec. 43 RCW 35.21.779 and 1995 c 399 s 39 are each amended to
read as follows:
(1) In cities or towns where the estimated value of state-owned
facilities constitutes ten percent or more of the total assessed
valuation, the state agency or institution owning the facilities shall
contract with the city or town to pay an equitable share for fire
protection services. The contract shall be negotiated as provided in
subsections (2) through (6) of this section and shall provide for
payment by the agency or institution to the city or town.
(2) A city or town seeking to enter into fire protection contract
negotiations shall provide written notification to the department of
((community, trade, and economic development)) commerce and the state
agencies or institutions that own property within the jurisdiction, of
its intent to contract for fire protection services. Where there are
multiple state agencies located within a single jurisdiction, a city
may choose to notify only the department ((of community, trade, and
economic development)), which in turn shall notify the agencies or
institution that own property within the jurisdiction of the city's
intent to contract for fire protection services. Any such notification
shall be based on the valuation procedures, based on commonly accepted
standards, adopted by the department ((of community, trade, and
economic development)) in consultation with the department of general
administration and the association of Washington cities.
(3) The department of ((community, trade, and economic
development)) commerce shall review any such notification to ensure
that the valuation procedures and results are accurate. The department
will notify each affected city or town and state agency or institution
of the results of their review within thirty days of receipt of
notification.
(4) The parties negotiating fire protection contracts under this
section shall conduct those negotiations in good faith. Whenever there
are multiple state agencies located within a single jurisdiction, every
effort shall be made by the state to consolidate negotiations on behalf
of all affected agencies.
(5) In the event of notification by one of the parties that an
agreement cannot be reached on the terms and conditions of a fire
protection contract, the director of the department of ((community,
trade, and economic development)) commerce shall mediate a resolution
of the disagreement. In the event of a continued impasse, the director
of the department ((of community, trade, and economic development))
shall recommend a resolution.
(6) If the parties reject the recommendation of the director of
commerce and an impasse continues, the director shall direct the
parties to arbitration. The parties shall agree on a neutral
arbitrator, and the fees and expenses of the arbitrator shall be shared
equally between the parties. The arbitration shall be a final offer,
total arbitration, with the arbitrator empowered only to pick the final
offer of one of the parties or the recommended resolution by the
director ((of the department of community, trade, and economic
development)). The decision of the arbitrator shall be final, binding,
and nonappealable on the parties.
(7) The provisions of this section shall not apply if a city or
town and a state agency or institution have contracted pursuant to RCW
35.21.775.
(8) The provisions of this section do not apply to cities and towns
not meeting the conditions in subsection (1) of this section. Cities
and towns not meeting the conditions of subsection (1) of this section
may enter into contracts pursuant to RCW 35.21.775.
Sec. 44 RCW 36.01.120 and 1995 c 399 s 40 are each amended to
read as follows:
It is the finding of the legislature that foreign trade zones serve
an important public purpose by the creation of employment opportunities
within the state and that the establishment of zones designed to
accomplish this purpose is to be encouraged. It is the further intent
of the legislature that the department of ((community, trade, and
economic development)) commerce provide assistance to entities planning
to apply to the United States for permission to establish such zones.
Sec. 45 RCW 36.22.178 and 2007 c 427 s 1 are each amended to read
as follows:
The surcharge provided for in this section shall be named the
affordable housing for all surcharge.
(1) Except as provided in subsection (3) of this section, a
surcharge of ten dollars per instrument shall be charged by the county
auditor for each document recorded, which will be in addition to any
other charge authorized by law. The county may retain up to five
percent of these funds collected solely for the collection,
administration, and local distribution of these funds. Of the
remaining funds, forty percent of the revenue generated through this
surcharge will be transmitted monthly to the state treasurer who will
deposit the funds into the affordable housing for all account created
in RCW 43.185C.190. The department of ((community, trade, and economic
development)) commerce must use these funds to provide housing and
shelter for extremely low-income households, including but not limited
to grants for building operation and maintenance costs of housing
projects or units within housing projects that are affordable to
extremely low-income households with incomes at or below thirty percent
of the area median income, and that require a supplement to rent income
to cover ongoing operating expenses.
(2) All of the remaining funds generated by this surcharge will be
retained by the county and be deposited into a fund that must be used
by the county and its cities and towns for eligible housing activities
as described in this subsection that serve very low-income households
with incomes at or below fifty percent of the area median income. The
portion of the surcharge retained by a county shall be allocated to
eligible housing activities that serve extremely low and very low-income households in the county and the cities within a county
according to an interlocal agreement between the county and the cities
within the county consistent with countywide and local housing needs
and policies. A priority must be given to eligible housing activities
that serve extremely low-income households with incomes at or below
thirty percent of the area median income. Eligible housing activities
to be funded by these county funds are limited to:
(a) Acquisition, construction, or rehabilitation of housing
projects or units within housing projects that are affordable to very
low-income households with incomes at or below fifty percent of the
area median income, including units for homeownership, rental units,
seasonal and permanent farm worker housing units, and single room
occupancy units;
(b) Supporting building operation and maintenance costs of housing
projects or units within housing projects eligible to receive housing
trust funds, that are affordable to very low-income households with
incomes at or below fifty percent of the area median income, and that
require a supplement to rent income to cover ongoing operating
expenses;
(c) Rental assistance vouchers for housing units that are
affordable to very low-income households with incomes at or below fifty
percent of the area median income, to be administered by a local public
housing authority or other local organization that has an existing
rental assistance voucher program, consistent with or similar to the
United States department of housing and urban development's section 8
rental assistance voucher program standards; and
(d) Operating costs for emergency shelters and licensed overnight
youth shelters.
(3) The surcharge imposed in this section does not apply to
assignments or substitutions of previously recorded deeds of trust.
Sec. 46 RCW 36.34.137 and 1993 c 461 s 5 are each amended to read
as follows:
(1) Every county shall identify and catalog real property owned by
the county that is no longer required for its purposes and is suitable
for the development of affordable housing for very low-income, low-income, and moderate-income households as defined in RCW 43.63A.510.
The inventory shall include the location, approximate size, and current
zoning classification of the property. Every county shall provide a
copy of the inventory to the department of ((community development))
commerce by November 1, 1993, with inventory revisions each November 1
thereafter.
(2) By November 1 of each year, beginning in 1994, every county
shall purge the inventory of real property of sites that are no longer
available for the development of affordable housing. The inventory
revision shall include an updated listing of real property that has
become available since the last update. As used in this section, "real
property" means buildings, land, or buildings and land.
Sec. 47 RCW 36.70A.085 and 2009 c 514 s 2 are each amended to
read as follows:
(1) Comprehensive plans of cities that have a marine container port
with annual operating revenues in excess of sixty million dollars
within their jurisdiction must include a container port element.
(2) Comprehensive plans of cities that include all or part of a
port district with annual operating revenues in excess of twenty
million dollars may include a marine industrial port element. Prior to
adopting a marine industrial port element under this subsection (2),
the commission of the applicable port district must adopt a resolution
in support of the proposed element.
(3) Port elements adopted under subsections (1) and (2) of this
section must be developed collaboratively between the city and the
applicable port, and must establish policies and programs that:
(a) Define and protect the core areas of port and port-related
industrial uses within the city;
(b) Provide reasonably efficient access to the core area through
freight corridors within the city limits; and
(c) Identify and resolve key land use conflicts along the edge of
the core area, and minimize and mitigate, to the extent practicable,
incompatible uses along the edge of the core area.
(4) Port elements adopted under subsections (1) and (2) of this
section must be:
(a) Completed and approved by the city according to the schedule
specified in RCW 36.70A.130; and
(b) Consistent with the economic development, transportation, and
land use elements of the city's comprehensive plan, and consistent with
the city's capital facilities plan.
(5) In adopting port elements under subsections (1) and (2) of this
section, cities and ports must: Ensure that there is consistency
between the port elements and the port comprehensive scheme required
under chapters 53.20 and 53.25 RCW; and retain sufficient planning
flexibility to secure emerging economic opportunities.
(6) In developing port elements under subsections (1) and (2) of
this section, a city may utilize one or more of the following
approaches:
(a) Creation of a port overlay district that protects container
port uses;
(b) Use of industrial land banks;
(c) Use of buffers and transition zones between incompatible uses;
(d) Use of joint transportation funding agreements;
(e) Use of policies to encourage the retention of valuable
warehouse and storage facilities;
(f) Use of limitations on the location or size, or both, of
nonindustrial uses in the core area and surrounding areas; and
(g) Use of other approaches by agreement between the city and the
port.
(7) The department of ((community, trade, and economic
development)) commerce must provide matching grant funds to cities
meeting the requirements of subsection (1) of this section to support
development of the required container port element.
(8) Any planned improvements identified in port elements adopted
under subsections (1) and (2) of this section must be transmitted by
the city to the transportation commission for consideration of
inclusion in the statewide transportation plan required under RCW
47.01.071.
Sec. 48 RCW 36.70A.131 and 1998 c 286 s 7 are each amended to
read as follows:
As part of the review required by RCW 36.70A.130(1), a county or
city shall review its mineral resource lands designations adopted
pursuant to RCW 36.70A.170 and mineral resource lands development
regulations adopted pursuant to RCW 36.70A.040 and 36.70A.060. In its
review, the county or city shall take into consideration:
(1) New information made available since the adoption or last
review of its designations or development regulations, including data
available from the department of natural resources relating to mineral
resource deposits; and
(2) New or modified model development regulations for mineral
resource lands prepared by the department of natural resources, the
department of ((community, trade, and economic development)) commerce,
or the Washington state association of counties.
Sec. 49 RCW 36.70A.500 and 1997 c 429 s 28 are each amended to
read as follows:
(1) The department of ((community, trade, and economic
development)) commerce shall provide management services for the fund
created by RCW 36.70A.490. The department shall establish procedures
for fund management. The department shall encourage participation in
the grant program by other public agencies. The department shall
develop the grant criteria, monitor the grant program, and select grant
recipients in consultation with state agencies participating in the
grant program through the provision of grant funds or technical
assistance.
(2) A grant may be awarded to a county or city that is required to
or has chosen to plan under RCW 36.70A.040 and that is qualified
pursuant to this section. The grant shall be provided to assist a
county or city in paying for the cost of preparing an environmental
analysis under chapter 43.21C RCW, that is integrated with a
comprehensive plan, subarea plan, plan element, countywide planning
policy, development regulation, monitoring program, or other planning
activity adopted under or implementing this chapter that:
(a) Improves the process for project permit review while
maintaining environmental quality; or
(b) Encourages use of plans and information developed for purposes
of complying with this chapter to satisfy requirements of other state
programs.
(3) In order to qualify for a grant, a county or city shall:
(a) Demonstrate that it will prepare an environmental analysis
pursuant to chapter 43.21C RCW and subsection (2) of this section that
is integrated with a comprehensive plan, subarea plan, plan element,
countywide planning policy, development regulations, monitoring
program, or other planning activity adopted under or implementing this
chapter;
(b) Address environmental impacts and consequences, alternatives,
and mitigation measures in sufficient detail to allow the analysis to
be adopted in whole or in part by applicants for development permits
within the geographic area analyzed in the plan;
(c) Demonstrate that procedures for review of development permit
applications will be based on the integrated plans and environmental
analysis;
(d) Include mechanisms to monitor the consequences of growth as it
occurs in the plan area and to use the resulting data to update the
plan, policy, or implementing mechanisms and associated environmental
analysis;
(e) Demonstrate substantial progress towards compliance with the
requirements of this chapter. A county or city that is more than six
months out of compliance with a requirement of this chapter is deemed
not to be making substantial progress towards compliance; and
(f) Provide local funding, which may include financial
participation by the private sector.
(4) In awarding grants, the department shall give preference to
proposals that include one or more of the following elements:
(a) Financial participation by the private sector, or a
public/private partnering approach;
(b) Identification and monitoring of system capacities for elements
of the built environment, and to the extent appropriate, of the natural
environment;
(c) Coordination with state, federal, and tribal governments in
project review;
(d) Furtherance of important state objectives related to economic
development, protection of areas of statewide significance, and siting
of essential public facilities;
(e) Programs to improve the efficiency and effectiveness of the
permitting process by greater reliance on integrated plans and
prospective environmental analysis;
(f) Programs for effective citizen and neighborhood involvement
that contribute to greater likelihood that planning decisions can be
implemented with community support; and
(g) Programs to identify environmental impacts and establish
mitigation measures that provide effective means to satisfy concurrency
requirements and establish project consistency with the plans.
(5) If the local funding includes funding provided by other state
functional planning programs, including open space planning and
watershed or basin planning, the functional plan shall be integrated
into and be consistent with the comprehensive plan.
(6) State agencies shall work with grant recipients to facilitate
state and local project review processes that will implement the
projects receiving grants under this section.
Sec. 50 RCW 36.70A.5801 and 2008 c 289 s 3 are each amended to
read as follows:
(1) A local government global warming mitigation and adaptation
program is established. The program must be administered by the
department of ((community, trade, and economic development)) commerce
and must conclude by June 30, 2010. The department must, through a
competitive process, select three or fewer counties and six or fewer
cities for the program. Counties selected must reflect a range of
opportunities to address climate change in urbanizing, resource, or
agricultural areas. Cities selected must reflect a range of sizes,
geographic locations, and variations between those that are highly
urbanized and those that are less so that have more residential
dwellings than employment positions.
(2) The program is established to assist the selected counties and
cities that: (a) Are addressing climate change through their land use
and transportation planning processes; and (b) aspire to address
climate change through their land use and transportation planning
processes, but lack necessary resources to do so. The department of
((community, trade, and economic development)) commerce may fund
proposals to inventory and mitigate global warming emissions, or adapt
to the adverse impacts of global warming, using criteria it develops to
accomplish the objectives of this section and RCW 36.70A.580 and
section 4, chapter 289, Laws of 2008.
(3) The department of ((community, trade, and economic
development)) commerce must provide grants and technical assistance to
aid the selected counties and cities in their efforts to anticipate,
mitigate, and adapt to global warming and its associated problems. The
department, in providing grants and technical assistance, must ensure
that grants and assistance are awarded to counties and cities meeting
the criteria established in subsection (2)(a) and (b) of this section.
(4) The department of ((community, trade, and economic
development)) commerce must provide a report of program findings and
recommendations to the governor and the appropriate committees of the
house of representatives and the senate by January 1, 2011. The report
must also consider the positive and negative impacts to affordable
housing, employment, transportation costs, and economic development
that result from addressing the impacts of climate change at the local
level.
(5) This section expires January 1, 2011.
Sec. 51 RCW 36.70B.040 and 1997 c 429 s 46 are each amended to
read as follows:
(1) A proposed project's consistency with a local government's
development regulations adopted under chapter 36.70A RCW, or, in the
absence of applicable development regulations, the appropriate elements
of the comprehensive plan adopted under chapter 36.70A RCW shall be
decided by the local government during project review by consideration
of:
(a) The type of land use;
(b) The level of development, such as units per acre or other
measures of density;
(c) Infrastructure, including public facilities and services needed
to serve the development; and
(d) The characteristics of the development, such as development
standards.
(2) In deciding whether a project is consistent, the determinations
made pursuant to RCW 36.70B.030(2) shall be controlling.
(3) For purposes of this section, the term "consistency" shall
include all terms used in this chapter and chapter 36.70A RCW to refer
to performance in accordance with this chapter and chapter 36.70A RCW,
including but not limited to compliance, conformity, and consistency.
(4) Nothing in this section requires documentation, dictates an
agency's procedures for considering consistency, or limits a city or
county from asking more specific or related questions with respect to
any of the four main categories listed in subsection (1)(a) through (d)
of this section.
(5) The department of ((community, trade, and economic
development)) commerce is authorized to develop and adopt by rule
criteria to assist local governments planning under RCW 36.70A.040 to
analyze the consistency of project actions. These criteria shall be
jointly developed with the department of ecology.
Sec. 52 RCW 36.70B.220 and 2005 c 274 s 272 are each amended to
read as follows:
(1) Each county and city having populations of ten thousand or more
that plan under RCW 36.70A.040 shall designate permit assistance staff
whose function it is to assist permit applicants. An existing employee
may be designated as the permit assistance staff.
(2) Permit assistance staff designated under this section shall:
(a) Make available to permit applicants all current local
government regulations and adopted policies that apply to the subject
application. The local government shall provide counter copies thereof
and, upon request, provide copies according to chapter 42.56 RCW. The
staff shall also publish and keep current one or more handouts
containing lists and explanations of all local government regulations
and adopted policies;
(b) Establish and make known to the public the means of obtaining
the handouts and related information; and
(c) Provide assistance regarding the application of the local
government's regulations in particular cases.
(3) Permit assistance staff designated under this section may
obtain technical assistance and support in the compilation and
production of the handouts under subsection (2) of this section from
the municipal research council and the department of ((community,
trade, and economic development)) commerce.
Sec. 53 RCW 36.93.080 and 1995 c 399 s 44 are each amended to
read as follows:
Expenditures by the board shall be subject to the provisions of
chapter 36.40 RCW and other statutes relating to expenditures by
counties. The department of ((community, trade, and economic
development)) commerce shall on a quarterly basis remit to each county
one-half of the actual costs incurred by the county for the operation
of the boundary review board within individual counties as provided for
in this chapter. However, in the event no funds are appropriated to
the said agency for this purpose, this shall not in any way affect the
operation of the boundary review board.
Sec. 54 RCW 36.110.030 and 1995 c 399 s 45 are each amended to
read as follows:
A statewide jail industries board of directors is established. The
board shall consist of the following members:
(1) One sheriff and one police chief, to be selected by the
Washington association of sheriffs and police chiefs;
(2) One county commissioner or one county councilmember to be
selected by the Washington state association of counties;
(3) One city official to be selected by the association of
Washington cities;
(4) Two jail administrators to be selected by the Washington state
jail association, one of whom shall be from a county or a city with an
established jail industries program;
(5) One prosecuting attorney to be selected by the Washington
association of prosecuting attorneys;
(6) One administrator from a city or county corrections department
to be selected by the Washington correctional association;
(7) One county clerk to be selected by the Washington association
of county clerks;
(8) Three representatives from labor to be selected by the
governor. The representatives may be chosen from a list of nominations
provided by statewide labor organizations representing a cross-section
of trade organizations;
(9) Three representatives from business to be selected by the
governor. The representatives may be chosen from a list of nominations
provided by statewide business organizations representing a cross-section of businesses, industries, and all sizes of employers;
(10) The governor's representative from the employment security
department;
(11) One member representing crime victims, to be selected by the
governor;
(12) One member representing online law enforcement officers, to be
selected by the governor;
(13) One member from the department of ((community, trade, and
economic development)) commerce to be selected by the governor;
(14) One member representing higher education, vocational
education, or adult basic education to be selected by the governor; and
(15) The governor's representative from the correctional industries
division of the state department of corrections shall be an ex officio
member for the purpose of coordination and cooperation between prison
and jail industries and to further a positive relationship between
state and local government offender programs.
Sec. 55 RCW 38.52.930 and 1995 c 391 s 10 are each amended to
read as follows:
All powers, duties, and functions of the department of ((community,
trade, and economic development)) commerce pertaining to emergency
management are transferred to the state military department. All
references to the director or the department of community development
((or)), the department of community, trade, and economic development,
or the department of commerce in the Revised Code of Washington shall
be construed to mean the adjutant general or the state military
department when referring to the functions transferred in this section.
Sec. 56 RCW 39.04.156 and 2000 c 138 s 104 are each amended to
read as follows:
The department of ((community, trade, and economic development))
commerce, in cooperation with the municipal research and services
center, shall prepare a small works roster manual and periodically
notify the different types of local government authorized to use a
small works roster process about this authority.
Sec. 57 RCW 39.19.240 and 2005 c 302 s 5 are each amended to read
as follows:
(1) The office shall, in consultation with the state treasurer and
the department of ((community, trade, and economic development))
commerce, compile information on minority and women's business
enterprises that have received financial assistance through a qualified
public depositary under the provisions of RCW 43.86A.060. The
information shall include, but is not limited to:
(a) Name of the qualified public depositary;
(b) Geographic location of the minority or women's business
enterprise;
(c) Name of the minority or women's business enterprise;
(d) Date of last certification by the office and certification
number;
(e) Type of business;
(f) Amount and term of the loan to the minority or women's business
enterprise; and
(g) Other information the office deems necessary for the
implementation of this section.
(2) The office shall notify the state treasurer of minority or
women's business enterprises that are no longer certified under the
provisions of this chapter. The written notification shall contain
information regarding the reason for the decertification and
information on financing provided to the minority or women's business
enterprise under RCW 43.86A.060.
(3) The office shall, in consultation with the state treasurer and
the department of ((community, trade, and economic development))
commerce, monitor the performance of loans made to minority and women-owned business enterprises under RCW 43.86A.060.
Sec. 58 RCW 39.34.230 and 2008 c 181 s 101 are each amended to
read as follows:
(1) During a covered emergency, the department of ((community,
trade, and economic development)) commerce may enter into interlocal
agreements under this chapter with one or more public agencies for the
purposes of providing mutual aid and cooperation to any public agency
affected by the cause of the emergency.
(2) All legal liability by a public agency and its employees for
damage to property or injury or death to persons caused by acts done or
attempted during, or while traveling to or from, a covered emergency,
or in preparation for a covered emergency, pursuant to an interlocal
agreement entered into under this section, or under the color of this
section in a bona fide attempt to comply therewith, shall be the
obligation of the state of Washington. Suits may be instituted and
maintained against the state for the enforcement of such liability, or
for the indemnification of any public agency or its employees for
damage done to their private property, or for any judgment against them
for acts done in good faith in compliance with this chapter: PROVIDED,
That the foregoing shall not be construed to result in indemnification
in any case of willful misconduct, gross negligence, or bad faith on
the part of any public agency or any of a public agency's employees:
PROVIDED, That should the United States or any agency thereof, in
accordance with any federal statute, rule, or regulation, provide for
the payment of damages to property and/or for death or injury as
provided for in this section, then and in that event there shall be no
liability or obligation whatsoever upon the part of the state of
Washington for any such damage, death, or injury for which the United
States government assumes liability.
(3) For purposes of this section, "covered emergency" means an
emergency for which the governor has proclaimed a state of emergency
under RCW 43.06.010, and for which the governor has authorized the
department of ((community, trade, and economic development)) commerce
to enter into interlocal agreements under this section.
(4) This section shall not affect the right of any person to
receive benefits to which he or she would otherwise be entitled under
the workers' compensation law, or under any pension or retirement law,
nor the right of any such person to receive any benefits or
compensation under any act of congress.
Sec. 59 RCW 39.35D.080 and 2005 c 12 s 12 are each amended to
read as follows:
Except as provided in this section, affordable housing projects
funded out of the state capital budget are exempt from the provisions
of this chapter. On or before July 1, 2008, the department of
community, trade, and economic development shall identify, implement,
and apply a sustainable building program for affordable housing
projects that receive housing trust fund (under chapter 43.185 RCW)
funding in a state capital budget. The department of community, trade,
and economic development shall not develop its own sustainable building
standard, but shall work with stakeholders to adopt an existing
sustainable building standard or criteria appropriate for affordable
housing. Any application of the program to affordable housing,
including any monitoring to track the performance of either sustainable
features or energy standards or both, is the responsibility of the
department of ((community, trade, and economic development)) commerce.
Beginning in 2009 and ending in 2016, the department of ((community,
trade, and economic development)) commerce shall report to the
department as required under RCW 39.35D.030(3)(b).
Sec. 60 RCW 39.44.210 and 1995 c 399 s 54 are each amended to
read as follows:
For each state or local government bond issued, the underwriter of
the issue shall supply the department of ((community, trade, and
economic development)) commerce with information on the bond issue
within twenty days of its issuance. In cases where the issuer of the
bond makes a direct or private sale to a purchaser without benefit of
an underwriter, the issuer shall supply the required information. The
bond issue information shall be provided on a form prescribed by the
department ((of community, trade, and economic development)) and shall
include but is not limited to: (1) The par value of the bond issue;
(2) the effective interest rates; (3) a schedule of maturities; (4) the
purposes of the bond issue; (5) cost of issuance information; and (6)
the type of bonds that are issued. A copy of the bond covenants shall
be supplied with this information.
For each state or local government bond issued, the issuer's bond
counsel promptly shall provide to the underwriter or to the department
of ((community, trade, and economic development)) commerce information
on the amount of any fees charged for services rendered with regard to
the bond issue.
Each local government that issues any type of bond shall make a
report annually to the department of ((community, trade, and economic
development)) commerce that includes a summary of all the outstanding
bonds of the local government as of the first day of January in that
year. Such report shall distinguish the outstanding bond issues on the
basis of the type of bond, as defined in RCW 39.44.200, and shall
report the local government's outstanding indebtedness compared to any
applicable limitations on indebtedness, including RCW 35.42.200,
39.30.010, and 39.36.020.
Sec. 61 RCW 39.44.230 and 1995 c 399 s 55 are each amended to
read as follows:
The department of ((community, trade, and economic development))
commerce may adopt rules and regulations pursuant to the administrative
procedure act to require (1) the submission of bond issuance
information by underwriters and bond counsel to the department ((of
community, trade, and economic development)) in a timely manner and (2)
the submission of additional information on bond issues by state and
local governments, including summaries of outstanding bond issues.
Sec. 62 RCW 39.84.090 and 1998 c 245 s 34 are each amended to
read as follows:
(1) Prior to issuance of any revenue bonds, each public corporation
shall submit a copy of its enabling ordinance and charter, a
description of any industrial development facility proposed to be
undertaken, and the basis for its qualification as an industrial
development facility to the department of ((community, trade, and
economic development)) commerce.
(2) If the industrial development facility is not eligible under
this chapter, the department of ((community, trade, and economic
development)) commerce shall give notice to the public corporation, in
writing and by certified mail, within twelve working days of receipt of
the description.
(3) The department of ((community, trade, and economic
development)) commerce shall provide such advice and assistance to
public corporations and municipalities which have created or may wish
to create public corporations as the public corporations or
municipalities request and the department ((of community, trade, and
economic development)) considers appropriate.
Sec. 63 RCW 40.10.020 and 1995 c 399 s 58 are each amended to
read as follows:
The state archivist is authorized to reproduce those documents
designated as essential records by the several elected and appointed
officials of the state and local government by microfilm or other
miniature photographic process and to assist and cooperate in the
storage and safeguarding of such reproductions in such place as is
recommended by the state archivist with the advice of the director of
((community, trade, and economic development)) commerce. The state
archivist shall coordinate the essential records protection program and
shall carry out the provisions of the state emergency plan as they
relate to the preservation of essential records. The state archivist
is authorized to charge the several departments of the state and local
government the actual cost incurred in reproducing, storing and
safeguarding such documents: PROVIDED, That nothing herein shall
authorize the destruction of the originals of such documents after
reproduction thereof.
Sec. 64 RCW 41.06.070 and 2009 c 33 s 36 and 2009 c 5 s 1 are
each reenacted and amended to read as follows:
(1) The provisions of this chapter do not apply to:
(a) The members of the legislature or to any employee of, or
position in, the legislative branch of the state government including
members, officers, and employees of the legislative council, joint
legislative audit and review committee, statute law committee, and any
interim committee of the legislature;
(b) The justices of the supreme court, judges of the court of
appeals, judges of the superior courts or of the inferior courts, or to
any employee of, or position in the judicial branch of state
government;
(c) Officers, academic personnel, and employees of technical
colleges;
(d) The officers of the Washington state patrol;
(e) Elective officers of the state;
(f) The chief executive officer of each agency;
(g) In the departments of employment security and social and health
services, the director and the director's confidential secretary; in
all other departments, the executive head of which is an individual
appointed by the governor, the director, his or her confidential
secretary, and his or her statutory assistant directors;
(h) In the case of a multimember board, commission, or committee,
whether the members thereof are elected, appointed by the governor or
other authority, serve ex officio, or are otherwise chosen:
(i) All members of such boards, commissions, or committees;
(ii) If the members of the board, commission, or committee serve on
a part-time basis and there is a statutory executive officer: The
secretary of the board, commission, or committee; the chief executive
officer of the board, commission, or committee; and the confidential
secretary of the chief executive officer of the board, commission, or
committee;
(iii) If the members of the board, commission, or committee serve
on a full-time basis: The chief executive officer or administrative
officer as designated by the board, commission, or committee; and a
confidential secretary to the chair of the board, commission, or
committee;
(iv) If all members of the board, commission, or committee serve ex
officio: The chief executive officer; and the confidential secretary
of such chief executive officer;
(i) The confidential secretaries and administrative assistants in
the immediate offices of the elective officers of the state;
(j) Assistant attorneys general;
(k) Commissioned and enlisted personnel in the military service of
the state;
(l) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel
resources board;
(m) The public printer or to any employees of or positions in the
state printing plant;
(n) Officers and employees of the Washington state fruit
commission;
(o) Officers and employees of the Washington apple commission;
(p) Officers and employees of the Washington state dairy products
commission;
(q) Officers and employees of the Washington tree fruit research
commission;
(r) Officers and employees of the Washington state beef commission;
(s) Officers and employees of the Washington grain commission;
(t) Officers and employees of any commission formed under chapter
15.66 RCW;
(u) Officers and employees of agricultural commissions formed under
chapter 15.65 RCW;
(v) Officers and employees of the nonprofit corporation formed
under chapter 67.40 RCW;
(w) Executive assistants for personnel administration and labor
relations in all state agencies employing such executive assistants
including but not limited to all departments, offices, commissions,
committees, boards, or other bodies subject to the provisions of this
chapter and this subsection shall prevail over any provision of law
inconsistent herewith unless specific exception is made in such law;
(x) In each agency with fifty or more employees: Deputy agency
heads, assistant directors or division directors, and not more than
three principal policy assistants who report directly to the agency
head or deputy agency heads;
(y) All employees of the marine employees' commission;
(z) Staff employed by the department of ((community, trade, and
economic development)) commerce to administer energy policy functions
and manage energy site evaluation council activities under RCW
43.21F.045(2)(m);
(aa) Staff employed by Washington State University to administer
energy education, applied research, and technology transfer programs
under RCW 43.21F.045 as provided in RCW 28B.30.900(5).
(2) The following classifications, positions, and employees of
institutions of higher education and related boards are hereby exempted
from coverage of this chapter:
(a) Members of the governing board of each institution of higher
education and related boards, all presidents, vice presidents, and
their confidential secretaries, administrative, and personal
assistants; deans, directors, and chairs; academic personnel; and
executive heads of major administrative or academic divisions employed
by institutions of higher education; principal assistants to executive
heads of major administrative or academic divisions; other managerial
or professional employees in an institution or related board having
substantial responsibility for directing or controlling program
operations and accountable for allocation of resources and program
results, or for the formulation of institutional policy, or for
carrying out personnel administration or labor relations functions,
legislative relations, public information, development, senior computer
systems and network programming, or internal audits and investigations;
and any employee of a community college district whose place of work is
one which is physically located outside the state of Washington and who
is employed pursuant to RCW 28B.50.092 and assigned to an educational
program operating outside of the state of Washington;
(b) The governing board of each institution, and related boards,
may also exempt from this chapter classifications involving research
activities, counseling of students, extension or continuing education
activities, graphic arts or publications activities requiring
prescribed academic preparation or special training as determined by
the board: PROVIDED, That no nonacademic employee engaged in office,
clerical, maintenance, or food and trade services may be exempted by
the board under this provision;
(c) Printing craft employees in the department of printing at the
University of Washington.
(3) In addition to the exemptions specifically provided by this
chapter, the director of personnel may provide for further exemptions
pursuant to the following procedures. The governor or other
appropriate elected official may submit requests for exemption to the
director of personnel stating the reasons for requesting such
exemptions. The director of personnel shall hold a public hearing,
after proper notice, on requests submitted pursuant to this subsection.
If the director determines that the position for which exemption is
requested is one involving substantial responsibility for the
formulation of basic agency or executive policy or one involving
directing and controlling program operations of an agency or a major
administrative division thereof, the director of personnel shall grant
the request and such determination shall be final as to any decision
made before July 1, 1993. The total number of additional exemptions
permitted under this subsection shall not exceed one percent of the
number of employees in the classified service not including employees
of institutions of higher education and related boards for those
agencies not directly under the authority of any elected public
official other than the governor, and shall not exceed a total of
twenty-five for all agencies under the authority of elected public
officials other than the governor.
The salary and fringe benefits of all positions presently or
hereafter exempted except for the chief executive officer of each
agency, full-time members of boards and commissions, administrative
assistants and confidential secretaries in the immediate office of an
elected state official, and the personnel listed in subsections (1)(j)
through (v) and (y) and (2) of this section, shall be determined by the
director of personnel. Changes to the classification plan affecting
exempt salaries must meet the same provisions for classified salary
increases resulting from adjustments to the classification plan as
outlined in RCW 41.06.152.
For the twelve months following February 18, 2009, a salary or wage
increase shall not be granted to any position exempt from
classification under this chapter.
Any person holding a classified position subject to the provisions
of this chapter shall, when and if such position is subsequently
exempted from the application of this chapter, be afforded the
following rights: If such person previously held permanent status in
another classified position, such person shall have a right of
reversion to the highest class of position previously held, or to a
position of similar nature and salary.
Any classified employee having civil service status in a classified
position who accepts an appointment in an exempt position shall have
the right of reversion to the highest class of position previously
held, or to a position of similar nature and salary.
A person occupying an exempt position who is terminated from the
position for gross misconduct or malfeasance does not have the right of
reversion to a classified position as provided for in this section.
Sec. 65 RCW 41.06.072 and 1995 c 399 s 59 are each amended to
read as follows:
In addition to the exemptions set forth in this chapter, this
chapter shall not apply within the department of ((community, trade,
and economic development)) commerce to the director, one confidential
secretary, the deputy directors, all assistant directors, the state
historic preservation officer, and up to two professional staff members
within the emergency management program.
Sec. 66 RCW 42.56.270 and 2009 c 394 s 3 are each amended to read
as follows:
The following financial, commercial, and proprietary information is
exempt from disclosure under this chapter:
(1) Valuable formulae, designs, drawings, computer source code or
object code, and research data obtained by any agency within five years
of the request for disclosure when disclosure would produce private
gain and public loss;
(2) Financial information supplied by or on behalf of a person,
firm, or corporation for the purpose of qualifying to submit a bid or
proposal for (a) a ferry system construction or repair contract as
required by RCW 47.60.680 through 47.60.750 or (b) highway construction
or improvement as required by RCW 47.28.070;
(3) Financial and commercial information and records supplied by
private persons pertaining to export services provided under chapters
43.163 and 53.31 RCW, and by persons pertaining to export projects
under RCW 43.23.035;
(4) Financial and commercial information and records supplied by
businesses or individuals during application for loans or program
services provided by chapters 43.325, 43.163, 43.160, 43.330, and
43.168 RCW, or during application for economic development loans or
program services provided by any local agency;
(5) Financial information, business plans, examination reports, and
any information produced or obtained in evaluating or examining a
business and industrial development corporation organized or seeking
certification under chapter 31.24 RCW;
(6) Financial and commercial information supplied to the state
investment board by any person when the information relates to the
investment of public trust or retirement funds and when disclosure
would result in loss to such funds or in private loss to the providers
of this information;
(7) Financial and valuable trade information under RCW 51.36.120;
(8) Financial, commercial, operations, and technical and research
information and data submitted to or obtained by the clean Washington
center in applications for, or delivery of, program services under
chapter 70.95H RCW;
(9) Financial and commercial information requested by the public
stadium authority from any person or organization that leases or uses
the stadium and exhibition center as defined in RCW 36.102.010;
(10)(a) Financial information, including but not limited to account
numbers and values, and other identification numbers supplied by or on
behalf of a person, firm, corporation, limited liability company,
partnership, or other entity related to an application for a horse
racing license submitted pursuant to RCW 67.16.260(1)(b), liquor
license, gambling license, or lottery retail license;
(b) Internal control documents, independent auditors' reports and
financial statements, and supporting documents: (i) Of house-banked
social card game licensees required by the gambling commission pursuant
to rules adopted under chapter 9.46 RCW; or (ii) submitted by tribes
with an approved tribal/state compact for class III gaming;
(11) Proprietary data, trade secrets, or other information that
relates to: (a) A vendor's unique methods of conducting business; (b)
data unique to the product or services of the vendor; or (c)
determining prices or rates to be charged for services, submitted by
any vendor to the department of social and health services for purposes
of the development, acquisition, or implementation of state purchased
health care as defined in RCW 41.05.011;
(12)(a) When supplied to and in the records of the department of
((community, trade, and economic development)) commerce:
(i) Financial and proprietary information collected from any person
and provided to the department of ((community, trade, and economic
development)) commerce pursuant to RCW 43.330.050(8); and
(ii) Financial or proprietary information collected from any person
and provided to the department of ((community, trade, and economic
development)) commerce or the office of the governor in connection with
the siting, recruitment, expansion, retention, or relocation of that
person's business and until a siting decision is made, identifying
information of any person supplying information under this subsection
and the locations being considered for siting, relocation, or expansion
of a business;
(b) When developed by the department of ((community, trade, and
economic development)) commerce based on information as described in
(a)(i) of this subsection, any work product is not exempt from
disclosure;
(c) For the purposes of this subsection, "siting decision" means
the decision to acquire or not to acquire a site;
(d) If there is no written contact for a period of sixty days to
the department of ((community, trade, and economic development))
commerce from a person connected with siting, recruitment, expansion,
retention, or relocation of that person's business, information
described in (a)(ii) of this subsection will be available to the public
under this chapter;
(13) Financial and proprietary information submitted to or obtained
by the department of ecology or the authority created under chapter
70.95N RCW to implement chapter 70.95N RCW;
(14) Financial, commercial, operations, and technical and research
information and data submitted to or obtained by the life sciences
discovery fund authority in applications for, or delivery of, grants
under chapter 43.350 RCW, to the extent that such information, if
revealed, would reasonably be expected to result in private loss to the
providers of this information;
(15) Financial and commercial information provided as evidence to
the department of licensing as required by RCW 19.112.110 or
19.112.120, except information disclosed in aggregate form that does
not permit the identification of information related to individual fuel
licensees;
(16) Any production records, mineral assessments, and trade secrets
submitted by a permit holder, mine operator, or landowner to the
department of natural resources under RCW 78.44.085;
(17)(a) Farm plans developed by conservation districts, unless
permission to release the farm plan is granted by the landowner or
operator who requested the plan, or the farm plan is used for the
application or issuance of a permit;
(b) Farm plans developed under chapter 90.48 RCW and not under the
federal clean water act, 33 U.S.C. Sec. 1251 et seq., are subject to
RCW 42.56.610 and 90.64.190;
(18) Financial, commercial, operations, and technical and research
information and data submitted to or obtained by a health sciences and
services authority in applications for, or delivery of, grants under
RCW 35.104.010 through 35.104.060, to the extent that such information,
if revealed, would reasonably be expected to result in private loss to
providers of this information;
(19) Information gathered under chapter 19.85 RCW or RCW 34.05.328
that can be identified to a particular business; and
(20) Financial and commercial information submitted to or obtained
by the University of Washington, other than information the university
is required to disclose under RCW 28B.20.150, when the information
relates to investments in private funds, to the extent that such
information, if revealed, would reasonably be expected to result in
loss to the University of Washington consolidated endowment fund or to
result in private loss to the providers of this information.
Sec. 67 RCW 43.06.115 and 1998 c 245 s 47 are each amended to
read as follows:
(1) The governor may, by executive order, after consultation with
or notification of the executive-legislative committee on economic
development created by chapter . . . (Senate Bill No. 5300), Laws of
1993, declare a community to be a "military impacted area." A
"military impacted area" means a community or communities, as
identified in the executive order, that experience serious social and
economic hardships because of a change in defense spending by the
federal government in that community or communities.
(2) If the governor executes an order under subsection (1) of this
section, the governor shall establish a response team to coordinate
state efforts to assist the military impacted community. The response
team may include, but not be limited to, one member from each of the
following agencies: (a) The department of ((community, trade, and
economic development)) commerce; (b) the department of social and
health services; (c) the employment security department; (d) the state
board for community and technical colleges; (e) the higher education
coordinating board; and (f) the department of transportation. The
governor may appoint a response team coordinator. The governor shall
seek to actively involve the impacted community or communities in
planning and implementing a response to the crisis. The governor may
seek input or assistance from the community diversification advisory
committee, and the governor may establish task forces in the community
or communities to assist in the coordination and delivery of services
to the local community. The state and community response shall
consider economic development, human service, and training needs of the
community or communities impacted.
Sec. 68 RCW 43.07.350 and 1993 c 113 s 1 are each amended to read
as follows:
The secretary of state, in consultation with the department of
((trade)) commerce, the department of agriculture, economic development
consultants, the consular corps, and other international trade
organizations, shall develop a Washington state citizens' exchange
program that will initiate and promote:
(1) Citizen exchanges between Washington state agricultural,
technical, and educational groups and organizations with their
counterparts in targeted foreign countries.
(2) Expanded educational and training exchanges between Washington
state individuals and organizations with similar groups in targeted
foreign countries.
(3) Programs to extend Washington state expertise to targeted
foreign countries to help promote better health and technical
assistance in agriculture, water resources, hydroelectric power,
forestry management, education, and other areas.
(4) Efforts where a special emphasis is placed on utilizing
Washington state's rich human resources who are retired from public and
private life and have the time to assist in this program.
(5) People-to-people programs that may result in increased tourism,
business relationships, and trade from targeted foreign nations to the
Pacific Northwest.
Sec. 69 RCW 43.19.19201 and 1995 c 399 s 64 are each amended to
read as follows:
(1) The department of general administration shall identify and
catalog real property that is no longer required for department
purposes and is suitable for the development of affordable housing for
very low-income, low-income, and moderate-income households as defined
in RCW 43.63A.510. The inventory shall include the location,
approximate size, and current zoning classification of the property.
The department of general administration shall provide a copy of the
inventory to the department of ((community, trade, and economic
development)) commerce by November 1, 1993, and every November 1
thereafter.
(2) By November 1 of each year, beginning in 1994, the department
of general administration shall purge the inventory of real property of
sites that are no longer available for the development of affordable
housing. The department shall include an updated listing of real
property that has become available since the last update. As used in
this section, "real property" means buildings, land, or buildings and
land.
Sec. 70 RCW 43.19.648 and 2009 c 459 s 7 are each amended to read
as follows:
(1) Effective June 1, 2015, all state agencies and local government
subdivisions of the state, to the extent determined practicable by the
rules adopted by the department of ((community, trade, and economic
development)) commerce pursuant to RCW 43.325.080, are required to
satisfy one hundred percent of their fuel usage for operating publicly
owned vessels, vehicles, and construction equipment from electricity or
biofuel.
(2) In order to phase in this transition for the state, all state
agencies, to the extent determined practicable by the department of
((community, trade, and economic development)) commerce by rules
adopted pursuant to RCW 43.325.080, are required to achieve forty
percent fuel usage for operating publicly owned vessels, vehicles, and
construction equipment from electricity or biofuel by June 1, 2013.
The department of general administration, in consultation with the
department of ((community, trade, and economic development)) commerce,
shall report to the governor and the legislature by December 1, 2013,
on what percentage of the state's fuel usage is from electricity or
biofuel.
(3) Except for cars owned or operated by the Washington state
patrol, when tires on vehicles in the state's motor vehicle fleet are
replaced, they must be replaced with tires that have the same or better
rolling resistance as the original tires.
(4) By December 31, 2015, the state must, to the extent
practicable, install electrical outlets capable of charging electric
vehicles in each of the state's fleet parking and maintenance
facilities.
(5) The department of transportation's obligations under subsection
(2) of this section are subject to the availability of amounts
appropriated for the specific purpose identified in subsection (2) of
this section.
(6) The department of transportation's obligations under subsection
(4) of this section are subject to the availability of amounts
appropriated for the specific purpose identified in subsection (4) of
this section unless the department receives federal or private funds
for the specific purpose identified in subsection (4) of this section.
(7) The definitions in this subsection apply throughout this
section unless the context clearly requires otherwise.
(a) "Battery charging station" means an electrical component
assembly or cluster of component assemblies designed specifically to
charge batteries within electric vehicles, which meet or exceed any
standards, codes, and regulations set forth by chapter 19.28 RCW and
consistent with rules adopted under RCW 19.27.540.
(b) "Battery exchange station" means a fully automated facility
that will enable an electric vehicle with a swappable battery to enter
a drive lane and exchange the depleted battery with a fully charged
battery through a fully automated process, which meets or exceeds any
standards, codes, and regulations set forth by chapter 19.28 RCW and
consistent with rules adopted under RCW 19.27.540.
Sec. 71 RCW 43.20.275 and 2006 c 239 s 3 are each amended to read
as follows:
(1) In collaboration with staff whom the office of financial
management may assign, and within funds made expressly available to the
state board for these purposes, the state board shall assist the
governor by convening and providing assistance to the council. The
council shall include one representative from each of the following
groups: Each of the commissions, the state board, the department, the
department of social and health services, the department of
((community, trade, and economic development)) commerce, the health
care authority, the department of agriculture, the department of
ecology, the office of the superintendent of public instruction, the
department of early learning, the workforce training and education
coordinating board, and two members of the public who will represent
the interests of health care consumers. The council is a class one
group under RCW 43.03.220. The two public members shall be paid per
diem and travel expenses in accordance with RCW 43.03.050 and
43.03.060. The council shall reflect diversity in race, ethnicity, and
gender. The governor or the governor's designee shall chair the
council.
(2) The council shall promote and facilitate communication,
coordination, and collaboration among relevant state agencies and
communities of color, and the private sector and public sector, to
address health disparities. The council shall conduct public hearings,
inquiries, studies, or other forms of information gathering to
understand how the actions of state government ameliorate or contribute
to health disparities. All state agencies must cooperate with the
council's efforts.
(3) The council with assistance from the state board, shall assess
through public hearings, review of existing data, and other means, and
recommend initiatives for improving the availability of culturally
appropriate health literature and interpretive services within public
and private health-related agencies.
(4) In order to assist with its work, the council shall establish
advisory committees to assist in plan development for specific issues
and shall include members of other state agencies and local
communities.
(5) The advisory committee shall reflect diversity in race,
ethnicity, and gender.
Sec. 72 RCW 43.20A.037 and 1995 c 399 s 65 are each amended to
read as follows:
(1) The department shall identify and catalog real property that is
no longer required for department purposes and is suitable for the
development of affordable housing for very low-income, and moderate-income households as defined in RCW 43.63A.510. The inventory shall
include the location, approximate size, and current zoning
classification of the property. The department shall provide a copy of
the inventory to the department of ((community, trade, and economic
development)) commerce by November 1, 1993, and every November 1
thereafter.
(2) By November 1 of each year, beginning in 1994, the department
shall purge the inventory of real property of sites that are no longer
available for the development of affordable housing. The department
shall include an updated listing of real property that has become
available since the last update. As used in this section, "real
property" means buildings, land, or buildings and land.
Sec. 73 RCW 43.20A.790 and 1999 c 267 s 2 are each amended to
read as follows:
(1) The department shall collaborate with the department of
((community, trade, and economic development)) commerce in the
development of the coordinated and comprehensive plan for homeless
families with children required under RCW 43.63A.650, which designates
the department of ((community, trade, and economic development))
commerce as the state agency with primary responsibility for providing
shelter and housing services to homeless families with children. In
fulfilling its responsibilities to collaborate with the department of
((community, trade, and economic development)) commerce pursuant to RCW
43.63A.650, the department shall develop, administer, supervise, and
monitor its portion of the plan. The department's portion of the plan
shall contain at least the following elements:
(a) Coordination or linkage of services with shelter and housing;
(b) Accommodation and addressing the needs of homeless families in
the design and administration of department programs;
(c) Participation of the department's local offices in the
identification, assistance, and referral of homeless families; and
(d) Ongoing monitoring of the efficiency and effectiveness of the
plan's design and implementation.
(2) The department shall include community organizations involved
in the delivery of services to homeless families with children, and
experts in the development and ongoing evaluation of the plan.
(3) The duties under this section shall be implemented within
amounts appropriated for that specific purpose by the legislature in
the operating and capital budgets.
Sec. 74 RCW 43.21A.510 and 1995 c 399 s 66 are each amended to
read as follows:
In order to assist the department of ((community, trade, and
economic development)) commerce in providing information to businesses
interested in locating in Washington state, the department shall
develop an environmental profile of the state. This profile shall
identify the state's natural resources and describe how these assets
are valuable to industry. Examples of information to be included are
water resources and quality, air quality, and recreational
opportunities related to natural resources.
Sec. 75 RCW 43.21A.515 and 1995 c 399 s 67 are each amended to
read as follows:
In order to emphasize the importance of the state's environmental
laws and regulations and to facilitate compliance with them, the
department of ecology shall provide assistance to businesses interested
in locating in Washington state. When the department of ((community,
trade, and economic development)) commerce receives a query from an
interested business through its industrial marketing activities, it
shall arrange for the department of ecology to provide information on
the state's environmental laws and regulations and methods of
compliance. This section shall facilitate compliance with state
environmental laws and regulations and shall not weaken their
application or effectiveness.
Sec. 76 RCW 43.21A.612 and 1995 c 399 s 68 are each amended to
read as follows:
Before the director shall construct said steam generating facility
within the state, or make application for any permit, license or other
right necessary thereto, the director shall give notice thereof by
publishing once a week for four consecutive weeks in a newspaper of
general circulation in the county or counties in which such project is
located a statement of intention setting forth the general nature,
extent and location of the project. If any public utility in the state
or any operating agency desires to construct such facility, such
utility or operating agency shall notify the director thereof within
ten days after the last date of publication of such notice. If the
director determines that it is in the best public interest that the
director proceed with such construction rather than the public utility
or operating agency, the director shall so notify the director of
((community, trade, and economic development)) commerce, who shall set
a date for hearing thereon. If after considering the evidence
introduced the director of ((community, trade, and economic
development)) commerce finds that the public utility or operating
agency making the request intends to immediately proceed with such
construction and is financially capable of carrying out such
construction and further finds that the plan of such utility or
operating agency is equally well adapted to serve the public interest,
the director shall enter an order so finding and such order shall
divest the director of authority to proceed further with such
construction or acquisition until such time as the other public utility
or agency voluntarily causes an assignment of its right or interest in
the project to the director or fails to procure any further required
governmental permit, license or authority or having procured such, has
the same revoked or withdrawn, in accordance with the laws and
regulations of such governmental entity, in which event the director
shall have the same authority to proceed as though the director had
originally entered an order so authorizing the director to proceed.
If, after considering the evidence introduced, the director of
((community, trade, and economic development)) commerce finds that the
public utility or agency making the request does not intend to
immediately proceed with such construction or acquisition or is not
financially capable of carrying out such construction or acquisition,
or finds that the plan of such utility or operating agency is not
equally well adapted to serve the public interest, the director shall
then enter an order so finding and authorizing the director to proceed
with the construction or acquisition of the facility.
Sec. 77 RCW 43.21C.110 and 1997 c 429 s 47 are each amended to
read as follows:
It shall be the duty and function of the department of ecology:
(1) To adopt and amend thereafter rules of interpretation and
implementation of this chapter, subject to the requirements of chapter
34.05 RCW, for the purpose of providing uniform rules and guidelines to
all branches of government including state agencies, political
subdivisions, public and municipal corporations, and counties. The
proposed rules shall be subject to full public hearings requirements
associated with rule promulgation. Suggestions for modifications of
the proposed rules shall be considered on their merits, and the
department shall have the authority and responsibility for full and
appropriate independent promulgation and adoption of rules, assuring
consistency with this chapter as amended and with the preservation of
protections afforded by this chapter. The rule-making powers
authorized in this section shall include, but shall not be limited to,
the following phases of interpretation and implementation of this
chapter:
(a) Categories of governmental actions which are not to be
considered as potential major actions significantly affecting the
quality of the environment, including categories pertaining to
applications for water right permits pursuant to chapters 90.03 and
90.44 RCW. The types of actions included as categorical exemptions in
the rules shall be limited to those types which are not major actions
significantly affecting the quality of the environment. The rules
shall provide for certain circumstances where actions which potentially
are categorically exempt require environmental review. An action that
is categorically exempt under the rules adopted by the department may
not be conditioned or denied under this chapter.
(b) Rules for criteria and procedures applicable to the
determination of when an act of a branch of government is a major
action significantly affecting the quality of the environment for which
a detailed statement is required to be prepared pursuant to RCW
43.21C.030.
(c) Rules and procedures applicable to the preparation of detailed
statements and other environmental documents, including but not limited
to rules for timing of environmental review, obtaining comments, data
and other information, and providing for and determining areas of
public participation which shall include the scope and review of draft
environmental impact statements.
(d) Scope of coverage and contents of detailed statements assuring
that such statements are simple, uniform, and as short as practicable;
statements are required to analyze only reasonable alternatives and
probable adverse environmental impacts which are significant, and may
analyze beneficial impacts.
(e) Rules and procedures for public notification of actions taken
and documents prepared.
(f) Definition of terms relevant to the implementation of this
chapter including the establishment of a list of elements of the
environment. Analysis of environmental considerations under RCW
43.21C.030(2) may be required only for those subjects listed as
elements of the environment (or portions thereof). The list of
elements of the environment shall consist of the "natural" and "built"
environment. The elements of the built environment shall consist of
public services and utilities (such as water, sewer, schools, fire and
police protection), transportation, environmental health (such as
explosive materials and toxic waste), and land and shoreline use
(including housing, and a description of the relationships with land
use and shoreline plans and designations, including population).
(g) Rules for determining the obligations and powers under this
chapter of two or more branches of government involved in the same
project significantly affecting the quality of the environment.
(h) Methods to assure adequate public awareness of the preparation
and issuance of detailed statements required by RCW 43.21C.030(2)(c).
(i) To prepare rules for projects setting forth the time limits
within which the governmental entity responsible for the action shall
comply with the provisions of this chapter.
(j) Rules for utilization of a detailed statement for more than one
action and rules improving environmental analysis of nonproject
proposals and encouraging better interagency coordination and
integration between this chapter and other environmental laws.
(k) Rules relating to actions which shall be exempt from the
provisions of this chapter in situations of emergency.
(l) Rules relating to the use of environmental documents in
planning and decision making and the implementation of the substantive
policies and requirements of this chapter, including procedures for
appeals under this chapter.
(m) Rules and procedures that provide for the integration of
environmental review with project review as provided in RCW 43.21C.240.
The rules and procedures shall be jointly developed with the department
of ((community, trade, and economic development)) commerce and shall be
applicable to the preparation of environmental documents for actions in
counties, cities, and towns planning under RCW 36.70A.040. The rules
and procedures shall also include procedures and criteria to analyze
planned actions under RCW 43.21C.031(2) and revisions to the rules
adopted under this section to ensure that they are compatible with the
requirements and authorizations of chapter 347, Laws of 1995, as
amended by chapter 429, Laws of 1997. Ordinances or procedures adopted
by a county, city, or town to implement the provisions of chapter 347,
Laws of 1995 prior to the effective date of rules adopted under this
subsection (1)(m) shall continue to be effective until the adoption of
any new or revised ordinances or procedures that may be required. If
any revisions are required as a result of rules adopted under this
subsection (1)(m), those revisions shall be made within the time limits
specified in RCW 43.21C.120.
(2) In exercising its powers, functions, and duties under this
section, the department may:
(a) Consult with the state agencies and with representatives of
science, industry, agriculture, labor, conservation organizations,
state and local governments, and other groups, as it deems advisable;
and
(b) Utilize, to the fullest extent possible, the services,
facilities, and information (including statistical information) of
public and private agencies, organizations, and individuals, in order
to avoid duplication of effort and expense, overlap, or conflict with
similar activities authorized by law and performed by established
agencies.
(3) Rules adopted pursuant to this section shall be subject to the
review procedures of chapter 34.05 RCW.
Sec. 78 RCW 43.21G.010 and 1996 c 186 s 507 are each amended to
read as follows:
The legislature finds that energy in various forms is increasingly
subject to possible shortages and supply disruptions, to the point that
there may be foreseen an emergency situation, and that without the
ability to institute appropriate emergency measures to regulate the
production, distribution, and use of energy, a severe impact on the
public health, safety, and general welfare of our state's citizens may
occur. The prevention or mitigation of such energy shortages or
disruptions and their effects is necessary for preservation of the
public health, safety, and general welfare of the citizens of this
state.
It is the intent of this chapter to:
(1) Establish necessary emergency powers for the governor and
define the situations under which such powers are to be exercised;
(2) Provide penalties for violations of this chapter.
It is further the intent of the legislature that in developing
proposed orders under the powers granted in RCW 43.21G.040 as now or
hereafter amended the governor may utilize, on a temporary or ad hoc
basis, the knowledge and expertise of persons experienced in the
technical aspects of energy supply, distribution, or use. Such
utilization shall be in addition to support received by the governor
from the department of ((community, trade, and economic development))
commerce under RCW 43.21F.045 ((and 43.21F.065)) and from other state
agencies.
Sec. 79 RCW 43.21J.030 and 2007 c 341 s 62 and 2007 c 241 s 4 are
each reenacted and amended to read as follows:
(1) There is created the environmental enhancement and job creation
task force within the office of the governor. The purpose of the task
force is to provide a coordinated and comprehensive approach to
implementation of chapter 516, Laws of 1993. The task force shall
consist of the commissioner of public lands, the director of the
department of fish and wildlife, the director of the department of
ecology, the director of the parks and recreation commission, the
timber team coordinator, the executive director of the workforce
training and education coordinating board, and the executive director
of the Puget Sound partnership, or their designees. The task force may
seek the advice of the following agencies and organizations: The
department of ((community, trade, and economic development)) commerce,
the conservation commission, the employment security department, the
recreation and conservation office, appropriate federal agencies,
appropriate special districts, the Washington state association of
counties, the association of Washington cities, labor organizations,
business organizations, timber-dependent communities, environmental
organizations, and Indian tribes. The governor shall appoint the task
force chair. Members of the task force shall serve without additional
pay. Participation in the work of the committee by agency members
shall be considered in performance of their employment. The governor
shall designate staff and administrative support to the task force and
shall solicit the participation of agency personnel to assist the task
force.
(2) The task force shall have the following responsibilities:
(a) Soliciting and evaluating, in accordance with the criteria set
forth in RCW 43.21J.040, requests for funds from the environmental and
forest restoration account and making distributions from the account.
The task force shall award funds for projects and training programs it
approves and may allocate the funds to state agencies for disbursement
and contract administration;
(b) Coordinating a process to assist state agencies and local
governments to implement effective environmental and forest restoration
projects funded under this chapter;
(c) Considering unemployment profile data provided by the
employment security department.
(3) Beginning July 1, 1994, the task force shall have the following
responsibilities:
(a) To solicit and evaluate proposals from state and local
agencies, private nonprofit organizations, and tribes for environmental
and forest restoration projects;
(b) To rank the proposals based on criteria developed by the task
force in accordance with RCW 43.21J.040; and
(c) To determine funding allocations for projects to be funded from
the account created in RCW 43.21J.020 and for projects or programs as
designated in the omnibus operating and capital appropriations acts.
Sec. 80 RCW 43.21M.010 and 2009 c 519 s 10 are each amended to
read as follows:
(1) The departments of ecology, agriculture, ((community, trade,
and economic development)) commerce, fish and wildlife, natural
resources, and transportation shall develop an integrated climate
change response strategy to better enable state and local agencies,
public and private businesses, nongovernmental organizations, and
individuals to prepare for, address, and adapt to the impacts of
climate change. The integrated climate change response strategy should
be developed, where feasible and consistent with the direction of the
strategy, in collaboration with local government agencies with climate
change preparation and adaptation plans.
(2) The department of ecology shall serve as a central
clearinghouse for relevant scientific and technical information about
the impacts of climate change on Washington's ecology, economy, and
society, as well as serve as a central convener for the development of
vital programs and necessary policies to help the state adapt to a
rapidly changing climate.
(3) The department of ecology shall consult and collaborate with
the departments of fish and wildlife, agriculture, ((community, trade,
and economic development)) commerce, natural resources, and
transportation in developing an integrated climate change response
strategy and plans of action to prepare for and adapt to climate change
impacts.
Sec. 81 RCW 43.21M.020 and 2009 c 519 s 11 are each amended to
read as follows:
(1) The integrated climate change response strategy should address
the impact of and adaptation to climate change, as well as the regional
capacity to undertake actions, existing ecosystem and resource
management concerns, and health and economic risks. In addition, the
departments of ecology, agriculture, ((community, trade, and economic
development)) commerce, fish and wildlife, natural resources, and
transportation should include a range of scenarios for the purposes of
planning in order to assess project vulnerability and, to the extent
feasible, reduce expected risks and increase resiliency to the impacts
of climate change.
(2)(a) By December 1, 2011, the department of ecology shall compile
an initial climate change response strategy, including information and
data from the departments of fish and wildlife, agriculture,
((community, trade, and economic development)) commerce, natural
resources, and transportation that: Summarizes the best known science
on climate change impacts to Washington; assesses Washington's
vulnerability to the identified climate change impacts; prioritizes
solutions that can be implemented within and across state agencies; and
identifies recommended funding mechanisms and technical and other
essential resources for implementing solutions.
(b) The initial strategy must include:
(i) Efforts to identify priority planning areas for action, based
on vulnerability and risk assessments;
(ii) Barriers challenging state and local governments to take
action, such as laws, policies, regulations, rules, and procedures that
require revision to adequately address adaptation to climate change;
(iii) Opportunities to integrate climate science and projected
impacts into planning and decision making; and
(iv) Methods to increase public awareness of climate change, its
projected impacts on the community, and to build support for meaningful
adaptation policies and strategies.
Sec. 82 RCW 43.21M.030 and 2009 c 519 s 12 are each amended to
read as follows:
The departments of ecology, agriculture, ((community, trade, and
economic development)) commerce, fish and wildlife, natural resources,
and transportation may consult with qualified nonpartisan experts from
the scientific community as needed to assist with developing an
integrated climate change response strategy. The qualified nonpartisan
experts from the scientific community may assist the department of
ecology on the following components:
(1) Identifying the timing and extent of impacts from climate
change;
(2) Assessing the effects of climate variability and change in the
context of multiple interacting stressors or impacts;
(3) Developing forecasting models;
(4) Determining the resilience of the environment, natural systems,
communities, and organizations to deal with potential or actual impacts
of climate change and the vulnerability to which a natural or social
system is susceptible to sustaining damage from climate change impacts;
and
(5) Identifying other issues, as determined by the department of
ecology, necessary to develop policies and actions for the integrated
climate change response strategy.
Sec. 83 RCW 43.22.495 and 2007 c 432 s 7 are each amended to read
as follows:
Beginning on July 1, 2007, the department of labor and industries
shall perform all the consumer complaint and related functions of the
state administrative agency that are required for purposes of complying
with the regulations established by the federal department of housing
and urban development for manufactured housing, including the
preparation and submission of the state administrative plan.
The department of labor and industries may enter into state or
local interagency agreements to coordinate site inspection activities
with record monitoring and complaint handling. The interagency
agreement may also provide for the reimbursement for cost of work that
an agency performs. The department may include other related areas in
any interagency agreements which are necessary for the efficient
provision of services.
((The directors of the department of community, trade, and economic
development and the department of labor and industries shall
immediately take such steps as are necessary to ensure that chapter
432, Laws of 2007 is implemented on July 1, 2007.))
Sec. 84 RCW 43.22A.020 and 2007 c 432 s 1 are each amended to
read as follows:
Beginning on July 1, 2007, the department shall perform all the
consumer complaint and related functions of the state administrative
agency that are required for purposes of complying with the regulations
established by the federal department of housing and urban development
for manufactured housing, including the preparation and submission of
the state administrative plan.
The department may enter into state or local interagency agreements
to coordinate site inspection activities with record monitoring and
complaint handling. The interagency agreement may also provide for the
reimbursement for cost of work that an agency performs. The department
may include other related areas in any interagency agreements which are
necessary for the efficient provision of services.
((The department of community, trade, and economic development
shall transfer all records, files, books, and documents necessary for
the department to assume these new functions.))
The directors of community, trade, and economic development and of
labor and industries shall immediately take such steps as are necessary
to ensure that chapter 432, Laws of 2007 is implemented on July 1,
2007.
Sec. 85 RCW 43.23.035 and 1995 c 399 s 70 are each amended to
read as follows:
The department of agriculture is hereby designated as the agency of
state government for the administration and implementation of state
agricultural market development programs and activities, both domestic
and foreign, and shall, in addition to the powers and duties otherwise
imposed by law, have the following powers and duties:
(1) To study the potential marketability of various agricultural
commodities of this state in foreign and domestic trade;
(2) To collect, prepare, and analyze foreign and domestic market
data;
(3) To establish a program to promote and assist in the marketing
of Washington-bred horses: PROVIDED, That the department shall present
a proposal to the legislature no later than December 1, 1986, that
provides for the elimination of all state funding for the program after
June 30, 1989;
(4) To encourage and promote the sale of Washington's agricultural
commodities and products at the site of their production through the
development and dissemination of referral maps and other means;
(5) To encourage and promote those agricultural industries, such as
the wine industry, which attract visitors to rural areas in which other
agricultural commodities and products are produced and are, or could
be, made available for sale;
(6) To encourage and promote the establishment and use of public
markets in this state for the sale of Washington's agricultural
products;
(7) To maintain close contact with foreign firms and governmental
agencies and to act as an effective intermediary between foreign
nations and Washington traders;
(8) To publish and disseminate to interested citizens and others
information which will aid in carrying out the purposes of chapters
43.23, 15.64, 15.65, and 15.66 RCW;
(9) To encourage and promote the movement of foreign and domestic
agricultural goods through the ports of Washington;
(10) To conduct an active program by sending representatives to, or
engaging representatives in, foreign countries to promote the state's
agricultural commodities and products;
(11) To assist and to make Washington agricultural concerns more
aware of the potentials of foreign trade and to encourage production of
those commodities that will have high export potential and appeal;
(12) To coordinate the trade promotional activities of appropriate
federal, state, and local public agencies, as well as civic
organizations; and
(13) To develop a coordinated marketing program with the department
of ((community, trade, and economic development)) commerce, utilizing
existing trade offices and participating in mutual trade missions and
activities.
As used in this section, "agricultural commodities" includes
products of both terrestrial and aquatic farming.
Sec. 86 RCW 43.30.835 and 2009 c 163 s 2 are each amended to read
as follows:
(1) The department may develop and implement forest biomass energy
demonstration projects, one east of the crest of the Cascade mountains
and one west of the crest of the Cascade mountains. The demonstration
projects must be designed to:
(a) Reveal the utility of Washington's public and private forest
biomass feedstock;
(b) Create green jobs and generate renewable energy;
(c) Generate revenues or improve asset values for beneficiaries of
state lands and state forest lands;
(d) Improve forest health, reduce pollution, and restore ecological
function; and
(e) Avoid interfering with the current working area for forest
biomass collection surrounding an existing fixed location biomass
energy production site.
(2) To develop and implement the forest biomass energy
demonstration projects, the department may form forest biomass energy
partnerships or cooperatives.
(3) The forest biomass energy partnerships or cooperatives are
encouraged to be public-private partnerships focused on convening the
entities necessary to grow, harvest, process, transport, and utilize
forest biomass to generate renewable energy. Particular focus must be
given to recruiting and employing emerging technologies that can
locally process forest biomass feedstock to create local green jobs and
reduce transportation costs.
(4) The forest biomass energy partnerships or cooperatives may
include, but are not limited to: Entrepreneurs or organizations
developing and operating emerging technology to process forest biomass;
industrial electricity producers; contractors capable of providing the
local labor needed to collect, process, and transport forest biomass
feedstocks; tribes; federal land management agencies; county, city, and
other local governments; the department of ((community, trade, and
economic development)) commerce; state trust land managers; an
organization dedicated to protecting and strengthening the jobs,
rights, and working conditions of Washington's working families;
accredited research institution representatives; an industrial timber
land manager; a small forest landowner; and a not-for-profit
conservation organization.
NEW SECTION. Sec. 87 A new section is added to chapter 43.31 RCW
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 commerce.
(2) "Director" means the director of commerce.
Sec. 88 RCW 43.31.205 and 1993 c 280 s 41 are each amended to
read as follows:
In an effort to enhance the economy of the Tri-Cities area, the
department ((of community, trade, and economic development)) is
directed to promote the existence of the lease between the state of
Washington and the federal government executed September 10, 1964,
covering one thousand acres of land lying within the Hanford
reservation near Richland, Washington, and the opportunity of
subleasing the land to entities for nuclear-related industry, in
agreement with the terms of the lease. When promoting the existence of
the lease, the department shall work in cooperation with any associate
development organization located in or near the Tri-Cities area.
Sec. 89 RCW 43.31.422 and 2004 c 77 s 1 are each amended to read
as follows:
The Hanford area economic investment fund is established in the
custody of the state treasurer. Moneys in the fund shall only be used
for reasonable assistant attorney general costs in support of the
committee or pursuant to the decisions of the committee created in RCW
43.31.425 for Hanford area revolving loan funds, Hanford area
infrastructure projects, or other Hanford area economic development and
diversification projects, but may not be used for government or
nonprofit organization operating expenses. Up to five percent of
moneys in the fund may be used for program administration. For the
purpose of this chapter "Hanford area" means Benton and Franklin
counties. The director ((of community, trade, and economic
development)) or the director's designee shall authorize disbursements
from the fund after an affirmative vote of at least six members of the
committee created in RCW 43.31.425 on any decisions reached by the
committee created in RCW 43.31.425. The fund is subject to the
allotment procedures under chapter 43.88 RCW, but no appropriation is
required for disbursements. The legislature intends to establish
similar economic investment funds for areas that develop low-level
radioactive waste disposal facilities.
Sec. 90 RCW 43.31.504 and 1993 c 280 s 45 are each amended to
read as follows:
The child care facility fund committee is established within the
business assistance center of the department of ((community, trade, and
economic development)) commerce. The committee shall administer the
child care facility fund, with review by the director of ((community,
trade, and economic development)) commerce.
(1) The committee shall have five members. The director of
((community, trade, and economic development)) commerce shall appoint
the members, who shall include:
(a) Two persons experienced in investment finance and having skills
in providing capital to new businesses, in starting and operating
businesses, and providing professional services to small or expanding
businesses;
(b) One person representing a philanthropic organization with
experience in evaluating funding requests;
(c) One child care services expert; and
(d) One early childhood development expert.
In making these appointments, the director shall give careful
consideration to ensure that the various geographic regions of the
state are represented and that members will be available for meetings
and are committed to working cooperatively to address child care needs
in Washington state.
(2) The committee shall elect officers from among its membership
and shall adopt policies and procedures specifying the lengths of
terms, methods for filling vacancies, and other matters necessary to
the ongoing functioning of the committee.
(3) Committee members shall serve without compensation, but may
request reimbursement for travel expenses as provided in RCW 43.03.050
and 43.03.060.
(4) Committee members shall not be liable to the state, to the
child care facility fund, or to any other person as a result of their
activities, whether ministerial or discretionary, as members except for
willful dishonesty or intentional violation of the law. The department
of ((community, trade, and economic development)) commerce may purchase
liability insurance for members and may indemnify these persons against
the claims of others.
Sec. 91 RCW 43.31.805 and 1998 c 345 s 3 are each amended to read
as follows:
The state trade fair fund is created in the custody of the state
treasury. All moneys received by the department ((of community, trade,
and economic development)) for the purposes of this fund shall be
deposited into the fund. Expenditures from the fund may be used only
for the purpose of assisting state trade fairs. Only the director ((of
community, trade, and economic development)) or the director's designee
may authorize expenditures from the fund. The fund is subject to
allotment procedures under chapter 43.88 RCW, but no appropriation is
required for expenditures.
Sec. 92 RCW 43.31.830 and 1993 c 280 s 53 are each amended to
read as follows:
(1) It shall be the duty of the director ((of community, trade, and
economic development)) to certify, from the applications received, the
state international trade fair or fairs qualified and entitled to
receive funds under RCW 67.16.100, and under rules established by the
director.
(2) The director shall make annual allotments to state
international trade fairs determined qualified to be entitled to
participate in the state trade fair fund and shall fix times for the
division of and payment from the state trade fair fund: PROVIDED, That
total payment to any one state international trade fair shall not
exceed sixty thousand dollars in any one year, where participation or
presentation occurs within the United States, and eighty thousand
dollars in any one year, where participation or presentation occurs
outside the United States: PROVIDED FURTHER, That a state
international trade fair may qualify for the full allotment of funds
under either category. Upon certification of the allotment and
division of fair funds by the director the treasurer shall proceed to
pay the same to carry out the purposes of RCW 67.16.100.
Sec. 93 RCW 43.31.840 and 1993 c 280 s 54 are each amended to
read as follows:
The director ((of community, trade, and economic development))
shall at the end of each year for which an annual allotment has been
made, conduct a post audit of all of the books and records of each
state international trade fair participating in the state trade fair
fund. The purpose of such post audit shall be to determine how and to
what extent each participating state international trade fair has
expended all of its funds.
The audit required by this section shall be a condition to future
allotments of money from the state international trade fair fund, and
the director shall make a report of the findings of each post audit and
shall use such report as a consideration in an application for any
future allocations.
Sec. 94 RCW 43.31.960 and 1995 c 399 s 72 are each amended to
read as follows:
The principal proceeds from the sale of the bonds authorized in RCW
43.31.956 shall be administered by the director ((of community, trade,
and economic development)).
Sec. 95 RCW 43.31.970 and 2009 c 459 s 18 are each amended to
read as follows:
The department ((of community, trade, and economic development))
must distribute to local governments model ordinances, model
development regulations, and guidance for local governments for siting
and installing electric vehicle infrastructure, and in particular
battery charging stations, and appropriate handling, recycling, and
storage of electric vehicle batteries and equipment, when available.
The model ordinances, model development regulations, and guidance must
be developed by a federal or state agency, or nationally recognized
organizations with specific expertise in land-use regulations or
electric vehicle infrastructure.
Sec. 96 RCW 43.41.270 and 2009 c 345 s 12 are each amended to
read as follows:
(1) The office of financial management shall assist natural
resource-related agencies in developing outcome-focused performance
measures for administering natural resource-related and environmentally
based grant and loan programs. These performance measures are to be
used in determining grant eligibility, for program management and
performance assessment.
(2) The office of financial management and the recreation and
conservation office shall assist natural resource-related agencies in
developing recommendations for a monitoring program to measure outcome-focused performance measures required by this section. The
recommendations must be consistent with the framework and coordinated
monitoring strategy developed by the monitoring oversight committee
established in RCW 77.85.210.
(3) Natural resource agencies shall consult with grant or loan
recipients including local governments, tribes, nongovernmental
organizations, and other interested parties, and report to the office
of financial management on the implementation of this section.
(4) For purposes of this section, "natural resource-related
agencies" include the department of ecology, the department of natural
resources, the department of fish and wildlife, the state conservation
commission, the recreation and conservation funding board, the salmon
recovery funding board, and the public works board within the
department of ((community, trade, and economic development)) commerce.
(5) For purposes of this section, "natural resource-related
environmentally based grant and loan programs" includes the
conservation reserve enhancement program; dairy nutrient management
grants under chapter 90.64 RCW; state conservation commission water
quality grants under chapter 89.08 RCW; coordinated prevention grants,
public participation grants, and remedial action grants under RCW
70.105D.070; water pollution control facilities financing under chapter
70.146 RCW; aquatic lands enhancement grants under RCW 79.105.150;
habitat grants under the Washington wildlife and recreation program
under RCW 79A.15.040; salmon recovery grants under chapter 77.85 RCW;
and the public works trust fund program under chapter 43.155 RCW. The
term also includes programs administered by the department of fish and
wildlife related to protection or recovery of fish stocks which are
funded with moneys from the capital budget.
NEW SECTION. Sec. 97 A new section is added to chapter 43.63A
RCW 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 commerce.
(2) "Director" means the director of commerce.
Sec. 98 RCW 43.63A.068 and 2009 c 518 s 18 are each amended to
read as follows:
(1)(a) The department ((of community, trade, and economic
development)) shall establish an advisory committee to monitor, guide,
and report on recommendations relating to policies and programs for
children and families with incarcerated parents.
(b) The advisory committee shall include representatives of the
department of corrections, the department of social and health
services, the department of early learning, the office of the
superintendent of public instruction, representatives of the private
nonprofit and business sectors, child advocates, representatives of
Washington state Indian tribes as defined under the federal Indian
welfare act (25 U.S.C. Sec. 1901 et seq.), court administrators, the
administrative office of the courts, the Washington association of
sheriffs and police chiefs, jail administrators, the office of the
governor, and others who have an interest in these issues.
(c) The advisory committee shall:
(i) Gather the data collected by the departments as required in RCW
72.09.495, 74.04.800, 43.215.065, and 28A.300.520;
(ii) Monitor and provide consultation on the implementation of
recommendations contained in the 2006 children of incarcerated parents
report;
(iii) Identify areas of need and develop recommendations for the
legislature, the department of social and health services, the
department of corrections, the department of early learning, and the
office of the superintendent of public instruction to better meet the
needs of children and families of persons incarcerated in department of
corrections facilities; and
(iv) Advise the department ((of community, trade, and economic
development)) regarding community programs the department should fund
with moneys appropriated for this purpose in the operating budget. The
advisory committee shall provide recommendations to the department
regarding the following:
(A) The goals for geographic distribution of programs and funding;
(B) The scope and purpose of eligible services and the priority of
such services;
(C) Grant award funding limits;
(D) Entities eligible to apply for the funding;
(E) Whether the funding should be directed towards starting or
supporting new programs, expanding existing programs, or whether the
funding should be open to all eligible services and providers; and
(F) Other areas the advisory committee determines appropriate.
(d) The children of incarcerated parents advisory committee shall
update the legislature and governor biennially on committee activities,
with the first update due by January 1, 2010.
(2) The department ((of community, trade, and economic
development)) shall select community programs or services to receive
funding that focus on children and families of inmates incarcerated in
a department of corrections facility and sustaining the family during
the period of the inmate's incarceration.
(a) Programs or services which meet the needs of the children of
incarcerated parents should be the greatest consideration in the
programs that are identified by the department.
(b) The department shall consider the recommendations of the
advisory committee regarding which services or programs the department
should fund.
(c) The programs selected shall collaborate with an agency, or
agencies, experienced in providing services to aid families and victims
of sexual assault and domestic violence to ensure that the programs
identify families who have a history of sexual assault or domestic
violence and ensure the services provided are appropriate for the
children and families.
Sec. 99 RCW 43.63A.115 and 1993 c 280 s 60 are each amended to
read as follows:
(1) The community action agency network, established initially
under the federal economic opportunity act of 1964 and subsequently
under the federal community services block grant program of 1981, as
amended, shall be a delivery system for federal and state antipoverty
programs in this state, including but not limited to the community
services block grant program, the low-income energy assistance program,
and the federal department of energy weatherization program.
(2) Local community action agencies comprise the community action
agency network. The community action agency network shall serve low-income persons in the counties. Each community action agency and its
service area shall be designated in the state federal community service
block grant plan as prepared by the department ((of community, trade,
and economic development)).
(3) Funds for antipoverty programs may be distributed to the
community action agencies by the department ((of community, trade, and
economic development)) and other state agencies in consultation with
the authorized representatives of community action agency networks.
Sec. 100 RCW 43.63A.135 and 2006 c 371 s 234 are each amended to
read as follows:
(1) The department ((of community, trade, and economic
development)) must establish a competitive process to solicit proposals
for and prioritize projects whose primary objective is to assist
nonprofit youth organizations in acquiring, constructing, or
rehabilitating facilities used for the delivery of nonresidential
services, excluding outdoor athletic fields.
(2) The department ((of community, trade, and economic
development)) must establish a competitive process to prioritize
applications for the assistance as follows:
(a) The department ((of community, trade, and economic
development)) must conduct a statewide solicitation of project
applications from local governments, nonprofit organizations, and other
entities, as determined by the department ((of community, trade, and
economic development)). The department ((of community, trade, and
economic development)) must evaluate and rank applications in
consultation with a citizen advisory committee using objective
criteria. Projects must have a major recreational component, and must
have either an educational or social service component. At a minimum,
applicants must demonstrate that the requested assistance will increase
the efficiency or quality of the services it provides to youth. The
evaluation and ranking process must also include an examination of
existing assets that applicants may apply to projects. Grant
assistance under this section may not exceed twenty-five percent of the
total cost of the project. The nonstate portion of the total project
cost may include cash, the value of real property when acquired solely
for the purpose of the project, and in-kind contributions.
(b) The department ((of community, trade, and economic
development)) must submit a prioritized list of recommended projects to
the governor and the legislature in the department of community, trade,
and economic development's biennial capital budget request beginning
with the 2005-2007 biennium and thereafter. The list must include a
description of each project, the amount of recommended state funding,
and documentation of nonstate funds to be used for the project. The
total amount of recommended state funding for projects on a biennial
project list must not exceed eight million dollars. The department
((of community, trade, and economic development)) may not sign
contracts or otherwise financially obligate funds under this section
until the legislature has approved a specific list of projects.
(c) In contracts for grants authorized under this section the
department ((of community, trade, and economic development)) must
include provisions that require that capital improvements be held by
the grantee for a specified period of time appropriate to the amount of
the grant and that facilities be used for the express purpose of the
grant. If the grantee is found to be out of compliance with provisions
of the contract, the grantee must repay to the state general fund the
principal amount of the grant plus interest calculated at the rate of
interest on state of Washington general obligation bonds issued most
closely to the date of authorization of the grant.
Sec. 101 RCW 43.63A.155 and 1993 c 280 s 61 are each amended to
read as follows:
The department ((of community, trade, and economic development))
shall retain the bond information it receives under RCW 39.44.210 and
39.44.230 and shall publish summaries of local government bond issues
at least once a year.
The department ((of community, trade, and economic development))
shall adopt rules under chapter 34.05 RCW to implement RCW 39.44.210
and 39.44.230.
Sec. 102 RCW 43.63A.230 and 2005 c 136 s 2 are each amended to
read as follows:
The department ((of community, trade, and economic development))
shall provide technical assistance to cooperatives authorized under
chapter 23.78 RCW and conduct educational programs on employee
ownership and self-management. The department shall include
information on the option of employee ownership wherever appropriate in
its various programs.
Sec. 103 RCW 43.63A.275 and 1993 c 280 s 67 are each amended to
read as follows:
(1) Each biennium the department ((of community, trade, and
economic development)) shall distribute such funds as are appropriated
for retired senior volunteer programs (RSVP) as follows:
(a) At least sixty-five percent of the moneys may be distributed
according to formulae and criteria to be determined by the department
((of community, trade, and economic development)) in consultation with
the RSVP directors association.
(b) Up to twenty percent of the moneys may be distributed by
competitive grant process to develop RSVP projects in counties not
presently being served, or to expand existing RSVP services into
counties not presently served.
(c) Ten percent of the moneys may be used by the department ((of
community, trade, and economic development)) for administration,
monitoring of the grants, and providing technical assistance to the
RSVP projects.
(d) Up to five percent of the moneys may be used to support
projects that will benefit RSVPs statewide.
(2) Grants under subsection (1) of this section shall give priority
to programs in the areas of education, tutoring, English as a second
language, combating of and education on drug abuse, housing and
homeless, and respite care, and shall be distributed in accordance with
the following:
(a) None of the grant moneys may be used to displace any paid
employee in the area being served.
(b) Grants shall be made for programs that focus on:
(i) Developing new roles for senior volunteers in nonprofit and
public organizations with special emphasis on areas targeted in section
1, chapter 65, Laws of 1992. The roles shall reflect the diversity of
the local senior population and shall respect their life experiences;
(ii) Increasing the expertise of volunteer managers and RSVP
managers in the areas of communication, recruitment, motivation, and
retention of today's over-sixty population;
(iii) Increasing the number of senior citizens recruited, referred,
and placed with nonprofit and public organizations; and
(iv) Providing volunteer support such as: Mileage to and from the
volunteer assignment, recognition, and volunteer insurance.
Sec. 104 RCW 43.63A.307 and 2009 c 148 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.)) "Eligible youth" means an individual who:
(2)
(a) On or after September 1, 2006, is at least eighteen, was a
dependent of the state under chapter 13.34 RCW at any time during the
four-month period before his or her eighteenth birthday, and has not
yet reached the age of twenty-three;
(b) Except as provided in RCW 43.63A.309(2)(a), has a total income
from all sources, except for temporary sources that include, but are
not limited to, overtime wages, bonuses, or short-term temporary
assignments, that does not exceed fifty percent of the area median
income;
(c) Is not receiving services under RCW 74.13.031(10)(b);
(d) Complies with other eligibility requirements the department may
establish.
(((3))) (2) "Fair market rent" means the fair market rent in each
county of the state, as determined by the United States department of
housing and urban development.
(((4))) (3) "Independent housing" means a housing unit that is not
owned by or located within the home of the eligible youth's biological
parents or any of the eligible youth's former foster care families or
dependency guardians. "Independent housing" may include a unit in a
transitional or other supportive housing facility.
(((5))) (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
that are matched with contributions by or through the sponsoring
organization.
(((6))) (5) "Subcontractor organization" means an eligible
organization described under RCW 43.185A.040 that contracts with the
department to administer the independent youth housing program.
Sec. 105 RCW 43.63A.400 and 1993 c 280 s 72 are each amended to
read as follows:
The department ((of community, trade, and economic development))
shall distribute grants to eligible public radio and television
broadcast stations under RCW 43.63A.410 and 43.63A.420 to assist with
programming, operations, and capital needs.
Sec. 106 RCW 43.63A.410 and 1993 c 280 s 73 are each amended to
read as follows:
(1) Eligibility for grants under this section shall be limited to
broadcast stations which are:
(a) Licensed to Washington state organizations, nonprofit
corporations, or other entities under section 73.621 of the regulations
of the federal communications commission; and
(b) Qualified to receive community service grants from the
federally chartered corporation for public broadcasting. Eligibility
shall be established as of February 28th of each year.
(2) The formula in this subsection shall be used to compute the
amount of each eligible station's grant under this section.
(a) Appropriations under this section shall be divided into a radio
fund, which shall be twenty-five percent of the total appropriation
under this section, and a television fund, which shall be seventy-five
percent of the total appropriation under this section. Each of the two
funds shall be divided into a base grant pool, which shall be fifty
percent of the fund, and an incentive grant pool, which shall be the
remaining fifty percent of the fund.
(b) Each eligible participating public radio station shall receive
an equal share of the radio base grant pool, plus a share of the radio
incentive grant pool equal to the proportion its nonfederal financial
support bears to the sum of all participating radio stations'
nonfederal financial support as most recently reported to the
corporation for public broadcasting.
(c) Each eligible participating public television station shall
receive an equal share of the television base grant pool, plus a share
of the television incentive grant pool equal to the proportion its
nonfederal financial support bears to the sum of all participating
television stations' nonfederal financial support as most recently
reported to the corporation for public broadcasting.
(3) Annual financial reports to the corporation for public
broadcasting by eligible stations shall also be submitted by the
stations to the department ((of community, trade, and economic
development)).
Sec. 107 RCW 43.63A.420 and 1987 c 308 s 4 are each amended to
read as follows:
(1) Eligibility for grants under this section shall be limited to
broadcast stations that:
(a) Have a noncommercial educational license granted by the federal
communications commission;
(b) Are not eligible under RCW 43.63A.410;
(c) Have a permanent employee who is assigned operational
management responsibility for the station and who is not compensated
with moneys granted under this section;
(d) Meet the operating schedule requirements of the station's
federal broadcast license;
(e) Have facilities and equipment that allow for program
origination and production;
(f) Have a daily broadcast schedule devoted primarily to serving
the educational, informational, and cultural needs of the community
within its primary service area. The programming shall be intended for
a general audience and not designed to further a particular religious
philosophy or political organization;
(g) Originate a locally produced program service designed to serve
the community;
(h) Maintain financial records in accordance with generally
accepted accounting principles; and
(i) Complete an eligibility criteria statement and annual financial
survey pursuant to rules adopted by the department ((of community
development)).
(2)(a) A grant of up to ten thousand dollars per year may be made
under this section to those eligible stations operating at least twelve
hours per day, three hundred sixty-five days each year, with
transmitting facilities developed to the maximum combination of
effective radiated power and antenna height possible under the
station's federal communications commission license.
(b) A grant of up to eight thousand dollars per year may be made
under this section to those eligible stations operating at least twelve
hours per day, three hundred sixty-five days each year, with
transmitting facilities not fully developed under federal
communications commission rules.
(c) A grant of up to five thousand dollars per year may be made
under this section to those eligible stations operating less than
twelve hours per day, three hundred sixty-five days each year, with
transmitting facilities developed to the maximum combination of
effective radiated power and antenna height possible under the
station's federal communications commission license.
(d) A grant of up to one thousand five hundred dollars per year may
be made under this section to those eligible stations not meeting the
requirements of (a), (b), or (c) of this subsection.
(3) Funding received under this section is specifically for the
support of public broadcast operations and facilities improvements
which benefit the general community. No funds received under this
section may be used for any other purposes by licensees of eligible
stations.
(4) Any portion of the appropriation not expended under this
section shall be transferred for expenditure under RCW 43.63A.410.
Sec. 108 RCW 43.63A.720 and 1995 c 353 s 7 are each amended to
read as follows:
There is established in the department ((of community, trade, and
economic development)) a grant program to enhance funding for
prostitution prevention and intervention services. Activities that can
be funded through this grant program shall provide effective
prostitution prevention and intervention services, such as counseling,
parenting, housing relief, education, and vocational training, that:
(1) Comprehensively address the problems of persons who are
prostitutes; and
(2) Enhance the ability of persons to leave or avoid prostitution.
Sec. 109 RCW 43.63A.735 and 1995 c 353 s 10 are each amended to
read as follows:
(1) Subject to funds appropriated by the legislature, including
funds in the prostitution prevention and intervention account, the
department ((of community, trade, and economic development)) shall make
awards under the grant program established by RCW 43.63A.720.
(2) Awards shall be made competitively based on the purposes of and
criteria in RCW 43.63A.720 through 43.63A.730.
(3) Activities funded under this section may be considered for
funding in future years, but shall be considered under the same terms
and criteria as new activities. Funding of a program or activity under
this chapter shall not constitute an obligation by the state of
Washington to provide ongoing funding.
(4) The department ((of community, trade, and economic
development)) may receive such gifts, grants, and endowments from
public or private sources as may be made from time to time, in trust or
otherwise, for the use and benefit of the purposes of the grant program
established under RCW 43.63A.720 and expend the same or any income from
these sources according to the terms of the gifts, grants, or
endowments.
(5) The department ((of community, trade, and economic
development)) may expend up to five percent of the funds appropriated
for the grant program for administrative costs and grant supervision.
Sec. 110 RCW 43.63A.760 and 2003 1st sp.s. c 26 s 928 are each
amended to read as follows:
(1) The airport impact mitigation account is created in the custody
of the state treasury. Moneys deposited in the account, including
moneys received from the port of Seattle for purposes of this section,
may be used only for airport mitigation purposes as provided in this
section. Only the director ((of the department of community, trade,
and economic development)) or the director's designee may authorize
expenditures from the account. The account is subject to allotment
procedures under chapter 43.88 RCW, but an appropriation is not
required for expenditures.
(2) The department ((of community, trade, and economic
development)) shall establish a competitive process to prioritize
applications for airport impact mitigation assistance through the
account created in subsection (1) of this section. The department
shall conduct a solicitation of project applications in the airport
impact area as defined in subsection (4) of this section. Eligible
applicants include public entities such as cities, counties, schools,
parks, fire districts, and shall include organizations eligible to
apply for grants under RCW 43.63A.125. The department ((of community,
trade, and economic development)) shall evaluate and rank applications
in conjunction with the airport impact mitigation advisory board
established in subsection (3) of this section using objective criteria
developed by the department in conjunction with the airport impact
mitigation advisory board. At a minimum, the criteria must consider:
The extent to which the applicant is impacted by the airport; and the
other resources available to the applicant to mitigate the impact,
including other mitigation funds. The director ((of the department of
community, trade, and economic development)) shall award grants
annually to the extent funds are available in the account created in
subsection (1) of this section.
(3) The director ((of the department of community, trade, and
economic development)) shall establish the airport impact mitigation
advisory board comprised of persons in the airport impact area to
assist the director in developing criteria and ranking applications
under this section. The advisory board shall include representation of
local governments, the public in general, businesses, schools,
community services organizations, parks and recreational activities,
and others at the discretion of the director. The advisory board shall
be weighted toward those communities closest to the airport that are
more adversely impacted by airport activities.
(4) The airport impact area includes the incorporated areas of
Burien, Normandy Park, Des Moines, SeaTac, Tukwila, Kent, and Federal
Way, and the unincorporated portion of west King county.
(5) The department ((of community, trade, and economic
development)) shall report on its activities related to the account
created in this section by January 1, 2004, and each January 1st
thereafter.
Sec. 111 RCW 43.63A.764 and 2008 c 327 s 13 are each amended to
read as follows:
The definitions in this section apply throughout RCW 43.63A.125,
this section, and RCW 43.63A.766 and 43.63A.768 unless the context
clearly requires otherwise.
(1) (("Department" means the department of community, trade, and
economic development.)) "Distressed community" means: (a) A county that has an
unemployment rate that is twenty percent above the state average for
the immediately previous three years; (b) an area within a county that
the department determines to be a low-income community, using as
guidance the low-income community designations under the community
development financial institutions fund's new markets tax credit
program of the United States department of the treasury; or (c) a
school district in which at least fifty percent of local elementary
students receive free and reduced-price meals.
(2)
(((3))) (2) "Nonprofit organization" means an organization that is
tax exempt, or not required to apply for an exemption, under section
501(c)(3) of the federal internal revenue code of 1986, as amended.
(((4))) (3) "Technical assistance" means professional services
provided under contract to nonprofit organizations for feasibility
studies, planning, and project management related to acquiring,
constructing, or rehabilitating nonresidential community services
facilities.
Sec. 112 RCW 43.70.540 and 2005 c 282 s 45 are each amended to
read as follows:
The legislature recognizes that the state patrol, the
administrative office of the courts, the sheriffs' and police chiefs'
association, the department of social and health services, the
department of ((community, trade, and economic development)) commerce,
the sentencing guidelines commission, the department of corrections,
and the superintendent of public instruction each have comprehensive
data and analysis capabilities that have contributed greatly to our
current understanding of crime and violence, and their causes.
The legislature finds, however, that a single health-oriented
agency must be designated to provide consistent guidelines to all these
groups regarding the way in which their data systems collect this
important data. It is not the intent of the legislature by RCW
43.70.545 to transfer data collection requirements from existing
agencies or to require the addition of major new data systems. It is
rather the intent to make only the minimum required changes in existing
data systems to increase compatibility and comparability, reduce
duplication, and to increase the usefulness of data collected by these
agencies in developing more accurate descriptions of violence.
Sec. 113 RCW 43.79.201 and 2009 c 564 s 935 are each amended to
read as follows:
(1) The charitable, educational, penal and reformatory institutions
account is hereby created, in the state treasury, into which account
there shall be deposited all moneys arising from the sale, lease or
transfer of the land granted by the United States government to the
state for charitable, educational, penal and reformatory institutions
by section 17 of the enabling act, or otherwise set apart for such
institutions, except all moneys arising from the sale, lease, or
transfer of that certain one hundred thousand acres of such land
assigned for the support of the University of Washington by chapter 91,
Laws of 1903 and section 9, chapter 122, Laws of 1893.
(2) If feasible, not less than one-half of all income to the
charitable, educational, penal, and reformatory institutions account
shall be appropriated for the purpose of providing housing, including
repair and renovation of state institutions, for persons with mental
illness or developmental disabilities, or youth who are blind, deaf, or
otherwise disabled. If moneys are appropriated for community-based
housing, the moneys shall be appropriated to the department of
((community, trade, and economic development)) commerce for the housing
assistance program under chapter 43.185 RCW. During the 2009-2011
fiscal biennium, the legislature may transfer from the charitable,
educational, penal and reformatory institutions account to the state
general fund such amounts as reflect excess fund balance of the ((fund
[account])) account.
Sec. 114 RCW 43.83.184 and 1995 c 399 s 78 are each amended to
read as follows:
For the purpose of acquiring land and providing needed capital
improvements consisting of the planning, acquisition, construction,
remodeling, and furnishing, together with all improvements,
enhancements, fixed equipment facilities of office buildings, parking
facilities, and such other buildings, facilities, and utilities as are
determined to be necessary to provide space including offices,
committee rooms, hearing rooms, work rooms, and industrial-related
space for the legislature, for other elective officials, and such other
state agencies as may be necessary, and for the purpose of land
acquisitions by the department of transportation, grants and loans by
the department ((of community, trade, and economic development))
commerce, and facilities of the department of corrections and other
state agencies, the state finance committee is authorized to issue
general obligation bonds of the state of Washington in the sum of
sixty-four million two hundred seventy thousand dollars, or so much
thereof as may be required, to finance these projects and all costs
incidental thereto. No bonds authorized in this section may be offered
for sale without prior legislative appropriation.
Sec. 115 RCW 43.105.370 and 2009 c 509 s 2 are each amended to
read as follows:
(1) The broadband mapping account is established in the custody of
the state treasurer. The department shall deposit into the account
such funds received from legislative appropriation, federal grants
authorized under the federal broadband data improvement act, P.L. 110-385, Title I, and donated funds from private and public sources.
Expenditures from the account may be used only for the purposes of RCW
43.105.372 through 43.105.376. Only the director of the department or
the director's designee may authorize expenditures from the account.
The account is subject to the allotment procedures under chapter 43.88
RCW, but an appropriation is not required for expenditures.
(2) The department of information services is the single eligible
entity in the state for purposes of the federal broadband data
improvement act, P.L. 110-385, Title I.
(3) Funding received by the department under the federal broadband
data improvement act, P.L. 110-385, Title I, must be used in accordance
with the requirements of that act and, subject to those requirements,
may be distributed by the department on a competitive basis to other
entities in the state to achieve the purposes of that act.
(4) The department of information services shall consult with the
department of ((community, trade, and economic development)) commerce
or its successor agency, the office of financial management, and the
utilities and transportation commission in coordinating broadband
mapping activities. In carrying out any broadband mapping activities,
the provisions of P.L. 110-385, Title I, regarding trade secrets,
commercial or financial information, and privileged or confidential
information submitted by the federal communications commission or a
broadband provider are deemed to encompass the consulted agencies.
Sec. 116 RCW 43.105.376 and 2009 c 509 s 5 are each amended to
read as follows:
(1) The department, in coordination with the department of
((community, trade, and economic development)) commerce and the
utilities and transportation commission, and such advisors as the
department chooses, may prepare regular reports that identify the
following:
(a) The geographic areas of greatest priority for the deployment of
advanced telecommunications infrastructure in the state;
(b) A detailed explanation of how any amount of funding received
from the federal government for the purposes of broadband mapping,
deployment, and adoption will be or have been used; and
(c) A determination of how nonfederal sources may be utilized to
achieve the purposes of broadband mapping, deployment, and adoption
activities in the state.
(2) To the greatest extent possible, the initial report should be
based upon the information identified in the geographic system maps
developed under the requirements of this chapter.
(3) The initial report should be delivered to the appropriate
committees of the legislature as soon as feasible, but no later than
January 18, 2010.
(4) Future reports based upon the requirements of subsection (1) of
this section should be delivered to the appropriate committees of the
legislature by January 15th of each year.
Sec. 117 RCW 43.110.010 and 2001 c 290 s 1 are each amended to
read as follows:
There shall be a state agency which shall be known as the municipal
research council. The council shall be composed of fourteen members.
Two members shall be appointed by the president of the senate, with
equal representation from each of the two major political parties; two
members shall be appointed by the speaker of the house of
representatives, with equal representation from each of the two major
political parties; one member shall be the director of ((community,
trade, and economic development)) commerce; six members, who shall be
city or town officials, shall be appointed by the governor from a list
of six nominees submitted by the board of directors of the association
of Washington cities; and three members, who shall be county officials,
shall be appointed by the governor, one of whom shall be a nominee
submitted by the board of directors of the Washington association of
county officials, and two of whom shall be from a list of two nominees
submitted by the board of directors of the Washington state association
of counties. Of the city or town officials, at least one shall be an
official of a city having a population of twenty thousand or more; at
least one shall be an official of a city having a population of one
thousand five hundred to twenty thousand; and at least one shall be an
official of a town having a population of less than one thousand five
hundred.
The terms of members shall be for two years. The terms of those
members who are appointed as legislators or city, town, or county
officials shall be dependent upon continuance in legislative, city,
town, or county office. The terms of all members except legislative
members shall commence on the first day of August in every odd-numbered
year. The speaker of the house of representatives and the president of
the senate shall make their appointments on or before the third Monday
in January in each odd-numbered year, and the terms of the members thus
appointed shall commence on the third Monday of January in each odd-numbered year.
Councilmembers shall receive no compensation but shall be
reimbursed for travel expenses at rates in accordance with RCW
43.03.050 and 43.03.060 as now existing or hereafter amended, except
that members of the council who are also members of the legislature
shall be reimbursed at the rates provided by RCW 44.04.120.
Sec. 118 RCW 43.132.020 and 2000 c 182 s 2 are each amended to
read as follows:
The director of financial management or the director's designee
shall, in cooperation with appropriate legislative committees and
legislative staff, establish a mechanism for the determination of the
fiscal impact of proposed legislation which if enacted into law would
directly or indirectly increase or decrease revenues received or
expenditures incurred by counties, cities, towns, or any other units of
local government. The office of financial management shall, when
requested by a member of the state legislature, report in writing as to
such fiscal impact and said report shall be known as a "fiscal note".
Such fiscal notes shall indicate by fiscal year the total impact on
the local governments involved for the first two years the legislation
would be in effect and also a cumulative six year forecast of the
fiscal impact. Where feasible and applicable, the fiscal note also
shall indicate the fiscal impact on each individual county or on a
representative sampling of cities, towns, or other units of local
government.
A fiscal note as defined in this section shall be provided only
upon request of any member of the state legislature. A request for a
fiscal note on legislation shall be considered to be a continuing
request for a fiscal note on any formal alteration of the legislation
in the form of amendments to the legislation that are adopted by a
committee or a house of the legislature or a substitute version of such
legislation that is adopted by a committee and preparation of the
fiscal note on the prior version of the legislation shall stop, unless
the legislator requesting the fiscal note specifies otherwise or the
altered version is first adopted or enacted in the last week of a
legislative session.
Fiscal notes shall be completed within one week of the request
unless a longer time period is allowed by the requesting legislator.
In the event a fiscal note has not been completed within one week of a
request, a daily report shall be prepared for the requesting legislator
by the director of financial management which report summarizes the
progress in preparing the fiscal note. If the request is referred to
the director of ((community, trade, and economic development))
commerce, the daily report shall also include the date and time such
referral was made.
Sec. 119 RCW 43.132.030 and 1995 c 399 s 80 are each amended to
read as follows:
The director of financial management is hereby empowered to
designate the director of ((community, trade, and economic
development)) commerce as the official responsible for the preparation
of fiscal notes authorized and required by this chapter. It is the
intent of the legislature that when necessary the resources of other
state agencies, appropriate legislative staffs, and the various
associations of local government may be employed in the development of
such fiscal notes.
Sec. 120 RCW 43.132.800 and 2000 c 182 s 5 are each amended to
read as follows:
(1) The office of financial management, in consultation with the
department of ((community, trade, and economic development)) commerce,
shall annually prepare a report on the fiscal impacts to counties,
cities, towns, and other units of local governments, arising from
selected laws enacted in the preceding five-year period. The office of
financial management, in consultation with the department of
((community, trade, and economic development)) commerce, shall annually
select up to five laws to include within this report from a recommended
list of laws approved by the legislature. The office of financial
management, in consultation with the department of ((community, trade,
and economic development)) commerce, may select up to five laws to
include within this report if the legislature does not approve a
recommended list.
(2) The preparation of the reports required in subsection (1) of
this section is subject to available funding.
Sec. 121 RCW 43.132.810 and 2000 c 182 s 6 are each amended to
read as follows:
The office of financial management, in consultation with the
department of ((community, trade, and economic development)) commerce,
shall prepare a report for the legislature on or before December 31st
of every even-numbered year on local government fiscal notes, and
reports on the fiscal impacts on local governments arising from
selected laws, that were prepared over the preceding two-year period.
Sec. 122 RCW 43.133.030 and 1995 c 399 s 81 are each amended to
read as follows:
The office of financial management and the department of
((community, trade, and economic development)) commerce shall, in
cooperation with appropriate legislative committees and legislative
staff, establish a procedure for the provision of sunrise notes on the
expected impact of bills and resolutions that authorize the creation of
new boards and new types of special purpose districts.
Sec. 123 RCW 43.133.050 and 1995 c 399 s 82 are each amended to
read as follows:
(1) The office of financial management shall prepare sunrise notes
for legislation concerning the creation of new boards. The department
of ((community, trade, and economic development)) commerce shall
prepare sunrise notes for legislation creating new types of special
purpose districts.
(2) A sunrise note shall be prepared for all executive and agency
request legislation that creates a board or special purpose district.
(3) The office of financial management or the department of
((community, trade, and economic development)) commerce shall also
provide a sunrise note at the request of any committee of the
legislature.
Sec. 124 RCW 43.150.040 and 1995 c 399 s 84 are each amended to
read as follows:
The governor may establish a statewide center for volunteerism and
citizen service within the department of ((community, trade, and
economic development)) commerce and appoint an executive administrator,
who may employ such staff as necessary to carry out the purposes of
this chapter. The provisions of chapter 41.06 RCW do not apply to the
executive administrator and the staff.
Sec. 125 RCW 43.157.010 and 2009 c 421 s 2 are each amended to
read as follows:
((For purposes of)) The definitions in this section apply
throughout this chapter and RCW 28A.525.166, 28B.76.210,
((28C.18.080,)) 43.21A.350, and 90.58.100, unless the context requires
otherwise:
(1)(a) A "project of statewide significance" is:
(i) A border crossing project that involves both private and public
investments carried out in conjunction with adjacent states or
provinces;
(ii) A development project that will provide a net environmental
benefit;
(iii) A development project in furtherance of the commercialization
of innovations; or
(iv) A private industrial development with private capital
investment in manufacturing or research and development.
(b) To qualify for designation under RCW 43.157.030 as a project of
statewide significance:
(i) The project must be completed after January 1, 2009;
(ii) The applicant must submit an application ((to the department))
for designation as a project of statewide significance to the
department ((of community, trade, and economic development)); and
(iii) The project must have:
(A) In counties with a population less than or equal to twenty
thousand, a capital investment of five million dollars;
(B) In counties with a population greater than twenty thousand but
no more than fifty thousand, a capital investment of ten million
dollars;
(C) In counties with a population greater than fifty thousand but
no more than one hundred thousand, a capital investment of fifteen
million dollars;
(D) In counties with a population greater than one hundred thousand
but no more than two hundred thousand, a capital investment of twenty
million dollars;
(E) In counties with a population greater than two hundred thousand
but no more than four hundred thousand, a capital investment of thirty
million dollars;
(F) In counties with a population greater than four hundred
thousand but no more than one million, a capital investment of forty
million dollars;
(G) In counties with a population greater than one million, a
capital investment of fifty million dollars;
(H) In rural counties as defined by RCW 82.14.370, projected full-
time employment positions after completion of construction of fifty or
greater;
(I) In counties other than rural counties as defined by RCW
82.14.370, projected full-time employment positions after completion of
construction of one hundred or greater; or
(J) Been qualified by the director of the department as a project
of statewide significance either because:
(I) The economic circumstances of the county merit the additional
assistance such designation will bring;
(II) The impact on a region due to the size and complexity of the
project merits such designation;
(III) The project resulted from or is in furtherance of innovation
activities at a public research institution in the state or is in or
resulted from innovation activities within an innovation partnership
zone; or
(IV) The project will provide a net environmental benefit as
evidenced by plans for design and construction under green building
standards or for the creation of renewable energy technology or
components or under other environmental criteria established by the
director in consultation with the director of the department of
ecology.
A project may be qualified under this subsection (1)(b)(iii)(J)
only after consultation on the availability of staff resources of the
office of regulatory assistance.
(2) "Department" means the department of ((community, trade, and
economic development)) commerce.
(3) "Manufacturing" shall have the meaning assigned it in RCW
82.62.010.
(4) "Research and development" shall have the meaning assigned it
in RCW 82.62.010.
(5) "Applicant" means a person applying to the department for
designation of a development project as a project of statewide
significance.
Sec. 126 RCW 43.157.030 and 2009 c 421 s 4 are each amended to
read as follows:
(1) The department of ((community, trade, and economic
development)) commerce shall:
(a) Develop an application for designation of development projects
as projects of statewide significance. The application must be
accompanied by a letter of approval from the legislative authority of
any jurisdiction that will have the proposed project of statewide
significance within its boundaries. No designation of a project as a
project of statewide significance shall be made without such letter of
approval. The letter of approval must state that the jurisdiction
joins in the request for the designation of the project as one of
statewide significance and has or will hire the professional staff that
will be required to expedite the processes necessary to the completion
of a project of statewide significance. The development project
proponents may provide the funding necessary for the jurisdiction to
hire the professional staff that will be required to so expedite. The
application shall contain information regarding the location of the
project, the applicant's average employment in the state for the prior
year, estimated new employment related to the project, estimated wages
of employees related to the project, estimated time schedules for
completion and operation, and other information required by the
department; and
(b) Designate a development project as a project of statewide
significance if the department determines:
(i) After review of the application under criteria adopted by rule,
the development project will provide significant economic benefit to
the local or state economy, or both, the project is aligned with the
state's comprehensive plan for economic development under RCW
43.162.020, and, by its designation, the project will not prevent equal
consideration of all categories of proposals under RCW 43.157.010; and
(ii) The development project meets or will meet the requirements of
RCW 43.157.010 regarding designation as a project of statewide
significance.
(2) The office of regulatory assistance shall assign a project
facilitator or coordinator to each project of statewide significance
to:
(a) Assist in the scoping and coordinating functions provided for
in chapter 43.42 RCW;
(b) Assemble a team of state and local government and private
officials to help meet the planning, permitting, and development needs
of each project, which team shall include those responsible for
planning, permitting and licensing, infrastructure development,
workforce development services including higher education,
transportation services, and the provision of utilities; and
(c) Work with each team member to expedite their actions in
furtherance of the project.
Sec. 127 RCW 43.160.030 and 2008 c 327 s 3 are each amended to
read as follows:
(1) The community economic revitalization board is hereby created
to exercise the powers granted under this chapter.
(2) The board shall consist of one member from each of the two
major caucuses of the house of representatives to be appointed by the
speaker of the house and one member from each of the two major caucuses
of the senate to be appointed by the president of the senate. The
board shall also consist of the following members appointed by the
governor: A recognized private or public sector economist; one port
district official; one county official; one city official; one
representative of a federally recognized Indian tribe; one
representative of the public; one representative of small businesses
each from: (a) The area west of Puget Sound, (b) the area east of
Puget Sound and west of the Cascade range, (c) the area east of the
Cascade range and west of the Columbia river, and (d) the area east of
the Columbia river; one executive from large businesses each from the
area west of the Cascades and the area east of the Cascades. The
appointive members shall initially be appointed to terms as follows:
Three members for one-year terms, three members for two-year terms, and
three members for three-year terms which shall include the chair.
Thereafter each succeeding term shall be for three years. The chair of
the board shall be selected by the governor. The members of the board
shall elect one of their members to serve as vice-chair. The director
of ((community, trade, and economic development)) commerce, the
director of revenue, the commissioner of employment security, and the
secretary of transportation shall serve as nonvoting advisory members
of the board.
(3) Management services, including fiscal and contract services,
shall be provided by the department to assist the board in implementing
this chapter.
(4) Members of the board shall be reimbursed for travel expenses as
provided in RCW 43.03.050 and 43.03.060.
(5) If a vacancy occurs by death, resignation, or otherwise of
appointive members of the board, the governor shall fill the same for
the unexpired term. Members of the board may be removed for
malfeasance or misfeasance in office, upon specific written charges by
the governor, under chapter 34.05 RCW.
(6) A member appointed by the governor may not be absent from more
than fifty percent of the regularly scheduled meetings in any one
calendar year. Any member who exceeds this absence limitation is
deemed to have withdrawn from the office and may be replaced by the
governor.
(7) A majority of members currently appointed constitutes a quorum.
Sec. 128 RCW 43.162.010 and 2007 c 232 s 2 are each amended to
read as follows:
(1) The Washington state economic development commission is
established to oversee the economic development strategies and policies
of the department of ((community, trade, and economic development))
commerce.
(2)(a) The Washington state economic development commission shall
consist of eleven voting members appointed by the governor as follows:
Six representatives of the private sector, one representative of labor,
one representative of port districts, one representative of four-year
state public higher education, one representative for state community
or technical colleges, and one representative of associate development
organizations. The director of ((the department of community, trade,
and economic development)) commerce, the director of the workforce
training and education coordinating board, the commissioner of the
employment security department, and the chairs and ranking minority
members of the standing committees of the house of representatives and
the senate overseeing economic development policies shall serve as
nonvoting ex officio members.
The chair of the commission shall be a voting member selected by
the governor with the consent of the senate, and shall serve at the
pleasure of the governor. In selecting the chair, the governor shall
seek a person who understands the future economic needs of the state
and nation and the role the state's economic development system has in
meeting those needs.
(b) In making the appointments, the governor shall consult with
organizations that have an interest in economic development, including,
but not limited to, industry associations, labor organizations,
minority business associations, economic development councils, chambers
of commerce, port associations, tribes, and the chairs of the
legislative committees with jurisdiction over economic development.
(c) The members shall be representative of the geographic regions
of the state, including eastern and central Washington, as well as
represent the ethnic diversity of the state. Private sector members
shall represent existing and emerging industries, small businesses,
women-owned businesses, and minority-owned businesses. Members of the
commission shall serve statewide interests while preserving their
diverse perspectives, and shall be recognized leaders in their fields
with demonstrated experience in economic development or disciplines
related to economic development.
(3) Members appointed by the governor shall serve at the pleasure
of the governor for three-year terms.
(4) The commission may establish committees as it desires, and may
invite nonmembers of the commission to serve as committee members.
(5) The executive director of the commission shall be appointed by
the governor with the consent of the voting members of the commission.
The governor may dismiss the director only with the approval of a
majority vote of the commission. The commission, by a majority vote,
may dismiss the executive director with the approval of the governor.
(6) The commission may adopt rules for its own governance.
Sec. 129 RCW 43.162.025 and 2007 c 232 s 5 are each amended to
read as follows:
Subject to available funds, the Washington state economic
development commission may:
(1) Periodically review for consistency with the state
comprehensive plan for economic development the policies and plans
established for:
(a) Business and technical assistance by the small business
development center, the Washington manufacturing service, the
Washington technology center, associate development organizations, the
department of ((community, trade, and economic development)) commerce,
and the office of minority and women-owned business enterprises;
(b) Export assistance by the small business export finance
assistance center, the international marketing program for agricultural
commodities and trade, the department of agriculture, the center for
international trade in forest products, associate development
organizations, and the department of ((community, trade, and economic
development)) commerce; and
(c) Infrastructure development by the department of ((community,
trade, and economic development)) commerce and the department of
transportation;
(2) Review and make recommendations to the office of financial
management and the legislature on budget requests and legislative
proposals relating to the state economic development system for
purposes of consistency with the state comprehensive plan for economic
development;
(3) Provide for coordination among the different agencies,
organizations, and components of the state economic development system
at the state level and at the regional level;
(4) Advocate for the state economic development system and for
meeting the needs of industry associations, industry clusters,
businesses, and employees;
(5) Identify partners and develop a plan to develop a consistent
and reliable database on participation rates, costs, program
activities, and outcomes from publicly funded economic development
programs in this state by January 1, 2011.
(a) In coordination with the development of the database, the
commission shall establish standards for data collection and
maintenance for providers in the economic development system in a
format that is accessible to use by the commission. The commission
shall require a minimum of common core data to be collected by each
entity providing economic development services with public funds and
shall develop requirements for minimum common core data in consultation
with the economic climate council, the office of financial management,
and the providers of economic development services;
(b) The commission shall establish minimum common standards and
metrics for program evaluation of economic development programs, and
monitor such program evaluations; and
(c) The commission shall, beginning no later than January 1, 2012,
periodically administer, based on a schedule established by the
commission, scientifically based outcome evaluations of the state
economic development system including, but not limited to, surveys of
industry associations, industry cluster associations, and businesses
served by publicly funded economic development programs; matches with
employment security department payroll and wage files; and matches with
department of revenue tax files; and
(6) Evaluate proposals for expenditure from the economic
development strategic reserve account and recommend expenditures from
the account.
The commission may delegate to the director any of the functions of
this section.
Sec. 130 RCW 43.162.030 and 2007 c 232 s 7 are each amended to
read as follows:
Creation of the Washington state economic development commission
shall not be construed to modify any authority or budgetary
responsibility of the governor or the department of ((community, trade,
and economic development)) commerce.
Sec. 131 RCW 43.163.020 and 1995 c 399 s 89 are each amended to
read as follows:
The Washington economic development finance authority is
established as a public body corporate and politic, with perpetual
corporate succession, constituting an instrumentality of the state of
Washington exercising essential governmental functions. The authority
is a public body within the meaning of RCW 39.53.010.
The authority shall consist of ((eighteen [seventeen])) seventeen
members as follows: The director of ((the department of community,
trade, and economic development)) commerce, the director of the
department of agriculture, the state treasurer, one member from each
caucus in the house of representatives appointed by the speaker of the
house, one member from each caucus in the senate appointed by the
president of the senate, and ten public members with one representative
of women-owned businesses and one representative of minority-owned
businesses and with at least three of the members residing east of the
Cascades. The public members shall be residents of the state appointed
by the governor on the basis of their interest or expertise in trade,
agriculture or business finance or jobs creation and development. One
of the public members shall be appointed by the governor as chair of
the authority and shall serve as chair of the authority at the pleasure
of the governor. The authority may select from its membership such
other officers as it deems appropriate.
The term of the persons appointed by the governor as public members
of the authority, including the public member appointed as chair, shall
be four years from the date of appointment, except that the term of
three of the initial appointees shall be for two years from the date of
appointment and the term of four of the initial appointees shall be for
three years from the date of appointment. The governor shall designate
the appointees who will serve the two-year and three-year terms.
In the event of a vacancy on the authority due to death,
resignation or removal of one of the public members, or upon the
expiration of the term of one of the public members, the governor shall
appoint a successor for the remainder of the unexpired term. If either
of the state offices is abolished, the resulting vacancy on the
authority shall be filled by the state officer who shall succeed
substantially to the power and duties of the abolished office.
Any public member of the authority may be removed by the governor
for misfeasance, malfeasance or willful neglect of duty after notice
and a public hearing, unless such notice and hearing shall be expressly
waived in writing by the affected public member.
The state officials serving in ex officio capacity may each
designate an employee of their respective departments to act on their
behalf in all respects with regard to any matter to come before the
authority. Such designations shall be made in writing in such manner
as is specified by the rules of the authority.
The members of the authority shall serve without compensation but
shall be entitled to reimbursement, solely from the funds of the
authority, for expenses incurred in the discharge of their duties under
this chapter. The authority may borrow funds from the department for
the purpose of reimbursing members for expenses; however, the authority
shall repay the department as soon as practicable.
A majority of the authority shall constitute a quorum.
Sec. 132 RCW 43.163.060 and 1995 c 399 s 90 are each amended to
read as follows:
(1) The authority is authorized to participate fully in federal and
other governmental economic development finance programs and to take
such actions as are necessary and consistent with this chapter to
secure to itself and the people of the state the benefits of those
programs and to meet their requirements.
(2) The authority shall coordinate its programs with those
contributing to a common purpose found elsewhere in the departments of
((community, trade, and economic development)) commerce, agriculture or
employment security, or any other department or organization of, or
affiliated with, the state or federal government, and shall avoid any
duplication of such activities or programs provided elsewhere. The
departments of ((community, trade, and economic development)) commerce,
agriculture, employment security and other relevant state agencies
shall provide to the authority all reports prepared in the course of
their ongoing activities which may assist in the identification of
unmet capital financing needs by small-sized and medium-sized
businesses in the state.
Sec. 133 RCW 43.163.120 and 1998 c 245 s 51 are each amended to
read as follows:
The authority shall receive no appropriation of state funds. The
department of ((community, trade, and economic development)) commerce
shall provide staff to the authority, to the extent permitted by law,
to enable the authority to accomplish its purposes; the staff from the
department ((of community, trade, and economic development)) may assist
the authority in organizing itself and in designing programs, but shall
not be involved in the issuance of bonds or in making credit decisions
regarding financing provided to borrowers by the authority.
Sec. 134 RCW 43.168.010 and 1999 c 164 s 501 are each amended to
read as follows:
The legislature finds that:
(1) The economic health and well-being of the state, particularly
in areas of high unemployment, economic stagnation, and poverty, is of
substantial public concern.
(2) The consequences of minimal economic activity and persistent
unemployment and underemployment are serious threats to the safety,
health, and welfare of residents of these areas, decreasing the value
of private investments and jeopardizing the sources of public revenue.
(3) The economic and social interdependence of communities and the
vitality of industrial and economic activity necessitates, and is in
part dependent on preventing substantial dislocation of residents and
rebuilding the diversification of the areas' economy.
(4) The ability to remedy problems in stagnant areas of the state
is beyond the power and control of the regulatory process and influence
of the state, and the ordinary operations of private enterprise without
additional governmental assistance are insufficient to adequately
remedy the problems of poverty and unemployment.
(5) The revitalization of depressed communities requires the
stimulation of private investment, the development of new business
ventures, the provision of capital to ventures sponsored by local
organizations and capable of growth in the business markets, and
assistance to viable, but under-financed, small businesses in order to
create and preserve jobs that are sustainable in the local economy.
Therefore, the legislature declares there to be a substantial
public purpose in providing capital to promote economic development and
job creation in areas of economic stagnation, unemployment, and
poverty. To accomplish this purpose, the legislature hereby creates
the rural Washington loan fund and vests in the department of
((community, trade, and economic development)) commerce the authority
to spend federal funds to stimulate the economy of distressed areas.
Sec. 135 RCW 43.176.030 and 2004 c 237 s 3 are each amended to
read as follows:
(1) The small business incubator program is created in the
department of ((community, trade, and economic development)) commerce
to provide start-up and operating assistance to qualified small
business incubators.
(2) The department shall award grants to qualified small business
incubator organizations for:
(a) Construction and equipment costs, up to a maximum of three
million dollars per recipient; and
(b) Provision of technical assistance to small businesses, up to a
maximum of one hundred twenty-five thousand dollars per year per
recipient.
(3) The department shall:
(a) Require a grant recipient to show that it has the resources to
complete the project in a timely manner and the state grant is not the
sole source of funds;
(b) Develop, in conjunction with the Washington association of
small business incubators, criteria for receipt of grant funds,
including criteria related to organizational capacity, community need,
and the availability of other economic development resources;
(c) Accept and receive grants, gifts, and pledges of funds for the
support of the small business incubator program, which shall be
deposited in the small business incubator account established in RCW
43.176.040; and
(d) Integrate the promotion of small business incubators as
economic development tools in its strategic plan.
Sec. 136 RCW 43.176.040 and 2004 c 237 s 4 are each amended to
read as follows:
The small business incubator account is created in the custody of
the state treasurer. All money received for the incubator program
under RCW 43.176.030 must be deposited in the account. Expenditures
from the account may be used only for the small business incubator
program. Only the director of ((the department of community, trade,
and economic development)) commerce or the director's designee may
authorize expenditures from the account. The account is subject to the
allotment procedures under chapter 43.88 RCW, but an appropriation is
not required for expenditures.
Sec. 137 RCW 43.176.901 and 2004 c 237 s 6 are each amended to
read as follows:
The department of ((community, trade, and economic development))
commerce shall have no duty to provide services related to the small
business incubator and entrepreneurship assistance act of 2004 unless
and until the small business incubator program and related
administrative expenses are funded by the legislature.
Sec. 138 RCW 43.180.040 and 1995 c 399 s 98 are each amended to
read as follows:
(1) There is hereby established a public body corporate and
politic, with perpetual corporate succession, to be known as the
Washington state housing finance commission. The commission is an
instrumentality of the state exercising essential government functions
and, for purposes of the code, acts as a constituted authority on
behalf of the state when it issues bonds pursuant to this chapter. The
commission is a "public body" within the meaning of RCW 39.53.010.
(2) The commission shall consist of the following voting members:
(a) The state treasurer, ex officio;
(b) The director of ((community, trade, and economic development))
commerce, ex officio;
(c) An elected local government official, ex officio, with
experience in local housing programs, who shall be appointed by the
governor with the consent of the senate;
(d) A representative of housing consumer interests, appointed by
the governor with the consent of the senate;
(e) A representative of labor interests, appointed by the governor,
with the consent of the senate, after consultation with representatives
of organized labor;
(f) A representative of low-income persons, appointed by the
governor with the consent of the senate;
(g) Five members of the public appointed by the governor, with the
consent of the senate, on the basis of geographic distribution and
their expertise in housing, real estate, finance, energy efficiency, or
construction, one of whom shall be appointed by the governor as chair
of the commission and who shall serve on the commission and as chair of
the commission at the pleasure of the governor.
The term of the persons appointed by the governor, other than the
chair, shall be four years from the date of their appointment, except
that the terms of three of the initial appointees shall be for two
years from the date of their appointment. The governor shall designate
the appointees who will serve the two-year terms. An appointee may be
removed by the governor for cause pursuant to RCW 43.06.070 and
43.06.080. The governor shall fill any vacancy in an appointed
position by appointment for the remainder of the unexpired term. If
the department of ((community development)) commerce is abolished, the
resulting vacancy shall be filled by a state official who shall be
appointed to the commission by the governor. If this official occupies
an office or position for which senate confirmation is not required,
then his or her appointment to the commission shall be subject to the
consent of the senate. The members of the commission shall be
compensated in accordance with RCW 43.03.240 and may be reimbursed,
solely from the funds of the commission, for expenses incurred in the
discharge of their duties under this chapter, subject to the provisions
of RCW 43.03.050 and 43.03.060. A majority of the commission
constitutes a quorum. Designees shall be appointed in such manner and
shall exercise such powers as are specified by the rules of the
commission.
(3) The commission may adopt an official seal and may select from
its membership a vice chair, a secretary, and a treasurer. The
commission shall establish rules concerning its exercise of the powers
authorized by this chapter. The rules shall be adopted in conformance
with chapter 34.05 RCW.
Sec. 139 RCW 43.180.200 and 1995 c 399 s 99 are each amended to
read as follows:
For purposes of the code:
(1) The legislature reserves the right at any time to alter or
change the structure, organization, programs, or activities of the
commission and to terminate the commission, so long as the action does
not impair any outstanding contracts entered into by the commission;
(2) Any net earnings of the commission beyond that necessary to
retire its bonds and to carry out the purposes of this chapter shall
not inure to the benefit of any person other than the state;
(3) Upon dissolution of the commission, title to all of its
remaining property shall vest in the state;
(4) The commission constitutes the only housing finance agency of
the state of Washington; and
(5) In order to take advantage of the maximum amount of tax exempt
bonds for housing financing available pursuant to the code, any state
ceiling with respect to housing shall be allocated in accordance with
the following formula:
(a) Eighty percent of the state ceiling shall be allocated to the
commission and twenty percent shall be allocated to the other issuing
authorities in the state.
(b) The allocation to the issuing authorities other than the
commission shall be distributed to such issuing authorities in amounts
as determined following public notice by the department of ((community,
trade, and economic development)) commerce pursuant to rules
promulgated by it. The distribution shall be in response to
applications received from such issuing authorities and shall be based
on the following factors: (i) The amount of housing to be made
available by such applicant; (ii) the population within the
jurisdiction of the applicant; (iii) coordination with other applicable
federal and state housing programs; (iv) the likelihood of implementing
the proposed financing during that year; and (v) consistency with the
plan of the commission. On or before February 1 of each year, the
department ((of community, trade, and economic development)) shall
distribute the state ceiling allocation among such issuing authorities
and any unused portion shall be added to the allocation of the
commission. Each issuing authority other than the commission shall
confirm its allocation distribution by providing to the department ((of
community, trade, and economic development)) no later than June 1 a
copy of an executed bond purchase contract or alternative documentation
deemed sufficient by the commission to evidence the reasonable
likelihood of the allocation distribution being fully used. Any
portion of such allocation not so confirmed shall be added to the
allocation of the commission on July 1. Prior to July 1, the
commission shall provide written notice of the allocation decrease to
the affected issuing authority. The reallocation shall not limit the
authority of the commission to assign a portion of its allocation
pursuant to subsection (5)(c) of this section.
(c) The commission may assign a portion of its allocation to
another issuing agency.
Sec. 140 RCW 43.180.220 and 1994 c 235 s 1 are each amended to
read as follows:
The commission, in cooperation with the department of ((community,
trade, and economic development)) commerce, and the state investment
board, shall develop and implement a housing finance program that:
(1) Provides subsidized or unsubsidized mortgage financing for
single-family home ownership, including a single condominium unit,
located in the state of Washington;
(2) Requests the state investment board to make investments, within
its policies and investment guidelines, in mortgage-backed securities
that are collateralized by loans made within the state of Washington;
and
(3) Provides flexible loan underwriting guidelines, including but
not limited to provisions that will allow reduced downpayment
requirements for the purchaser.
Sec. 141 RCW 43.185A.100 and 2006 c 349 s 11 are each amended to
read as follows:
The department, the housing finance commission, the affordable
housing advisory board, and all local governments, housing authorities,
and other nonprofits receiving state housing funds or financing through
the housing finance commission shall, by December 31, 2006, and
annually thereafter, review current housing reporting requirements
related to housing programs and services and give recommendations to
streamline and simplify all planning and reporting requirements to the
department of ((community, trade, and economic development)) commerce,
which will compile and present the recommendations annually to the
legislature. The entities listed in this section shall also give
recommendations for additional legislative actions that could promote
affordable housing and end homelessness.
Sec. 142 RCW 43.185C.160 and 2005 c 485 s 1 are each amended to
read as follows:
(1) Each county shall create a homeless housing task force to
develop a ten-year homeless housing plan addressing short-term and
long-term housing for homeless persons.
Membership on the task force may include representatives of the
counties, cities, towns, housing authorities, civic and faith
organizations, schools, community networks, human services providers,
law enforcement personnel, criminal justice personnel, including
prosecutors, probation officers, and jail administrators, substance
abuse treatment providers, mental health care providers, emergency
health care providers, businesses, at-large representatives of the
community, and a homeless or formerly homeless individual.
In lieu of creating a new task force, a local government may
designate an existing governmental or nonprofit body which
substantially conforms to this section and which includes at least one
homeless or formerly homeless individual to serve as its homeless
representative. As an alternative to a separate plan, two or more
local governments may work in concert to develop and execute a joint
homeless housing plan, or to contract with another entity to do so
according to the requirements of this chapter. While a local
government has the authority to subcontract with other entities, the
local government continues to maintain the ultimate responsibility for
the homeless housing program within its borders.
A county may decline to participate in the program authorized in
this chapter by forwarding to the department a resolution adopted by
the county legislative authority stating the intention not to
participate. A copy of the resolution shall also be transmitted to the
county auditor and treasurer. If a county declines to participate, the
department shall create and execute a local homeless housing plan for
the county meeting the requirements of this chapter.
(2) In addition to developing a ten-year homeless housing plan,
each task force shall establish guidelines consistent with the
statewide homeless housing strategic plan, as needed, for the
following:
(a) Emergency shelters;
(b) Short-term housing needs;
(c) Temporary encampments;
(d) Supportive housing for chronically homeless persons; and
(e) Long-term housing.
Guidelines must include, when appropriate, standards for health and
safety and notifying the public of proposed facilities to house the
homeless.
(3) Each county, including counties exempted from creating a new
task force under subsection (1) of this section, shall report to the
department of ((community, trade, and economic development)) commerce
such information as may be needed to ensure compliance with this
chapter.
Sec. 143 RCW 43.185C.200 and 2007 c 483 s 604 are each amended to
read as follows:
(1) The department of community, trade, and economic development
shall establish a pilot program to provide grants to eligible
organizations, as described in RCW 43.185.060, to provide transitional
housing assistance to offenders who are reentering the community and
are in need of housing.
(2) There shall be a minimum of two pilot programs established in
two counties. The pilot programs shall be selected through a request
for proposal process and in consultation with the department of
corrections. The department shall select the pilot sites by January 1,
2008.
(3) The pilot program shall:
(a) Be operated in collaboration with the community justice center
existing in the location of the pilot site;
(b) Offer transitional supportive housing that includes individual
support and mentoring available on an ongoing basis, life skills
training, and close working relationships with community justice
centers and community corrections officers. Supportive housing
services can be provided directly by the housing operator, or in
partnership with community-based organizations;
(c) In providing assistance, give priority to offenders who are
designated as high risk or high needs as well as those determined not
to have a viable release plan by the department of corrections;
(d) Optimize available funding by utilizing cost-effective
community-based shared housing arrangements or other noninstitutional
living arrangements; and
(e) Provide housing assistance for a period of time not to exceed
twelve months for a participating offender.
(4) The department may also use up to twenty percent of the funding
appropriated in the operating budget for this section to support the
development of additional supportive housing resources for offenders
who are reentering the community.
(5) The department shall:
(a) Collaborate with the department of corrections in developing
criteria to determine who will qualify for housing assistance; and
(b) Gather data, and report to the legislature by November 1, 2008,
on the number of offenders seeking housing, the number of offenders
eligible for housing, the number of offenders who receive the housing,
and the number of offenders who commit new crimes while residing in the
housing to the extent information is available.
(6) The department of corrections shall collaborate with
organizations receiving grant funds to:
(a) Help identify appropriate housing solutions in the community
for offenders;
(b) Where possible, facilitate an offender's application for
housing prior to discharge;
(c) Identify enhancements to training provided to offenders prior
to discharge that may assist an offender in effectively transitioning
to the community;
(d) Maintain communication between the organization receiving grant
funds, the housing provider, and corrections staff supervising the
offender; and
(e) Assist the offender in accessing resources and services
available through the department of corrections and a community justice
center.
(7) The state, department of ((community, trade, and economic
development)) commerce, department of corrections, local governments,
local housing authorities, eligible organizations as described in RCW
43.185.060, and their employees are not liable for civil damages
arising from the criminal conduct of an offender solely due to the
placement of an offender in housing provided under this section or the
provision of housing assistance.
(8) Nothing in this section allows placement of an offender into
housing without an analysis of the risk the offender may pose to that
particular community or other residents.
Sec. 144 RCW 43.190.030 and 1997 c 194 s 1 are each amended to
read as follows:
There is created the office of the state long-term care ombudsman.
The department of ((community, trade, and economic development))
commerce shall contract with a private nonprofit organization to
provide long-term care ombudsman services as specified under, and
consistent with, the federal older Americans act as amended, federal
mandates, the goals of the state, and the needs of its citizens. The
department ((of community, trade, and economic development)) shall
ensure that all program and staff support necessary to enable the
ombudsman to effectively protect the interests of residents, patients,
and clients of all long-term care facilities is provided by the
nonprofit organization that contracts to provide long-term care
ombudsman services. The department ((of community, trade, and economic
development)) shall adopt rules to carry out this chapter and the long-term care ombudsman provisions of the federal older Americans act, as
amended, and applicable federal regulations. The long-term care
ombudsman program shall have the following powers and duties:
(1) To provide services for coordinating the activities of long-term care ombudsmen throughout the state;
(2) Carry out such other activities as the department of
((community, trade, and economic development)) commerce deems
appropriate;
(3) Establish procedures consistent with RCW 43.190.110 for
appropriate access by long-term care ombudsmen to long-term care
facilities and patients' records, including procedures to protect the
confidentiality of the records and ensure that the identity of any
complainant or resident will not be disclosed without the written
consent of the complainant or resident, or upon court order;
(4) Establish a statewide uniform reporting system to collect and
analyze data relating to complaints and conditions in long-term care
facilities for the purpose of identifying and resolving significant
problems, with provision for submission of such data to the department
of social and health services and to the federal department of health
and human services, or its successor agency, on a regular basis; and
(5) Establish procedures to assure that any files maintained by
ombudsman programs shall be disclosed only at the discretion of the
ombudsman having authority over the disposition of such files, except
that the identity of any complainant or resident of a long-term care
facility shall not be disclosed by such ombudsman unless:
(a) Such complainant or resident, or the complainant's or
resident's legal representative, consents in writing to such
disclosure; or
(b) Such disclosure is required by court order.
Sec. 145 RCW 43.210.030 and 1998 c 109 s 2 are each amended to
read as follows:
The small business export finance assistance center and its
branches shall be governed and managed by a board of seven directors
appointed by the governor, with the advice of the board, and confirmed
by the senate. The directors shall serve terms of four years following
the terms of service established by the initial appointments after June
11, 1998. Three appointees, including directors on June 11, 1998, who
are reappointed, must serve initial terms of two years and, if a
director is reappointed that director may serve a consecutive four-year
term. Four appointees, including directors on June 11, 1998, who are
reappointed, must serve initial terms of four years and, if a director
is reappointed that director may serve a consecutive four-year term.
After the initial appointments, directors may serve two consecutive
terms. The directors may provide for the payment of their expenses.
The directors shall include the director of ((community, trade, and
economic development)) commerce or the director's designee;
representatives of a large financial institution engaged in financing
export transactions in the state of Washington; a small financial
institution engaged in financing export transactions in the state of
Washington; a large exporting company domiciled in the state of
Washington; a small exporting company in the state of Washington;
organized labor in a trade involved in international commerce; and a
representative at large. To the extent possible, appointments to the
board shall reflect geographical balance and the diversity of the state
population. Any vacancies on the board due to the expiration of a term
or for any other reason shall be filled by appointment by the governor
for the unexpired term.
Sec. 146 RCW 43.210.050 and 1998 c 245 s 84 are each amended to
read as follows:
The small business export finance assistance center formed under
RCW 43.210.020 and 43.210.030 shall enter into a contract under this
chapter with the department of ((community, trade, and economic
development)) commerce or its statutory successor. The contract shall
require the center to provide export assistance services, consistent
with RCW 43.210.070 and 43.210.100 through 43.210.120, shall have a
duration of two years, and shall require the center to aggressively
seek to fund its continued operation from nonstate funds. The contract
shall also require the center to report annually to the department on
its success in obtaining nonstate funding. Upon expiration of the
contract, any provisions within the contract applicable to the Pacific
Northwest export assistance project shall be automatically renewed
without change provided the legislature appropriates funds for
administration of the small business export assistance center and the
Pacific Northwest export assistance project. The provisions of the
contract related to the Pacific Northwest export assistance project may
be changed at any time if the director of ((the department of
community, trade, and economic development)) commerce or the president
of the small business export finance assistance center present
compelling reasons supporting the need for a contract change to the
board of directors and a majority of the board of directors agrees to
the changes. The department of agriculture shall be included in the
contracting negotiations with the department of community, trade, and
economic development and the small business export finance assistance
center when the Pacific Northwest export assistance project provides
export services to industrial sectors within the administrative domain
of the Washington state department of agriculture.
Sec. 147 RCW 43.210.060 and 1995 c 399 s 108 are each amended to
read as follows:
The department of ((community, trade, and economic development))
commerce or its statutory successor shall adopt rules under chapter
34.05 RCW as necessary to carry out the purposes of this chapter.
Sec. 148 RCW 43.215.550 and 2006 c 265 s 203 are each amended to
read as follows:
An employer liaison position is established in the department of
early learning to be colocated with the department of ((community,
trade, and economic development)) commerce. The employer liaison
shall, within appropriated funds:
(1) Staff and assist the child care partnership in the
implementation of its duties;
(2) Provide technical assistance to employers regarding child care
services, working with and through local resource and referral
organizations whenever possible. Such technical assistance shall
include at a minimum:
(a) Assessing the child care needs of employees and prospective
employees;
(b) Reviewing options available to employers interested in
increasing access to child care for their employees;
(c) Developing techniques to permit small businesses to increase
access to child care for their employees;
(d) Reviewing methods of evaluating the impact of child care
activities on employers; and
(e) Preparing, collecting, and distributing current information for
employers on options for increasing involvement in child care; and
(3) Provide assistance to local child care resource and referral
organizations to increase their capacity to provide quality technical
assistance to employers in their community.
Sec. 149 RCW 43.220.070 and 1999 c 280 s 5 are each amended to
read as follows:
(1) Conservation corps members shall be unemployed residents of the
state between eighteen and twenty-five years of age at the time of
enrollment who are citizens or lawful permanent residents of the United
States. The age requirements may be waived for corps leaders and
specialists with special leadership or occupational skills; such
members shall be given special responsibility for providing leadership,
character development, and sense of community responsibility to the
corps members, groups, and work crews to which they are assigned. The
upper age requirement may be waived for residents who have a sensory or
mental handicap. Special effort shall be made to recruit minority and
disadvantaged youth who meet selection criteria of the conservation
corps. Preference shall be given to youths residing in areas, both
urban and rural, in which there exists substantial unemployment
exceeding the state average unemployment rate.
(2) The legislature finds that people with developmental
disabilities would benefit from experiencing a meaningful work
experience, and learning the value of labor and of membership in a
productive society.
The legislature urges state agencies that are participating in the
Washington conservation corps program to consider for enrollment in the
program people who have developmental disabilities, as defined in RCW
71A.10.020.
If an agency chooses to enroll people with developmental
disabilities in its Washington conservation corps program, the agency
may apply to the United States department of labor, employment
standards administration for a special subminimum wage certificate in
order to be allowed to pay enrollees with developmental disabilities
according to their individual levels of productivity.
(3) Corps members shall not be considered state employees. Other
provisions of law relating to civil service, hours of work, rate of
compensation, sick leave, unemployment compensation, state retirement
plans, and vacation leave do not apply to the Washington conservation
corps except for the crew supervisors, who shall be project employees,
and the administrative and supervisory personnel.
(4) Enrollment shall be for a period of six months which may be
extended for additional six-month periods by mutual agreement of the
corps and the corps member, not to exceed two years. Corps members
shall be reimbursed at the minimum wage rate established by state or
federal law, whichever is higher, which may be increased by up to five
percent for each additional six-month period worked: PROVIDED, That if
agencies elect to run a residential program, the appropriate costs for
room and board shall be deducted from the corps member's paycheck as
provided in chapter 43.220 RCW.
(5) Corps members are to be available at all times for emergency
response services coordinated through the department of ((community,
trade, and economic development)) commerce or other public agency.
Duties may include sandbagging and flood cleanup, search and rescue,
and other functions in response to emergencies.
Sec. 150 RCW 43.270.020 and 2001 c 48 s 2 are each amended to
read as follows:
(1) There is established in the department of ((community, trade,
and economic development)) commerce a grant program to provide
incentive for and support for communities to develop targeted and
coordinated strategies to reduce the incidence and impact of alcohol,
tobacco, or other drug abuse, or violence.
(2) The department of ((community, trade, and economic
development)) commerce shall make awards, subject to funds appropriated
by the legislature, under the following terms:
(a) Starting July 1, 2001, funds will be available to countywide
programs through a formula developed by the department of ((community,
trade, and economic development)) commerce in consultation with program
contractors, which will take into consideration county population size.
(b) In order to be eligible for consideration, applicants must
demonstrate, at a minimum:
(i) That the community has developed and is committed to carrying
out a coordinated strategy of prevention, treatment, and law
enforcement activities;
(ii) That the community has considered research-based theory when
developing its strategy;
(iii) That proposals submitted for funding are based on a local
assessment of need and address specific objectives contained in a
coordinated strategy of prevention, treatment, and law enforcement
against alcohol, tobacco, or other drug abuse, or violence;
(iv) Evidence of active participation in preparation of the
proposal and specific commitments to implementing the community-wide
agenda by leadership from education, law enforcement, local government,
tribal government, and treatment entities in the community, and the
opportunity for meaningful involvement from others such as neighborhood
and citizen groups, businesses, human service, health and job training
organizations, and other key elements of the community, particularly
those whose responsibilities in law enforcement, treatment, prevention,
education, or other community efforts provide direct, ongoing contact
with substance abusers or those who exhibit violent behavior, or those
at risk for alcohol, tobacco, or other drug abuse, or violent behavior;
(v) Evidence of additional local resources committed to the
applicant's strategy totaling at least twenty-five percent of funds
awarded under this section. These resources may consist of public or
private funds, donated goods or services, and other measurable
commitments, including in-kind contributions such as volunteer
services, materials, supplies, physical facilities, or a combination
thereof; and
(vi) That the funds applied for, if received, will not be used to
replace funding for existing activities.
(c) At a minimum, grant applications must include the following:
(i) A definition of geographic area;
(ii) A needs assessment describing the extent and impact of
alcohol, tobacco, or other drug abuse, and violence in the community,
including an explanation of those who are most severely impacted and
those most at risk of substance abuse or violent behavior;
(iii) An explanation of the community-wide strategy for prevention,
treatment, and law enforcement activities related to alcohol, tobacco,
or other drug abuse, or violence, with particular attention to those
who are most severely impacted and/or those most at risk of alcohol,
tobacco, or other drug abuse, or violent behavior;
(iv) An explanation of who was involved in development of the
strategy and what specific commitments have been made to carry it out;
(v) Identification of existing prevention, education, treatment,
and law enforcement resources committed by the applicant, including
financial and other support, and an explanation of how the applicant's
strategy involves and builds on the efforts of existing organizations
or coalitions that have been carrying out community efforts against
alcohol, tobacco, or other drug abuse, or violence;
(vi) Identification of activities that address specific objectives
in the strategy for which additional resources are needed;
(vii) Identification of additional local resources, including
public or private funds, donated goods or services, and other
measurable commitments, that have been committed to the activities
identified in (c)(vi) of this subsection;
(viii) Identification of activities that address specific
objectives in the strategy for which funding is requested;
(ix) For each activity for which funding is requested, an
explanation in sufficient detail to demonstrate:
(A) Feasibility through deliberative design, specific objectives,
and a realistic plan for implementation;
(B) A rationale for how this activity will achieve measurable
results and how it will be evaluated;
(C) That funds requested are necessary and appropriate to
effectively carry out the activity; and
(x) Identification of a contracting agent meeting state
requirements for each activity proposed for funding.
Each contracting agent must execute a written agreement with its
local community mobilization advisory board that reflects the duties
and powers of each party.
(3) Activities that may be funded through this grant program
include those that:
(a) Prevent alcohol, tobacco, or other drug abuse, or violence
through educational efforts, development of positive alternatives,
intervention with high-risk groups, and other prevention strategies;
(b) Support effective treatment by increasing access to and
availability of treatment opportunities, particularly for underserved
or highly impacted populations, developing aftercare and support
mechanisms, and other strategies to increase the availability and
effectiveness of treatment;
(c) Provide meaningful consequences for participation in illegal
activity and promote safe and healthy communities through support of
law enforcement strategies;
(d) Create or build on efforts by existing community programs,
coordinate their efforts, and develop cooperative efforts or other
initiatives to make most effective use of resources to carry out the
community's strategy against alcohol, tobacco, or other drug abuse, or
violence; and
(e) Other activities that demonstrate both feasibility and a
rationale for how the activity will achieve measurable results in the
strategy against alcohol, tobacco, or other drug abuse, or violence.
Sec. 151 RCW 43.270.070 and 2001 c 48 s 3 are each amended to
read as follows:
The department of ((community, trade, and economic development))
commerce shall ask communities for suggestions on state practices,
policies, and priorities that would help communities implement their
strategies against alcohol, tobacco, or other drug abuse, or violence.
The department ((of community, trade, and economic development)) shall
review and respond to those suggestions making necessary changes where
feasible, making recommendations to the legislature where appropriate,
and providing an explanation as to why suggested changes cannot be
accomplished, if the suggestions cannot be acted upon.
Sec. 152 RCW 43.270.080 and 2001 c 48 s 4 are each amended to
read as follows:
The department of ((community, trade, and economic development))
commerce may receive such gifts, grants, and endowments from public or
private sources as may be made from time to time, in trust or
otherwise, for the use and benefit of the purposes of RCW 43.270.010
through 43.270.080 and expend the same or any income therefrom
according to the terms of the gifts, grants, or endowments.
Sec. 153 RCW 43.280.011 and 1996 c 123 s 1 are each amended to
read as follows:
The Washington state sexual assault services advisory committee
issued a report to the department of community, trade, and economic
development and the department of social and health services in June of
1995. The committee made several recommendations to improve the
delivery of services to victims of sexual abuse and assault: (1)
Consolidate the administration and funding of sexual assault and abuse
services in one agency instead of splitting those functions between the
department of social and health services and the department of
community, trade, and economic development; (2) adopt a funding
allocation plan to pool all funds for sexual assault services and to
distribute them across the state to ensure the delivery of core and
specialized services; (3) establish service, data collection, and
management standards and outcome measurements for recipients of grants;
and (4) create a data collection system to gather pertinent data
concerning the delivery of sexual assault services to victims.
The legislature approves the recommendations of the advisory
committee and consolidates the functions and funding for sexual assault
services in the department of ((community, trade, and economic
development)) commerce to implement the advisory committee's
recommendations.
The legislature does not intend to effect a reduction in service
levels within available funding by transferring department of social
and health services' powers and duties to the department of
((community, trade, and economic development)) commerce. At a minimum,
the department ((of community, trade, and economic development)) shall
distribute the same percentage of the services it provides victims of
sexual assault and abuse, pursuant to RCW 43.280.020, 70.125.080, and
74.14B.060, to children as were distributed to children through these
programs in fiscal year 1996.
Sec. 154 RCW 43.280.020 and 1996 c 123 s 3 are each amended to
read as follows:
There is established in the department of ((community, trade, and
economic development)) commerce a grant program to enhance the funding
for treating the victims of sex offenders. Activities that can be
funded through this grant program are limited to those that:
(1) Provide effective treatment to victims of sex offenders;
(2) Increase access to and availability of treatment for victims of
sex offenders, particularly if from underserved populations; and
(3) Create or build on efforts by existing community programs,
coordinate those efforts, or develop cooperative efforts or other
initiatives to make the most effective use of resources to provide
treatment services to these victims.
Funding shall be given to those applicants that emphasize providing
stable, victim-focused sexual abuse services and possess the
qualifications to provide core services, as defined in RCW 70.125.030.
Funds for specialized services, as defined in RCW 70.125.030, shall be
disbursed through the request for proposal or request for
qualifications process.
Sec. 155 RCW 43.280.060 and 1996 c 123 s 5 are each amended to
read as follows:
(1) Subject to funds appropriated by the legislature, the
department of ((community, trade, and economic development)) commerce
shall make awards under the grant program established by RCW
43.280.020.
(2) To aid the department of ((community, trade, and economic
development)) commerce in making its funding determinations, the
department shall form a peer review committee comprised of individuals
who are knowledgeable or experienced in the management or delivery of
treatment services to victims of sex offenders. The peer review
committee shall advise the department on the extent to which each
eligible applicant meets the treatment and management standards, as
developed by the department. The department shall consider this advice
in making awards.
(3) Activities funded under this section may be considered for
funding in future years, but shall be considered under the same terms
and criteria as new activities. Funding under this chapter shall not
constitute an obligation by the state of Washington to provide ongoing
funding.
Sec. 156 RCW 43.280.070 and 1995 c 399 s 115 are each amended to
read as follows:
The department of ((community, trade, and economic development))
commerce may receive such gifts, grants, and endowments from public or
private sources as may be made from time to time, in trust or
otherwise, for the use and benefit of the purposes of this chapter and
expend the same or any income therefrom according to the terms of the
gifts, grants, or endowments.
Sec. 157 RCW 43.280.080 and 1995 c 241 s 1 are each amended to
read as follows:
The office of crime victims advocacy is established in the
department of ((community, trade, and economic development)) commerce.
The office shall assist communities in planning and implementing
services for crime victims, advocate on behalf of crime victims in
obtaining needed services and resources, and advise local and state
governments on practices, policies, and priorities that impact crime
victims. In addition, the office shall administer grant programs for
sexual assault treatment and prevention services, as authorized in this
chapter.
Sec. 158 RCW 43.280.090 and 1995 c 269 s 2102 are each amended to
read as follows:
The director of ((the department of community, trade, and economic
development)) commerce may establish ad hoc advisory committees, as
necessary, to obtain advice and guidance regarding the office of crime
victims advocacy program.
Sec. 159 RCW 43.310.020 and 1995 c 399 s 116 are each amended to
read as follows:
(1) The department of ((community, trade, and economic
development)) commerce may recommend existing programs or contract with
either school districts or community organizations, or both, through a
request for proposal process for the development, administration, and
implementation in the county of community-based gang risk prevention
and intervention pilot programs.
(2) Proposals by the school district for gang risk prevention and
intervention pilot program grant funding shall begin with school years
no sooner than the 1994-95 session, and last for a duration of two
years.
(3) The school district or community organization proposal shall
include:
(a) A description of the program goals, activities, and curriculum.
The description of the program goals shall include a list of measurable
objectives for the purpose of evaluation by the department of
((community, trade, and economic development)) commerce. To the extent
possible, proposals shall contain empirical data on current problems,
such as drop-out rates and occurrences of violence on and off campus by
school-age individuals.
(b) A description of the individual school or schools and the
geographic area to be affected by the program.
(c) A demonstration of broad-based support for the program from
business and community organizations.
(d) A clear description of the experience, expertise, and other
qualifications of the community organizations to conduct an effective
prevention and intervention program in cooperation with a school or a
group of schools.
(e) A proposed budget for expenditure of the grant.
(4) Grants awarded under this section may not be used for the
administrative costs of the school district or the individual school.
Sec. 160 RCW 43.325.100 and 2007 c 348 s 403 are each amended to
read as follows:
(1) The department ((of community, trade, and economic
development)) and the department of ecology shall develop a framework
for the state of Washington to participate in emerging regional,
national, and to the extent possible, global markets to mitigate
climate change, on a multisector basis. This framework must include,
but not be limited to, credible, verifiable, replicable inventory and
accounting methodologies for each sector involved, along with the
completion of the stakeholder process identified in executive order
number 07-02 creating the Washington state climate change challenge.
(2) The department ((of community, trade, and economic
development)) and the department of ecology shall include the forestry
sector and work closely with the department of natural resources on
those recommendations.
(3) The department must provide a report to the legislature by
December 1, 2008. The report may be included within the report
produced for executive order number 07-02.
Sec. 161 RCW 43.325.110 and 2007 c 348 s 408 are each amended to
read as follows:
(1) The vehicle electrification demonstration grant program is
established within the department ((of community, trade, and economic
development)). The director may establish policies and procedures
necessary for processing, reviewing, and approving applications made
under this chapter.
(2) The director may approve an application for a vehicle
electrification demonstration project only if the director finds:
(a) The applicant is a state agency, public school district, public
utility district, or a political subdivision of the state, including
port districts, counties, cities, towns, special purpose districts, and
other municipal corporations or quasi-municipal corporations or a state
institution of higher education;
(b) The project partially funds the purchase of or conversion of
existing vehicles to plug-in hybrid electric vehicles or battery
electric vehicles for use in the applicant's fleet or operations;
(c) The project partners with an electric utility and demonstrates
technologies to allow controlled vehicle charging, including the use of
power electronics or wireless technologies, to regulate time-of-day and
duration of charging;
(d) The project provides matching resources; and
(e) The project provides evaluation of fuel savings, greenhouse gas
reductions, battery capabilities, energy management system, charge
controlling technologies, and other relevant information determined on
the advice of the vehicle electrification work group.
(3) The director may approve an application for a vehicle
electrification demonstration project if the project, in addition to
meeting the requirements of subsection (2) of this section, also
demonstrates charging using on-site renewable resources or
vehicle-to-grid capabilities that enable the vehicle to discharge
electricity into the grid.
Sec. 162 RCW 43.330.065 and 1996 c 253 s 303 are each amended to
read as follows:
The department ((of community, trade, and economic development)),
in consultation with the office of protocol, the office of the
secretary of state, the department of agriculture, and the employment
security department shall identify up to fifteen countries that are of
strategic importance to the development of Washington's international
trade relations.
Sec. 163 RCW 43.330.904 and 1996 c 186 s 101 are each amended to
read as follows:
(1) All powers, duties, and functions of the state energy office
relating to energy resource policy and planning and energy facility
siting are transferred to the department ((of community, trade, and
economic development)). All references to the director or the state
energy office in the Revised Code of Washington shall be construed to
mean the director of commerce or the department ((of community, trade,
and economic development)) when referring to the functions transferred
in this section.
The director shall appoint an assistant director for energy policy,
and energy policy staff shall have no additional responsibilities
beyond activities concerning energy policy.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the state energy
office pertaining to the powers, functions, and duties transferred
shall be delivered to the custody of the department ((of community,
trade, and economic development)). All cabinets, furniture, office
equipment, software, database, motor vehicles, and other tangible
property employed by the state energy office in carrying out the
powers, functions, and duties transferred shall be made available to
the department ((of community, trade, and economic development)).
(b) Any appropriations made to the state energy office for carrying
out the powers, functions, and duties transferred shall, on July 1,
1996, be transferred and credited to the department ((of community,
trade, and economic development)).
(c) Whenever any question arises as to the transfer of any funds,
books, documents, records, papers, files, software, database,
equipment, or other tangible property used or held in the exercise of
the powers and the performance of the duties and functions transferred,
the director of financial management shall make a determination as to
the proper allocation and certify the same to the state agencies
concerned.
(3) All employees of the state energy office engaged in performing
the powers, functions, and duties pertaining to the energy facility
site evaluation council are transferred to the jurisdiction of the
department ((of community, trade, and economic development)). All
employees engaged in energy facility site evaluation council duties
classified under chapter 41.06 RCW, the state civil service law, are
assigned to the department ((of community, trade, and economic
development)) to perform their usual duties upon the same terms as
formerly, without any loss of rights, subject to any action that may be
appropriate thereafter in accordance with the laws and rules governing
state civil service.
(4) All rules and all pending business before the state energy
office pertaining to the powers, functions, and duties transferred
shall be continued and acted upon by the department ((of community,
trade, and economic development)). All existing contracts and
obligations shall remain in full force and shall be performed by the
department ((of community, trade, and economic development)).
(5) The transfer of the powers, duties, and functions of the state
energy office does not affect the validity of any act performed before
July 1, 1996.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of the office of
financial management shall certify the apportionments to the agencies
affected, the state auditor, and the state treasurer. Each of these
shall make the appropriate transfer and adjustments in funds and
appropriation.
(7) The department ((of community, trade, and economic
development)) shall direct the closure of the financial records of the
state energy office.
(8) Responsibility for implementing energy education, applied
research, and technology transfer programs rests with Washington State
University. The department ((of community, trade, and economic
development)) shall provide Washington State University available
existing and future oil overcharge restitution and federal energy block
funding for a minimum period of five years to carry out energy programs
under an interagency agreement with the department ((of community,
trade, and economic development)). The interagency agreement shall
also outline the working relationship between the department ((of
community, trade, and economic development)) and Washington State
University as it pertains to the relationship between energy policy
development and public outreach. Nothing in chapter 186, Laws of 1996
prohibits Washington State University from seeking grant, contract, or
fee-for-service funding for energy or related programs directly from
other entities.
Sec. 164 RCW 43.332.010 and 2003 c 346 s 2 are each amended to
read as follows:
(1) The office of the Washington state trade representative is
created in the office of the governor. The office shall serve as the
state's official liaison with foreign governments on trade matters.
(2) The office shall:
(a) Work with the department of ((community, trade, and economic
development)) commerce, the department of agriculture, and other
appropriate state agencies, and within the agencies' existing
resources, review and analyze proposed and enacted international trade
agreements and provide an assessment of the impact of the proposed or
enacted agreement on Washington's businesses and firms;
(b) Provide input to the office of the United States trade
representative in the development of international trade, commodity,
and direct investment policies that reflect the concerns of the state
of Washington;
(c) Serve as liaison to the legislature on matters of trade policy
oversight including, but not limited to, updates to the legislature
regarding the status of trade negotiations, trade litigation, and the
impacts of trade policy on Washington state businesses;
(d) Work with the international trade division of the department of
((community, trade, and economic development)) commerce and the
international marketing program of the Washington state department of
agriculture to develop a statewide strategy designed to increase the
export of Washington goods and services, particularly goods and
services from small and medium-sized businesses; and
(e) Conduct other activities the governor deems necessary to
promote international trade and foreign investment within the state.
(3) The office shall prepare and submit an annual report on its
activities under subsection (2) of this section to the governor and
appropriate committees of the legislature.
Sec. 165 RCW 43.336.050 and 2007 c 228 s 105 are each amended to
read as follows:
The tourism enterprise account is created in the custody of the
state treasurer.
(1) All receipts from RCW 43.336.030(2)(a) must be deposited into
the account. Only the executive director or the executive director's
designee may authorize expenditures from the account. The account is
subject to allotment procedures under chapter 43.88 RCW, but an
appropriation is not required for expenditures.
(2) Moneys transferred from the state convention and trade
(([center])) center account to this account, as provided in RCW
67.40.040, shall be available for expenditure in accordance with the
requirements of this section. As provided under subsection (3) of this
section, moneys must be matched with private sector cash contributions,
the value of an advertising equivalency contribution, or through an in-kind contribution. The commission shall determine criteria for what
qualifies as an in-kind contribution. The moneys subject to match may
be expended as private match is received or with evidence of qualified
expenditure.
(3)(a) Twenty-five percent of the moneys transferred in fiscal year
2009 are subject to a match;
(b) Fifty percent of the moneys transferred in fiscal year 2010 are
subject to a match; and
(c) One hundred percent of the moneys transferred in fiscal year
2011, and thereafter, are subject to a match.
(4) 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. 166 RCW 46.16.340 and 1995 c 391 s 8 are each amended to
read as follows:
The director, from time to time, shall furnish the state military
department, the department of ((community, trade, and economic
development)) commerce, the Washington state patrol, and all county
sheriffs a list of the names, addresses, and license plate or radio
station call letters of each person possessing the special amateur
radio station license plates so that the facilities of such radio
stations may be utilized to the fullest extent in the work of these
governmental agencies.
Sec. 167 RCW 46.44.170 and 2005 c 399 s 1 are each amended to
read as follows:
(1) Any person moving a mobile home as defined in RCW 46.04.302 or
a park model trailer as defined in RCW 46.04.622 upon public highways
of the state must obtain:
(a) A special permit from the department of transportation and
local authorities pursuant to RCW 46.44.090 and 46.44.093 and shall pay
the proper fee as prescribed by RCW 46.44.0941 and 46.44.096; and
(b) For mobile homes constructed before June 15, 1976, and already
situated in the state: (i) A certification from the department of
labor and industries that the mobile home was inspected for fire
safety; or (ii) an affidavit in the form prescribed by the department
of ((community, trade, and economic development)) commerce signed by
the owner at the county treasurer's office at the time of the
application for the movement permit stating that the mobile home is
being moved by the owner for his or her continued occupation or use; or
(iii) a copy of the certificate of ownership or title together with an
affidavit signed under penalty of perjury by the certified owner
stating that the mobile home is being transferred to a wrecking yard or
similar facility for disposal. In addition, the destroyed mobile home
must be removed from the assessment rolls of the county and any
outstanding taxes on the destroyed mobile home must be removed by the
county treasurer.
(2) A special permit issued as provided in subsection (1) of this
section for the movement of any mobile home or a park model trailer
that is assessed for purposes of property taxes shall not be valid
until the county treasurer of the county in which the mobile home or
park model trailer is located shall endorse or attach his or her
certificate that all property taxes which are a lien or which are
delinquent, or both, upon the mobile home or park model trailer being
moved have been satisfied. Further, any mobile home or park model
trailer required to have a special movement permit under this section
shall display an easily recognizable decal. However, endorsement or
certification by the county treasurer and the display of the decal is
not required:
(a) When a mobile home or park model trailer is to enter the state
or is being moved from a manufacturer or distributor to a retail sales
outlet or directly to the purchaser's designated location or between
retail and sales outlets;
(b) When a signed affidavit of destruction is filed with the county
assessor and the mobile home or park model trailer is being moved to a
disposal site by a landlord as defined in RCW 59.20.030 after (i) the
mobile home or park model trailer has been abandoned as defined in RCW
59.20.030; or (ii) a final judgment for restitution of the premises
under RCW 59.18.410 has been executed in favor of the landlord with
regard to the mobile home or park model trailer. The mobile home or
park model trailer will be removed from the tax rolls and, upon
notification by the assessor, any outstanding taxes on the destroyed
mobile home or park model trailer will be removed by the county
treasurer; or
(c) When a signed affidavit of destruction is filed with the county
assessor by any mobile home or park model trailer owner or any property
owner with an abandoned mobile home or park model trailer, the same
shall be removed from the tax rolls and upon notification by the
assessor, any outstanding taxes on the destroyed mobile home or park
model trailer shall be removed by the county treasurer.
(3) If the landlord of a mobile home park takes ownership of a
mobile home or park model trailer with the intent to resell or rent the
same under RCW 59.20.030 after (a) the mobile home or park model
trailer has been abandoned as defined in RCW 59.20.030; or (b) a final
judgment for restitution of the premises under RCW 59.18.410 has been
executed in favor of the landlord with regard to the mobile home or
park model trailer, the outstanding taxes become the responsibility of
the landlord.
(4) It is the responsibility of the owner of the mobile home or
park model trailer subject to property taxes or the agent to obtain the
endorsement and decal from the county treasurer before a mobile home or
park model trailer is moved.
(5) This section does not prohibit the issuance of vehicle license
plates for a mobile home or park model trailer subject to property
taxes, but plates shall not be issued unless the mobile home or park
model trailer subject to property taxes for which plates are sought has
been listed for property tax purposes in the county in which it is
principally located and the appropriate fee for the license has been
paid.
(6) The department of transportation, the department of labor and
industries, and local authorities are authorized to adopt reasonable
rules for implementing the provisions of this section. The department
of transportation shall adopt rules specifying the design, reflective
characteristics, annual coloration, and for the uniform implementation
of the decal required by this section. By January 1, 2006, the
department of labor and industries shall also adopt procedures for
notifying destination local jurisdictions concerning the arrival of
mobile homes that failed safety inspections.
Sec. 168 RCW 47.06.110 and 2005 c 319 s 124 are each amended to
read as follows:
The state-interest component of the statewide multimodal
transportation plan shall include a state public transportation plan
that:
(1) Articulates the state vision of an interest in public
transportation and provides quantifiable objectives, including benefits
indicators;
(2) Identifies the goals for public transit and the roles of
federal, state, regional, and local entities in achieving those goals;
(3) Recommends mechanisms for coordinating state, regional, and
local planning for public transportation;
(4) Recommends mechanisms for coordinating public transportation
with other transportation services and modes;
(5) Recommends criteria, consistent with the goals identified in
subsection (2) of this section and with RCW 82.44.180 (2) and (3), for
existing federal authorizations administered by the department to
transit agencies; and
(6) Recommends a statewide public transportation facilities and
equipment management system as required by federal law.
In developing the state public transportation plan, the department
shall involve local jurisdictions, public and private providers of
transportation services, nonmotorized interests, and state agencies
with an interest in public transportation, including but not limited to
the departments of ((community, trade, and economic development))
commerce, social and health services, and ecology, the office of the
superintendent of public instruction, the office of the governor, and
the office of financial management.
The department shall submit to the senate and house transportation
committees by December 1st of each year, reports summarizing the plan's
progress.
Sec. 169 RCW 47.12.064 and 1995 c 399 s 121 are each amended to
read as follows:
(1) The department shall identify and catalog real property that is
no longer required for department purposes and is suitable for the
development of affordable housing for very low-income, low-income, and
moderate-income households as defined in RCW 43.63A.510. The inventory
shall include the location, approximate size, and current zoning
classification of the property. The department shall provide a copy of
the inventory to the department of ((community, trade, and economic
development)) commerce by November 1, 1993, and every November 1
thereafter.
(2) By November 1 of each year, beginning in 1994, the department
shall purge the inventory of real property of sites that are no longer
available for the development of affordable housing. The department
shall include an updated listing of real property that has become
available since the last update. As used in this section, "real
property" means buildings, land, or buildings and land.
Sec. 170 RCW 47.26.345 and 2005 c 83 s 3 are each amended to read
as follows:
All cities and towns with a population of less than five thousand
are eligible to receive money from the small city pavement and sidewalk
account created under RCW 47.26.340 for maintenance, repair, and
resurfacing of city and town streets. The board shall determine the
allocation of money based on:
(1) The amount of available funds within the small city pavement
and sidewalk account;
(2) Whether the city or town meets one or more of the following
criteria:
(a) The city or town has identified a street in a six-year
transportation improvement plan, as defined by RCW 35.77.010, or a
project identified through the use of a pavement management system;
(b) The city or town has provided pavement rating information on
the proposed street improvement or street network improvement;
(c) The city or town has provided sidewalk information on the
proposed sidewalk system improvement;
(d) The city or town has provided information, where available, on
traffic conditions for truck routes, bus routes, and traffic volumes;
(e) The city or town has the ability to provide a local match as
demonstrated by one or more of the following:
(i) A funding match based upon a city's assessed valuation;
(ii) Community involvement and support, including volunteer
participation, such as landscaping and maintaining landscaping along
the street or sidewalk system; or
(iii) Partnership efforts with federal or other state programs,
including the department of ((community, trade, and economic
development)) commerce mainstreet program.
Sec. 171 RCW 47.39.040 and 1995 c 399 s 122 are each amended to
read as follows:
The establishment of planning and design standards for items
provided for in RCW 47.39.050 shall be coordinated by the department of
((community, trade, and economic development)) commerce. The
department of transportation, parks and recreation commission, and any
other departments or commissions whose interests are affected shall
prepare, submit, and file with the department of ((community, trade,
and economic development)) commerce standards relating to the scenic
and recreational highway system. If varying planning and design
standards are filed, the department of ((community, trade, and economic
development)) commerce shall consult with the submitting agencies on
the merits of the several proposals and, based upon such consultation,
establish a set of standards. Pursuant to the planning and design
standards so established, the department of transportation and the
parks and recreation commission shall develop the highways and areas
adjacent thereto to accomplish the purposes of this chapter, but the
department shall retain exclusive authority over the highway right-of-way.
Responsibility for construction and maintenance is hereby
established between the department and the parks and recreation
commission with the department responsible for activities financed with
funds provided for under RCW 47.39.030(1) and the parks and recreation
commission responsible for activities financed from other sources of
funds. By mutual consent, responsibility for development and/
Sec. 172 RCW 47.39.069 and 1999 c 218 s 4 are each amended to
read as follows:
(1) The department, in consultation with the department of
((community, trade, and economic development)) commerce, the department
of natural resources, the parks and recreation commission, affected
cities, towns, and counties, federally recognized tribes, regional
transportation planning organizations, Washington-based automobile
clubs, statewide bicycling organizations, and other interested parties,
shall develop by December 31, 1999, criteria for assessing scenic
byways and heritage tour routes and an appropriate method of nomination
and application for the designation and removal of the designation of
the byways. Factors the department may take into consideration, but is
not limited by, are: (a) Scenic quality of the byway; (b) natural
aspects, such as geological formations, water bodies, vegetation, and
wildlife; (c) historic elements; (d) cultural features such as the
arts, crafts, music, customs, or traditions of a distinct group of
people; (e) archaeological features; (f) recreational activities; (g)
roadway safety including accommodations for bicycle and pedestrian
travel, tour buses, and automobiles; (h) scenic byway and local and
regional byway management plans; and (i) local public involvement and
support for the byway.
(2) The criteria developed in subsection (1) of this section must
not impose nor require regulation of privately owned lands or property
rights.
(3) Any person may nominate a roadway, path, or trail for inclusion
in the scenic byway program. The department shall assess nominations
in accordance with the criteria developed under subsection (1) of this
section. The department shall submit its recommendations for scenic
byway and heritage tour route designations to the commission for its
approval and official designation of the roadway, path, or trail as a
scenic byway or a heritage tour route. All decisions made by the
commission relating to scenic byway and heritage tour route
designations are final.
(4) The department shall apply the criteria in subsection (1) of
this section to state highways that are currently not a part of the
designated scenic and recreational highway system. The department
shall respond to local requests for route evaluation as defined in
subsection (3) of this section.
(5) Once the commission has designated a roadway as a scenic byway,
the department may submit an individual nomination to the Federal
Highway Administration for its consideration of whether the roadway
qualifies to be designated as a national scenic byway or an All-American Roadway.
Sec. 173 RCW 47.39.090 and 1995 c 399 s 123 are each amended to
read as follows:
In developing the scenic and recreational highways program, the
department shall consult with the department of ((community, trade, and
economic development)) commerce, the department of natural resources,
the parks and recreation commission, affected cities, towns, and
counties, regional transportation planning organizations, statewide
bicycling organizations, and other interested parties. The scenic and
recreational highways program may identify entire highway loops or
similar tourist routes that could be developed to promote tourist
activity and provide concurrent economic growth while protecting the
scenic and recreational quality surrounding state highways.
Sec. 174 RCW 47.50.090 and 1995 c 399 s 124 are each amended to
read as follows:
(1) The department shall develop, adopt, and maintain an access
control classification system for all routes on the state highway
system, the purpose of which shall be to provide for the implementation
and continuing applications of the provision of this chapter.
(2) The principal component of the access control classification
system shall be access management standards, the purpose of which shall
be to provide specific minimum standards to be adhered to in the
planning for and approval of access to state highways.
(3) The control classification system shall be developed consistent
with the following:
(a) The department shall, no later than January 1, 1993, adopt
rules setting forth procedures governing the implementation of the
access control classification system required by this chapter. The
rule shall provide for input from the entities described in (b) of this
subsection as well as for public meetings to discuss the access control
classification system. Nothing in this chapter shall affect the
validity of the department's existing or subsequently adopted rules
concerning access to the state highway system. Such rules shall remain
in effect until repealed or replaced by the rules required by this
chapter.
(b) The access control classification system shall be developed in
cooperation with counties, cities and towns, the department of
((community, trade, and economic development)) commerce, regional
transportation planning organizations, and other local governmental
entities, and for city streets designated as state highways pursuant to
chapter 47.24 RCW, adopted with the concurrence of the city design
standards committee.
(c) The rule required by this section shall provide that assignment
of a road segment to a specific access category be made in
consideration of the following criteria:
(i) Local land use plans and zoning, as set forth in comprehensive
plans;
(ii) The current functional classification as well as potential
future functional classification of each road on the state highway
system;
(iii) Existing and projected traffic volumes;
(iv) Existing and projected state, local, and metropolitan planning
organization transportation plans and needs;
(v) Drainage requirements;
(vi) The character of lands adjoining the highway;
(vii) The type and volume of traffic requiring access;
(viii) Other operational aspects of access;
(ix) The availability of reasonable access by way of county roads
and city streets to a state highway; and
(x) The cumulative effect of existing and projected connections on
the state highway system's ability to provide for the safe and
efficient movement of people and goods within the state.
(d) Access management standards shall include, but not be limited
to, connection location standards, safety factors, design and
construction standards, desired levels of service, traffic control
devices, and effective maintenance of the roads. The standards shall
also contain minimum requirements for the spacing of connections,
intersecting streets, roads, and highways.
(e) An access control category shall be assigned to each segment of
the state highway system by July 1, 1993.
Sec. 175 RCW 47.76.230 and 2007 c 234 s 94 are each amended to
read as follows:
(1) The department of transportation shall continue its
responsibility for the development and implementation of the state rail
plan and programs, and the utilities and transportation commission
shall continue its responsibility for railroad safety issues.
(2) The department of transportation shall maintain an enhanced
data file on the rail system. Proprietary annual station traffic data
from each railroad and the modal use of major shippers must be obtained
to the extent that such information is available.
(3) The department of transportation shall provide technical
assistance, upon request, to state agencies and local interests.
Technical assistance includes, but is not limited to, the following:
(a) Rail project cost-benefit analyses conducted in accordance with
methodologies recommended by the federal railroad administration;
(b) Assistance in the formation of county rail districts and port
districts; and
(c) Feasibility studies for rail service continuation
(4) With funding authorized by the legislature, the department of
transportation, in collaboration with the department of ((community,
trade, and economic development)) commerce, and local economic
development agencies, and other interested public and private
organizations, shall develop a cooperative process to conduct community
and business information programs and to regularly disseminate
information on rail matters.
Sec. 176 RCW 47.80.090 and 2009 c 459 s 2 are each amended to
read as follows:
(1) A regional transportation planning organization containing any
county with a population in excess of one million in collaboration with
representatives from the department of ecology, the department of
((community, trade, and economic development)) commerce, local
governments, and the office of regulatory assistance must seek federal
or private funding for the planning for, deployment of, or regulations
concerning electric vehicle infrastructure. These efforts should
include:
(a) Development of short-term and long-term plans outlining how
state, regional, and local government construction may include electric
vehicle infrastructure in publicly available off-street parking and
government fleet vehicle parking, including what ratios of charge spots
to parking may be appropriate based on location or type of facility or
building;
(b) Consultations with the state building code council and the
department of labor and industries to coordinate the plans with state
standards for new residential, commercial, and industrial buildings to
ensure that the appropriate electric circuitry is installed to support
electric vehicle infrastructure;
(c) Consultation with the workforce development council and the
higher education coordinating board to ensure the development of
appropriate educational and training opportunities for citizens of the
state in support of the transition of some portion of vehicular
transportation from combustion to electric vehicles;
(d) Development of an implementation plan for counties with a
population greater than five hundred thousand with the goal of having
public and private parking spaces, in the aggregate, be ten percent
electric vehicle ready by December 31, 2018; and
(e) Development of model ordinances and guidance for local
governments for siting and installing electric vehicle infrastructure,
in particular battery charging stations, and appropriate handling,
recycling, and storage of electric vehicle batteries and equipment.
(2) These plans and any recommendations developed as a result of
the consultations required by this section must be submitted to the
legislature by December 31, 2010, or as soon as reasonably practicable
after the securing of any federal or private funding. Priority will be
given to the activities in subsection (1)(e) of this section and any
ordinances or guidance that is developed will be submitted to the
legislature, the department of ((community, trade, and economic
development)) commerce, and affected local governments prior to
December 31, 2010, if completed.
(3) The definitions in this subsection apply ((through
[throughout])) throughout this section unless the context clearly
requires otherwise.
(a) "Battery charging station" means an electrical component
assembly or cluster of component assemblies designed specifically to
charge batteries within electric vehicles, which meet or exceed any
standards, codes, and regulations set forth by chapter 19.28 RCW and
consistent with rules adopted under RCW 19.27.540.
(b) "Battery exchange station" means a fully automated facility
that will enable an electric vehicle with a swappable battery to enter
a drive lane and exchange the depleted battery with a fully charged
battery through a fully automated process, which meets or exceeds any
standards, codes, and regulations set forth by chapter 19.28 RCW and
consistent with rules adopted under RCW 19.27.540.
(c) "Electric vehicle infrastructure" means structures, machinery,
and equipment necessary and integral to support an electric vehicle,
including battery charging stations, rapid charging stations, and
battery exchange stations.
(d) "Rapid charging station" means an industrial grade electrical
outlet that allows for faster recharging of electric vehicle batteries
through higher power levels, which meets or exceeds any standards,
codes, and regulations set forth by chapter 19.28 RCW and consistent
with rules adopted under RCW 19.27.540.
Sec. 177 RCW 49.04.200 and 2009 c 536 s 12 are each amended to
read as follows:
(1) The council must evaluate the potential of existing
apprenticeship and training programs that would produce workers with
the skills needed to conduct energy audits and provide energy
efficiency services and deliver its findings to the department of
((community, trade, and economic development, the leadership team))
commerce, and the appropriate committees of the legislature as soon as
possible, but no later than January 18, 2010.
(2) The council may prioritize workforce training programs that
lead to apprenticeship programs in green economy jobs. For purposes of
this section, green economy jobs include those in the primary
industries of a green economy, including clean energy, the forestry
industry, high-efficiency building, green transportation, and
environmental protection. Prioritization efforts may include but are
not limited to: (a) Prioritization of the use of high employer-demand
funding for workforce training programs in green economy jobs; (b)
increased outreach efforts to public utilities, education, labor,
government, and private industry to develop tailored, green job
training programs; and (c) increased outreach efforts to target
populations. Outreach efforts shall be conducted in partnership with
local workforce development councils.
(3) The definitions in RCW 43.330.010 apply to this section.
Sec. 178 RCW 50.16.010 and 2009 c 564 s 946 are each amended to
read as follows:
(1) There shall be maintained as special funds, separate and apart
from all public moneys or funds of this state an unemployment
compensation fund, an administrative contingency fund, and a federal
interest payment fund, which shall be administered by the commissioner
exclusively for the purposes of this title, and to which RCW 43.01.050
shall not be applicable.
(2)(a) The unemployment compensation fund shall consist of:
(i) All contributions collected under RCW 50.24.010 and payments in
lieu of contributions collected pursuant to the provisions of this
title;
(ii) Any property or securities acquired through the use of moneys
belonging to the fund;
(iii) All earnings of such property or securities;
(iv) Any moneys received from the federal unemployment account in
the unemployment trust fund in accordance with Title XII of the social
security act, as amended;
(v) All money recovered on official bonds for losses sustained by
the fund;
(vi) All money credited to this state's account in the unemployment
trust fund pursuant to section 903 of the social security act, as
amended;
(vii) All money received from the federal government as
reimbursement pursuant to section 204 of the federal-state extended
compensation act of 1970 (84 Stat. 708-712; 26 U.S.C. Sec. 3304); and
(viii) All moneys received for the fund from any other source.
(b) All moneys in the unemployment compensation fund shall be
commingled and undivided.
(3)(a) Except as provided in (b) of this subsection, the
administrative contingency fund shall consist of:
(i) All interest on delinquent contributions collected pursuant to
this title;
(ii) All fines and penalties collected pursuant to the provisions
of this title;
(iii) All sums recovered on official bonds for losses sustained by
the fund; and
(iv) Revenue received under RCW 50.24.014.
(b) All fees, fines, forfeitures, and penalties collected or
assessed by a district court because of the violation of this title or
rules adopted under this title shall be remitted as provided in chapter
3.62 RCW.
(c) Except as provided in (d) of this subsection, moneys available
in the administrative contingency fund, other than money in the special
account created under RCW 50.24.014, shall be expended upon the
direction of the commissioner, with the approval of the governor,
whenever it appears to him or her that such expenditure is necessary
solely for:
(i) The proper administration of this title and that insufficient
federal funds are available for the specific purpose to which such
expenditure is to be made, provided, the moneys are not substituted for
appropriations from federal funds which, in the absence of such moneys,
would be made available.
(ii) The proper administration of this title for which purpose
appropriations from federal funds have been requested but not yet
received, provided, the administrative contingency fund will be
reimbursed upon receipt of the requested federal appropriation.
(iii) The proper administration of this title for which compliance
and audit issues have been identified that establish federal claims
requiring the expenditure of state resources in resolution. Claims
must be resolved in the following priority: First priority is to
provide services to eligible participants within the state; second
priority is to provide substitute services or program support; and last
priority is the direct payment of funds to the federal government.
(d)(i) During the 2007-2009 fiscal biennium, moneys available in
the administrative contingency fund, other than money in the special
account created under RCW 50.24.014(1)(a), shall be expended as
appropriated by the legislature for: (A) The cost of the job skills or
worker retraining programs at the community and technical colleges and
administrative costs at the state board for community and technical
colleges; and (B) reemployment services such as business and project
development assistance, local economic development capacity building,
and local economic development financial assistance at the department
of ((community, trade, and economic development)) commerce. The
remaining appropriation may be expended as specified in (c) of this
subsection.
(ii) During the 2009-2011 fiscal biennium, moneys available in the
administrative contingency fund, other than money in the special
account created under RCW 50.24.014(1)(a), shall be expended by the
department of social and health services as appropriated by the
legislature for employment and training services and programs in the
WorkFirst program, and for the administrative costs of state agencies
participating in the WorkFirst program. The remaining appropriation
may be expended as specified in (c) of this subsection.
(4) Money in the special account created under RCW 50.24.014(1)(a)
may only be expended, after appropriation, for the purposes specified
in this section and RCW 50.62.010, 50.62.020, 50.62.030, 50.24.014,
50.44.053, and 50.22.010.
Sec. 179 RCW 50.38.030 and 1995 c 399 s 142 are each amended to
read as follows:
The employment security department shall consult with the following
agencies prior to the issuance of the state occupational forecast:
(1) Office of financial management;
(2) Department of ((community, trade, and economic development))
commerce;
(3) Department of labor and industries;
(4) State board for community and technical colleges;
(5) Superintendent of public instruction;
(6) Department of social and health services;
(7) Workforce training and education coordinating board; and
(8) Other state and local agencies as deemed appropriate by the
commissioner of the employment security department.
These agencies shall cooperate with the employment security
department, submitting information relevant to the generation of
occupational forecasts.
Sec. 180 RCW 50.72.030 and 1994 sp.s. c 3 s 3 are each amended to
read as follows:
The Washington youthbuild program is established within the
department. The commissioner, in cooperation and consultation with the
director of the department of ((community, trade, and economic
development)) commerce, shall:
(1) Make grants, up to the lesser of three hundred thousand dollars
or twenty-five percent of the total costs of the youthbuild activities,
to applicants eligible to provide education and employment training
under federal or state employment training programs, for the purpose of
carrying out a wide range of multidisciplinary activities and services
to assist economically disadvantaged youth under the federal
opportunities for youth: Youthbuild program (106 Stat. 3723; 42 U.S.C.
Sec. 8011), or locally developed youthbuild-type programs for
economically disadvantaged youth; and
(2) Coordinate youth employment and training efforts under the
department's jurisdiction and cooperate with other agencies and
departments providing youth services to ensure that funds appropriated
for the purposes of this chapter will be used to supplement funding
from federal, state, local, or private sources.
Sec. 181 RCW 53.36.030 and 1996 c 66 s 1 are each amended to read
as follows:
(1)(a) Except as provided in (b) of this subsection, a port
district may at any time contract indebtedness or borrow money for
district purposes and may issue general obligation bonds therefor not
exceeding an amount, together with any existing indebtedness of the
district not authorized by the voters, of one-fourth of one percent of
the value of the taxable property in the district.
(b) Port districts having less than eight hundred million dollars
in value of taxable property during 1991 may at any time contract
indebtedness or borrow money for port district purposes and may issue
general obligation bonds therefor not exceeding an amount, combined
with existing indebtedness of the district not authorized by the
voters, of three-eighths of one percent of the value of the taxable
property in the district. Prior to contracting for any indebtedness
authorized by this subsection (1)(b), the port district must have a
comprehensive plan for harbor improvements or industrial development
and a long-term financial plan approved by the department of
((community, trade, and economic development)) commerce. The
department ((of community, trade, and economic development)) is immune
from any liability for its part in reviewing or approving port
district's improvement or development plans, or financial plans. Any
indebtedness authorized by this subsection (1)(b) may be used only to
acquire or construct a facility, and, prior to contracting for such
indebtedness, the port district must have a lease contract for a
minimum of five years for the facility to be acquired or constructed by
the debt.
(2) With the assent of three-fifths of the voters voting thereon at
a general or special port election called for that purpose, a port
district may contract indebtedness or borrow money for district
purposes and may issue general obligation bonds therefor provided the
total indebtedness of the district at any such time shall not exceed
three-fourths of one percent of the value of the taxable property in
the district.
(3) In addition to the indebtedness authorized under subsections
(1) and (2) of this section, port districts having less than two
hundred million dollars in value of taxable property and operating a
municipal airport may at any time contract indebtedness or borrow money
for airport capital improvement purposes and may issue general
obligation bonds therefor not exceeding an additional one-eighth of one
percent of the value of the taxable property in the district without
authorization by the voters; and, with the assent of three-fifths of
the voters voting thereon at a general or special port election called
for that purpose, may contract indebtedness or borrow money for airport
capital improvement purposes and may issue general obligation bonds
therefor for an additional three-eighths of one percent provided the
total indebtedness of the district for all port purposes at any such
time shall not exceed one and one-fourth percent of the value of the
taxable property in the district.
(4) Any port district may issue general district bonds evidencing
any indebtedness, payable at any time not exceeding fifty years from
the date of the bonds. Any contract for indebtedness or borrowed money
authorized by RCW 53.36.030(1)(b) shall not exceed twenty-five years.
The bonds shall be issued and sold in accordance with chapter 39.46
RCW.
(5) Elections required under this section shall be held as provided
in RCW 39.36.050.
(6) For the purpose of this section, "indebtedness of the district"
shall not include any debt of a countywide district with a population
less than twenty-five hundred people when the debt is secured by a
mortgage on property leased to the federal government; and the term
"value of the taxable property" shall have the meaning set forth in RCW
39.36.015.
(7) This section does not apply to a loan made under a loan
agreement under chapter 39.69 RCW, and a computation of indebtedness
under this chapter must exclude the amount of a loan under such a loan
agreement.
Sec. 182 RCW 54.16.285 and 1995 c 399 s 144 are each amended to
read as follows:
(1) A district providing utility service for residential space
heating shall not terminate such utility service between November 15
through March 15 if the customer:
(a) Notifies the utility of the inability to pay the bill,
including a security deposit. This notice should be provided within
five business days of receiving a payment overdue notice unless there
are extenuating circumstances. If the customer fails to notify the
utility within five business days and service is terminated, the
customer can, by paying reconnection charges, if any, and fulfilling
the requirements of this section, receive the protections of this
chapter;
(b) Provides self-certification of household income for the prior
twelve months to a grantee of the department of ((community, trade, and
economic development)) commerce which administers federally funded
energy assistance programs. The grantee shall determine that the
household income does not exceed the maximum allowed for eligibility
under the state's plan for low-income energy assistance under 42 U.S.C.
8624 and shall provide a dollar figure that is seven percent of
household income. The grantee may verify information provided in the
self-certification;
(c) Has applied for home heating assistance from applicable
government and private sector organizations and certifies that any
assistance received will be applied to the current bill and future
utility bills;
(d) Has applied for low-income weatherization assistance to the
utility or other appropriate agency if such assistance is available for
the dwelling;
(e) Agrees to a payment plan and agrees to maintain the payment
plan. The plan will be designed both to pay the past due bill by the
following October 15 and to pay for continued utility service. If the
past due bill is not paid by the following October 15, the customer
shall not be eligible for protections under this chapter until the past
due bill is paid. The plan shall not require monthly payments in
excess of seven percent of the customer's monthly income plus one-twelfth of any arrearage accrued from the date application is made and
thereafter during November 15 through March 15. A customer may agree
to pay a higher percentage during this period, but shall not be in
default unless payment during this period is less than seven percent of
monthly income plus one-twelfth of any arrearage accrued from the date
application is made and thereafter. If assistance payments are
received by the customer subsequent to implementation of the plan, the
customer shall contact the utility to reformulate the plan; and
(f) Agrees to pay the moneys owed even if he or she moves.
(2) The utility shall:
(a) Include in any notice that an account is delinquent and that
service may be subject to termination, a description of the customer's
duties in this section;
(b) Assist the customer in fulfilling the requirements under this
section;
(c) Be authorized to transfer an account to a new residence when a
customer who has established a plan under this section moves from one
residence to another within the same utility service area;
(d) Be permitted to disconnect service if the customer fails to
honor the payment program. Utilities may continue to disconnect
service for those practices authorized by law other than for nonpayment
as provided for in this section. Customers who qualify for payment
plans under this section who default on their payment plans and are
disconnected can be reconnected and maintain the protections afforded
under this chapter by paying reconnection charges, if any, and by
paying all amounts that would have been due and owing under the terms
of the applicable payment plan, absent default, on the date on which
service is reconnected; and
(e) Advise the customer in writing at the time it disconnects
service that it will restore service if the customer contacts the
utility and fulfills the other requirements of this section.
(3) All districts providing utility service for residential space
heating shall offer residential customers the option of a budget
billing or equal payment plan. The budget billing or equal payment
plan shall be offered low-income customers eligible under the state's
plan for low-income energy assistance prepared in accordance with 42
U.S.C. 8624(C)(1) without limiting availability to certain months of
the year, without regard to the length of time the customer has
occupied the premises, and without regard to whether the customer is
the tenant or owner of the premises occupied.
(4) An agreement between the customer and the utility, whether oral
or written, shall not waive the protections afforded under this
chapter.
Sec. 183 RCW 54.52.010 and 2007 c 132 s 1 are each amended to
read as follows:
A public utility district may include along with, or as part of its
regular customer billings, a request for voluntary contributions to
assist qualified low-income residential customers of the district in
paying their electricity bills. All funds received by the district in
response to such requests shall be (1) transmitted (a) to the grantee
of the department of ((community, trade, and economic development))
commerce which administers federally funded energy assistance programs
for the state in the district's service area or (b) to a charitable
organization within the district's service area; or (2) retained by the
district. All such funds shall be used solely to supplement assistance
to low-income residential customers of the district in paying their
electricity bills. The grantee, charitable organization, or district
is responsible to determine which of the district's customers are
qualified for low-income assistance and the amount of assistance to be
provided to those who are qualified.
Sec. 184 RCW 54.52.020 and 2007 c 132 s 2 are each amended to
read as follows:
All assistance provided under this chapter shall be disbursed by
the grantee, charitable organization, or district. When applicable,
the public utility district will be paid on behalf of the customer by
the grantee or the charitable organization. When direct vendor payment
is not feasible, a check will be issued jointly payable to the customer
and the public utility district. The availability of funds for
assistance to a district's low-income customers as a result of
voluntary contributions shall not reduce the amount of assistance for
which the district's customers are eligible under the federally funded
energy assistance programs administered by the grantee of the
department of ((community, trade, and economic development)) commerce
within the district's service area. When applicable, the grantee or
charitable organization shall provide the district with a quarterly
report on January 15th, April 15th, July 15th, and October 15th which
includes information concerning the total amount of funds received from
the district, the names of all recipients of assistance from these
funds, the amount received by each recipient, and the amount of funds
received from the district currently on hand and available for future
low-income assistance.
Sec. 185 RCW 57.46.010 and 1996 c 230 s 1401 are each amended to
read as follows:
A district may include along with, or as part of its regular
customer billings, a request for voluntary contributions to assist
qualified low-income residential customers of the district in paying
their district bills. All funds received by the district in response
to such requests shall be transmitted to the grantee of the department
of ((community, trade, and economic development)) commerce which
administers federally funded energy assistance programs for the state
in the district's service area or to a charitable organization within
the district's service area. All such funds shall be used solely to
supplement assistance to low-income residential customers of the
district in paying their district bills. The grantee or charitable
organization shall be responsible to determine which of the district's
customers are qualified for low-income assistance and the amount of
assistance to be provided to those who are qualified.
Sec. 186 RCW 57.46.020 and 1996 c 230 s 1402 are each amended to
read as follows:
All assistance provided under this chapter shall be disbursed by
the grantee or charitable organization. Where possible the district
shall be paid on behalf of the customer by the grantee or the
charitable organization. When direct vendor payment is not feasible,
a check shall be issued jointly payable to the customer and the
district. The availability of funds for assistance to a district's
low-income customers as a result of voluntary contributions shall not
reduce the amount of assistance for which the district's customers are
eligible under the federally funded energy assistance programs
administered by the grantee of the department of ((community, trade,
and economic development)) commerce within the district's service area.
The grantee or charitable organization shall provide the district with
a quarterly report on January 15th, April 15th, July 15th, and October
15th which includes information concerning the total amount of funds
received from the district, the names of all recipients of assistance
from these funds, the amount received by each recipient, and the amount
of funds received from the district currently on hand and available for
future low-income assistance.
Sec. 187 RCW 59.18.440 and 1997 c 452 s 17 are each amended to
read as follows:
(1) Any city, town, county, or municipal corporation that is
required to develop a comprehensive plan under RCW 36.70A.040(1) is
authorized to require, after reasonable notice to the public and a
public hearing, property owners to provide their portion of reasonable
relocation assistance to low-income tenants upon the demolition,
substantial rehabilitation whether due to code enforcement or any other
reason, or change of use of residential property, or upon the removal
of use restrictions in an assisted-housing development. No city, town,
county, or municipal corporation may require property owners to provide
relocation assistance to low-income tenants, as defined in this
chapter, upon the demolition, substantial rehabilitation, upon the
change of use of residential property, or upon the removal of use
restrictions in an assisted-housing development, except as expressly
authorized herein or when authorized or required by state or federal
law. As used in this section, "assisted housing development" means a
multifamily rental housing development that either receives government
assistance and is defined as federally assisted housing in RCW
59.28.020, or that receives other federal, state, or local government
assistance and is subject to use restrictions.
(2) As used in this section, "low-income tenants" means tenants
whose combined total income per dwelling unit is at or below fifty
percent of the median income, adjusted for family size, in the county
where the tenants reside.
The department of ((community, trade, and economic development))
commerce shall adopt rules defining county median income in accordance
with the definitions promulgated by the federal department of housing
and urban development.
(3) A requirement that property owners provide relocation
assistance shall include the amounts of such assistance to be provided
to low-income tenants. In determining such amounts, the jurisdiction
imposing the requirement shall evaluate, and receive public testimony
on, what relocation expenses displaced tenants would reasonably incur
in that jurisdiction including:
(a) Actual physical moving costs and expenses;
(b) Advance payments required for moving into a new residence such
as the cost of first and last month's rent and security and damage
deposits;
(c) Utility connection fees and deposits; and
(d) Anticipated additional rent and utility costs in the residence
for one year after relocation.
(4)(a) Relocation assistance provided to low-income tenants under
this section shall not exceed two thousand dollars for each dwelling
unit displaced by actions of the property owner under subsection (1) of
this section. A city, town, county, or municipal corporation may make
future annual adjustments to the maximum amount of relocation
assistance required under this subsection in order to reflect any
changes in the housing component of the consumer price index as
published by the United States department of labor, bureau of labor
statistics.
(b) The property owner's portion of any relocation assistance
provided to low-income tenants under this section shall not exceed one-half of the required relocation assistance under (a) of this subsection
in cash or services.
(c) The portion of relocation assistance not covered by the
property owner under (b) of this subsection shall be paid by the city,
town, county, or municipal corporation authorized to require relocation
assistance under subsection (1) of this section. The relocation
assistance may be paid from proceeds collected from the excise tax
imposed under RCW 82.46.010.
(5) A city, town, county, or municipal corporation requiring the
provision of relocation assistance under this section shall adopt
policies, procedures, or regulations to implement such requirement.
Such policies, procedures, or regulations shall include provisions for
administrative hearings to resolve disputes between tenants and
property owners relating to relocation assistance or unlawful detainer
actions during relocation, and shall require a decision within thirty
days of a request for a hearing by either a tenant or property owner.
Judicial review of an administrative hearing decision relating to
relocation assistance may be had by filing a petition, within ten days
of the decision, in the superior court in the county where the
residential property is located. Judicial review shall be confined to
the record of the administrative hearing and the court may reverse the
decision only if the administrative findings, inferences, conclusions,
or decision is:
(a) In violation of constitutional provisions;
(b) In excess of the authority or jurisdiction of the
administrative hearing officer;
(c) Made upon unlawful procedure or otherwise is contrary to law;
or
(d) Arbitrary and capricious.
(6) Any city, town, county, or municipal corporation may require
relocation assistance, under the terms of this section, for otherwise
eligible tenants whose living arrangements are exempted from the
provisions of this chapter under RCW 59.18.040(3) and if the living
arrangement is considered to be a rental or lease not defined as a
retail sale under RCW 82.04.050.
(7)(a) Persons who move from a dwelling unit prior to the
application by the owner of the dwelling unit for any governmental
permit necessary for the demolition, substantial rehabilitation, or
change of use of residential property or prior to any notification or
filing required for condominium conversion shall not be entitled to the
assistance authorized by this section.
(b) Persons who move into a dwelling unit after the application for
any necessary governmental permit or after any required condominium
conversion notification or filing shall not be entitled to the
assistance authorized by this section if such persons receive written
notice from the property owner prior to taking possession of the
dwelling unit that specifically describes the activity or condition
that may result in their temporary or permanent displacement and
advises them of their ineligibility for relocation assistance.
Sec. 188 RCW 59.24.020 and 1995 c 399 s 157 are each amended to
read as follows:
(1) The department of ((community, trade, and economic
development)) commerce shall establish the rental security deposit
guarantee program. Through this program the department ((of community,
trade, and economic development)) shall provide grants and technical
assistance to local governments or nonprofit corporations, including
local housing authorities as defined in RCW 35.82.030, who operate
emergency housing shelters or transitional housing programs. The
grants are to be used for the payment of residential rental security
deposits under this chapter. The technical assistance is to help the
local government or nonprofit corporation apply for grants and carry
out the program. In order to be eligible for grants under this
program, the recipient local government or nonprofit corporation shall
provide fifteen percent of the total amount needed for the security
deposit. The security deposit may include last month's rent where such
rent is required as a normal practice by the landlord.
(2) The grants and matching funds shall be placed by the recipient
local government or nonprofit corporation in a revolving loan fund and
deposited in a bank or savings institution in an account that is
separate from all other funds of the recipient. The funds and interest
earned on these funds shall be utilized only as collateral to guarantee
the payment of a security deposit required by a residential rental
property owner as a condition for entering into a rental agreement with
a prospective tenant.
(3) Prospective tenants who are eligible to participate in the
rental security deposit guarantee program shall be limited to homeless
persons or families who are residing in an emergency shelter or
transitional housing operated by a local government or a nonprofit
corporation, or to families who are temporarily residing in a park,
car, or are otherwise without adequate shelter. The local government
or nonprofit corporation shall make a determination regarding the
person's or family's eligibility to participate in this program and a
determination that a local rental unit is available for occupation. A
determination of eligibility shall include, but is not limited to: (a)
A determination that the person or family is homeless or is in
transitional housing; (b) a verification of income and that the person
or family can reasonably make the monthly rental payment; and (c) a
determination that the person or family does not have the financial
resources to make the rental security deposit.
Sec. 189 RCW 59.24.050 and 1995 c 399 s 158 are each amended to
read as follows:
The department of ((community, trade, and economic development))
commerce may adopt rules to implement this chapter, including but not
limited to: (1) The eligibility of and the application process for
local governments and nonprofit corporations; (2) the criteria by which
grants and technical assistance shall be provided to local governments
and nonprofit corporations; and (3) the criteria local governments and
nonprofit corporations shall use in entering into contracts with
tenants and rental property owners.
Sec. 190 RCW 59.24.060 and 1995 c 399 s 159 are each amended to
read as follows:
The department of ((community, trade, and economic development))
commerce may receive such gifts, grants, or endowments from public or
private sources, as may be made from time to time, in trust or
otherwise, to be used by the department ((of community, trade, and
economic development)) for its programs, including the rental security
deposit guarantee program. Funds from the housing trust fund, chapter
43.185 RCW, up to one hundred thousand dollars, may be used for the
rental security deposit guarantee program by the department ((of
community, trade, and economic development)), local governments, and
nonprofit organizations, provided all the requirements of this chapter
and chapter 43.185 RCW are met.
Sec. 191 RCW 59.28.030 and 2000 c 255 s 2 are each amended to
read as follows:
(1) This chapter shall not apply to the expiration or termination
of a housing assistance contract between a public housing agency and an
owner of existing housing participating in either the section 8
certificate or voucher program (42 U.S.C. Sec. 1437f).
(2) An owner of federally assisted housing shall not be required to
give notice of a prepayment under this chapter, if the owner has: (a)
Entered into an agreement with a federal, state, or local agency
continuing existing, or imposing new, low-income use restrictions for
at least twenty years that ensure that the tenants residing in the
development at the time of prepayment are not involuntarily displaced
except for good cause and that the housing will continue to serve very
low and low-income families and persons in need of affordable housing;
and (b) served notice of the agreement on the clerk of the city, or
county if in an unincorporated area, in which the property is located,
on any public housing agency that would be responsible for
administering tenant-based rental assistance to persons who would
otherwise be displaced from this housing, and on the department of
((community, trade, and economic development)) commerce by regular and
certified mail and posted a copy of the agreement in a conspicuous
place at the development where it is likely to be seen by the tenants.
The posted agreement shall be maintained intact and in legible form for
the life of the agreement.
(3) An owner of federally assisted housing is not required to give
notice that a rental assistance contract is expiring if: (a) The owner
has entered into an agreement with the United States department of
housing and urban development or other federal, state, or local agency
to renew the rental assistance contract for a minimum of five years
subject to the availability of adequate appropriations; (b) the
agreement itself does not expire in less than twelve months; and (c)
the owner has served written notice of the agreement on the clerk of
the city, or county if in an unincorporated area, in which the property
is located, on any public housing agency that would be responsible for
administering tenant-based rental assistance to persons who would
otherwise be displaced from this housing, and on the department of
((community, trade, and economic development)) commerce, by regular and
certified mail and posted these notices in a conspicuous place at the
development where they are likely to be seen by the tenants. The
posted notices shall be maintained intact and in legible form for the
life of the agreement to renew the rental assistance contract.
Sec. 192 RCW 59.28.040 and 2002 c 30 s 3 are each amended to read
as follows:
Except as provided in RCW 59.28.030, all owners of federally
assisted housing shall, at least twelve months before the expiration of
the rental assistance contract or prepayment of a mortgage or loan,
serve a written notice of the anticipated expiration or prepayment date
on each tenant household residing in the housing, on the clerk of the
city, or clerk of the county legislative authority if in an
unincorporated area, in which the property is located, on any public
housing agency that would be responsible for administering tenant-based
rental assistance to persons who would otherwise be displaced from this
housing, and on the department of ((community, trade, and economic
development)) commerce, by regular and certified mail. All owners of
federally assisted housing shall also serve written notice of the
anticipated expiration or prepayment date on each tenant household that
moves into the housing after the initial notice has been given, but
before the expiration of the rental assistance contract or prepayment
of the mortgage or loan. This notice shall be given before a new
tenant is asked to execute a rental agreement or required to pay any
deposits.
Sec. 193 RCW 59.28.050 and 1995 c 399 s 161 are each amended to
read as follows:
This chapter shall not in any way prohibit an owner of federally
assisted housing from terminating a rental assistance contract or
prepaying a mortgage or loan. The requirement in this chapter for
notice shall not be construed as conferring any new or additional
regulatory power upon the city or county clerk or upon the department
of ((community, trade, and economic development)) commerce.
Sec. 194 RCW 59.28.060 and 2000 c 255 s 4 are each amended to
read as follows:
(1) The notice to tenants required by RCW 59.28.040 shall state:
(a) Whether the owner (i) intends to prepay the mortgage or loan or
allow the rental assistance contract to expire in order to operate the
housing without any low-income use restrictions, (ii) plans on renewing
the rental assistance contract subject to the availability of adequate
appropriations, or (iii) is seeking additional financial incentives or
higher rents as a condition of remaining in the federal program; (b)
the reason the owner plans on taking this action; (c) the owner's plans
for the project, including any timetables or deadlines for actions to
be taken by the owner and any specific federal, state, or local agency
approvals that the owner is required to obtain; (d) the anticipated
date of the prepayment of the mortgage or loan or expiration of the
rental assistance contract; (e) the effect, if any, that prepayment of
the mortgage or loan or expiration of the rental assistance contract
will have upon the tenants' rent and other terms of their rental
agreement; and (f) that additional information will be served on the
city or county, on the local public housing agency, and on the
department of ((community, trade, and economic development)) commerce
and will be posted at the development. The owner shall also include
with the notice written information, prepared by the department ((of
community, trade, and economic development under RCW 59.28.120(1))),
concerning the legal rights, responsibilities, and options of owners
and tenants when an owner intends to prepay a mortgage or loan or
terminate a rental assistance contract.
(2) The notice to the city or county clerk and to the department of
((community, trade, and economic development)) commerce required by RCW
59.28.040 shall state: (a) The name, location, and project number of
the federally assisted housing and the type of assistance received from
the federal government; (b) the number and size of units; (c) the age,
race, family size, and estimated incomes of the tenants who will be
affected by the prepayment of the loan or mortgage or expiration of the
federal assistance contract; (d) the current rents and projected rent
increases for each affected tenant after the prepayment of the mortgage
or loan or expiration of the rental assistance contract without
disclosing the identities of the affected tenants; (e) the availability
and type, if any, of rental assistance after the prepayment of the
mortgage or loan or expiration of the rental assistance contract; and
(f) the age, race, family size, and estimated incomes of any applicants
on the project's waiting list without disclosing the identities of the
applicants. The owner shall attach to this notice a copy of the notice
the owner sends to the tenants under this chapter.
(3) All owners of federally assisted housing shall immediately post
a copy of any notices they send the city or county clerk, any public
housing agency, and the department of ((community, trade, and economic
development)) commerce, under RCW 59.28.040, in a conspicuous place at
the development where they are likely to be seen by current and
prospective tenants. The notices shall be maintained intact and in
legible form for twelve months from the date they are posted.
All owners of federally assisted housing shall, upon request of any
state or local agency, provide the agency with a copy of any rent
comparability study, market analysis, or projected budget that they
submit to the United States department of housing and urban development
or other federal agency in conjunction with the prepayment of their
mortgage or loan or in anticipation of the expiration of their rental
assistance contract, together with any physical inspection reports or
capital needs assessments completed by the owner or federal agency
within the last three years.
Sec. 195 RCW 59.30.060 and 2007 c 431 s 7 are each amended to
read as follows:
The department must have the capability to compile, update, and
maintain the most accurate database possible of all the
manufactured/mobile home communities in the state, which must include
all of the information collected under RCW 59.30.050, except for the
addresses of each manufactured/mobile home lot within the
manufactured/mobile home community that is subject to chapter 59.20
RCW, which must be made available to the attorney general and the
department of ((community, trade, and economic development)) commerce
in a format to be determined by a collaborative agreement between the
department of licensing and the attorney general.
Sec. 196 RCW 64.34.442 and 2008 c 113 s 3 are each amended to
read as follows:
(1) All cities and counties planning under RCW 36.70A.040, which
have allowed any conversion condominiums within the jurisdiction within
the previous twelve-month period, must report annually to the
department of ((community, trade, and economic development)) commerce
the following information:
(a) The total number of apartment units converted into
condominiums;
(b) The total number of conversion condominium projects; and
(c) The total number of apartment tenants who receive relocation
assistance.
(2) Upon completion of a conversion condominium project, a city or
county may require the declarant to provide the information described
in subsection (1) of this section to the appropriately designated
department or agency in the city or county for the purpose of complying
with subsection (1) of this section.
Sec. 197 RCW 66.08.195 and 2001 c 8 s 1 are each amended to read
as follows:
For the purposes of this chapter:
(1) "Border area" means any incorporated city or town, or
unincorporated area, located within seven miles of the Washington-Canadian border or any unincorporated area that is a point of land
surrounded on three sides by saltwater and adjacent to the Canadian
border.
(2) "Border area per-capita law-enforcement spending" equals total
per capita expenditures in a border area on: Law enforcement operating
costs, court costs, law enforcement-related insurance, and detention
expenses, minus funds allocated to a border area under RCW 66.08.190
and 66.08.196.
(3) "Border-crossing traffic total" means the number of vehicles,
vessels, and aircraft crossing into the United States through a United
States customs service border crossing that enter into the border area
during a federal fiscal year, using border crossing statistics and
criteria included in guidelines adopted by the department of
((community, trade, and economic development)) commerce.
(4) "Border-related crime statistic" means the sum of infractions
and citations issued, and arrests of persons permanently residing
outside Washington state in a border area during a calendar year.
Sec. 198 RCW 66.08.198 and 1995 c 159 s 4 are each amended to
read as follows:
The department of ((community, trade, and economic development))
commerce shall develop guidelines to determine the figures used under
the three distribution factors defined in RCW 66.08.195. At the
request of any border community, the department may review these
guidelines once every three years.
Sec. 199 RCW 67.28.1816 and 2008 c 28 s 1 are each amended to
read as follows:
(1) Lodging tax revenues under this chapter may be used, directly
by local jurisdictions or indirectly through a convention and visitors
bureau or destination marketing organization, for the marketing and
operations of special events and festivals and to support the
operations and capital expenditures of tourism-related facilities owned
by nonprofit organizations described under section 501(c)(3) and
section 501(c)(6) of the internal revenue code of 1986, as amended.
(2) Local jurisdictions that use the lodging tax revenues under
this section must submit an annual economic impact report to the
department of ((community, trade, and economic development)) commerce
for expenditures made beginning January 1, 2008. These reports must
include the expenditures by the local jurisdiction for tourism
promotion purposes and what is used by a nonprofit organization exempt
from taxation under 26 U.S.C. Sec. 501(c)(3) or 501(c)(6). This
economic impact report, at a minimum, must include: (a) The total
revenue received under this chapter for each year; (b) the list of
festivals, special events, or nonprofit 501(c)(3) or 501(c)(6)
organizations that received funds under this chapter; (c) the list of
festivals, special events, or tourism facilities sponsored or owned by
the local jurisdiction that received funds under this chapter; (d) the
amount of revenue expended on each festival, special event, or
tourism-related facility owned or sponsored by a nonprofit 501(c)(3) or
501(c)(6) organization or local jurisdiction; (e) the estimated number
of tourists, persons traveling over fifty miles to the destination,
persons remaining at the destination overnight, and lodging stays
generated per festival, special event, or tourism-related facility
owned or sponsored by a nonprofit 501(c)(3) or 501(c)(6) organization
or local jurisdiction; and (f) any other measurements the local
government finds that demonstrate the impact of the increased tourism
attributable to the festival, special event, or tourism-related
facility owned or sponsored by a nonprofit 501(c)(3) or 501(c)(6)
organization or local jurisdiction.
(3) The joint legislative audit and review committee must report to
the legislature and the governor on the use and economic impact of
lodging tax revenues by local jurisdictions since January 1, 2008, to
support festivals, special events, and tourism-related facilities owned
or sponsored by a nonprofit organization under section 501(c)(3) or
501(c)(6) of the internal revenue code of 1986, as amended, or a local
jurisdiction, and the economic impact generated by these festivals,
events, and facilities. This report shall be due September 1, 2012.
(4) Reporting under this section must begin with calendar year
2008.
(5) This section expires June 30, 2013.
Sec. 200 RCW 67.38.070 and 1995 c 399 s 167 are each amended to
read as follows:
The comprehensive cultural arts, stadium and convention plan
adopted by the district shall be reviewed by the department of
((community, trade, and economic development)) commerce to determine:
(1) Whether the plan will enhance the progress of the state and
provide for the general welfare of the population; and
(2) Whether such plan is eligible for matching federal funds.
After reviewing the comprehensive cultural arts, stadium and
convention plan, the department of ((community, trade, and economic
development)) commerce shall have sixty days in which to approve such
plan and to certify to the state treasurer that such district shall be
eligible to receive funds. To be approved a plan shall provide for
coordinated cultural arts, stadium and convention planning, and be
consistent with the public cultural arts, stadium and convention
coordination criteria in a manner prescribed by chapter 35.60 RCW. In
the event such comprehensive plan is disapproved and ruled ineligible
to receive funds, the department ((of community, trade, and economic
development)) shall provide written notice to the district within
thirty days as to the reasons for such plan's disapproval and such
ineligibility. The district may resubmit such plan upon
reconsideration and correction of such deficiencies cited in such
notice of disapproval.
Sec. 201 RCW 70.05.125 and 2009 c 479 s 48 are each amended to
read as follows:
(1) The county public health account is created in the state
treasury. Funds deposited in the county public health account shall be
distributed by the state treasurer to each local public health
jurisdiction based upon amounts certified to it by the department of
((community, trade, and economic development)) commerce in consultation
with the Washington state association of counties. The account shall
include funds distributed under RCW 82.14.200(8) and such funds as are
appropriated to the account from the state general fund, the public
health services account under RCW 43.72.902, and such other funds as
the legislature may appropriate to it.
(2)(a) The director of ((the department of community, trade, and
economic development)) commerce shall certify the amounts to be
distributed to each local public health jurisdiction using 1995 as the
base year of actual city contributions to local public health.
(b) Only if funds are available and in an amount no greater than
available funds under RCW 82.14.200(8), the department of ((community,
trade, and economic development)) commerce shall adjust the amount
certified under (a) of this subsection to compensate for any annexation
of an area with fifty thousand residents or more to any city as a
result of a petition during calendar year 1996 or 1997, or for any city
that became newly incorporated as a result of an election during
calendar year 1994 or 1995. The amount to be adjusted shall be equal
to the amount which otherwise would have been lost to the health
jurisdiction due to the annexation or incorporation as calculated using
the jurisdiction's 1995 funding formula.
(c) The county treasurer shall certify the actual 1995 city
contribution to the department. Funds in excess of the base shall be
distributed proportionately among the health jurisdictions based on
incorporated population figures as last determined by the office of
financial management.
(3) Moneys distributed under this section shall be expended
exclusively for local public health purposes.
Sec. 202 RCW 70.62.290 and 1994 c 250 s 8 are each amended to
read as follows:
Rules establishing fire and life safety requirements, not
inconsistent with the provisions of this chapter, shall continue to be
adopted by the director of ((community, trade, and economic
development)) commerce, through the director of fire protection.
Sec. 203 RCW 70.94.537 and 2006 c 329 s 7 are each amended to
read as follows:
(1) A sixteen member state commute trip reduction board is
established as follows:
(a) The secretary of the department of transportation or the
secretary's designee who shall serve as chair;
(b) One representative from the office of the governor or the
governor's designee;
(c) The director or the director's designee of one of the following
agencies, to be determined by the governor:
(i) Department of general administration;
(ii) Department of ecology;
(iii) Department of ((community, trade, and economic development))
commerce;
(d) Three representatives from cities and towns or counties
appointed by the governor for staggered four-year terms from a list
recommended by the association of Washington cities or the Washington
state association of counties;
(e) Two representatives from transit agencies appointed by the
governor for staggered four-year terms from a list recommended by the
Washington state transit association;
(f) Two representatives from participating regional transportation
planning organizations appointed by the governor for staggered four-year terms;
(g) Four representatives of employers at or owners of major
worksites in Washington, or transportation management associations,
business improvement areas, or other transportation organizations
representing employers, appointed by the governor for staggered four-year terms; and
(h) Two citizens appointed by the governor for staggered four-year
terms.
Members of the commute trip reduction board shall serve without
compensation but shall be reimbursed for travel expenses as provided in
RCW 43.03.050 and 43.03.060. Members appointed by the governor shall
be compensated in accordance with RCW 43.03.220. The board has all
powers necessary to carry out its duties as prescribed by this chapter.
(2) By March 1, 2007, the department of transportation shall
establish rules for commute trip reduction plans and implementation
procedures. The commute trip reduction board shall advise the
department on the content of the rules. The rules are intended to
ensure consistency in commute trip reduction plans and goals among
jurisdictions while fairly taking into account differences in
employment and housing density, employer size, existing and anticipated
levels of transit service, special employer circumstances, and other
factors the board determines to be relevant. The rules shall include:
(a) Guidance criteria for growth and transportation efficiency
centers;
(b) Data measurement methods and procedures for determining the
efficacy of commute trip reduction activities and progress toward
meeting commute trip reduction plan goals;
(c) Model commute trip reduction ordinances;
(d) Methods for assuring consistency in the treatment of employers
who have worksites subject to the requirements of this chapter in more
than one jurisdiction;
(e) An appeals process by which major employers, who as a result of
special characteristics of their business or its locations would be
unable to meet the requirements of a commute trip reduction plan, may
obtain a waiver or modification of those requirements and criteria for
determining eligibility for waiver or modification;
(f) Establishment of a process for determining the state's affected
areas, including criteria and procedures for regional transportation
planning organizations in consultation with local jurisdictions to
propose to add or exempt urban growth areas;
(g) Listing of the affected areas of the program to be done every
four years as identified in subsection (5) of this section;
(h) Establishment of a criteria and application process to
determine whether jurisdictions that voluntarily implement commute trip
reduction are eligible for state funding;
(i) Guidelines and deadlines for creating and updating local
commute trip reduction plans, including guidance to ensure consistency
between the local commute trip reduction plan and the transportation
demand management strategies identified in the transportation element
in the local comprehensive plan, as required by RCW 36.70A.070;
(j) Guidelines for creating and updating regional commute trip
reduction plans, including guidance to ensure the regional commute trip
reduction plan is consistent with and incorporated into transportation
demand management components in the regional transportation plan;
(k) Methods for regional transportation planning organizations to
evaluate and certify that designated growth and transportation
efficiency center programs meet the minimum requirements and are
eligible for funding;
(l) Guidelines for creating and updating growth and transportation
efficiency center programs; and
(m) Establishment of statewide program goals. The goals shall be
designed to achieve substantial reductions in the proportion of
single-occupant vehicle commute trips and the commute trip vehicle
miles traveled per employee, at a level that is projected to improve
the mobility of people and goods by increasing the efficiency of the
state highway system.
(3) The board shall create a state commute trip reduction plan that
shall be updated every four years as discussed in subsection (5) of
this section. The state commute trip reduction plan shall include, but
is not limited to: (a) Statewide commute trip reduction program goals
that are designed to substantially improve the mobility of people and
goods; (b) identification of strategies at the state and regional
levels to achieve the goals and recommendations for how transportation
demand management strategies can be targeted most effectively to
support commute trip reduction program goals; (c) performance measures
for assessing the cost-effectiveness of commute trip reduction
strategies and the benefits for the state transportation system; and
(d) a sustainable financial plan. The board shall review and approve
regional commute trip reduction plans, and work collaboratively with
regional transportation planning organizations in the establishment of
the state commute trip reduction plan.
(4) The board shall work with affected jurisdictions, major
employers, and other parties to develop and implement a public
awareness campaign designed to increase the effectiveness of local
commute trip reduction programs and support achievement of the
objectives identified in this chapter.
(5) The board shall evaluate and update the commute trip reduction
program plan and recommend changes to the rules every four years, with
the first assessment report due July 1, 2011, to ensure that the latest
data methodology used by the department of transportation is
incorporated into the program and to determine which areas of the state
should be affected by the program. The board shall review the
definition of a major employer no later than December 1, 2009. The
board shall regularly identify urban growth areas that are projected to
be affected by chapter 329, Laws of 2006 in the next four-year period
and may provide advance planning support to the potentially affected
jurisdictions.
(6) The board shall review progress toward implementing commute
trip reduction plans and programs and the costs and benefits of commute
trip reduction plans and programs and shall make recommendations to the
legislature and the governor by December 1, 2009, and every two years
thereafter. In assessing the costs and benefits, the board shall
consider the costs of not having implemented commute trip reduction
plans and programs with the assistance of the transportation
performance audit board authorized under chapter 44.75 RCW. The board
shall examine other transportation demand management programs
nationally and incorporate its findings into its recommendations to the
legislature. The recommendations shall address the need for
continuation, modification, or termination or any or all requirements
of this chapter.
(7) The board shall invite personnel with appropriate expertise
from state, regional, and local government, private, public, and
nonprofit providers of transportation services, and employers or owners
of major worksites in Washington to act as a technical advisory group.
The technical advisory group shall advise the board on the
implementation of local and regional commute trip reduction plans and
programs, program evaluation, program funding allocations, and state
rules and guidelines.
Sec. 204 RCW 70.94.551 and 2009 c 427 s 3 are each amended to
read as follows:
(1) The secretary of the department of transportation may
coordinate an interagency board or other interested parties for the
purpose of developing policies or guidelines that promote consistency
among state agency commute trip reduction programs required by RCW
70.94.527 and 70.94.531 or developed under the joint comprehensive
commute trip reduction plan described in this section. The board shall
include representatives of the departments of transportation, general
administration, ecology, and ((community, trade, and economic
development)) commerce and such other departments and interested groups
as the secretary of the department of transportation determines to be
necessary. Policies and guidelines shall be applicable to all state
agencies including but not limited to policies and guidelines regarding
parking and parking charges, employee incentives for commuting by other
than single-occupant automobiles, flexible and alternative work
schedules, alternative worksites, and the use of state-owned vehicles
for car and van pools and guaranteed rides home. The policies and
guidelines shall also consider the costs and benefits to state agencies
of achieving commute trip reductions and consider mechanisms for
funding state agency commute trip reduction programs.
(2) State agencies sharing a common location in affected urban
growth areas where the total number of state employees is one hundred
or more shall, with assistance from the department of transportation,
develop and implement a joint commute trip reduction program. The
worksite must be treated as specified in RCW 70.94.531 and 70.94.534.
(3) The department of transportation shall develop a joint
comprehensive commute trip reduction plan for all state agencies,
including institutions of higher education, located in the Olympia,
Lacey, and Tumwater urban growth areas.
(a) In developing the joint comprehensive commute trip reduction
plan, the department of transportation shall work with applicable state
agencies, including institutions of higher education, and shall
collaborate with the following entities: Local jurisdictions; regional
transportation planning organizations as described in chapter 47.80
RCW; transit agencies, including regional transit authorities as
described in chapter 81.112 RCW and transit agencies that serve areas
within twenty- five miles of the Olympia, Lacey, or Tumwater urban
growth areas; and the capitol campus design advisory committee
established in RCW 43.34.080.
(b) The joint comprehensive commute trip reduction plan must build
on existing commute trip reduction programs and policies. At a
minimum, the joint comprehensive commute trip reduction plan must
include strategies for telework and flexible work schedules, parking
management, and consideration of the impacts of worksite location and
design on multimodal transportation options.
(c) The joint comprehensive commute trip reduction plan must
include performance measures and reporting methods and requirements.
(d) The joint comprehensive commute trip reduction plan may include
strategies to accommodate differences in worksite size and location.
(e) The joint comprehensive commute trip reduction plan must be
consistent with jurisdictional and regional transportation, land use,
and commute trip reduction plans, the state six-year facilities plan,
and the master plan for the capitol of the state of Washington.
(f) Not more than ninety days after the adoption of the joint
comprehensive commute trip reduction plan, state agencies within the
three urban growth areas must implement a commute trip reduction
program consistent with the objectives and strategies of the joint
comprehensive commute trip reduction plan.
(4) The department of transportation shall review the initial
commute trip reduction program of each state agency subject to the
commute trip reduction plan for state agencies to determine if the
program is likely to meet the applicable commute trip reduction goals
and notify the agency of any deficiencies. If it is found that the
program is not likely to meet the applicable commute trip reduction
goals, the department of transportation will work with the agency to
modify the program as necessary.
(5) Each state agency implementing a commute trip reduction plan
shall report at least once per year to its agency director on the
performance of the agency's commute trip reduction program as part of
the agency's quality management, accountability, and performance system
as defined by RCW 43.17.385. The reports shall assess the performance
of the program, progress toward state goals established under RCW
70.94.537, and recommendations for improving the program.
(6) The department of transportation shall review the agency
performance reports defined in subsection (5) of this section and
submit a biennial report for state agencies subject to this chapter to
the governor and incorporate the report in the commute trip reduction
board report to the legislature as directed in RCW 70.94.537(6). The
report shall include, but is not limited to, an evaluation of the most
recent measurement results, progress toward state goals established
under RCW 70.94.537, and recommendations for improving the performance
of state agency commute trip reduction programs. The information shall
be reported in a form established by the commute trip reduction board.
Sec. 205 RCW 70.95.260 and 1995 c 399 s 189 are each amended to
read as follows:
The department shall in addition to its other powers and duties:
(1) Cooperate with the appropriate federal, state, interstate and
local units of government and with appropriate private organizations in
carrying out the provisions of this chapter.
(2) Coordinate the development of a solid waste management plan for
all areas of the state in cooperation with local government, the
department of ((community, trade, and economic development)) commerce,
and other appropriate state and regional agencies. The plan shall
relate to solid waste management for twenty years in the future and
shall be reviewed biennially, revised as necessary, and extended so
that perpetually the plan shall look to the future for twenty years as
a guide in carrying out a state coordinated solid waste management
program. The plan shall be developed into a single integrated document
and shall be adopted no later than October 1990. The plan shall be
revised regularly after its initial completion so that local
governments revising local comprehensive solid waste management plans
can take advantage of the data and analysis in the state plan.
(3) Provide technical assistance to any person as well as to
cities, counties, and industries.
(4) Initiate, conduct, and support research, demonstration
projects, and investigations, and coordinate research programs
pertaining to solid waste management systems.
(5) Develop statewide programs to increase public awareness of and
participation in tire recycling, and to stimulate and encourage local
private tire recycling centers and public participation in tire
recycling.
(6) May, under the provisions of the Administrative Procedure Act,
chapter 34.05 RCW, as now or hereafter amended, from time to time
promulgate such rules and regulations as are necessary to carry out the
purposes of this chapter.
Sec. 206 RCW 70.95.265 and 1995 c 399 s 190 are each amended to
read as follows:
The department shall work closely with the department of
((community, trade, and economic development)) commerce, the department
of general administration, and with other state departments and
agencies, the Washington state association of counties, the association
of Washington cities, and business associations, to carry out the
objectives and purposes of chapter 41, Laws of 1975-'76 2nd ex. sess.
Sec. 207 RCW 70.95.810 and 1998 c 245 s 132 are each amended to
read as follows:
(1) In order to establish the feasibility of composting food and
yard wastes, the department shall provide funds, as available, to local
governments submitting a proposal to compost such wastes.
(2) The department, in cooperation with the department of
((community, trade, and economic development)) commerce, may approve an
application if the project can demonstrate the essential parameters for
successful composting, including, but not limited to, cost-effectiveness, handling and safety requirements, and current and
potential markets.
Sec. 208 RCW 70.95H.007 and 1995 c 399 s 192 are each amended to
read as follows:
There is created the clean Washington center within the department
of ((community, trade, and economic development)) commerce. As used in
this chapter, "center" means the clean Washington center.
Sec. 209 RCW 70.95H.050 and 1995 c 399 s 194 are each amended to
read as follows:
The center shall solicit financial contributions and support from
manufacturing industries and other private sector sources, foundations,
and grants from governmental sources to assist in conducting its
activities. It may also use separately appropriated funds of the
department of ((community, trade, and economic development)) commerce
for the center's activities.
Sec. 210 RCW 70.95N.290 and 2008 c 79 s 1 are each amended to
read as follows:
(1)(a) The authority is governed by a board of directors. The
board of directors is comprised of eleven participating manufacturers,
appointed by the director of the department. Five board positions are
reserved for representatives of the top ten brand owners by return
share of covered electronic products, and six board positions are
reserved for representatives of other brands, including at least one
board position reserved for a manufacturer who is also a retailer
selling their own private label. The return share of covered
electronic products used to determine the top ten brand owners for
purposes of electing the board must be determined by the department by
January 1, 2007.
(b) The board must have representation from both television and
computer manufacturers.
(2) The board shall select from its membership the chair of the
board and such other officers as it deems appropriate.
(3) A majority of the board constitutes a quorum.
(4) The directors of the department of ((community, trade, and
economic development)) commerce and the department of ecology serve as
ex officio members. The state agency directors serving in ex officio
capacity may each designate an employee of their respective departments
to act on their behalf in all respects with regard to any matter to
come before the authority. Ex officio designations must be made in
writing and communicated to the authority director.
(5) The board shall create its own bylaws in accordance with the
laws of the state of Washington.
(6) Any member of the board may be removed for misfeasance,
malfeasance, or willful neglect of duty after notice and a public
hearing, unless the notice and hearing are expressly waived in writing
by the affected member.
(7) The members of the board serve without compensation but are
entitled to reimbursement, solely from the funds of the authority, for
expenses incurred in the discharge of their duties under this chapter.
Sec. 211 RCW 70.95N.330 and 2006 c 183 s 34 are each amended to
read as follows:
(1) The authority shall employ a chief executive officer, appointed
by the board, and a chief financial officer, as well as professional,
technical, and support staff, appointed by the chief executive officer,
necessary to carry out its duties.
(2) Employees of the authority are not classified employees of the
state. Employees of the authority are exempt from state service rules
and may receive compensation only from the authority at rates
competitive with state service.
(3) The authority may retain its own legal counsel.
(4) The departments of ecology and ((community, trade, and economic
development)) commerce shall provide staff to assist in the creation of
the authority. If requested by the authority, the departments of
ecology and ((community, trade, and economic development)) commerce
shall also provide start-up support staff to the authority for its
first twelve months of operation, or part thereof, to assist in the
quick establishment of the authority. Staff expenses must be paid
through funds collected by the authority and must be reimbursed to the
departments from the authority's financial resources within the first
twenty-four months of operation.
(5) In addition to accomplishing the activities specifically
authorized in this chapter, the authority may:
(a) Maintain an office or offices;
(b) Make and execute all manner of contracts, agreements, and
instruments and financing documents with public and private parties as
the authority deems necessary, useful, or convenient to accomplish its
purposes;
(c) Make expenditures as appropriate for paying the administrative
costs and expenses of the authority in carrying out the provisions of
this chapter;
(d) Give assistance to private and public bodies contracted to
provide collection, transportation, and recycling services by providing
information, guidelines, forms, and procedures for implementing their
programs;
(e) Delegate, through contract, any of its powers and duties if
consistent with the purposes of this chapter; and
(f) Exercise any other power the authority deems necessary, useful,
or convenient to accomplish its purposes and exercise the powers
expressly granted in this chapter.
Sec. 212 RCW 70.103.010 and 2003 c 322 s 1 are each amended to
read as follows:
(1) The legislature finds that lead hazards associated with lead-based paint represent a significant and preventable environmental
health problem. Lead-based paint is the most widespread of the various
sources of lead exposure to the public. Census data show that one
million five hundred sixty thousand homes in Washington state were
built prior to 1978 when the sale of residential lead-based paint was
banned. These are homes that are believed to contain some lead-based
paint.
Lead negatively affects every system of the body. It is harmful to
individuals of all ages and is especially harmful to children, fetuses,
and adults of childbearing age. The effects of lead on a child's
cognitive, behavioral, and developmental abilities may necessitate
large expenditures of public funds for health care and special
education. The irreversible damage to children and subsequent
expenditures could be avoided if exposure to lead is reduced.
(2) The federal government regulates lead poisoning and lead hazard
reduction through:
(a)(i) The lead-based paint poisoning prevention act;
(ii) The lead contamination control act;
(iii) The safe drinking water act;
(iv) The resource conservation and recovery act of 1976; and
(v) The residential lead-based paint hazard reduction act of 1992;
and
(b) Implementing regulations of:
(i) The environmental protection agency;
(ii) The department of housing and urban development;
(iii) The occupational safety and health administration; and
(iv) The centers for disease control and prevention.
(3) In 1992, congress passed the federal residential lead-based
paint hazard reduction act, which allows states to provide for the
accreditation of lead-based paint activities programs, the
certification of persons completing such training programs, and the
licensing of lead-based paint activities contractors under standards
developed by the United States environmental protection agency.
(4) The legislature recognizes the state's need to protect the
public from exposure to lead hazards. A qualified and properly trained
workforce is needed to assist in the prevention, detection, reduction,
and elimination of hazards associated with lead-based paint. The
purpose of training workers, supervisors, inspectors, risk assessors,
and project designers engaged in lead-based paint activities is to
protect building occupants, particularly children ages six years and
younger from potential lead-based paint hazards and exposures both
during and after lead-based paint activities. Qualified and properly
trained individuals and firms will help to ensure lead-based paint
activities are conducted in a way that protects the health of the
citizens of Washington state and safeguards the environment. The state
lead-based paint activities program requires that all lead-based paint
activities be performed by certified personnel trained by an accredited
program, and that all lead-based paint activities meet minimum work
practice standards established by the department ((of community, trade,
and economic development)). Therefore, the lead-based paint activities
accreditation, training, and certification program shall be established
in accordance with this chapter. The lead-based paint activities
accreditation, training, and certification program shall be
administered by the department ((of community, trade, and economic
development)) and shall be used as a means to assure the protection of
the general public from exposure to lead hazards.
(5) For the welfare of the people of the state of Washington, this
chapter establishes a lead-based paint activities program within the
department ((of community, trade, and economic development)) to protect
the general public from exposure to lead hazards and to ensure the
availability of a trained and qualified workforce to identify and
address lead-based paint hazards. The legislature recognizes the
department ((of community, trade, and economic development)) is not a
regulatory agency and may delegate enforcement responsibilities under
chapter 322, Laws of 2003 to local governments or private entities.
Sec. 213 RCW 70.105.020 and 1994 c 264 s 42 are each amended to
read as follows:
The department after notice and public hearing shall:
(1) Adopt regulations designating as extremely hazardous wastes
subject to the provisions of this chapter those substances which
exhibit characteristics consistent with the definition provided in RCW
70.105.010(((6))) (7);
(2) Adopt and may revise when appropriate, minimum standards and
regulations for disposal of extremely hazardous wastes to protect
against hazards to the public, and to the environment. Before adoption
of such standards and regulations, the department shall consult with
appropriate agencies of interested local governments and secure
technical assistance from the department of agriculture, the department
of social and health services, the department of fish and wildlife, the
department of natural resources, the department of labor and
industries, and the department of ((community, trade, and economic
development)) commerce, through the director of fire protection.
Sec. 214 RCW 70.114A.070 and 1995 c 220 s 7 are each amended to
read as follows:
The department of ((community, trade, and economic development))
commerce shall contract with private, nonprofit corporations to provide
technical assistance to any private individual or nonprofit
organization wishing to construct temporary or permanent worker
housing. The assistance may include information on state and local
application and approval procedures, information or assistance in
applying for federal, state, or local financial assistance, including
tax incentives, information on cost-effective housing designs, or any
other assistance the department of ((community, trade, and economic
development)) commerce may deem helpful in obtaining the active
participation of private individuals or groups in constructing or
operating temporary or permanent worker housing.
Sec. 215 RCW 70.119A.170 and 2001 c 141 s 4 are each amended to
read as follows:
(1) A drinking water assistance account is created in the state
treasury. Such subaccounts as are necessary to carry out the purposes
of this chapter are permitted to be established within the account.
Therefore, the drinking water assistance administrative account and the
drinking water assistance repayment account are created in the state
treasury. The purpose of the account is to allow the state to use any
federal funds that become available to states from congress to fund a
state revolving loan fund program as part of the reauthorization of the
federal safe drinking water act. Expenditures from the account may
only be made by the secretary, the public works board, or the
department of ((community, trade, and economic development)) commerce,
after appropriation. Moneys in the account may only be used,
consistent with federal law, to assist water systems to provide safe
drinking water through a program administered through the department of
health, the public works board, and the department of ((community,
trade, and economic development)) commerce and for other activities
authorized under federal law. Money may be placed in the account from
the proceeds of bonds when authorized by the legislature, transfers
from other state funds or accounts, federal capitalization grants or
other financial assistance, all repayments of moneys borrowed from the
account, all interest payments made by borrowers from the account or
otherwise earned on the account, or any other lawful source. All
interest earned on moneys deposited in the account, including
repayments, shall remain in the account and may be used for any
eligible purpose. Moneys in the account may only be used to assist
local governments and water systems to provide safe and reliable
drinking water, for other services and assistance authorized by federal
law to be funded from these federal funds, and to administer the
program.
(2) The department and the public works board shall establish and
maintain a program to use the moneys in the drinking water assistance
account as provided by the federal government under the safe drinking
water act. The department and the public works board, in consultation
with purveyors, local governments, local health jurisdictions,
financial institutions, commercial construction interests, other state
agencies, and other affected and interested parties, shall by January
1, 1999, adopt final joint rules and requirements for the provision of
financial assistance to public water systems as authorized under
federal law. Prior to the effective date of the final rules, the
department and the public works board may establish and utilize
guidelines for the sole purpose of ensuring the timely procurement of
financial assistance from the federal government under the safe
drinking water act, but such guidelines shall be converted to rules by
January 1, 1999. The department and the public works board shall make
every reasonable effort to ensure the state's receipt and disbursement
of federal funds to eligible public water systems as quickly as
possible after the federal government has made them available. By
December 15, 1997, the department and the public works board shall
provide a report to the appropriate committees of the legislature
reflecting the input from the affected interests and parties on the
status of the program. The report shall include significant issues and
concerns, the status of rule making and guidelines, and a plan for the
adoption of final rules.
(3) If the department, public works board, or any other department,
agency, board, or commission of state government participates in
providing service under this section, the administering entity shall
endeavor to provide cost-effective and timely services. Mechanisms to
provide cost-effective and timely services include: (a) Adopting
federal guidelines by reference into administrative rules; (b) using
existing management mechanisms rather than creating new administrative
structures; (c) investigating the use of service contracts, either with
other governmental entities or with nongovernmental service providers;
(d) the use of joint or combined financial assistance applications; and
(e) any other method or practice designed to streamline and expedite
the delivery of services and financial assistance.
(4) The department shall have the authority to establish assistance
priorities and carry out oversight and related activities, other than
financial administration, with respect to assistance provided with
federal funds. The department, the public works board, and the
department of ((community, trade, and economic development)) commerce
shall jointly develop, with the assistance of water purveyors and other
affected and interested parties, a memorandum of understanding setting
forth responsibilities and duties for each of the parties. The
memorandum of understanding at a minimum, shall include:
(a) Responsibility for developing guidelines for providing
assistance to public water systems and related oversight prioritization
and oversight responsibilities including requirements for
prioritization of loans or other financial assistance to public water
systems;
(b) Department submittal of preapplication information to the
public works board for review and comment;
(c) Department submittal of a prioritized list of projects to the
public works board for determination of:
(i) Financial capability of the applicant; and
(ii) Readiness to proceed, or the ability of the applicant to
promptly commence the project;
(d) A process for determining consistency with existing water
resource planning and management, including coordinated water supply
plans, regional water resource plans, and comprehensive plans under the
growth management act, chapter 36.70A RCW;
(e) A determination of:
(i) Least-cost solutions, including consolidation and restructuring
of small systems, where appropriate, into more economical units;
(ii) The provision of regional facilities;
(iii) Projects and activities that facilitate compliance with the
federal safe drinking water act; and
(iv) Projects and activities that are intended to achieve the
public health objectives of federal and state drinking water laws;
(f) Implementation of water conservation and other demand
management measures consistent with state guidelines for water
utilities;
(g) Assistance for the necessary planning and engineering to assure
that consistency, coordination, and proper professional review are
incorporated into projects or activities proposed for funding;
(h) Minimum standards for water system capacity, financial
viability, and water system planning;
(i) Testing and evaluation of the water quality of the state's
public water system to assure that priority for financial assistance is
provided to systems and areas with threats to public health from
contaminated supplies and reduce in appropriate cases the substantial
increases in costs and rates that customers of small systems would
otherwise incur under the monitoring and testing requirements of the
federal safe drinking water act;
(j) Coordination, to the maximum extent possible, with other state
programs that provide financial assistance to public water systems and
state programs that address existing or potential water quality or
drinking contamination problems;
(k) Definitions of "affordability" and "disadvantaged community"
that are consistent with these and similar terms in use by other state
or federal assistance programs;
(l) Criteria for the financial assistance program for public water
systems, which shall include, but are not limited to:
(i) Determining projects addressing the most serious risk to human
health;
(ii) Determining the capacity of the system to effectively manage
its resources, including meeting state financial viability criteria;
and
(iii) Determining the relative benefit to the community served; and
(m) Ensure that each agency fulfills the audit, accounting, and
reporting requirements under federal law for its portion of the
administration of this program.
(5) The department and the public works board shall begin the
process to disburse funds no later than October 1, 1997, and shall
adopt such rules as are necessary under chapter 34.05 RCW to administer
the program by January 1, 1999.
Sec. 216 RCW 70.119A.190 and 2008 c 214 s 2 are each amended to
read as follows:
Subject to the availability of amounts appropriated for this
specific purpose, the department shall provide financial assistance
through a water system acquisition and rehabilitation program, hereby
created. The program shall be jointly administered with the public
works board and the department of ((community, trade, and economic
development)) commerce. The agencies shall adopt guidelines for the
program using as a model the procedures and criteria of the drinking
water revolving loan program authorized under RCW 70.119A.170. All
financing provided through the program must be in the form of grants
that partially cover project costs. The maximum grant to any eligible
entity may not exceed twenty-five percent of the funds allocated to the
appropriation in any fiscal year.
Sec. 217 RCW 70.136.030 and 1995 c 399 s 197 are each amended to
read as follows:
The governing body of each applicable political subdivision of this
state shall designate a hazardous materials incident command agency
within its respective boundaries, and file this designation with the
director of ((community, trade, and economic development)) commerce.
In designating an incident command agency, the political subdivision
shall consider the training, manpower, expertise, and equipment of
various available agencies as well as the Uniform Fire Code and other
existing codes and regulations. Along state and interstate highway
corridors, the Washington state patrol shall be the designated incident
command agency unless by mutual agreement that role has been assumed by
another designated incident command agency. If a political subdivision
has not designated an incident command agency within six months after
July 26, 1987, the Washington state patrol shall then assume the role
of incident command agency by action of the chief until a designation
has been made.
Sec. 218 RCW 70.235.020 and 2008 c 14 s 3 are each amended to
read as follows:
(1)(a) The state shall limit emissions of greenhouse gases to
achieve the following emission reductions for Washington state:
(i) By 2020, reduce overall emissions of greenhouse gases in the
state to 1990 levels;
(ii) By 2035, reduce overall emissions of greenhouse gases in the
state to twenty-five percent below 1990 levels;
(iii) By 2050, the state will do its part to reach global climate
stabilization levels by reducing overall emissions to fifty percent
below 1990 levels, or seventy percent below the state's expected
emissions that year.
(b) By December 1, 2008, the department shall submit a greenhouse
gas reduction plan for review and approval to the legislature,
describing those actions necessary to achieve the emission reductions
in (a) of this subsection by using existing statutory authority and any
additional authority granted by the legislature. Actions taken using
existing statutory authority may proceed prior to approval of the
greenhouse gas reduction plan.
(c) Except where explicitly stated otherwise, nothing in chapter
14, Laws of 2008 limits any state agency authorities as they existed
prior to June 12, 2008.
(d) Consistent with this directive, the department shall take the
following actions:
(i) Develop and implement a system for monitoring and reporting
emissions of greenhouse gases as required under RCW 70.94.151; and
(ii) Track progress toward meeting the emission reductions
established in this subsection, including the results from policies
currently in effect that have been previously adopted by the state and
policies adopted in the future, and report on that progress.
(2) By December 31st of each even-numbered year beginning in 2010,
the department and the department of ((community, trade, and economic
development)) commerce shall report to the governor and the appropriate
committees of the senate and house of representatives the total
emissions of greenhouse gases for the preceding two years, and totals
in each major source sector. The department shall ensure the reporting
rules adopted under RCW 70.94.151 allow it to develop a comprehensive
inventory of emissions of greenhouse gases from all significant sectors
of the Washington economy.
(3) Except for purposes of reporting, emissions of carbon dioxide
from industrial combustion of biomass in the form of fuel wood, wood
waste, wood by-products, and wood residuals shall not be considered a
greenhouse gas as long as the region's silvicultural sequestration
capacity is maintained or increased.
Sec. 219 RCW 70.235.030 and 2008 c 14 s 4 are each amended to
read as follows:
(1)(((a))) The director shall develop, in coordination with the
western climate initiative, a design for a regional multisector market-based system to limit and reduce emissions of greenhouse gas consistent
with the emission reductions established in RCW 70.235.020(1).
(((b) By December 1, 2008, the director and the director of the
department of community, trade, and economic development shall deliver
to the legislature specific recommendations for approval and request
for authority to implement the preferred design of a regional
multisector market-based system in (a) of this subsection. These
recommendations must include:))
(i) Proposed legislation, necessary funding, and the schedule
necessary to implement the preferred design by January 1, 2012;
(ii) Any changes determined necessary to the reporting requirements
established under RCW 70.94.151; and
(iii) Actions that the state should take to prevent manipulation of
the multisector market-based system designed under this section.
(2) In developing the design for the regional multisector market-based system under subsection (1) of this section, the department shall
consult with the affected state agencies, and provide opportunity for
public review and comment.
(((3) In addition to the information required under subsection
(1)(b) of this section, the director and the director of the department
of community, trade, and economic development shall submit the
following to the legislature by December 1, 2008:))
(a) Information on progress to date in achieving the requirements
of chapter 14, Laws of 2008;
(b) The final recommendations of the climate advisory team,
including recommended most promising actions to reduce emissions of
greenhouse gases or otherwise respond to climate change. These
recommendations must include strategies to reduce the quantity of
emissions of greenhouse gases per distance traveled in the
transportation sector;
(c) A request for additional resources and statutory authority
needed to limit and reduce emissions of greenhouse gas consistent with
chapter 14, Laws of 2008 including implementation of the most promising
recommendations of the climate advisory team;
(d) Recommendations on how projects funded by the green energy
incentive account in RCW 43.325.040 may be used to expand the
electrical transmission infrastructure into urban and rural areas of
the state for purposes of allowing the recharging of plug-in hybrid
electric vehicles;
(e) Recommendations on how local governments could participate in
the multisector market-based system designed under subsection (1) of
this section;
(f) Recommendations regarding the circumstances under which
generation of electricity or alternative fuel from landfill gas and gas
from anaerobic digesters may receive an offset or credit in the
regional multisector market-based system or other strategies developed
by the department; and
(g) Recommendations developed in consultation with the department
of natural resources and the department of agriculture with the climate
advisory team, the college of forest resources at the University of
Washington, and the Washington State University, and a nonprofit
consortium involved in research on renewable industrial materials,
regarding how forestry and agricultural lands and practices may
participate voluntarily as an offset or other credit program in the
regional multisector market-based system. The recommendations must
ensure that the baseline for this offset or credit program does not
disadvantage this state in relation to another state or states. These
recommendations shall address:
(i) Commercial and other working forests, including accounting for
site-class specific forest management practices;
(ii) Agricultural and forest products, including accounting for
substitution of wood for fossil intensive substitutes;
(iii) Agricultural land and practices;
(iv) Forest and agricultural lands set aside or managed for
conservation as of, or after, June 12, 2008; and
(v) Reforestation and afforestation projects.
Sec. 220 RCW 70.235.050 and 2009 c 519 s 2 are each amended to
read as follows:
(1) All state agencies shall meet the statewide greenhouse gas
emission limits established in RCW 70.235.020 to achieve the following,
using the estimates and strategy established in subsections (2) and (3)
of this section:
(a) By July 1, 2020, reduce emissions by fifteen percent from 2005
emission levels;
(b) By 2035, reduce emissions to thirty-six percent below 2005
levels; and
(c) By 2050, reduce emissions to the greater reduction of fifty-seven and one-half percent below 2005 levels, or seventy percent below
the expected state government emissions that year.
(2)(a) By June 30, 2010, all state agencies shall report estimates
of emissions for 2005 to the department, including 2009 levels of
emissions, and projected emissions through 2035.
(b) State agencies required to report under RCW 70.94.151 must
estimate emissions from methodologies recommended by the department and
must be based on actual operation of those agencies. Agencies not
required to report under RCW 70.94.151 shall derive emissions estimates
using an emissions calculator provided by the department.
(3) By June 30, 2011, each state agency shall submit to the
department a strategy to meet the requirements in subsection (1) of
this section. The strategy must address employee travel activities,
teleconferencing alternatives, and include existing and proposed
actions, a timeline for reductions, and recommendations for budgetary
and other incentives to reduce emissions, especially from employee
business travel.
(4) By October 1st of each even-numbered year beginning in 2012,
each state agency shall report to the department the actions taken to
meet the emission reduction targets under the strategy for the
preceding fiscal biennium. The department may authorize the department
of general administration to report on behalf of any state agency
having fewer than five hundred full-time equivalent employees at any
time during the reporting period. The department shall cooperate with
the department of general administration and the department of
((community, trade, and economic development)) commerce to develop
consolidated reporting methodologies that incorporate emission
reduction actions taken across all or substantially all state agencies.
(5) All state agencies shall cooperate in providing information to
the department, the department of general administration, and the
department of ((community, trade, and economic development)) commerce
for the purposes of this section.
(6) The governor shall designate a person as the single point of
accountability for all energy and climate change initiatives within
state agencies. This position must be funded from current full-time
equivalent allocations without increasing budgets or staffing levels.
If duties must be shifted within an agency, they must be shifted among
current full-time equivalent allocations. All agencies, councils, or
work groups with energy or climate change initiatives shall coordinate
with this designee.
Sec. 221 RCW 70.260.020 and 2009 c 379 s 102 are each amended to
read as follows:
The Washington State University extension energy program is
authorized to implement grants for pilot programs providing community-wide urban residential and commercial energy efficiency upgrades. The
Washington State University extension energy program must coordinate
and collaborate with the department of ((community, trade, and economic
development)) commerce on the design, administration, and
implementation elements of the pilot program.
(1) There must be at least three grants for pilot programs, awarded
on a competitive basis to sponsors for conducting direct outreach and
delivering energy efficiency services that, to the extent feasible,
ensure a balance of participation for: (a) Geographic regions in the
state; (b) types of fuel used for heating; (c) owner-occupied and
rental residences; (d) small commercial buildings; and (e) single-family and multifamily dwellings.
(2) The pilot programs must:
(a) Provide assistance for energy audits and energy
efficiency-related improvements to structures owned by or used for
residential, commercial, or nonprofit purposes in specified urban
neighborhoods where the objective is to achieve a high rate of
participation among building owners within the pilot area;
(b) Utilize volunteer support to reach out to potential customers
through the use of community-based institutions;
(c) Employ qualified energy auditors and energy efficiency service
providers to perform the energy audits using recognized energy
efficiency and weatherization services that are cost-effective;
(d) Select and provide oversight of contractors to perform energy
efficiency services. Sponsors shall require contractors to participate
in quality control and efficiency training, use workers trained from
workforce training and apprentice programs established under chapter
536, Laws of 2009 if these workers are available, pay prevailing wages
under chapter 39.12 RCW, hire from the community in which the program
is located, and create employment opportunities for veterans, members
of the national guard, and low-income and disadvantaged populations;
and
(e) Work with customers to secure financing for their portion of
the project and apply for and administer utility, public, and
charitable funding provided for energy audits and retrofits.
(3) The Washington State University extension energy program must
give priority to sponsors that can secure a sponsor match of at least
one dollar for each dollar awarded.
(a) A sponsor may use its own moneys, including corporate or
ratepayer moneys, or moneys provided by landlords, charitable groups,
government programs, the Bonneville power administration, or other
sources to pay the sponsor match.
(b) A sponsor may meet its match requirement in whole or in part
through providing labor, materials, or other in-kind expenditures.
(4)(a) Pilot programs receiving funding must report compliance with
performance metrics for each sponsor receiving a grant award. The
performance metrics include:
(i) Monetary and energy savings achieved;
(ii) Savings-to-investment ratio achieved for customers;
(iii) Wage levels of jobs created;
(iv) Utilization of preapprentice and apprenticeship programs; and
(v) Efficiency and speed of delivery of services.
(b) Pilot programs receiving funding under this section are
required to report to the Washington State University ((energy
extension [extension energy])) extension energy program on compliance
with the performance metrics every six months following the receipt of
grants, with the last report submitted six months after program
completion.
(c) The Washington State University extension energy program shall
review the accuracy of these reports and provide a progress report on
all grant pilot programs to the appropriate committees of the
legislature by December 1st of each year.
(5)(a) By December 1, 2009, the Washington State University
extension energy program shall provide a report to the governor and
appropriate legislative committees on the: Number of grants awarded;
number of jobs created or maintained; number and type of individuals
trained through workforce training and apprentice programs; number of
veterans, members of the national guard, and individuals of low-income
and disadvantaged populations employed by pilot programs; and amount of
funding provided through the grants as established in subsection (1) of
this section and the performance metrics established in subsection (4)
of this section.
(b) By December 1, 2010, the Washington State University extension
energy program shall provide a final report to the governor and
appropriate legislative committees on the: Number of grants awarded;
number of jobs created or maintained; number and type of individuals
trained through workforce training and apprentice programs; number of
veterans, members of the national guard, and individuals of low-income
and disadvantaged populations employed by pilot programs; and amount of
funding provided through the grants as established in subsection (1) of
this section and the performance metrics established in subsection (4)
of this section.
Sec. 222 RCW 72.09.055 and 1995 c 399 s 202 are each amended to
read as follows:
(1) The department shall identify and catalog real property that is
no longer required for department purposes and is suitable for the
development of affordable housing for very low-income, low-income, and
moderate-income households as defined in RCW 43.63A.510. The inventory
shall include the location, approximate size, and current zoning
classification of the property. The department shall provide a copy of
the inventory to the department of ((community, trade, and economic
development)) commerce by November 1, 1993, and every November 1
thereafter.
(2) By November 1 of each year, beginning in 1994, the department
shall purge the inventory of real property of sites that are no longer
available for the development of affordable housing. The department
shall include an updated listing of real property that has become
available since the last update. As used in this section, "real
property" means buildings, land, or buildings and land.
Sec. 223 RCW 72.78.030 and 2007 c 483 s 103 are each amended to
read as follows:
(1) The department of community, trade, and economic development
shall establish a community transition coordination network pilot
program for the purpose of awarding grants to counties or groups of
counties for implementing coordinated reentry efforts for offenders
returning to the community. Grant awards are subject to the
availability of amounts appropriated for this specific purpose.
(2) By September 1, 2007, the Washington state institute for public
policy shall, in consultation with the department of community, trade,
and economic development, develop criteria for the counties in
conducting its evaluation as directed by subsection (6)(c) of this
section.
(3) Effective February 1, 2008, any county or group of counties may
apply for participation in the community transition coordination
network pilot program by submitting a proposal for a community
transition coordination network.
(4) A proposal for a community transition coordination network
initiated under this section must be collaborative in nature and must
seek locally appropriate evidence-based or research-based solutions and
promising practices utilizing the participation of public and private
entities or programs to support successful, community-based offender
reentry.
(5) In developing a proposal for a community transition
coordination network, counties or groups of counties and the department
of corrections shall collaborate in addressing:
(a) Efficiencies that may be gained by sharing space or resources
in the provision of reentry services to offenders;
(b) Mechanisms for communication of information about offenders,
including the feasibility of shared access to databases;
(c) Partnerships to establish neighborhood corrections initiatives
as defined in RCW 72.09.280.
(6) A proposal for a community transition coordination network must
include:
(a) Descriptions of collaboration and coordination between local
community policing and supervision programs and those agencies and
entities identified in the inventory conducted pursuant to RCW
72.78.020 to address the risks and needs of offenders under a
participating county or city misdemeanant probation or other
supervision program including:
(i) A proposed method of assessing offenders to identify the
offenders' risks and needs. Counties and cities are encouraged, where
possible, to make use of assessment tools developed by the department
of corrections in this regard;
(ii) A proposal for developing and/or maintaining an individual
reentry plan for offenders;
(iii) Connecting offenders to services and resources that meet the
offender's needs as identified in his or her individual reentry plan
including the identification of community representatives or volunteers
that may assist the offender with his or her transition; and
(iv) The communication of assessment information, individual
reentry plans, and service information between parties involved with
(([the])) the offender's reentry;
(b) Mechanisms to provide information to former offenders regarding
services available to them in the community regardless of the length of
time since the offender's release and regardless of whether the
offender was released from prison or jail. Mechanisms shall, at a
minimum, provide for:
(i) Maintenance of the information gathered in RCW 72.78.020
regarding services currently existing within the community that are
available to offenders; and
(ii) Coordination of access to existing services with community
providers and provision of information to offenders regarding how to
access the various type of services and resources that are available in
the community; and
(c) An evaluation of the county's or group of counties' readiness
to implement a community transition coordination network including the
social service needs of offenders in general, capacity of local
facilities and resources to meet offenders' needs, and the cost to
implement and maintain a community transition coordination network for
the duration of the pilot project.
(7) The department of community, trade, and economic development
shall review county applications for funding through the community
transition coordination network pilot program and, no later than April
1, 2008, shall select up to four counties or groups of counties. In
selecting pilot counties or regions, the department shall consider the
extent to which the proposal:
(a) Addresses the requirements set out in subsection (6) of this
section;
(b) Proposes effective partnerships and coordination between local
community policing and supervision programs, social service and
treatment providers, and the department of corrections' community
justice center, if a center is located in the county or region;
(c) Focuses on measurable outcomes such as increased employment and
income, treatment objectives, maintenance of stable housing, and
reduced recidivism;
(d) Contributes to the diversity of pilot programs, considering
factors such as geographic location, size of county or region, and
reentry services currently available. The department shall ensure that
a grant is awarded to at least one rural county or group of counties
and at least one county or group of counties where a community justice
center operated by the department of corrections is located; and
(e) Is feasible, given the evaluation of the social service needs
of offenders, the existing capacity of local facilities and resources
to meet offenders' needs, and the cost to implement a community
transition coordination network in the county or group of counties.
(8) The department of ((community, trade, and economic
development)) commerce shall convene a policy advisory committee
composed of representatives from the senate, the house of
representatives, the governor's office of financial management, the
department of corrections, to include one representative who is a
community corrections officer, the office of crime victims' advocacy,
the Washington state association of counties, association of Washington
cities, a nonprofit provider of reentry services, and an ex-offender
who has discharged the terms of his or her sentence. The advisory
committee shall meet no less than annually to receive status reports on
the implementation of community transition coordination networks,
review annual reports and the pilot project evaluations submitted
pursuant to RCW 72.78.050, and identify evidence-based, research-based,
and promising practices for other counties seeking to establish
community transition coordination networks.
(9) Pilot networks established under this section shall extend for
a period of four fiscal years, beginning July 1, 2008, and ending June
30, 2012.
(10) This section expires June 30, 2013.
Sec. 224 RCW 74.08A.010 and 2004 c 54 s 4 are each amended to
read as follows:
(1) A family that includes an adult who has received temporary
assistance for needy families for sixty months after July 27, 1997,
shall be ineligible for further temporary assistance for needy families
assistance.
(2) For the purposes of applying the rules of this section, the
department shall count any month in which an adult family member
received a temporary assistance for needy families cash assistance
grant unless the assistance was provided when the family member was a
minor child and not the head of the household or married to the head of
the household.
(3) The department shall refer recipients who require specialized
assistance to appropriate department programs, crime victims' programs
through the department of ((community, trade, and economic
development)) commerce, or the crime victims' compensation program of
the department of labor and industries.
(4) The department may exempt a recipient and the recipient's
family from the application of subsection (1) of this section by reason
of hardship or if the recipient meets the family violence options of
section 402(A)(7) of Title IVA of the federal social security act as
amended by P.L. 104-193. The number of recipients and their families
exempted from subsection (1) of this section for a fiscal year shall
not exceed twenty percent of the average monthly number of recipients
and their families to which assistance is provided under the temporary
assistance for needy families program.
(5) The department shall not exempt a recipient and his or her
family from the application of subsection (1) of this section until
after the recipient has received fifty-two months of assistance under
this chapter.
(6) Beginning on October 31, 2005, the department shall provide
transitional food stamp assistance for a period of five months to a
household that ceases to receive temporary assistance for needy
families assistance and is not in sanction status. If necessary, the
department shall extend the household's food stamp certification until
the end of the transition period.
Sec. 225 RCW 74.14B.060 and 1996 c 123 s 8 are each amended to
read as follows:
(1) Treatment services for children who have been sexually
assaulted must be designed and delivered in a manner that accommodates
their unique developmental needs and also considers the impact of
family dynamics on treatment issues. In addition, the complexity of
the civil and criminal justice systems requires that children who are
involved receive appropriate consideration and attention that
recognizes their unique vulnerability in a system designed primarily
for adults.
(2) The department of ((community, trade, and economic
development)) commerce shall provide, subject to available funds,
comprehensive sexual assault services to sexually abused children and
their families. The department shall provide treatment services by
qualified, registered, certified, or licensed professionals on a one-to-one or group basis as may be deemed appropriate.
(3) Funds appropriated under this section shall be provided solely
for contracts or direct purchase of specific treatment services from
community organizations and private service providers for child victims
of sexual assault and sexual abuse. Funds shall be disbursed through
the request for proposal or request for qualifications process.
(4) As part of the request for proposal or request for
qualifications process the department of ((community, trade, and
economic development)) commerce shall ensure that there be no
duplication of services with existing programs including the crime
victims' compensation program as provided in chapter 7.68 RCW. The
department shall also ensure that victims exhaust private insurance
benefits available to the child victim before providing services to the
child victim under this section.
Sec. 226 RCW 74.31.020 and 2007 c 356 s 3 are each amended to
read as follows:
(1) The Washington traumatic brain injury strategic partnership
advisory council is established as an advisory council to the governor,
the legislature, and the secretary of the department of social and
health services.
(2) The council shall be composed of the following members who
shall be appointed by the governor:
(a) The secretary or the secretary's designee, and representatives
from the following: Children's administration, mental health division,
aging and disability services administration, and vocational
rehabilitation;
(b) The executive director of a state brain injury association;
(c) A representative from a nonprofit organization serving
individuals with traumatic brain injury;
(d) The secretary of the department of health or the secretary's
designee;
(e) The secretary of the department of corrections or the
secretary's designee;
(f) A representative of the department of ((community, trade, and
economic development)) commerce;
(g) A representative from an organization serving veterans;
(h) A representative from the national guard;
(i) A representative of a Native American tribe located in
Washington;
(j) The executive director of the Washington protection and
advocacy system;
(k) A neurologist who has experience working with individuals with
traumatic brain injuries;
(l) A neuropsychologist who has experience working with persons
with traumatic brain injuries;
(m) A social worker or clinical psychologist who has experience in
working with persons who have sustained traumatic brain injuries;
(n) A rehabilitation specialist, such as a speech pathologist,
vocational rehabilitation counselor, occupational therapist, or
physical therapist who has experience working with persons with
traumatic brain injuries;
(o) Two persons who are individuals with a traumatic brain injury;
(p) Two persons who are family members of individuals with
traumatic brain injuries; and
(q) Two members of the public who have experience with issues
related to the causes of traumatic brain injuries.
(3) Councilmembers shall not be compensated for serving on the
council, but may be reimbursed for all reasonable expenses related to
costs incurred in participating in meetings for the council.
(4) Initial appointments to the council shall be made by July 30,
2007. The terms of appointed councilmembers shall be three years,
except that the terms of the appointed members who are initially
appointed shall be staggered by the governor to end as follows:
(a) Four members on June 30, 2008;
(b) Three members on June 30, 2009; and
(c) Three members on June 30, 2010.
(5) No member may serve more than two consecutive terms.
(6) The appointed members of the council shall, to the extent
possible, represent rural and urban areas of the state.
(7) A chairperson shall be elected every two years by majority vote
from among the councilmembers. The chairperson shall act as the
presiding officer of the council.
(8) The duties of the council include:
(a) Collaborating with the department to develop a comprehensive
statewide plan to address the needs of individuals with traumatic brain
injuries;
(b) By November 1, 2007, providing recommendations to the
department on criteria to be used to select programs facilitating
support groups for individuals with traumatic brain injuries and their
families under RCW 74.31.050;
(c) By December 1, 2007, submitting a report to the legislature and
the governor on the following:
(i) The development of a comprehensive statewide information and
referral network for individuals with traumatic brain injuries;
(ii) The development of a statewide registry to collect data
regarding individuals with traumatic brain injuries, including the
potential to utilize the department of information services to develop
the registry;
(iii) The efforts of the department to provide services for
individuals with traumatic brain injuries;
(d) By December 30, 2007, reviewing the preliminary comprehensive
statewide plan developed by the department to meet the needs of
individuals with traumatic brain injuries as required in RCW 74.31.030
and submitting a report to the legislature and the governor containing
comments and recommendations regarding the plan.
(9) The council may utilize the advice or services of a nationally
recognized expert, or other individuals as the council deems
appropriate, to assist the council in carrying out its duties under
this section.
Sec. 227 RCW 76.09.030 and 2008 c 46 s 1 are each amended to read
as follows:
(1) There is hereby created the forest practices board of the state
of Washington as an agency of state government consisting of members as
follows:
(a) The commissioner of public lands or the commissioner's
designee;
(b) The director of ((the department of community, trade, and
economic development)) commerce or the director's designee;
(c) The director of the department of agriculture or the director's
designee;
(d) The director of the department of ecology or the director's
designee;
(e) The director of the department of fish and wildlife or the
director's designee;
(f) An elected member of a county legislative authority appointed
by the governor: PROVIDED, That such member's service on the board
shall be conditioned on the member's continued service as an elected
county official;
(g) One member representing a timber products union, appointed by
the governor from a list of three names submitted by a timber labor
coalition affiliated with a statewide labor organization that
represents a majority of the timber product unions in the state; and
(h) Six members of the general public appointed by the governor,
one of whom shall be a small forest landowner who actively manages his
or her land, and one of whom shall be an independent logging
contractor.
(2) The director of the department of fish and wildlife's service
on the board may be terminated two years after August 18, 1999, if the
legislature finds that after two years the department has not made
substantial progress toward integrating the laws, rules, and programs
governing forest practices, chapter 76.09 RCW, and the laws, rules, and
programs governing hydraulic projects, chapter 77.55 RCW. Such a
finding shall be based solely on whether the department of fish and
wildlife makes substantial progress as defined in this subsection, and
will not be based on other actions taken as a member of the board.
Substantial progress shall include recommendations to the legislature
for closer integration of the existing rule-making authorities of the
board and the department of fish and wildlife, and closer integration
of the forest practices and hydraulics permitting processes, including
exploring the potential for a consolidated permitting process. These
recommendations shall be designed to resolve problems currently
associated with the existing dual regulatory and permitting processes.
(3) The members of the initial board appointed by the governor
shall be appointed so that the term of one member shall expire December
31, 1975, the term of one member shall expire December 31, 1976, the
term of one member shall expire December 31, 1977, the terms of two
members shall expire December 31, 1978, and the terms of two members
shall expire December 31, 1979. Thereafter, each member shall be
appointed for a term of four years. Vacancies on the board shall be
filled in the same manner as the original appointments. Each member of
the board shall continue in office until his or her successor is
appointed and qualified. The commissioner of public lands or the
commissioner's designee shall be the chair of the board.
(4) The board shall meet at such times and places as shall be
designated by the chair or upon the written request of the majority of
the board. The principal office of the board shall be at the state
capital.
(5) Members of the board, except public employees and elected
officials, shall be compensated in accordance with RCW 43.03.250. Each
member shall be entitled to reimbursement for travel expenses incurred
in the performance of their duties as provided in RCW 43.03.050 and
43.03.060.
(6) The board may employ such clerical help and staff pursuant to
chapter 41.06 RCW as is necessary to carry out its duties.
Sec. 228 RCW 76.15.090 and 2008 c 299 s 8 are each amended to
read as follows:
The department shall manage the application and evaluation of
candidates for evergreen community designation under RCW 35.105.030,
and forward its recommendations to the department of ((community,
trade, and economic development)) commerce.
Sec. 229 RCW 76.56.020 and 1994 c 282 s 1 are each amended to
read as follows:
The center shall:
(1) Coordinate the University of Washington's college of forest
resources' faculty and staff expertise to assist in:
(a) The development of research and analysis for developing
policies and strategies which will expand forest-based international
trade, including a major focus on secondary manufacturing;
(b) The development of technology or commercialization support for
manufactured products that will meet the evolving needs of
international customers;
(c) The development of research and analysis on other factors
critical to forest-based trade, including the quality and availability
of raw wood resources; and
(d) The coordination, development, and dissemination of market and
technical information relevant to international trade in forest
products, including a major focus on secondary manufacturing;
(2) Further develop and maintain computer databases on worldwide
forest products production and trade in order to monitor and report on
trends significant to the Northwest forest products industry and
support the center's research functions; and coordinate this system
with state, federal, and private sector efforts to insure a cost-effective information resource that will avoid unnecessary duplication;
(3) Monitor international forest products markets and assess the
status of the state's forest products industry, including the
competitiveness of small and medium-sized secondary manufacturing firms
in the forest products industry, which for the purposes of this chapter
shall be firms with annual revenues of twenty-five million or less, and
including the increased exports of Washington-produced products of
small and medium-sized secondary manufacturing firms;
(4) Provide high-quality research and graduate education and
professional nondegree training in international trade in forest
products in cooperation with the University of Washington's graduate
school of business administration, the school of law, the Jackson
school of international studies, the Northwest policy center of the
graduate school of public administration, and other supporting academic
units;
(5) Develop cooperative linkages with the international marketing
program for agricultural commodities and trade at Washington State
University, the international trade project of the United States forest
service, the department of natural resources, the department of
((community, trade, and economic development)) commerce, the small
business export finance assistance center, and other state and federal
agencies to avoid duplication of effort and programs;
(6) Cooperate with personnel from the state's community and
technical colleges in their development of wood products manufacturing
and wood technology curriculum and offer periodic workshops on wood
products manufacturing, wood technology, and trade opportunities to
community colleges and private educators and trainers;
(7) Provide for public dissemination of research, analysis, and
results of the center's programs to all groups, including direct
assistance groups, through technical workshops, short courses,
international and national symposia, cooperation with private sector
networks and marketing associations, or other means, including
appropriate publications;
(8) Establish an executive policy board, including representatives
of small and medium-sized businesses, with at least fifty percent of
its business members representing small businesses with one hundred or
fewer employees and medium-sized businesses with one hundred to five
hundred employees. The executive policy board shall also include a
representative of the community and technical colleges, representatives
of state and federal agencies, and a representative of a wood products
manufacturing network or trade association of small and medium-sized
wood product manufacturers. The executive policy board shall provide
advice on: Overall policy direction and program priorities, state and
federal budget requests, securing additional research funds,
identifying priority areas of focus for research efforts, selection of
projects for research, and dissemination of results of research
efforts; and
(9) Establish advisory or technical committees for each research
program area, to advise on research program area priorities, consistent
with the international trade opportunities achievable by the forest
products sector of the state and region, to help ensure projects are
relevant to industry needs, and to advise on and support effective
dissemination of research results. Each advisory or technical
committee shall include representatives of forest products industries
that might benefit from this research.
Service on the committees and the executive policy board
established in subsections (8) and (9) of this section shall be without
compensation but actual travel expenses incurred in connection with
service to the center may be reimbursed from appropriated funds in
accordance with RCW 43.03.050 and 43.03.060.
Sec. 230 RCW 79.105.600 and 2005 c 155 s 161 are each amended to
read as follows:
After consultation with the director of ((community, trade, and
economic development)) commerce, the department may enter into
agreements, leases, or other conveyances for archaeological activities
on state-owned aquatic lands. The agreements, leases, or other
conveyances may contain those conditions as are required for the
department to comply with its legal rights and duties. All agreements,
leases, or other conveyances, shall be issued in accordance with the
terms of chapters 79.105 through 79.140 RCW.
Sec. 231 RCW 79A.30.050 and 1995 c 200 s 6 are each amended to
read as follows:
(1) If the authority and state agencies find it mutually beneficial
to do so, they are authorized to collaborate and cooperate on projects
of shared interest. Agencies authorized to collaborate with the
authority include but are not limited to: The commission for
activities and projects related to public recreation; the department of
agriculture for projects related to the equine agricultural industry;
the department of ((community, trade, and economic development))
commerce with respect to community and economic development and tourism
issues associated with development of the state horse park; Washington
State University with respect to opportunities for animal research,
education, and extension; the department of ecology with respect to
opportunities for making the state horse park's waste treatment
facilities a demonstration model for the handling of waste to protect
water quality; and with local community colleges with respect to
programs related to horses, economic development, business, and
tourism.
(2) The authority shall cooperate with 4-H clubs, pony clubs, youth
groups, and local park departments to provide youth recreational
activities. The authority shall also provide for preferential use of
an area of the horse park facility for youth and ((the disabled))
individuals with disabilities at nominal cost.
Sec. 232 RCW 79A.50.100 and 1995 c 399 s 209 are each amended to
read as follows:
(1) A public hearing may be held prior to any withdrawal of state
trust lands and shall be held prior to any revocation of withdrawal or
modification of withdrawal of state trust lands used for recreational
purposes by the department of natural resources or by other state
agencies.
(2) The department shall cause notice of the withdrawal, revocation
of withdrawal or modification of withdrawal of state trust lands as
described in subsection (1) of this section to be published by
advertisement once a week for four weeks prior to the public hearing in
at least one newspaper published and of general circulation in the
county or counties in which the state trust lands are situated, and by
causing a copy of said notice to be posted in a conspicuous place in
the department's Olympia office, in the district office in which the
land is situated, and in the office of the county auditor in the county
where the land is situated thirty days prior to the public hearing.
The notice shall specify the time and place of the public hearing and
shall describe with particularity each parcel of state trust lands
involved in said hearing.
(3) The board of natural resources shall administer the hearing
according to its prescribed rules and regulations.
(4) The board of natural resources shall determine the most
beneficial use or combination of uses of the state trust lands. Its
decision will be conclusive as to the matter: PROVIDED, HOWEVER, That
said decisions as to uses shall conform to applicable state plans and
policy guidelines adopted by the department of ((community, trade, and
economic development)) commerce.
Sec. 233 RCW 79A.60.480 and 2002 c 86 s 327 are each amended to
read as follows:
(1) The department of licensing may issue a whitewater river
outfitter's license to an applicant who submits a completed
application, pays the required fee, and complies with the requirements
of this section.
(2) An applicant for a whitewater river outfitter's license shall
make application upon a form provided by the department of licensing.
The form must be submitted annually and include the following
information:
(a) The name, residence address, and residence telephone number,
and the business name, address, and telephone number of the applicant;
(b) Certification that all employees, subcontractors, or
independent contractors hired as guides meet training standards under
RCW 79A.60.430 before carrying any passengers for hire;
(c) Proof that the applicant has liability insurance for a minimum
of three hundred thousand dollars per claim for occurrences by the
applicant and the applicant's employees that result in bodily injury or
property damage. All guides must be covered by the applicant's
insurance policy;
(d) Certification that the applicant will maintain the insurance
for a period of not less than one year from the date of issuance of the
license; and
(e) Certification by the applicant that for a period of not less
than twenty-four months immediately preceding the application the
applicant:
(i) Has not had a license, permit, or certificate to carry
passengers for hire on a river revoked by another state or by an agency
of the government of the United States due to a conviction for a
violation of safety or insurance coverage requirements no more
stringent than the requirements of this chapter; and
(ii) Has not been denied the right to apply for a license, permit,
or certificate to carry passengers for hire on a river by another
state.
(3) The department of licensing shall charge a fee for each
application, to be set in accordance with RCW 43.24.086.
(4) Any person advertising or representing himself or herself as a
whitewater river outfitter who is not currently licensed is guilty of
a gross misdemeanor.
(5) The department of licensing shall submit annually a list of
licensed persons and companies to the department of ((community, trade,
and economic development)) commerce, tourism promotion division.
(6) If an insurance company cancels or refuses to renew insurance
for a licensee, the insurance company shall notify the department of
licensing in writing of the termination of coverage and its effective
date not less than thirty days before the effective date of
termination.
(a) Upon receipt of an insurance company termination notice, the
department of licensing shall send written notice to the licensee that
on the effective date of termination the department of licensing will
suspend the license unless proof of insurance as required by this
section is filed with the department of licensing before the effective
date of the termination.
(b) If an insurance company fails to give notice of coverage
termination, this failure shall not have the effect of continuing the
coverage.
(c) The department of licensing may sanction a license under RCW
18.235.110 if the licensee fails to maintain in full force and effect
the insurance required by this section.
(7) The state of Washington shall be immune from any civil action
arising from the issuance of a license under this section.
Sec. 234 RCW 80.28.010 and 2008 c 299 s 35 are each amended to
read as follows:
(1) All charges made, demanded or received by any gas company,
electrical company or water company for gas, electricity or water, or
for any service rendered or to be rendered in connection therewith,
shall be just, fair, reasonable and sufficient. Reasonable charges
necessary to cover the cost of administering the collection of
voluntary donations for the purposes of supporting the development and
implementation of evergreen community management plans and ordinances
under RCW 80.28.300 shall be deemed as prudent and necessary for the
operation of a utility.
(2) Every gas company, electrical company and water company shall
furnish and supply such service, instrumentalities and facilities as
shall be safe, adequate and efficient, and in all respects just and
reasonable.
(3) All rules and regulations issued by any gas company, electrical
company or water company, affecting or pertaining to the sale or
distribution of its product, shall be just and reasonable.
(4) Utility service for residential space heating shall not be
terminated between November 15 through March 15 if the customer:
(a) Notifies the utility of the inability to pay the bill,
including a security deposit. This notice should be provided within
five business days of receiving a payment overdue notice unless there
are extenuating circumstances. If the customer fails to notify the
utility within five business days and service is terminated, the
customer can, by paying reconnection charges, if any, and fulfilling
the requirements of this section, receive the protections of this
chapter;
(b) Provides self-certification of household income for the prior
twelve months to a grantee of the department of ((community, trade, and
economic development)) commerce which administers federally funded
energy assistance programs. The grantee shall determine that the
household income does not exceed the maximum allowed for eligibility
under the state's plan for low-income energy assistance under 42 U.S.C.
8624 and shall provide a dollar figure that is seven percent of
household income. The grantee may verify information provided in the
self-certification;
(c) Has applied for home heating assistance from applicable
government and private sector organizations and certifies that any
assistance received will be applied to the current bill and future
utility bills;
(d) Has applied for low-income weatherization assistance to the
utility or other appropriate agency if such assistance is available for
the dwelling;
(e) Agrees to a payment plan and agrees to maintain the payment
plan. The plan will be designed both to pay the past due bill by the
following October 15 and to pay for continued utility service. If the
past due bill is not paid by the following October 15, the customer
shall not be eligible for protections under this chapter until the past
due bill is paid. The plan shall not require monthly payments in
excess of seven percent of the customer's monthly income plus one-twelfth of any arrearage accrued from the date application is made and
thereafter during November 15 through March 15. A customer may agree
to pay a higher percentage during this period, but shall not be in
default unless payment during this period is less than seven percent of
monthly income plus one-twelfth of any arrearage accrued from the date
application is made and thereafter. If assistance payments are
received by the customer subsequent to implementation of the plan, the
customer shall contact the utility to reformulate the plan; and
(f) Agrees to pay the moneys owed even if he or she moves.
(5) The utility shall:
(a) Include in any notice that an account is delinquent and that
service may be subject to termination, a description of the customer's
duties in this section;
(b) Assist the customer in fulfilling the requirements under this
section;
(c) Be authorized to transfer an account to a new residence when a
customer who has established a plan under this section moves from one
residence to another within the same utility service area;
(d) Be permitted to disconnect service if the customer fails to
honor the payment program. Utilities may continue to disconnect
service for those practices authorized by law other than for nonpayment
as provided for in this subsection. Customers who qualify for payment
plans under this section who default on their payment plans and are
disconnected can be reconnected and maintain the protections afforded
under this chapter by paying reconnection charges, if any, and by
paying all amounts that would have been due and owing under the terms
of the applicable payment plan, absent default, on the date on which
service is reconnected; and
(e) Advise the customer in writing at the time it disconnects
service that it will restore service if the customer contacts the
utility and fulfills the other requirements of this section.
(6) A payment plan implemented under this section is consistent
with RCW 80.28.080.
(7) Every gas company and electrical company shall offer
residential customers the option of a budget billing or equal payment
plan. The budget billing or equal payment plan shall be offered low-income customers eligible under the state's plan for low-income energy
assistance prepared in accordance with 42 U.S.C. 8624(C)(1) without
limiting availability to certain months of the year, without regard to
the length of time the customer has occupied the premises, and without
regard to whether the customer is the tenant or owner of the premises
occupied.
(8) Every gas company, electrical company and water company shall
construct and maintain such facilities in connection with the
manufacture and distribution of its product as will be efficient and
safe to its employees and the public.
(9) An agreement between the customer and the utility, whether oral
or written, shall not waive the protections afforded under this
chapter.
(10) In establishing rates or charges for water service, water
companies as defined in RCW 80.04.010 may consider the achievement of
water conservation goals and the discouragement of wasteful water use
practices.
Sec. 235 RCW 80.36.430 and 2009 c 564 s 960 are each amended to
read as follows:
(1) The Washington telephone assistance program shall be funded by
a telephone assistance excise tax on all switched access lines and by
funds from any federal government or other programs for this purpose.
Switched access lines are defined in RCW 82.14B.020. The telephone
assistance excise tax shall be applied equally to all residential and
business access lines not to exceed fourteen cents per month. The
department shall submit an approved annual budget for the Washington
telephone assistance program to the department of revenue no later than
March 1st prior to the beginning of each fiscal year. The department
of revenue shall then determine the amount of telephone assistance
excise tax to be placed on each switched access line and shall inform
local exchange companies and the utilities and transportation
commission of this amount no later than May 1st. The department of
revenue shall determine the amount of telephone assistance excise tax
by dividing the total of the program budget funded by the telephone
assistance excise tax, as submitted by the department, by the total
number of switched access lines in the prior calendar year. The
telephone assistance excise tax shall be separately identified on each
ratepayer's bill as the "Washington telephone assistance program." All
money collected from the telephone assistance excise tax shall be
transferred to a telephone assistance fund administered by the
department.
(2) Local exchange companies shall bill the fund for their expenses
incurred in offering the telephone assistance program, including
administrative and program expenses. The department shall disburse the
money to the local exchange companies. The department is exempted from
having to conclude a contract with local exchange companies in order to
effect this reimbursement. The department shall recover its
administrative costs from the fund. The department may specify by rule
the range and extent of administrative and program expenses that will
be reimbursed to local exchange companies.
(3) The department shall enter into an agreement with the
department of ((community, trade, and economic development)) commerce
for an amount not to exceed eight percent of the prior fiscal year's
total revenue for the administrative and program expenses of providing
community service voice mail services. The community service voice
mail service may include toll-free lines in community action agencies
through which recipients can access their community service voice
mailboxes at no charge.
(4) During the 2009-2011 biennium, the department shall enter into
an agreement with the military department for one million dollars to
support the WIN 211 program.
Sec. 236 RCW 80.36.440 and 2003 c 134 s 5 are each amended to
read as follows:
(1) The commission and the department may adopt any rules necessary
to implement RCW 80.36.410 through 80.36.470.
(2) Rules necessary for the implementation of community service
voice mail services shall be made by the commission and the department
in consultation with the department of ((community, trade, and economic
development)) commerce.
Sec. 237 RCW 80.50.030 and 2001 c 214 s 4 are each amended to
read as follows:
(1) There is created and established the energy facility site
evaluation council.
(2)(a) The chair of the council shall be appointed by the governor
with the advice and consent of the senate, shall have a vote on matters
before the council, shall serve for a term coextensive with the term of
the governor, and is removable for cause. The chair may designate a
member of the council to serve as acting chair in the event of the
chair's absence. The salary of the chair shall be determined under RCW
43.03.040. The chair is a "state employee" for the purposes of chapter
42.52 RCW. As applicable, when attending meetings of the council,
members may receive reimbursement for travel expenses in accordance
with RCW 43.03.050 and 43.03.060, and are eligible for compensation
under RCW 43.03.250.
(b) The chair or a designee shall execute all official documents,
contracts, and other materials on behalf of the council. The
Washington state department of ((community, trade, and economic
development)) commerce shall provide all administrative and staff
support for the council. The director of ((the department of
community, trade, and economic development)) commerce has supervisory
authority over the staff of the council and shall employ such personnel
as are necessary to implement this chapter. Not more than three such
employees may be exempt from chapter 41.06 RCW.
(3)(a) The council shall consist of the directors, administrators,
or their designees, of the following departments, agencies,
commissions, and committees or their statutory successors:
(i) Department of ecology;
(ii) Department of fish and wildlife;
(iii) Department of ((community, trade, and economic development))
commerce;
(iv) Utilities and transportation commission; and
(v) Department of natural resources.
(b) The directors, administrators, or their designees, of the
following departments, agencies, and commissions, or their statutory
successors, may participate as councilmembers at their own discretion
provided they elect to participate no later than sixty days after an
application is filed:
(i) Department of agriculture;
(ii) Department of health;
(iii) Military department; and
(iv) Department of transportation.
(c) Council membership is discretionary for agencies that choose to
participate under (b) of this subsection only for applications that are
filed with the council on or after May 8, 2001. For applications filed
before May 8, 2001, council membership is mandatory for those agencies
listed in (b) of this subsection.
(4) The appropriate county legislative authority of every county
wherein an application for a proposed site is filed shall appoint a
member or designee as a voting member to the council. The member or
designee so appointed shall sit with the council only at such times as
the council considers the proposed site for the county which he or she
represents, and such member or designee shall serve until there has
been a final acceptance or rejection of the proposed site.
(5) The city legislative authority of every city within whose
corporate limits an energy plant is proposed to be located shall
appoint a member or designee as a voting member to the council. The
member or designee so appointed shall sit with the council only at such
times as the council considers the proposed site for the city which he
or she represents, and such member or designee shall serve until there
has been a final acceptance or rejection of the proposed site.
(6) For any port district wherein an application for a proposed
port facility is filed subject to this chapter, the port district shall
appoint a member or designee as a nonvoting member to the council. The
member or designee so appointed shall sit with the council only at such
times as the council considers the proposed site for the port district
which he or she represents, and such member or designee shall serve
until there has been a final acceptance or rejection of the proposed
site. The provisions of this subsection shall not apply if the port
district is the applicant, either singly or in partnership or
association with any other person.
Sec. 238 RCW 80.80.040 and 2009 c 448 s 2 are each amended to
read as follows:
(1) Beginning July 1, 2008, the greenhouse gas emissions
performance standard for all baseload electric generation for which
electric utilities enter into long-term financial commitments on or
after such date is the lower of:
(a) One thousand one hundred pounds of greenhouse gases per
megawatt-hour; or
(b) The average available greenhouse gas emissions output as
determined under RCW 80.80.050.
(2) This chapter does not apply to long-term financial commitments
with the Bonneville power administration.
(3) All baseload electric generation facilities in operation as of
June 30, 2008, are deemed to be in compliance with the greenhouse gas
emissions performance standard established under this section until the
facilities are the subject of long-term financial commitments. All
baseload electric generation that commences operation after June 30,
2008, and is located in Washington, must comply with the greenhouse gas
emissions performance standard established in subsection (1) of this
section.
(4) All electric generation facilities or power plants powered
exclusively by renewable resources, as defined in RCW 19.280.020, are
deemed to be in compliance with the greenhouse gas emissions
performance standard established under this section.
(5) All cogeneration facilities in the state that are fueled by
natural gas or waste gas or a combination of the two fuels, and that
are in operation as of June 30, 2008, are deemed to be in compliance
with the greenhouse gas emissions performance standard established
under this section until the facilities are the subject of a new
ownership interest or are upgraded.
(6) In determining the rate of emissions of greenhouse gases for
baseload electric generation, the total emissions associated with
producing electricity shall be included.
(7) In no case shall a long-term financial commitment be determined
to be in compliance with the greenhouse gas emissions performance
standard if the commitment includes more than twelve percent of
electricity from unspecified sources.
(8) For a long-term financial commitment with multiple power
plants, each specified power plant must be treated individually for the
purpose of determining the annualized plant capacity factor and net
emissions, and each power plant must comply with subsection (1) of this
section, except as provided in subsections (3) through (5) of this
section.
(9) The department shall establish an output-based methodology to
ensure that the calculation of emissions of greenhouse gases for a
cogeneration facility recognizes the total usable energy output of the
process, and includes all greenhouse gases emitted by the facility in
the production of both electrical and thermal energy. In developing
and implementing the greenhouse gas emissions performance standard, the
department shall consider and act in a manner consistent with any rules
adopted pursuant to the public utilities regulatory policy act of 1978
(16 U.S.C. Sec. 824a-3), as amended.
(10) The following greenhouse gas emissions produced by baseload
electric generation owned or contracted through a long-term financial
commitment shall not be counted as emissions of the power plant in
determining compliance with the greenhouse gas emissions performance
standard:
(a) Those emissions that are injected permanently in geological
formations;
(b) Those emissions that are permanently sequestered by other means
approved by the department; and
(c) Those emissions sequestered or mitigated as approved under
subsection (16) of this section.
(11) In adopting and implementing the greenhouse gas emissions
performance standard, the department of ((community, trade, and
economic development)) commerce energy policy division, in consultation
with the commission, the department, the Bonneville power
administration, the western electricity ((coordination [coordinating]))
coordinating council, the energy facility site evaluation council,
electric utilities, public interest representatives, and consumer
representatives, shall consider the effects of the greenhouse gas
emissions performance standard on system reliability and overall costs
to electricity customers.
(12) In developing and implementing the greenhouse gas emissions
performance standard, the department shall, with assistance of the
commission, the department of ((community, trade, and economic
development)) commerce energy policy division, and electric utilities,
and to the extent practicable, address long-term purchases of
electricity from unspecified sources in a manner consistent with this
chapter.
(13) The directors of the energy facility site evaluation council
and the department shall each adopt rules under chapter 34.05 RCW in
coordination with each other to implement and enforce the greenhouse
gas emissions performance standard. The rules necessary to implement
this section shall be adopted by June 30, 2008.
(14) In adopting the rules for implementing this section, the
energy facility site evaluation council and the department shall
include criteria to be applied in evaluating the carbon sequestration
plan, for baseload electric generation that will rely on subsection
(10) of this section to demonstrate compliance, but that will commence
sequestration after the date that electricity is first produced. The
rules shall include but not be limited to:
(a) Provisions for financial assurances, as a condition of plant
operation, sufficient to ensure successful implementation of the carbon
sequestration plan, including construction and operation of necessary
equipment, and any other significant costs;
(b) Provisions for geological or other approved sequestration
commencing within five years of plant operation, including full and
sufficient technical documentation to support the planned
sequestration;
(c) Provisions for monitoring the effectiveness of the
implementation of the sequestration plan;
(d) Penalties for failure to achieve implementation of the plan on
schedule;
(e) Provisions for an owner to purchase emissions reductions in the
event of the failure of a sequestration plan under subsection (16) of
this section; and
(f) Provisions for public notice and comment on the carbon
sequestration plan.
(15)(a) Except as provided in (b) of this subsection, as part of
its role enforcing the greenhouse gas emissions performance standard,
the department shall determine whether sequestration or a plan for
sequestration will provide safe, reliable, and permanent protection
against the greenhouse gases entering the atmosphere from the power
plant and all ancillary facilities.
(b) For facilities under its jurisdiction, the energy facility site
evaluation council shall contract for review of sequestration or the
carbon sequestration plan with the department consistent with the
conditions under (a) of this subsection, consider the adequacy of
sequestration or the plan in its adjudicative proceedings conducted
under RCW 80.50.090(3), and incorporate specific findings regarding
adequacy in its recommendation to the governor under RCW 80.50.100.
(16) A project under consideration by the energy facility site
evaluation council by July 22, 2007, is required to include all of the
requirements of subsection (14) of this section in its carbon
sequestration plan submitted as part of the energy facility site
evaluation council process. A project under consideration by the
energy facility site evaluation council by July 22, 2007, that receives
final site certification agreement approval under chapter 80.50 RCW
shall make a good faith effort to implement the sequestration plan. If
the project owner determines that implementation is not feasible, the
project owner shall submit documentation of that determination to the
energy facility site evaluation council. The documentation shall
demonstrate the steps taken to implement the sequestration plan and
evidence of the technological and economic barriers to successful
implementation. The project owner shall then provide to the energy
facility site evaluation council notification that they shall implement
the plan that requires the project owner to meet the greenhouse gas
emissions performance standard by purchasing verifiable greenhouse gas
emissions reductions from an electric generating facility located
within the western interconnection, where the reduction would not have
occurred otherwise or absent this contractual agreement, such that the
sum of the emissions reductions purchased and the facility's emissions
meets the standard for the life of the facility.
Sec. 239 RCW 80.80.050 and 2007 c 307 s 7 are each amended to
read as follows:
The energy policy division of the department of ((community, trade,
and economic development)) commerce shall provide an opportunity for
interested parties to comment on the development of a survey of new
combined-cycle natural gas thermal electric generation turbines
commercially available and offered for sale by manufacturers and
purchased in the United States to determine the average rate of
emissions of greenhouse gases for these turbines. The department of
((community, trade, and economic development)) commerce shall report
the results of its survey to the legislature every five years,
beginning June 30, 2013. The department of ((community, trade, and
economic development)) commerce shall adopt by rule the average
available greenhouse gases emissions output every five years beginning
five years after July 22, 2007.
Sec. 240 RCW 80.80.080 and 2007 c 307 s 10 are each amended to
read as follows:
For the purposes of RCW 80.80.040 through 80.80.080 and 80.70.020,
the department, in consultation with the department of ((community,
trade, and economic development)) commerce energy policy division, the
energy facility site evaluation council, the commission, and the
governing boards of consumer-owned utilities, shall review the
greenhouse gases emissions performance standard established in this
chapter to determine need, applicability, and effectiveness no less
than every five years following July 22, 2007, or upon implementation
of a federal or state law or rule regulating carbon dioxide emissions
of electric utilities, and report to the legislature.
Sec. 241 RCW 82.14.330 and 2003 c 90 s 1 are each amended to read
as follows:
(1) Beginning in fiscal year 2000, the state treasurer shall
transfer into the municipal criminal justice assistance account for
distribution under this section from the general fund the sum of four
million six hundred thousand dollars divided into four equal deposits
occurring on July 1, October 1, January 1, and April 1. For each
fiscal year thereafter, the state treasurer shall increase the total
transfer by the fiscal growth factor, as defined in RCW 43.135.025,
forecast for that fiscal year by the office of financial management in
November of the preceding year. The moneys deposited in the municipal
criminal justice assistance account for distribution under this
section, less any moneys appropriated for purposes under subsection (4)
of this section, shall be distributed to the cities of the state as
follows:
(a) Twenty percent appropriated for distribution shall be
distributed to cities with a three-year average violent crime rate for
each one thousand in population in excess of one hundred fifty percent
of the statewide three-year average violent crime rate for each one
thousand in population. The three-year average violent crime rate
shall be calculated using the violent crime rates for each of the
preceding three years from the annual reports on crime in Washington
state as published by the Washington association of sheriffs and police
chiefs. Moneys shall be distributed under this subsection (1)(a)
ratably based on population as last determined by the office of
financial management, but no city may receive more than one dollar per
capita. Moneys remaining undistributed under this subsection at the
end of each calendar year shall be distributed to the criminal justice
training commission to reimburse participating city law enforcement
agencies with ten or fewer full-time commissioned patrol officers the
cost of temporary replacement of each officer who is enrolled in basic
law enforcement training, as provided in RCW 43.101.200.
(b) Sixteen percent shall be distributed to cities ratably based on
population as last determined by the office of financial management,
but no city may receive less than one thousand dollars.
The moneys deposited in the municipal criminal justice assistance
account for distribution under this subsection shall be distributed at
such times as distributions are made under RCW 82.44.150.
Moneys distributed under this subsection shall be expended
exclusively for criminal justice purposes and shall not be used to
replace or supplant existing funding. Criminal justice purposes are
defined as activities that substantially assist the criminal justice
system, which may include circumstances where ancillary benefit to the
civil justice system occurs, and which includes domestic violence
services such as those provided by domestic violence programs,
community advocates, and legal advocates, as defined in RCW 70.123.020.
Existing funding for purposes of this subsection is defined as calendar
year 1989 actual operating expenditures for criminal justice purposes.
Calendar year 1989 actual operating expenditures for criminal justice
purposes exclude the following: Expenditures for extraordinary events
not likely to reoccur, changes in contract provisions for criminal
justice services, beyond the control of the local jurisdiction
receiving the services, and major nonrecurring capital expenditures.
(2) In addition to the distributions under subsection (1) of this
section:
(a) Ten percent shall be distributed on a per capita basis to
cities that contract with another governmental agency for the majority
of the city's law enforcement services. Cities that subsequently
qualify for this distribution shall notify the department of
((community, trade, and economic development)) commerce by November
30th for the upcoming calendar year. The department of ((community,
trade, and economic development)) commerce shall provide a list of
eligible cities to the state treasurer by December 31st. The state
treasurer shall modify the distribution of these funds in the following
year. Cities have the responsibility to notify the department of
((community, trade, and economic development)) commerce of any changes
regarding these contractual relationships. Adjustments in the
distribution formula to add or delete cities may be made only for the
upcoming calendar year; no adjustments may be made retroactively.
(b) The remaining fifty-four percent shall be distributed to cities
and towns by the state treasurer on a per capita basis. These funds
shall be used for: (i) Innovative law enforcement strategies; (ii)
programs to help at-risk children or child abuse victim response
programs; and (iii) programs designed to reduce the level of domestic
violence or to provide counseling for domestic violence victims.
The moneys deposited in the municipal criminal justice assistance
account for distribution under this subsection, less any moneys
appropriated for purposes under subsection (4) of this section, shall
be distributed at the times as distributions are made under RCW
82.44.150. Moneys remaining undistributed under this subsection at the
end of each calendar year shall be distributed to the criminal justice
training commission to reimburse participating city law enforcement
agencies with ten or fewer full-time commissioned patrol officers the
cost of temporary replacement of each officer who is enrolled in basic
law enforcement training, as provided in RCW 43.101.200.
If a city is found by the state auditor to have expended funds
received under this subsection in a manner that does not comply with
the criteria under which the moneys were received, the city shall be
ineligible to receive future distributions under this subsection until
the use of the moneys are justified to the satisfaction of the director
or are repaid to the state general fund.
(3) Notwithstanding other provisions of this section, the
distributions to any city that substantially decriminalizes or repeals
its criminal code after July 1, 1990, and that does not reimburse the
county for costs associated with criminal cases under RCW 3.50.800 or
3.50.805(2), shall be made to the county in which the city is located.
(4) Not more than five percent of the funds deposited to the
municipal criminal justice assistance account shall be available for
appropriations for enhancements to the state patrol crime laboratory
system and the continuing costs related to these enhancements. Funds
appropriated from this account for such enhancements shall not supplant
existing funds from the state general fund.
Sec. 242 RCW 82.14.400 and 2000 c 240 s 1 are each amended to
read as follows:
(1) Upon the joint request of a metropolitan park district, a city
with a population of more than one hundred fifty thousand, and a county
legislative authority in a county with a national park and a population
of more than five hundred thousand and less than one million five
hundred thousand, the county shall submit an authorizing proposition to
the county voters, fixing and imposing a sales and use tax in
accordance with this chapter for the purposes designated in subsection
(4) of this section and identified in the joint request. Such
proposition must be placed on a ballot for a special or general
election to be held no later than one year after the date of the joint
request.
(2) The proposition is approved if it receives the votes of a
majority of those voting on the proposition.
(3) The tax authorized in this section is in addition to any other
taxes authorized by law and shall be collected from those persons who
are taxable by the state under chapters 82.08 and 82.12 RCW upon the
occurrence of any taxable event within the county. The rate of tax
shall equal no more than one-tenth of one percent of the selling price
in the case of a sales tax, or value of the article used, in the case
of a use tax.
(4) Moneys received from any tax imposed under this section shall
be used solely for the purpose of providing funds for:
(a) Costs associated with financing, design, acquisition,
construction, equipping, operating, maintaining, remodeling, repairing,
reequipping, or improvement of zoo, aquarium, and wildlife preservation
and display facilities that are currently accredited by the American
zoo and aquarium association; or
(b) Those costs associated with (a) of this subsection and costs
related to parks located within a county described in subsection (1) of
this section.
(5) The department of revenue shall perform the collection of such
taxes on behalf of the county at no cost to the county. In lieu of the
charge for the administration and collection of local sales and use
taxes under RCW 82.14.050 from which the county is exempt under this
subsection (5), a percentage of the tax revenues authorized by this
section equal to one-half of the maximum percentage provided in RCW
82.14.050 shall be transferred annually to the department of
((community, trade, and economic development)) commerce, or its
successor agency, from the funds allocated under subsection (6)(b) of
this section for a period of twelve years from the first date of
distribution of funds under subsection (6)(b) of this section. The
department of ((community, trade, and economic development)) commerce,
or its successor agency, shall use funds transferred to it pursuant to
this subsection (5) to provide, operate, and maintain community-based
housing under chapter 43.185 RCW for ((persons who are mentally ill))
individuals with mental illness.
(6) If the joint request and the authorizing proposition include
provisions for funding those costs included within subsection (4)(b) of
this section, the tax revenues authorized by this section shall be
allocated annually as follows:
(a) Fifty percent to the zoo and aquarium advisory authority; and
(b) Fifty percent to be distributed on a per capita basis as set
out in the most recent population figures for unincorporated and
incorporated areas only within that county, as determined by the office
of financial management, solely for parks, as follows: To any
metropolitan park district, to cities and towns not contained within a
metropolitan park district, and the remainder to the county. Moneys
received under this subsection (6)(b) by a county may not be used to
replace or supplant existing per capita funding.
(7) Funds shall be distributed annually by the county treasurer to
the county, and cities and towns located within the county, in the
manner set out in subsection (6)(b) of this section.
(8) Prior to expenditure of any funds received by the county under
subsection (6)(b) of this section, the county shall establish a process
which considers needs throughout the unincorporated areas of the county
in consultation with community advisory councils established by
ordinance.
(9) By December 31, 2005, and thereafter, the county or any city
with a population greater than eighty thousand must provide at least
one dollar match for every two dollars received under this section.
(10) Properties subject to a memorandum of agreement between the
federal bureau of land management, the advisory council on historic
preservation, and the Washington state historic preservation officer
have priority for funding from money received under subsection (6)(b)
of this section for implementation of the stipulations in the
memorandum of agreement.
(a) At least one hundred thousand dollars of the first four years
of allocations under subsection (6)(b) of this section, to be matched
by the county or city with one dollar for every two dollars received,
shall be used to implement the stipulations of the memorandum of
agreement and for other historical, archaeological, architectural, and
cultural preservation and improvements related to the properties.
(b) The amount in (a) of this subsection shall come equally from
the allocations to the county and to the city in which the properties
are located, unless otherwise agreed to by the county and the city.
(c) The amount in (a) of this subsection shall not be construed to
displace or be offered in lieu of any lease payment from a county or
city to the state for the properties in question.
Sec. 243 RCW 82.16.0497 and 2006 c 213 s 1 are each amended to
read as follows:
(1) Unless the context clearly requires otherwise, the definitions
in this subsection apply throughout this section.
(a) "Base credit" means the maximum amount of credit against the
tax imposed by this chapter that each light and power business or gas
distribution business may take each fiscal year as calculated by the
department. The base credit is equal to the proportionate share that
the total grants received by each light and power business or gas
distribution business in the prior fiscal year bears to the total
grants received by all light and power businesses and gas distribution
businesses in the prior fiscal year multiplied by five million five
hundred thousand dollars for fiscal year 2007, and two million five
hundred thousand dollars for all other fiscal years before and after
fiscal year 2007.
(b) "Billing discount" means a reduction in the amount charged for
providing service to qualifying persons in Washington made by a light
and power business or a gas distribution business. Billing discount
does not include grants received by the light and power business or a
gas distribution business.
(c) "Grant" means funds provided to a light and power business or
gas distribution business by the department of ((community, trade, and
economic development)) commerce or by a qualifying organization.
(d) "Low-income home energy assistance program" means energy
assistance programs for low-income households as defined on December
31, 2000, in the low-income home energy assistance act of 1981 as
amended August 1, 1999, 42 U.S.C. Sec. 8623 et seq.
(e) "Qualifying person" means a Washington resident who applies for
assistance and qualifies for a grant regardless of whether that person
receives a grant.
(f) "Qualifying contribution" means money given by a light and
power business or a gas distribution business to a qualifying
organization, exclusive of money received in the prior fiscal year from
its customers for the purpose of assisting other customers.
(g) "Qualifying organization" means an entity that has a
contractual agreement with the department of ((community, trade, and
economic development)) commerce to administer in a specified service
area low-income home energy assistance funds received from the federal
government and such other funds that may be received by the entity.
(2) Subject to the limitations in this section, a light and power
business or a gas distribution business may take a credit each fiscal
year against the tax imposed under this chapter.
(a)(i) A credit may be taken for qualifying contributions if the
dollar amount of qualifying contributions for the fiscal year in which
the tax credit is taken is greater than one hundred twenty-five percent
of the dollar amount of qualifying contributions given in fiscal year
2000.
(ii) If no qualifying contributions were given in fiscal year 2000,
a credit shall be allowed for the first fiscal year that qualifying
contributions are given. Thereafter, credit shall be allowed if the
qualifying contributions given exceed one hundred twenty-five percent
of qualifying contributions given in the first fiscal year.
(iii) The amount of credit shall be fifty percent of the dollar
amount of qualifying contributions given in the fiscal year in which
the tax credit is taken.
(b)(i) A credit may be taken for billing discounts if the dollar
amount of billing discounts for the fiscal year in which the tax credit
is taken is greater than one hundred twenty-five percent of the dollar
amount of billing discounts given in fiscal year 2000.
(ii) If no billing discounts were given in fiscal year 2000, a
credit shall be allowed in the first fiscal year that billing discounts
are given. Thereafter, credit shall be allowed if the dollar amount of
billing discounts given exceeds one hundred twenty-five percent of
billing discounts given in the first fiscal year.
(iii) The amount of credit shall be fifty percent of the dollar
amount of the billing discounts given in the fiscal year in which the
tax credit is taken.
(c) The total amount of credit that may be taken for qualifying
contributions and billing discounts in a fiscal year is limited to the
base credit for the same fiscal year.
(3)(a)(i) Except as provided in (a)(ii) of this subsection, the
total amount of credit, statewide, that may be taken in any fiscal year
shall not exceed two million five hundred thousand dollars.
(ii) The total amount of credit, statewide, that may be taken in
fiscal year 2007 shall not exceed five million five hundred thousand
dollars.
(b) By May 1st of each year starting in 2002, the department of
((community, trade, and economic development)) commerce shall notify
the department of revenue in writing of the grants received in the
current fiscal year by each light and power business and gas
distribution business.
(4)(a) Not later than June 1st of each year beginning in 2002, the
department shall publish the base credit for each light and power
business and gas distribution business for the next fiscal year.
(b) Not later than July 1st of each year beginning in 2002,
application for credit must by made to the department including but not
limited to the following information: Billing discounts given by the
applicant in fiscal year 2000; qualifying contributions given by the
applicant in the prior fiscal year; the amount of money received in the
prior fiscal year from customers for the purpose of assisting other
customers; the base credit for the next fiscal year for the applicant;
the qualifying contributions anticipated to be given in the next fiscal
year; and billing discounts anticipated to be given in the next fiscal
year. No credit under this section will be allowed to a light and
power business or gas distribution business that does not file the
application by July 1st.
(c) Not later than August 1st of each year beginning in 2002, the
department shall notify each applicant of the amount of credit that may
be taken in that fiscal year.
(d) The balance of base credits not used by other light and power
businesses and gas distribution businesses shall be ratably distributed
to applicants under the formula in subsection (1)(a) of this section.
The total amount of credit that may be taken by an applicant is the
base credit plus any ratable portion of unused base credit.
(5) The credit taken under this section is limited to the amount of
tax imposed under this chapter for the fiscal year. The credit must be
claimed in the fiscal year in which the billing reduction is made. Any
unused credit expires. Refunds shall not be given in place of credits.
(6) No credit may be taken for billing discounts made before July
1, 2001. ((Within two weeks of May 8, 2001, the department of
community, trade, and economic development shall notify the department
of revenue in writing of the grants received in fiscal year 2001 by
each light and power business and gas distribution business. Within
four weeks of May 8, 2001, the department of revenue shall publish the
base credit for each light and power business and gas distribution
business for fiscal year 2002. Within eight weeks of May 8, 2001,
application to the department must be made showing the information
required in subsection (4)(b) of this section. Within twelve weeks of
May 8, 2001, the department shall notify each applicant of the amount
of credit that may be taken in fiscal year 2002.))
Sec. 244 RCW 82.73.050 and 2005 c 514 s 906 are each amended to
read as follows:
The department of ((community, trade, and economic development))
commerce shall provide information to the department to administer this
chapter, including a list of designated programs that shall be updated
as necessary.
Sec. 245 RCW 84.14.100 and 2007 c 430 s 10 are each amended to
read as follows:
(1) Thirty days after the anniversary of the date of the
certificate of tax exemption and each year for the tax exemption
period, the owner of the rehabilitated or newly constructed property
shall file with a designated authorized representative of the city an
annual report indicating the following:
(a) A statement of occupancy and vacancy of the rehabilitated or
newly constructed property during the twelve months ending with the
anniversary date;
(b) A certification by the owner that the property has not changed
use and, if applicable, that the property has been in compliance with
the affordable housing requirements as described in RCW 84.14.020 since
the date of the certificate approved by the city;
(c) A description of changes or improvements constructed after
issuance of the certificate of tax exemption; and
(d) Any additional information requested by the city in regards to
the units receiving a tax exemption.
(2) All cities, which issue certificates of tax exemption for
multiunit housing that conform to the requirements of this chapter,
shall report annually by December 31st of each year, beginning in 2007,
to the department of ((community, trade, and economic development))
commerce. The report must include the following information:
(a) The number of tax exemption certificates granted;
(b) The total number and type of units produced or to be produced;
(c) The number and type of units produced or to be produced meeting
affordable housing requirements;
(d) The actual development cost of each unit produced;
(e) The total monthly rent or total sale amount of each unit
produced;
(f) The income of each renter household at the time of initial
occupancy and the income of each initial purchaser of owner-occupied
units at the time of purchase for each of the units receiving a tax
exemption and a summary of these figures for the city; and
(g) The value of the tax exemption for each project receiving a tax
exemption and the total value of tax exemptions granted.
Sec. 246 RCW 84.36.560 and 2007 c 301 s 1 are each amended to
read as follows:
(1) The real and personal property owned or used by a nonprofit
entity in providing rental housing for very low-income households or
used to provide space for the placement of a mobile home for a very
low-income household within a mobile home park is exempt from taxation
if:
(a) The benefit of the exemption inures to the nonprofit entity;
(b) At least seventy-five percent of the occupied dwelling units in
the rental housing or lots in a mobile home park are occupied by a very
low-income household; and
(c) The rental housing or lots in a mobile home park were insured,
financed, or assisted in whole or in part through one or more of the
following sources:
(i) A federal or state housing program administered by the
department of ((community, trade, and economic development)) commerce;
(ii) A federal housing program administered by a city or county
government;
(iii) An affordable housing levy authorized under RCW 84.52.105; or
(iv) The surcharges authorized by RCW 36.22.178 and 36.22.179 and
any of the surcharges authorized in chapter 43.185C RCW.
(2) If less than seventy-five percent of the occupied dwelling
units within the rental housing or lots in the mobile home park are
occupied by very low-income households, the rental housing or mobile
home park is eligible for a partial exemption on the real property and
a total exemption of the housing's or park's personal property as
follows:
(a) A partial exemption shall be allowed for each dwelling unit in
the rental housing or for each lot in a mobile home park occupied by a
very low-income household.
(b) The amount of exemption shall be calculated by multiplying the
assessed value of the property reasonably necessary to provide the
rental housing or to operate the mobile home park by a fraction. The
numerator of the fraction is the number of dwelling units or lots
occupied by very low-income households as of December 31st of the first
assessment year in which the rental housing or mobile home park becomes
operational or on January 1st of each subsequent assessment year for
which the exemption is claimed. The denominator of the fraction is the
total number of dwelling units or lots occupied as of December 31st of
the first assessment year the rental housing or mobile home park
becomes operational and January 1st of each subsequent assessment year
for which exemption is claimed.
(3) If a currently exempt rental housing unit in a facility with
ten units or fewer or mobile home lot in a mobile home park with ten
lots or fewer was occupied by a very low-income household at the time
the exemption was granted and the income of the household subsequently
rises above fifty percent of the median income but remains at or below
eighty percent of the median income, the exemption will continue as
long as the housing continues to meet the certification requirements of
a very low-income housing program listed in subsection (1) of this
section. For purposes of this section, median income, as most recently
determined by the federal department of housing and urban development
for the county in which the rental housing or mobile home park is
located, shall be adjusted for family size. However, if a dwelling
unit or a lot becomes vacant and is subsequently rerented, the income
of the new household must be at or below fifty percent of the median
income adjusted for family size as most recently determined by the
federal department of housing and urban development for the county in
which the rental housing or mobile home park is located to remain
exempt from property tax.
(4) If at the time of initial application the property is
unoccupied, or subsequent to the initial application the property is
unoccupied because of renovations, and the property is not currently
being used for the exempt purpose authorized by this section but will
be used for the exempt purpose within two assessment years, the
property shall be eligible for a property tax exemption for the
assessment year in which the claim for exemption is submitted under the
following conditions:
(a) A commitment for financing to acquire, construct, renovate, or
otherwise convert the property to provide housing for very low-income
households has been obtained, in whole or in part, by the nonprofit
entity claiming the exemption from one or more of the sources listed in
subsection (1)(c) of this section;
(b) The nonprofit entity has manifested its intent in writing to
construct, remodel, or otherwise convert the property to housing for
very low-income households; and
(c) Only the portion of property that will be used to provide
housing or lots for very low-income households shall be exempt under
this section.
(5) To be exempt under this section, the property must be used
exclusively for the purposes for which the exemption is granted, except
as provided in RCW 84.36.805.
(6) The nonprofit entity qualifying for a property tax exemption
under this section may agree to make payments to the city, county, or
other political subdivision for improvements, services, and facilities
furnished by the city, county, or political subdivision for the benefit
of the rental housing. However, these payments shall not exceed the
amount last levied as the annual tax of the city, county, or political
subdivision upon the property prior to exemption.
(7) As used in this section:
(a) "Group home" means a single-family dwelling financed, in whole
or in part, by one or more of the sources listed in subsection (1)(c)
of this section. The residents of a group home shall not be considered
to jointly constitute a household, but each resident shall be
considered to be a separate household occupying a separate dwelling
unit. The individual incomes of the residents shall not be aggregated
for purposes of this exemption;
(b) "Mobile home lot" or "mobile home park" means the same as these
terms are defined in RCW 59.20.030;
(c) "Occupied dwelling unit" means a living unit that is occupied
by an individual or household as of December 31st of the first
assessment year the rental housing becomes operational or is occupied
by an individual or household on January 1st of each subsequent
assessment year in which the claim for exemption is submitted. If the
housing facility is comprised of three or fewer dwelling units and
there are any unoccupied units on January 1st, the department shall
base the amount of the exemption upon the number of occupied dwelling
units as of December 31st of the first assessment year the rental
housing becomes operational and on May 1st of each subsequent
assessment year in which the claim for exemption is submitted;
(d) "Rental housing" means a residential housing facility or group
home that is occupied but not owned by very low-income households;
(e) "Very low-income household" means a single person, family, or
unrelated persons living together whose income is at or below fifty
percent of the median income adjusted for family size as most recently
determined by the federal department of housing and urban development
for the county in which the rental housing is located and in effect as
of January 1st of the year the application for exemption is submitted;
and
(f) "Nonprofit entity" means a:
(i) Nonprofit as defined in RCW 84.36.800 that is exempt from
income tax under section 501(c) of the federal internal revenue code;
(ii) Limited partnership where a nonprofit as defined in RCW
84.36.800 that is exempt from income tax under section 501(c) of the
federal internal revenue code, a public corporation established under
RCW 35.21.660, 35.21.670, or 35.21.730, a housing authority created
under RCW 35.82.030 or 35.82.300, or a housing authority meeting the
definition in RCW 35.82.210(2)(a) is a general partner; or
(iii) Limited liability company where a nonprofit as defined in RCW
84.36.800 that is exempt from income tax under section 501(c) of the
federal internal revenue code, a public corporation established under
RCW 35.21.660, 35.21.670, or 35.21.730, a housing authority established
under RCW 35.82.030 or 35.82.300, or a housing authority meeting the
definition in RCW 35.82.210(2)(a) is a managing member.
Sec. 247 RCW 88.02.053 and 1996 c 3 s 2 are each amended to read
as follows:
(1) The maritime historic restoration and preservation account is
created in the custody of the state treasurer. All receipts from the
voluntary donations made simultaneously with the registration of
vessels under chapter 88.02 RCW shall be deposited into this account.
These deposits are not public funds and are not subject to allotment
procedures under chapter 43.88 RCW.
(2) At the end of each fiscal year, the state treasurer shall pay
from this account to the department of licensing an amount equal to the
reasonable administrative expenses of that agency for that fiscal year
for collecting the voluntary donations and transmitting them to the
state treasurer and shall pay to the state treasurer an amount equal to
the reasonable administrative expenses of that agency for that fiscal
year for maintaining the account and disbursing funds from the account.
(3) At the end of each fiscal year, the state treasurer shall pay
one-half of the balance of the funds in the account after payment of
the administrative costs provided in subsection (2) of this section, to
the Grays Harbor historical seaport or its corporate successor and the
remainder to the Steamer Virginia V foundation or its corporate
successor.
(4) If either the Grays Harbor historical seaport and its corporate
successors or the Steamer Virginia V foundation and its corporate
successors legally ceases to exist, the state treasurer shall, at the
end of each fiscal year, pay the balance of the funds in the account to
the remaining organization.
(5) If both the Grays Harbor historical seaport and its corporate
successors and the Steamer Virginia V foundation and its corporate
successors legally cease to exist, the department of licensing shall
discontinue the collection of the voluntary donations in conjunction
with the registration of vessels under RCW 88.02.052, and the balance
of the funds in the account escheat to the state. If funds in the
account escheat to the state, one-half of the fund balance shall be
provided to the ((office)) department of archaeology and historic
preservation and the remainder shall be deposited into the parks
renewal and stewardship account.
(((6) The secretary of state, the directors of the state historical
societies, the director of the office of archaeology and historic
preservation within the department of community, trade, and economic
development, and two members representing the recreational boating
community appointed by the secretary of state, shall review the success
of the voluntary donation program for maritime historic restoration and
preservation established under RCW 88.02.052 and report their findings
to the appropriate legislative committees by January 31, 1998. The
findings must include the progress of the program and the potential to
expand the voluntary funding to other historic vessels.))
Sec. 248 RCW 89.10.020 and 2007 c 352 s 3 are each amended to
read as follows:
(1) The farmland preservation task force is established with the
following voting members:
(a) Six farmer representatives, one from each of six regions
delineated by the state conservation commission at least one of whom is
a commercial livestock producer, of which at least two representatives
shall be under the age of forty-five, appointed by the governor from
persons nominated by recognized agricultural organizations;
(b) A representative of the state conservation commission,
appointed by the chair of the state conservation commission;
(c) A representative of the department of agriculture, appointed by
the director;
(d) A representative of counties in eastern Washington, appointed
by the Washington state association of counties;
(e) A representative of counties in western Washington, appointed
by the Washington state association of counties;
(f) Two members of the senate, one from each major political
caucus, appointed by the president of the senate;
(g) Two members of the house of representatives, one from each
major political caucus, appointed by the speaker of the house of
representatives;
(h) A representative of the office of the governor, appointed by
the governor; and
(i) A representative of conservation districts, appointed by the
state association of conservation districts.
(2) The following persons shall be requested to participate as
nonvoting members of the farmland preservation task force:
(a) A representative of the federal natural resources conservation
service with knowledge of federal agricultural land retention programs
and funding sources, appointed by the state conservationist; and
(b) A person with technical expertise from the department of
((community, trade, and economic development)) commerce, appointed by
the agency's director.
(3) The task force shall meet at least twice a year. The task
force shall be staffed by the state conservation commission. The chair
of the task force shall be elected for a term of one year by the voting
members of the task force.
(4) Nonlegislative members of the task force are entitled to be
reimbursed for travel expenses in accordance with RCW 43.03.050 and
43.03.060 by the state conservation commission. Legislative members of
the task force are entitled to be reimbursed for travel expenses in
accordance with RCW 44.04.120.
(5) This section expires January 1, 2011.
Sec. 249 RCW 90.03.247 and 2003 c 39 s 48 are each amended to
read as follows:
Whenever an application for a permit to make beneficial use of
public waters is approved relating to a stream or other water body for
which minimum flows or levels have been adopted and are in effect at
the time of approval, the permit shall be conditioned to protect the
levels or flows. No agency may establish minimum flows and levels or
similar water flow or level restrictions for any stream or lake of the
state other than the department of ecology whose authority to establish
is exclusive, as provided in chapter 90.03 RCW and RCW 90.22.010 and
90.54.040. The provisions of other statutes, including but not limited
to ((RCW 77.55.100 and)) chapter 43.21C RCW, may not be interpreted in
a manner that is inconsistent with this section. In establishing such
minimum flows, levels, or similar restrictions, the department shall,
during all stages of development by the department of ecology of
minimum flow proposals, consult with, and carefully consider the
recommendations of, the department of fish and wildlife, the department
of ((community, trade, and economic development)) commerce, the
department of agriculture, and representatives of the affected Indian
tribes. Nothing herein shall preclude the department of fish and
wildlife, the department of ((community, trade, and economic
development)) commerce, or the department of agriculture from
presenting its views on minimum flow needs at any public hearing or to
any person or agency, and the department of fish and wildlife, the
department of ((community, trade, and economic development)) commerce,
and the department of agriculture are each empowered to participate in
proceedings of the federal energy regulatory commission and other
agencies to present its views on minimum flow needs.
Sec. 250 RCW 90.56.280 and 1995 c 399 s 218 are each amended to
read as follows:
It shall be the duty of any person discharging oil or hazardous
substances or otherwise causing, permitting, or allowing the same to
enter the waters of the state, unless the discharge or entry was
expressly authorized by the department prior thereto or authorized by
operation of law under RCW 90.48.200, to immediately notify the coast
guard and the division of emergency management. The notice to the
division of emergency management within the department of ((community,
trade, and economic development)) commerce shall be made to the
division's twenty-four hour statewide toll-free number established for
reporting emergencies.
Sec. 251 RCW 90.82.048 and 2003 1st sp.s. c 5 s 9 are each
amended to read as follows:
(1) The timelines and interim milestones in a detailed
implementation plan required by RCW 90.82.043 must address the planned
future use of existing water rights for municipal water supply
purposes, as defined in RCW 90.03.015, that are inchoate, including how
these rights will be used to meet the projected future needs identified
in the watershed plan, and how the use of these rights will be
addressed when implementing instream flow strategies identified in the
watershed plan.
(2) The watershed planning unit or other authorized lead agency
shall ensure that holders of water rights for municipal water supply
purposes not currently in use are asked to participate in defining the
timelines and interim milestones to be included in the detailed
implementation plan.
(3) The department of health shall annually compile a list of water
system plans and plan updates to be reviewed by the department during
the coming year and shall consult with the departments of ((community,
trade, and economic development)) commerce, ecology, and fish and
wildlife to: (a) Identify watersheds where further coordination is
needed between water system planning and local watershed planning under
this chapter; and (b) develop a work plan for conducting the necessary
coordination.
NEW SECTION. Sec. 252 RCW 35.22.660, 35.22.680, 35.63.140,
35.63.180, 35A.63.149, 35A.63.210, 36.32.520, 36.32.560, 36.70.675,
36.70.755, 43.330.005, 59.22.090, 59.28.120, 67.28.8001, and 77.12.710
are each decodified.
NEW SECTION. Sec. 253 2009 c 565 s 34 is repealed.