MORNING SESSION
Senate Chamber, Olympia, Tuesday, April 14, 2015
The Senate was called to order at 10:00 o’clock a.m. by President Owen. The Secretary called the roll and announced to the President that all senators were present.
The Sergeant at Arms Color Guard consisting of Pages Cora Andersen Bicknell and Dominic Gjurasic, presented the Colors. Pastor Kyle Rasmussen of Bethel Church in Chehalis offered the prayer.
MOTION
On motion of Senator Fain, the reading of the Journal of the previous day was dispensed with and it was approved.
MOTION
On motion of Senator Fain, the Senate advanced to the fourth order of business.
MESSAGE FROM THE HOUSE
April 13, 2015
MR. PRESIDENT:
The House has passed:
SUBSTITUTE SENATE BILL NO. 5156,
SUBSTITUTE SENATE BILL NO. 5268,
SECOND SUBSTITUTE SENATE BILL NO. 5311,
SENATE BILL NO. 5464,
SENATE BILL NO. 5482,
SECOND SUBSTITUTE SENATE BILL NO. 5486,
SUBSTITUTE SENATE BILL NO. 5488,
SENATE BILL NO. 5881,
SUBSTITUTE SENATE BILL NO. 5897,
SENATE BILL NO. 5974,
SUBSTITUTE SENATE BILL NO. 5999
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MESSAGE FROM THE HOUSE
April 13, 2015
MR. PRESIDENT:
The House has passed:
SENATE BILL NO. 5032,
SUBSTITUTE SENATE BILL NO. 5059,
SECOND SUBSTITUTE SENATE BILL NO. 5215,
SUBSTITUTE SENATE BILL NO. 5293,
SUBSTITUTE SENATE BILL NO. 5322,
SENATE BILL NO. 5793
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
On motion of Senator Fain, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING
SB 6099 by Senators Padden, O'Ban and Conway
AN ACT Relating to appointing a representative for a crime victim in certain circumstances; amending RCW 9.94A.500; creating a new section; and providing an effective date.
Referred to Committee on Law & Justice.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
SHB 1822 by House Committee on Transportation (originally sponsored by Representatives Farrell, Orcutt, Fey, Fitzgibbon and Moscoso)
AN ACT Relating to extending and modifying the commute trip reduction tax credit; amending RCW 82.70.900, 82.70.050, 82.70.020, 82.70.025, 82.70.040, and 82.70.060; creating a new section; providing an effective date; providing expiration dates; and declaring and emergency.
Referred to Committee on Transportation.
SHB 1892 by House Committee on Transportation (originally sponsored by Representatives Fey, Clibborn, Farrell, Moscoso, Tarleton, Ormsby and Bergquist)
AN ACT Relating to repealing the deduction for handling losses of motor vehicle fuel; repealing RCW 82.38.083 and 82.36.029; providing an effective date; and providing a contingent effective date.
Referred to Committee on Transportation.
HB 1995 by Representative Ryu
AN ACT Relating to a new studded tire fee; adding a new section to chapter 46.37 RCW; prescribing penalties; and providing an effective date.
Referred to Committee on Transportation.
E2SHB 2136 by House Committee on Appropriations (originally sponsored by Representative Carlyle)
AN ACT Relating to comprehensive marijuana market reforms to ensure a well-regulated and taxed marijuana market in Washington state; amending RCW 69.50.334, 69.50.357, 69.50.369, 69.50.535, 69.50.540, 69.50.331, 69.50.445, 69.50.4013, 18.170.020, 69.50.4014, 66.08.050, 69.50.101, 28B.20.502, 43.350.030, 69.50.530, 69.50.342, and 66.08.012; adding new sections to chapter 69.50 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; adding a new section to chapter 42.56 RCW; creating new sections; providing contingent effective dates; making appropriations; and declaring an emergency.
Referred to Committee on Ways & Means.
HCR 4401 by Representatives S. Hunt and Reykdal
Renaming "Office Building 2" as the "Human Services Building."
Referred to Committee on Government Operations & Security.
MOTION
On motion of Senator Fain, all measures listed on the Introduction and First Reading report were referred to the committees as designated.
MOTION
On motion of Senator Fain, the Senate advanced to the eighth order of business.
MOTION
Senator Baumgartner moved adoption of the following resolution:
SENATE RESOLUTION
8664
By Senator Baumgartner
WHEREAS, Washington State has a long established, rich, and celebrated sporting history; and
WHEREAS, Washington's sporting history spans all forms of athletic competition, both professional and amateur; and
WHEREAS, Spokane based boxers Chauncy "The Hillyard Hammer" Welliver and Patrick Ferguson continue to provide a reason for Washington to celebrate its sporting history; and
WHEREAS, Chauncy has distinguished himself from his peers by earning a record of 55 wins - 22 by knockout, 11 losses - 3 by knockout, and 5 draws; and
WHEREAS, Chauncy's peers saw fit to award him the title of WBC Continental Americas "Champion of the Year"; and
WHEREAS, Patrick has shown true pride and dedication to his craft, earning the 2015 USA Boxing Heavyweight Elite National Champion title in Spokane earlier this year; and
WHEREAS, Patrick's ambitions reach further than Spokane city limits and Washington State Border, he aspires to represent the United States of America at the 2016 Olympic Games in Rio; and
WHEREAS, Both Chauncy and Patrick's dedication to excellence isn't simply limited to the boxing ring; and
WHEREAS, Both fighters make the best of their reach, lightning fast hands, and fancy footwork to provide mentorship opportunities for disadvantaged and at-risk youth; and
WHEREAS, Living by the motto, "If you believe it, you achieve it," best defines the way they live their lives; and
WHEREAS, In their words, it is important to remember where you come from and always choose to inspire others, especially the less fortunate;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate celebrate the sporting triumphs and community compassion of Chauncy Welliver and Patrick Ferguson; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted to Chauncy Welliver, Patrick Ferguson, the Hillyard Neighborhood council, Spokane City Council, Spokane County Commissioners, Team USA Boxing, and the World Boxing Council.
Senator Baumgartner spoke in favor of adoption of the resolution.
POINT OF INQUIRY
Senator Mullet: “Would the good Senator yield to a question? .How much do we have to put together to go three rounds with one of these gentlemen?”
Senator Baumgartner: “Well, I do have to admit I thought about using these two guys to work over Hargrove a little bit in budget negotiations. But I have actually worked out last summer at Chauncy’s gym. Chauncy’s not just a great boxer, he’s a small business owner in Spokane, the Box Fit Gym in Spokane. Would encourage any of you when you come out. It’s in Senator Billig’s great Third District but I’m sure we could all go a few round with him and he’ll take it easy on us. If we could see Hargrove get worked over, I’d be all for that.”
REMARKS BY SENATOR HARGROVE
Senator Hargrove: “Well, at least Senator Baumgartner recognizes that he would need some help.”
Senator Sheldon spoke in favor of adoption of the resolution.
The President declared the question before the Senate to be the adoption of Senate Resolution No. 8664.
The motion by Senator Baumgartner carried and the resolution was adopted by voice vote.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced Mr. Chauncy Welliver, his wife Sarah and 16-month old daughter Lymon, and Mr. Patrick Ferguson who were present in the gallery and recognized by the senate.
MOTION
On motion of Senator Fain, the Senate reverted to the seventh order of business.
THIRD READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Dammeier moved that Maud Daudon, Gubernatorial Appointment No. 9033, be confirmed as a member of the Washington State Student Achievement Council.
Senators Dammeier, Kohl-Welles and Frockt spoke in favor of passage of the motion.
MOTION
On motion of Senator Habib, Senator Ranker was excused.
APPOINTMENT OF MAUD DAUDON
The President declared the question before the Senate to be the confirmation of Maud Daudon, Gubernatorial Appointment No. 9033, as a member of the Washington State Student Achievement Council.
The Secretary called the roll on the confirmation of Maud Daudon, Gubernatorial Appointment No. 9033, as a member of the Washington State Student Achievement Council and the appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick
Maud Daudon, Gubernatorial Appointment No. 9033, having received the constitutional majority was declared confirmed as a member of the Washington State Student Achievement Council.
SIGNED BY THE PRESIDENT
Pursuant to Article 2, Section 32 of the State Constitution and Senate Rule 1(5), the President announced the signing of and thereupon did sign in open session:
SENATE BILL NO. 5119,
SENATE BILL NO. 5121,
SENATE BILL NO. 5249,
SECOND SUBSTITUTE SENATE BILL NO. 5404,
SUBSTITUTE SENATE BILL NO. 5448,
SUBSTITUTE SENATE BILL NO. 5518, and
SENATE BILL NO. 5768.
THIRD READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Bailey moved that Shaunta Hyde, Gubernatorial Appointment No. 9072, be confirmed as a member of the State Board for Community and Technical Colleges.
Senator Bailey spoke in favor of the motion.
MOTION
On motion of Senator Habib, Senator Frockt was excused.
APPOINTMENT OF SHAUNTA HYDE
The President declared the question before the Senate to be the confirmation of Shaunta Hyde, Gubernatorial Appointment No. 9072, as a member of the State Board for Community and Technical Colleges.
The Secretary called the roll on the confirmation of Shaunta Hyde, Gubernatorial Appointment No. 9072, as a member of the State Board for Community and Technical Colleges and the appointment was confirmed by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Habib, Hargrove, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick
Excused: Senator Frockt
Shaunta Hyde, Gubernatorial Appointment No. 9072, having received the constitutional majority was declared confirmed as a member of the State Board for Community and Technical Colleges.
MOTION
On motion of Senator Fain, the Senate reverted to the sixth order of business.
PERSONAL PRIVILEGE
Senator Chase: “Thank you Mr. President. Today is Women’s Equality Day, National Equal payday, National Equal payday. This is the day that President Barak Obama that we will all take a look at how much money women are making in relationship to men. You will all be happy to know that in our state women make seventy eight cents for every dollar that men make. When I first started on this campaign women were making seventy two cents. This was back in the 1970s. We are making great progress. Five cents in the last thirty years, five cents. Now lest any of you think that your district is perfect and that women are being paid equally in your district, I would like to call your attention to a document that I circulated to this body. Everybody has it. Showing the legislative district and the elected official that represents that district and it also shows a number of government workers that you have, the number of manufacturer workers and the number of agriculture workers are extractive industry but it also shows how much women are making in your district relative to men. I urge you to take a look at this. Additionally, recently in the last month we have the new economic report on the status of women. How we have achieved these great gains across our state. And I will be sending it to you just so you can take a look and be prepared because I’m also as my colleague Senator Roach asked for her remarks to be spread on the record I will be spreading these numbers across the state. So, I urge you to be prepared for when you talk to the women in your district to celebrate with them the fact that not in all districts but in most districts we have achieved five cents of pay equity in the last thirty years. This is a great victory. We need to celebrate it. Thank you Mr. President.”
PERSONAL PRIVILEGE
Senator Cleveland: “Thank you Mr. President. I too rise today in recognition of equal pay day and while I know this is an issue that cuts across many boundaries I also know that according to a January 2015 Institute for Women’s policy report, if we take no further action to advance pay equity women in Washington won’t gain pay equity until 2071. Let me say that again, 2071. Now given that our state passed our original pay act seventy two years ago in 1943 this means we will not achieve pay equity for another fifty six years. Mr. President, one hundred twenty eight years to achieve equal pay is too long and it does not honor our long history as a state of being a champion for women. As I look around this body and I see the tremendous women here today as well as those who have served us in the past we’re leading our state and lighting the way forward. I urge us to on this day of recognition of the equal pay act that we commit to addressing this issue together. Thank you.”
PERSONAL PRIVILEGE
Senator Jayapal: “Thank you Mr. President. I too rise in support of equal pay day. I was just remembering that last year during my campaign I had the great honor to be endorsed by Lilly Ledbetter an incredible, incredible champion for equal pay and for women’s pay equity across the country. As I listen to her story and the decades she spent not knowing what was actually with her salary, not knowing that she was being paid less and then the trials and tribulations she went through as she brought the case forward and the hate mail she got along the way. But the champion she emerged as I rise today in support of women like Lilly Ledbetter across the country who are striving for equal pay. Mr. President, we already know that Washington’s women make about seventy seven cents on the dollar but I also wanted to point out that women of color in particular are hit the hardest. Latino women, Latinas for example make just fifty four cents on the dollar and African-American women just make sixty four cents of what a white man makes. Mr. President, equal pay is not just a women’s issue. If we pay women more we know it’s going to generate more for families. This is a family issue because women take care of their families, they’re the first ones to spend on their kids’ education and if we were to increase the pay and make it equal pay for women studies estimate that it would pour about two hundred billion dollars into the U.S. economy because we know that women aren’t putting the money into Swiss bank accounts or investing in stocks and bonds. We know they are spending on what their kids and families need. So, Mr. President, Washington State has twenty four states doing better than us on the equal pay issue and we need to put ourselves at the top of the list. We need to make sure that we are doing everything we can. Thank you Mr. President.”
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1844, by House Committee on Transportation (originally sponsored by Representatives Moscoso, Kochmar, Clibborn, Fey, Appleton, Ortiz-Self and Tarleton)
Concerning work performed by state forces on ferry vessels and terminals.
The measure was read the second time.
MOTION
Senator King moved that the following committee striking amendment by the Committee on Transportation be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 47.28.030 and 2014 c 222 s 701 are each amended to read as follows:
(1)(a) A state highway shall be constructed, altered, repaired, or improved, and improvements located on property acquired for right‑of‑way purposes may be repaired or renovated pending the use of such right‑of‑way for highway purposes, by contract or state forces. The work or portions thereof may be done by state forces when the estimated costs thereof are less than fifty thousand dollars and effective July 1, 2005, sixty thousand dollars.
(b) When delay of performance of such work would jeopardize a state highway or constitute a danger to the traveling public, the work may be done by state forces when the estimated cost thereof is less than eighty thousand dollars and effective July 1, 2005, one hundred thousand dollars.
(c) When the department of transportation determines to do the work by state forces, it shall enter a statement upon its records to that effect, stating the reasons therefor.
(d) To enable a larger number of small businesses and veteran, minority, and women contractors to effectively compete for department of transportation contracts, the department may adopt rules providing for bids and award of contracts for the performance of work, or furnishing equipment, materials, supplies, or operating services whenever any work is to be performed and the engineer's estimate indicates the cost of the work would not exceed eighty thousand dollars and effective July 1, 2005, one hundred thousand dollars.
(2) The rules adopted under this section:
(a) Shall provide for competitive bids to the extent that competitive sources are available except when delay of performance would jeopardize life or property or inconvenience the traveling public; and
(b) Need not require the furnishing of a bid deposit nor a performance bond, but if a performance bond is not required then progress payments to the contractor may be required to be made based on submittal of paid invoices to substantiate proof that disbursements have been made to laborers, material suppliers, mechanics, and subcontractors from the previous partial payment; and
(c) May establish prequalification standards and procedures as an alternative to those set forth in RCW 47.28.070, but the prequalification standards and procedures under RCW 47.28.070 shall always be sufficient.
(3) The department of transportation shall comply with such goals and rules as may be adopted by the office of minority and women's business enterprises to implement chapter 39.19 RCW with respect to contracts entered into under this chapter. The department may adopt such rules as may be necessary to comply with the rules adopted by the office of minority and women's business enterprises under chapter 39.19 RCW.
(4)(a) ((For the period of
March 15, 2014, through June 30, 2015,)) Work for less than one
hundred ((twenty)) thousand dollars may be performed on ferry vessels
and terminals by state forces.
(b) When the estimated cost of work to be performed on ferry vessels and terminals is between one hundred thousand dollars and two hundred thousand dollars, the department shall contact, by mail or electronic mail, contractors that appear on the department's small works roster as created pursuant to procedures in chapter 39.04 RCW to do specific work the contractors are qualified to do to determine if any contractor is interested and capable of doing the work. If there is a response of interest within seventy-two hours, the small works roster procedures commence. If no qualified contractors respond with interest and availability to do the work, the department may use its regular contracting procedures. If the secretary determines that the work to be completed is an emergency, procedures governing emergencies apply.
(c) The department shall hire a disinterested, third party to conduct an independent analysis to identify methods of reducing out-of-service times for vessel maintenance, preservation, and improvement projects. The analysis must include options that consider consolidating work while vessels are at shipyards by having state forces perform services traditionally performed at Eagle Harbor at the shipyard and decreasing the allowable time at shipyards. The analysis must also compare the out-of-service vessel times of performing services by state forces versus contracting out those services which in turn must be used to form a recommendation as to what the threshold of work performed on ferry vessels and terminals by state forces should be. This analysis must be presented to the transportation committees of the senate and house of representatives by December 1, 2010.
(((c))) (d) The
department shall develop a proposed ferry vessel maintenance, preservation, and
improvement program and present it to the transportation committees of the
senate and house of representatives by December 1, 2010. The proposed program
must:
(i) Improve the basis for budgeting vessel maintenance, preservation, and improvement costs and for projecting those costs into a sixteen-year financial plan;
(ii) Limit the amount of planned out-of-service time to the greatest extent possible, including options associated with department staff as well as commercial shipyards; and
(iii) Be based on the service plan in the capital plan, recognizing that vessel preservation and improvement needs may vary by route.
(((d))) (e) In
developing the proposed ferry vessel maintenance, preservation, and improvement
program, the department shall consider the following, related to reducing
vessel out-of-service time:
(i) The costs compared to benefits of Eagle Harbor repair and maintenance facility operations options to include staffing costs and benefits in terms of reduced out-of-service time;
(ii) The maintenance requirements for on-vessel staff, including the benefits of a systemwide standard;
(iii) The costs compared to benefits of staff performing preservation or maintenance work, or both, while the vessel is underway, tied up between sailings, or not deployed;
(iv) A review of the department's vessel maintenance, preservation, and improvement program contracting process and contractual requirements;
(v) The costs compared to benefits of allowing for increased costs associated with expedited delivery;
(vi) A method for comparing the anticipated out-of-service time of proposed projects and other projects planned during the same construction period;
(vii) Coordination with required United States coast guard dry dockings;
(viii) A method for comparing how proposed projects relate to the service requirements of the route on which the vessel normally operates; and
(ix) A method for evaluating the ongoing maintenance and preservation costs associated with proposed improvement projects.
NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2015."
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Transportation to Engrossed Substitute House Bill No. 1844.
The motion by Senator King carried and the committee striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 2 of the title, after "terminals;" strike the remainder of the title and insert "amending RCW 47.28.030; providing an effective date; and declaring an emergency."
MOTION
On motion of Senator King, the rules were suspended, Engrossed Substitute House Bill No. 1844 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator King spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1844 as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1844 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1844 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Mullet, Senators Billig and Nelson were excused.
SECOND READING
HOUSE BILL NO. 1531, by Representatives Tharinger, Harris, Jinkins, Cody, Caldier, Kagi, Wylie and Senn
Removing expiration dates for training and certification exemptions for certain long-term care workers.
The measure was read the second time.
MOTION
On motion of Senator Becker, the rules were suspended, House Bill No. 1531 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Becker spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of House Bill No. 1531.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1531 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick
Voting nay: Senator Dansel
Excused: Senators Billig and Nelson
HOUSE BILL NO. 1531, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1440, by House Committee on Public Safety (originally sponsored by Representatives Taylor, Goodman, Pollet, Scott, Condotta, Shea, G. Hunt, Young, Moscoso, Smith, Ryu, Jinkins, Magendanz, Farrell and McCaslin)
Prohibiting the use of a cell site simulator device without a warrant.
The measure was read the second time.
MOTION
Senator Padden moved that the following committee striking amendment by the Committee on Law & Justice be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 9.73 RCW to read as follows:
The state and its political subdivisions shall not, by means of a cell site simulator device, collect or use a person's electronic data or metadata without (1) that person's informed consent, (2) a warrant, based upon probable cause, that describes with particularity the person, place, or thing to be searched or seized, or (3) acting in accordance with a legally recognized exception to the warrant requirements.
Sec. 2. RCW 9.73.260 and 1998 c 217 s 1 are each amended to read as follows:
(1) As used in this section:
(a) "Wire communication" means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception, including the use of such connection in a switching station, furnished or operated by any person engaged in providing or operating such facilities for the transmission of intrastate, interstate, or foreign communications, and such term includes any electronic storage of such communication.
(b) "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system, but does not include:
(i) Any wire or oral communication;
(ii) Any communication made through a tone-only paging device; or
(iii) Any communication from a tracking device, but solely to the extent the tracking device is owned by the applicable law enforcement agency.
(c) "Electronic communication service" means any service that provides to users thereof the ability to send or receive wire or electronic communications.
(d) "Pen register" means a device that records or decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached, but such term does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business.
(e) "Trap and trace device" means a device that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted.
(f) "Cell site simulator device" means a device that transmits or receives radio waves for the purpose of conducting one or more of the following operations: (i) Identifying, locating, or tracking the movements of a communications device; (ii) intercepting, obtaining, accessing, or forwarding the communications, stored data, or metadata of a communications device; (iii) affecting the hardware or software operations or functions of a communications device; (iv) forcing transmissions from or connections to a communications device; (v) denying a communications device access to other communications devices, communications protocols, or services; or (vi) spoofing or simulating a communications device, cell tower, cell site, or service, including, but not limited to, an international mobile subscriber identity catcher or other invasive cell phone or telephone surveillance or eavesdropping device that mimics a cell phone tower and sends out signals to cause cell phones in the area to transmit their locations, identifying information, and communications content, or a passive interception device or digital analyzer that does not send signals to a communications device under surveillance. A cell site simulator device does not include any device used or installed by an electric utility, as defined in RCW 19.280.020, solely to the extent such device is used by that utility to measure electrical usage, to provide services to customers, or to operate the electric grid.
(2) No person may install or
use a pen register ((or)), trap and trace device, or cell site
simulator device without a prior court order issued under this section
except as provided under subsection (6) of this section or RCW 9.73.070.
(3) A law enforcement officer
may apply for and the superior court may issue orders and extensions of orders
authorizing the installation and use of pen registers ((and)),
trap and trace devices, and cell site simulator devices as provided in
this section. The application shall be under oath and shall include the
identity of the officer making the application and the identity of the law
enforcement agency conducting the investigation. The applicant must certify
that the information likely to be obtained is relevant to an ongoing criminal
investigation being conducted by that agency.
(4) If the court finds that
the information likely to be obtained by such installation and use is relevant
to an ongoing criminal investigation and finds that there is probable cause to
believe that the pen register ((or)), trap and trace device,
or cell site simulator device will lead to obtaining evidence of a crime,
contraband, fruits of crime, things criminally possessed, weapons, or other
things by means of which a crime has been committed or reasonably appears about
to be committed, or will lead to learning the location of a person who is
unlawfully restrained or reasonably believed to be a witness in a criminal
investigation or for whose arrest there is probable cause, the court shall
enter an ex parte order authorizing the installation and use of a pen register
((or a)), trap and trace device, or cell site simulator device.
The order shall specify:
(a)(i) In the case of a pen register or trap and trace device, the identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached; or
(ii) In the case of a cell site simulator device, the identity, if known, of (A) the person to whom is subscribed or in whose name is subscribed the electronic communications service utilized by the device to which the cell site simulator device is to be used and (B) the person who possesses the device to which the cell site simulator device is to be used;
(b) The identity, if known, of the person who is the subject of the criminal investigation;
(c)(i) In the case of a pen register or trap and trace device, the number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order; or
(ii) In the case of a cell site simulator device: (A) The telephone number or other unique subscriber account number identifying the wire or electronic communications service account used by the device to which the cell site simulator device is to be attached or used; (B) if known, the physical location of the device to which the cell site simulator device is to be attached or used; (C) the type of device, and the communications protocols being used by the device, to which the cell site simulator device is to be attached or used; (D) the geographic area that will be covered by the cell site simulator device; (E) all categories of metadata, data, or information to be collected by the cell site simulator device from the targeted device including, but not limited to, call records and geolocation information; (F) whether or not the cell site simulator device will incidentally collect metadata, data, or information from any parties or devices not specified in the court order, and if so, what categories of information or metadata will be collected; and (G) any disruptions to access or use of a communications or internet access network that may be created by use of the device; and
(d) A statement of the
offense to which the information likely to be obtained by the pen register ((or)),
trap and trace device, or cell site simulator device relates.
The order shall direct, if
the applicant has requested, the furnishing of information, facilities, and
technical assistance necessary to accomplish the installation of the pen
register ((or)), trap and trace device, or cell site simulator
device. An order issued under this section shall authorize the installation
and use of a: (i) Pen register or a trap and trace device for a period
not to exceed sixty days; and (ii) a cell site simulator device for sixty
days. An extension of the original order may only be granted upon: A new
application for an order under subsection (3) of this section; and a showing
that there is a probability that the information or items sought under this
subsection are more likely to be obtained under the extension than under the
original order. No extension beyond the first extension shall be granted
unless: There is a showing that there is a high probability that the
information or items sought under this subsection are much more likely to be
obtained under the second or subsequent extension than under the original
order; and there are extraordinary circumstances such as a direct and immediate
danger of death or serious bodily injury to a law enforcement officer. The
period of extension shall be for a period not to exceed sixty days.
An order authorizing or
approving the installation and use of a pen register ((or a)),
trap and trace device, or cell site simulator device shall direct that
the order be sealed until otherwise ordered by the court and that the person
owning or leasing the line to which the pen register ((or)), trap
and trace device, and cell site simulator devices is attached or used,
or who has been ordered by the court to provide assistance to the applicant,
not disclose the existence of the pen register ((or)), trap and
trace device, or cell site simulator device or the existence of the
investigation to the listed subscriber or to any other person, unless or until
otherwise ordered by the court.
(5) Upon the presentation of an order, entered under subsection (4) of this section, by an officer of a law enforcement agency authorized to install and use a pen register under this chapter, a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish such law enforcement officer forthwith all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such assistance is directed by a court order as provided in subsection (4) of this section.
Upon the request of an officer of a law enforcement agency authorized to receive the results of a trap and trace device under this chapter, a provider of a wire or electronic communication service, landlord, custodian, or other person shall install such device forthwith on the appropriate line and shall furnish such law enforcement officer all additional information, facilities, and technical assistance including installation and operation of the device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such installation and assistance is directed by a court order as provided in subsection (4) of this section. Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the officer of a law enforcement agency, designated in the court order, at reasonable intervals during regular business hours for the duration of the order.
A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this subsection shall be reasonably compensated by the law enforcement agency that requests the facilities or assistance for such reasonable expenses incurred in providing such facilities and assistance.
No cause of action shall lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under this section. A good faith reliance on a court order under this section, a request pursuant to this section, a legislative authorization, or a statutory authorization is a complete defense against any civil or criminal action brought under this chapter or any other law.
(6)(a) Notwithstanding any
other provision of this chapter, a law enforcement officer and a prosecuting
attorney or deputy prosecuting attorney who jointly and reasonably determine
that there is probable cause to believe that an emergency situation exists that
involves immediate danger of death or serious bodily injury to any person that
requires the installation and use of a pen register ((or a)),
trap and trace device, or cell site simulator device before an order
authorizing such installation and use can, with due diligence, be obtained, and
there are grounds upon which an order could be entered under this chapter to
authorize such installation and use, may have installed and use a pen register
((or)), trap and trace device, or cell site simulator device
if, within forty-eight hours after the installation has occurred, or begins to
occur, an order approving the installation or use is issued in accordance with
subsection (4) of this section. In the absence of an authorizing order, such
use shall immediately terminate when the information sought is obtained, when
the application for the order is denied or when forty-eight hours have lapsed
since the installation of the pen register ((or)), trap and trace
device, or cell site simulator device, whichever is earlier. If an order
approving the installation or use is not obtained within forty-eight hours, any
information obtained is not admissible as evidence in any legal proceeding. The
knowing installation or use by any law enforcement officer of a pen register ((or)),
trap and trace device, or cell site simulator device pursuant to this
subsection without application for the authorizing order within forty-eight
hours of the installation shall constitute a violation of this chapter and be
punishable as a gross misdemeanor. A provider of a wire or electronic service,
landlord, custodian, or other person who furnished facilities or technical
assistance pursuant to this subsection shall be reasonably compensated by the
law enforcement agency that requests the facilities or assistance for such
reasonable expenses incurred in providing such facilities and assistance.
(b) A law enforcement agency
that authorizes the installation of a pen register ((or)), trap
and trace device, or cell site simulator device under this subsection
(6) shall file a monthly report with the administrator for the courts. The
report shall indicate the number of authorizations made, the date and time of
each authorization, whether a court authorization was sought within forty-eight
hours, and whether a subsequent court authorization was granted.
(c) A law enforcement agency authorized to use a cell site simulator device in accordance with this section must: (i) Take all steps necessary to limit the collection of any information or metadata to the target specified in the applicable court order; (ii) take all steps necessary to permanently delete any information or metadata collected from any party not specified in the applicable court order immediately following such collection and must not transmit, use, or retain such information or metadata for any purpose whatsoever; and (iii) must delete any information or metadata collected from the target specified in the court order within thirty days if there is no longer probable cause to support the belief that such information or metadata is evidence of a crime.
NEW SECTION. Sec. 3. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
Senator Padden spoke in favor of adoption of the committee striking amendment.
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Law & Justice to Engrossed Substitute House Bill No. 1440.
The motion by Senator Padden carried and the committee striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 2 of the title, after "warrant;" strike the remainder of the title and insert "amending RCW 9.73.260; adding a new section to chapter 9.73 RCW; and declaring an emergency."
MOTION
On motion of Senator Padden, the rules were suspended, Engrossed Substitute House Bill No. 1440 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Padden spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1440 as amended by the Senate
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1440 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick
Excused: Senators Billig and Nelson
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1440 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1884, by Representatives Vick, Bergquist, Hayes, Riccelli, Orcutt, Wilson and Pike
Expanding the definition of an electric personal assistive mobility device to include a one-wheeled self-balancing device.
The measure was read the second time.
MOTION
On motion of Senator King, the rules were suspended, House Bill No. 1884 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator King spoke in favor of passage of the bill.
POINT OF INQUIRY
Senator Keiser: “Would the good Senator, Senator King, respond to a question? I am wondering, this is really quite intriguing. When the Segway was first introduced we all got to try it out to see if we could manage. I’m wondering, did you get to try out a personal assisted mobility device to include a one-wheeled self-balancing device?”
Senator King: “Anything that is that hard to describe I have stayed away from but I have seen it in a short little clip of how it works. It’s quite intriguing but I don’t think you’re going to find me on one of them. Thank you.”
POINT OF INQUIRY
Senator Hargrove: “Would Senator King yield to another question? So, I’m just reading the bill right now and these vehicles are limited to sidewalks, is that correct?”
Senator King: “I believe that is true.”
Senator Hargrove: “And they are going to be going twenty miles an hour on a sidewalk?”
Senator King: “No, that’s the maximum they can go. It’s limited to ten miles an hour when they are on a sidewalk.”
The President declared the question before the Senate to be the final passage of House Bill No. 1884.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1884 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, O'Ban, Padden, Parlette, Pearson, Pedersen, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick
Voting nay: Senator Ranker
Excused: Senators Billig and Nelson
HOUSE BILL NO. 1884, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2007, by Representatives Zeiger, Sullivan, Stambaugh, Van De Wege, Riccelli and Ormsby
Concerning reimbursement to eligible providers for medicaid ground emergency medical transportation services.
The measure was read the second time.
MOTION
On motion of Senator Dammeier, the rules were suspended, House Bill No. 2007 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Dammeier spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of House Bill No. 2007.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2007 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 7; Absent, 1; Excused, 2.
Voting yea: Senators Angel, Bailey, Becker, Braun, Chase, Cleveland, Conway, Dammeier, Darneille, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hatfield, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, O'Ban, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick
Voting nay: Senators Baumgartner, Brown, Dansel, Ericksen, Hewitt, Padden and Parlette
Absent: Senator Benton
Excused: Senators Billig and Nelson
HOUSE BILL NO. 2007, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1263, by Representatives Stokesbary, Kirby, Vick, Hurst and Buys
Exempting certified public accountants from private investigator regulations.
The measure was read the second time.
MOTION
On motion of Senator Baumgartner, the rules were suspended, House Bill No. 1263 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Baumgartner spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of House Bill No. 1263.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1263 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick
Excused: Senators Billig and Nelson
HOUSE BILL NO. 1263, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1940, by Representatives Stokesbary, Fitzgibbon, Ryu, Magendanz, Kochmar, Hargrove, Rodne, Bergquist, Hurst, Gregerson, Orwall and Jinkins
Exempting levies imposed by qualifying flood control zone districts from certain limitations upon regular property tax levies.
The measure was read the second time.
MOTION
Senator Fain moved that the following committee striking amendment by the Committee on Ways & Means be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that flooding is a critical problem in Washington. The legislature further finds that flooding can result in loss of human life, damage to property, destruction of infrastructure, and bring economic activity to a standstill. The legislature further finds that flood control zone districts offer critical services that protect our state by mitigating the devastating impacts of flooding. It is the legislature's public policy objective to maximize available financing tools to flood control zone districts to continue their important work. Therefore, it is the legislature's intent to exempt levies imposed by a qualifying flood control zone district from certain limitations upon regular property tax levies.
Sec. 2. RCW 84.52.010 and 2009 c 551 s 7 are each amended to read as follows:
(1) Except as is permitted under RCW 84.55.050, all taxes
((shall)) must be levied or voted in specific amounts.
(2) The rate percent of all taxes for state and county
purposes, and purposes of taxing districts coextensive with the county, ((shall))
must be determined, calculated and fixed by the county assessors of the
respective counties, within the limitations provided by law, upon the assessed
valuation of the property of the county, as shown by the completed tax rolls of
the county, and the rate percent of all taxes levied for purposes of taxing
districts within any county ((shall)) must be determined,
calculated and fixed by the county assessors of the respective counties, within
the limitations provided by law, upon the assessed valuation of the property of
the taxing districts respectively.
(3) When a county assessor finds that the aggregate rate
of tax levy on any property, that is subject to the limitations set forth in
RCW 84.52.043 or 84.52.050, exceeds the limitations provided in either of these
sections, the assessor ((shall)) must recompute and establish a
consolidated levy in the following manner:
(((1))) (a) The
full certified rates of tax levy for state, county, county road district, and
city or town purposes ((shall)) must be extended on the tax rolls
in amounts not exceeding the limitations established by law; however any state
levy ((shall)) takes precedence over all other levies and ((shall))
may not be reduced for any purpose other than that required by RCW
84.55.010. If, as a result of the levies imposed under RCW 36.54.130,
84.34.230, 84.52.069, 84.52.105, the portion of the levy by a metropolitan park
district that was protected under RCW 84.52.120, 84.52.125, 84.52.135, and
84.52.140, and the portion of the levy by a flood control zone district that
was protected under section 3 of this act, the combined rate of regular
property tax levies that are subject to the one percent limitation exceeds one
percent of the true and fair value of any property, then these levies ((shall))
must be reduced as follows:
(((a))) (i) The
portion of the levy by a flood control zone district that was protected under
section 3 of this act must be reduced until the combined rate no longer exceeds
one percent of the true and fair value of any property or must be eliminated;
(ii) If the combined rate
of regular property tax levies that are subject to the one percent limitation
still exceeds one percent of the true and fair value of any property, the levy imposed by a county under RCW 84.52.140 ((shall))
must be reduced until the combined rate no longer exceeds one percent of
the true and fair value of any property or ((shall)) must be
eliminated;
(((b))) (iii) If
the combined rate of regular property tax levies that are subject to the one
percent limitation still exceeds one percent of the true and fair value of any
property, the portion of the levy by a fire protection district that is
protected under RCW 84.52.125 ((shall)) must be reduced until the
combined rate no longer exceeds one percent of the true and fair value of any
property or ((shall)) must be eliminated;
(((c))) (iv) If
the combined rate of regular property tax levies that are subject to the one
percent limitation still exceeds one percent of the true and fair value of any
property, the levy imposed by a county under RCW 84.52.135 must be reduced
until the combined rate no longer exceeds one percent of the true and fair
value of any property or must be eliminated;
(((d))) (v) If the
combined rate of regular property tax levies that are subject to the one
percent limitation still exceeds one percent of the true and fair value of any
property, the levy imposed by a ferry district under RCW 36.54.130 must be
reduced until the combined rate no longer exceeds one percent of the true and
fair value of any property or must be eliminated;
(((e))) (vi) If
the combined rate of regular property tax levies that are subject to the one
percent limitation still exceeds one percent of the true and fair value of any
property, the portion of the levy by a metropolitan park district that is
protected under RCW 84.52.120 ((shall)) must be reduced until the
combined rate no longer exceeds one percent of the true and fair value of any
property or ((shall)) must be eliminated;
(((f))) (vii) If
the combined rate of regular property tax levies that are subject to the one
percent limitation still exceeds one percent of the true and fair value of any
property, then the levies imposed under RCW 84.34.230, 84.52.105, and any
portion of the levy imposed under RCW 84.52.069 that is in excess of thirty
cents per thousand dollars of assessed value, ((shall)) must be
reduced on a pro rata basis until the combined rate no longer exceeds one
percent of the true and fair value of any property or ((shall)) must
be eliminated; and
(((g))) (viii)
If the combined rate of regular property tax levies that are subject to the one
percent limitation still exceeds one percent of the true and fair value of any
property, then the thirty cents per thousand dollars of assessed value of tax
levy imposed under RCW 84.52.069 ((shall)) must be reduced until
the combined rate no longer exceeds one percent of the true and fair value of
any property or eliminated.
(((2))) (b) The
certified rates of tax levy subject to these limitations by all junior taxing
districts imposing taxes on such property ((shall)) must be
reduced or eliminated as follows to bring the consolidated levy of taxes on
such property within the provisions of these limitations:
(((a))) (i)
First, the certified property tax levy rates of those junior taxing districts
authorized under RCW 36.68.525, 36.69.145, 35.95A.100, and 67.38.130 ((shall))
must be reduced on a pro rata basis or eliminated;
(((b))) (ii)
Second, if the consolidated tax levy rate still exceeds these limitations, the
certified property tax levy rates of flood control zone districts ((shall))
other than the portion of a levy protected under section 3 of this act must
be reduced on a pro rata basis or eliminated;
(((c))) (iii)
Third, if the consolidated tax levy rate still exceeds these limitations, the
certified property tax levy rates of all other junior taxing districts, other
than fire protection districts, regional fire protection service authorities,
library districts, the first fifty cent per thousand dollars of assessed
valuation levies for metropolitan park districts, and the first fifty cent per
thousand dollars of assessed valuation levies for public hospital districts, ((shall))
must be reduced on a pro rata basis or eliminated;
(((d))) (iv)
Fourth, if the consolidated tax levy rate still exceeds these limitations, the
first fifty cent per thousand dollars of assessed valuation levies for
metropolitan park districts created on or after January 1, 2002, ((shall))
must be reduced on a pro rata basis or eliminated;
(((e))) (v)
Fifth, if the consolidated tax levy rate still exceeds these limitations, the
certified property tax levy rates authorized to fire protection districts under
RCW 52.16.140 and 52.16.160 and regional fire protection service authorities
under RCW 52.26.140(1) (b) and (c) ((shall)) must be reduced on a
pro rata basis or eliminated; and
(((f))) (vi)
Sixth, if the consolidated tax levy rate still exceeds these limitations, the
certified property tax levy rates authorized for fire protection districts
under RCW 52.16.130, regional fire protection service authorities under RCW
52.26.140(1)(a), library districts, metropolitan park districts created before
January 1, 2002, under their first fifty cent per thousand dollars of assessed
valuation levy, and public hospital districts under their first fifty cent per
thousand dollars of assessed valuation levy, ((shall)) must be
reduced on a pro rata basis or eliminated.
NEW SECTION. Sec. 3. A new section is added to chapter 84.52 RCW to read as follows:
A flood control zone district in a county with a population of seven hundred seventy-five thousand or more, or a county within the Chehalis river basin, that is coextensive with a county may protect the levy under RCW 86.15.160 from prorationing under RCW 84.52.010(3)(b)(ii) by imposing up to a total of twenty-five cents per thousand dollars of assessed value of the tax levy authorized under RCW 86.15.160 outside of the five dollars and ninety cents per thousand dollars of assessed value limitation under RCW 84.52.043(2), if those taxes otherwise would be prorated under RCW 84.52.010(3)(b)(ii).
Sec. 4. RCW 84.52.043 and 2009 c 551 s 6 are each amended to read as follows:
Within and subject to the
limitations imposed by RCW 84.52.050 as amended, the regular ad valorem tax
levies upon real and personal property by the taxing districts hereafter named
((shall be)) are as follows:
(1) Levies of the senior
taxing districts ((shall be)) are as follows: (a) The levy by the
state ((shall)) may not exceed three dollars and sixty cents per
thousand dollars of assessed value adjusted to the state equalized value in
accordance with the indicated ratio fixed by the state department of revenue to
be used exclusively for the support of the common schools; (b) the levy by any
county ((shall)) may not exceed one dollar and eighty cents per
thousand dollars of assessed value; (c) the levy by any road district ((shall))
may not exceed two dollars and twenty-five cents per thousand dollars of
assessed value; and (d) the levy by any city or town ((shall)) may
not exceed three dollars and thirty-seven and one-half cents per thousand
dollars of assessed value. However any county is hereby authorized to increase
its levy from one dollar and eighty cents to a rate not to exceed two dollars
and forty-seven and one-half cents per thousand dollars of assessed value for
general county purposes if the total levies for both the county and any road
district within the county do not exceed four dollars and five cents per
thousand dollars of assessed value, and no other taxing district has its levy
reduced as a result of the increased county levy.
(2) The aggregate levies of
junior taxing districts and senior taxing districts, other than the state, ((shall))
may not exceed five dollars and ninety cents per thousand dollars of
assessed valuation. The term "junior taxing districts" includes all
taxing districts other than the state, counties, road districts, cities, towns,
port districts, and public utility districts. The limitations provided in this
subsection ((shall)) do not apply to: (a) Levies at the rates
provided by existing law by or for any port or public utility district; (b)
excess property tax levies authorized in Article VII, section 2 of the state
Constitution; (c) levies for acquiring conservation futures as authorized under
RCW 84.34.230; (d) levies for emergency medical care or emergency medical
services imposed under RCW 84.52.069; (e) levies to finance affordable housing
for very low-income housing imposed under RCW 84.52.105; (f) the portions of
levies by metropolitan park districts that are protected under RCW 84.52.120;
(g) levies imposed by ferry districts under RCW 36.54.130; (h) levies for
criminal justice purposes under RCW 84.52.135; (i) the portions of levies by
fire protection districts that are protected under RCW 84.52.125; ((and))
(j) levies by counties for transit-related purposes under RCW 84.52.140; and
(k) the portion of the levy by flood control zone districts that are protected
under section 3 of this act.
NEW SECTION. Sec. 5. This act applies to taxes levied for collection in 2018 and thereafter.
NEW SECTION. Sec. 6. This act takes effect January 1, 2018.
NEW SECTION. Sec. 7. This act expires January 1, 2023."
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means to House Bill No. 1940.
The motion by Senator Fain carried and the committee striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 3 of the title, after "levies;" strike the remainder of the title and insert "amending RCW 84.52.010 and 84.52.043; adding a new section to chapter 84.52 RCW; creating new sections; providing an effective date; and providing an expiration date."
MOTION
On motion of Senator Fain, the rules were suspended, House Bill No. 1940 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Fain spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of House Bill No. 1940 as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1940 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 43; Nays, 4; Absent, 0; Excused, 2.
Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, O'Ban, Parlette, Pedersen, Ranker, Roach, Rolfes, Schoesler, Sheldon and Warnick
Voting nay: Senators Dansel, Padden, Pearson and Rivers
Excused: Senators Billig and Nelson
HOUSE BILL NO. 1940 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
ENGROSSED HOUSE BILL NO. 1422, by Representatives Scott, Griffey and Condotta
Concerning misrepresentation of a floral product business's geographic location. (REVISED FOR ENGROSSED: Concerning misrepresentation of a floral product business's geographic location and advertising requirements for floral product businesses.)
The measure was read the second time.
MOTION
Senator Baumgartner moved that the following committee striking amendment by the Committee on Commerce & Labor be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 19.160.010 and 1999 c 156 s 1 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Local telephone directory" means a publication listing telephone numbers for various businesses in a certain geographic area and distributed free of charge to some or all telephone subscribers in that area.
(2) "Local telephone
number" means a ((telephone number that can be dialed without incurring
long distance charges from telephones located within the area covered by the
local telephone directory in which the number is listed. The term does not
include long distance numbers, toll-free numbers, or 900 exchange numbers
listed in a local telephone directory)) specific telephone number, area
code and prefix, assigned for the purpose of completing local calls between a
calling party or station and any other party or station within a designated
exchange or all of its designated local calling areas. The term "local
telephone number" does not include long distance telephone numbers or any
toll-free telephone numbers listed in a local telephone directory.
(3) "Person" means an individual, partnership, limited liability partnership, corporation, or limited liability corporation.
Sec. 2. RCW 19.160.030 and 1999 c 156 s 2 are each amended to read as follows:
((No person engaged in the
selling, delivery, or solicitation of cut flowers, flower arrangements, or
floral products may misrepresent his, her, or its geographic location by:
(1) Listing a local
telephone number in a local telephone directory if:
(a) Calls to the telephone
number are routinely forwarded or otherwise transferred to a business location
that is outside the calling area covered by the local telephone directory; and
(b) The listing fails to
conspicuously disclose the locality and state in which the business is located;
or
(2) Listing a business
name in a local telephone directory if:
(a) The name misrepresents
the business's geographic location; and
(b) The listing fails to
disclose the locality and state in which the business is located.)) (1) For purposes of this section, "floral or
ornamental products or services" means floral arrangements, cut flowers,
floral bouquets, potted plants, balloons, floral designs, and related products
and services.
(2) It is a violation for a provider or vendor of floral or ornamental products or services to misrepresent the geographic location of its business by doing either of the following:
(a) Listing a local telephone number in any advertisement or listing, unless the advertisement or listing identifies the true physical address, including the city, of the provider's or vendor's business; or
(b) Listing a fictitious business name or an assumed business name in any advertisement or listing if both of the following criteria are met:
(i) The name of the business misrepresents the provider's or vendor's geographic location; and
(ii) The advertisement or listing does not identify the true physical address, including the city and state, of the provider's or vendor's business.
(3) A violation of this section is punishable, exclusively, by a fine not to exceed two hundred fifty dollars.
(4) This section does not create or impose any duty or obligation on a person other than a vendor or provider of floral or ornamental products or services.
(5) This section does not apply to any of the following:
(a) A publisher of a telephone directory or other publication or a provider of a directory assistance service publishing or providing information about another business.
(b) An internet web site that aggregates and provides information about other businesses.
(c) An owner or publisher of a print advertising medium providing information about other businesses.
(d) An internet service provider.
(e) An internet service that displays or distributes advertisements for other businesses."
Senator Baumgartner spoke in favor of adoption of the committee striking amendment.
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Commerce & Labor to Engrossed House Bill No. 1422.
The motion by Senator Baumgartner carried and the committee striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 2 of the title, after "businesses;" strike the remainder of the title and insert "amending RCW 19.160.010 and 19.160.030; and prescribing penalties."
MOTION
On motion of Senator Baumgartner, the rules were suspended, Engrossed House Bill No. 1422 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Baumgartner, McAuliffe and Kohl-Welles spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 1422 as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1422 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 44; Nays, 5; Absent, 0; Excused, 0.
Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Fain, Fraser, Habib, Hargrove, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick
Voting nay: Senators Dansel, Ericksen, Frockt, Liias and Pedersen
ENGROSSED HOUSE BILL NO. 1422 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
Senator Fain announced that the senate would resume business at 1:30 p.m.
Senator Nelson announced a brief meeting of the Senate Democratic Caucus immediately upon going at ease.
Senator Parlette announced a meeting of the Majority Coalition Caucus immediately upon going at ease.
MOTION
At 11:23 a.m., on motion of Senator Fain, the Senate was declared to be at ease subject to the call of the President.
AFTERNOON SESSION
The Senate was called to order at 1:52 p.m. by President Owen.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1879, by House Committee on Health Care & Wellness (originally sponsored by Representatives Kagi, Walsh, Cody, Harris, Orwall, Tarleton and Ormsby)
Directing the health care authority to issue a request for proposals for integrated managed health and behavioral health services for foster children.
The measure was read the second time.
MOTION
Senator O'Ban moved that the following committee striking amendment by the Committee on Human Services, Mental Health & Housing be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 74.09 RCW to read as follows:
The authority shall issue a request for proposals to provide integrated managed health and behavioral health care for foster children receiving care through the medical assistance program. Behavioral health services provided under chapters 71.24, 71.34, and 70.96A RCW must be integrated into the managed health care plan for foster children beginning October 1, 2018. The request for proposals must address the program elements described in section 110, chapter 225, Laws of 2014, including development of a service delivery system, benefit design, reimbursement mechanisms, incorporation or coordination of services currently provided by the regional support networks, and standards for contracting with health plans. The request for proposals must be issued and completed in time for services under the integrated managed care plan to begin on October 1, 2016.
Sec. 2. RCW 74.09.490 and 2011 1st sp.s. c 15 s 23 are each amended to read as follows:
(1) The authority, in consultation with the evidence-based practice institute established in RCW 71.24.061, shall develop and implement policies to improve prescribing practices for treatment of emotional or behavioral disturbances in children, improve the quality of children's mental health therapy through increased use of evidence-based and research‑based practices and reduced variation in practice, improve communication and care coordination between primary care and mental health providers, and prioritize care in the family home or care which integrates the family where out‑of‑home placement is required.
(2) The authority shall identify those children with emotional or behavioral disturbances who may be at high risk due to off‑label use of prescription medication, use of multiple medications, high medication dosage, or lack of coordination among multiple prescribing providers, and establish one or more mechanisms to evaluate the appropriateness of the medication these children are using, including but not limited to obtaining second opinions from experts in child psychiatry.
(3) The authority shall review the psychotropic medications of all children under five and establish one or more mechanisms to evaluate the appropriateness of the medication these children are using, including but not limited to obtaining second opinions from experts in child psychiatry.
(4) Within existing funds, the authority shall require a second opinion review from an expert in psychiatry for all prescriptions of one or more antipsychotic medications of all children under eighteen years of age in the foster care system. Thirty days of a prescription medication may be dispensed pending the second opinion review. The second opinion feedback must include discussion of the psychosocial interventions that have been or will be offered to the child and caretaker if appropriate in order to address the behavioral issues brought to the attention of the prescribing physician.
(5) The authority shall track prescriptive practices with respect to psychotropic medications with the goal of reducing the use of medication.
(((5))) (6) The
authority shall ((encourage the)) promote the appropriate use of
cognitive behavioral therapies and other treatments which are empirically
supported or evidence-based, in addition to or in the place of prescription
medication where appropriate and such interventions are available."
Senator O'Ban spoke in favor of adoption of the committee striking amendment.
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Human Services, Mental Health & Housing to Substitute House Bill No. 1879.
The motion by Senator O'Ban carried and the committee striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 3 of the title, after "children;" strike the remainder of the title and insert "amending RCW 74.09.490; and adding a new section to chapter 74.09 RCW."
MOTION
On motion of Senator O'Ban, the rules were suspended, Substitute House Bill No. 1879 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator O'Ban spoke in favor of passage of the bill.
MOTION
On motion of Senator Habib, Senator Hasegawa was excused.
MOTION
On motion of Senator Roach, Senator Benton was excused.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1879 as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1879 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.
Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Fain, Fraser, Frockt, Habib, Hargrove, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick
Voting nay: Senators Dansel, Ericksen and Padden
Excused: Senators Benton and Hasegawa
SUBSTITUTE HOUSE BILL NO. 1879 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1817, by Representatives Shea, Taylor, Holy, Scott, Griffey, Reykdal and Condotta
Providing liability immunity for local jurisdictions when wheeled all-terrain vehicles are operated on public roadways.
The measure was read the second time.
MOTION
On motion of Senator Padden, the rules were suspended, House Bill No. 1817 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Padden spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of House Bill No. 1817.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1817 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick
Absent: Senator Ericksen
Excused: Senator Benton
HOUSE BILL NO. 1817, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SIGNED BY THE PRESIDENT
Pursuant to Article 2, Section 32 of the State Constitution and Senate Rule 1(5), the President announced the signing of and thereupon did sign in open session:
SENATE BILL NO. 5032,
SUBSTITUTE SENATE BILL NO. 5059,
SUBSTITUTE SENATE BILL NO. 5156,
SECOND SUBSTITUTE SENATE BILL NO. 5215,
SUBSTITUTE SENATE BILL NO. 5268,
SUBSTITUTE SENATE BILL NO. 5293,
SECOND SUBSTITUTE SENATE BILL NO. 5311,
SUBSTITUTE SENATE BILL NO. 5322,
SENATE BILL NO. 5464,
SENATE BILL NO. 5482,
SECOND SUBSTITUTE SENATE BILL NO. 5486,
SUBSTITUTE SENATE BILL NO. 5488,
SENATE BILL NO. 5793,
SENATE BILL NO. 5881,
SUBSTITUTE SENATE BILL NO. 5897,
SENATE BILL NO. 5974, and
SUBSTITUTE SENATE BILL NO. 5999.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1516, by House Committee on Finance (originally sponsored by Representatives Pettigrew, Santos, Magendanz, Condotta, Fitzgibbon and Ormsby)
Providing an exemption for certain lodging services from the convention and trade center tax.
The measure was read the second time.
MOTION
On motion of Senator Litzow, the rules were suspended, Substitute House Bill No. 1516 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Litzow and Jayapal spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1516.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1516 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.
Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Sheldon and Warnick
Voting nay: Senators Dammeier and Schoesler
SUBSTITUTE HOUSE BILL NO. 1516, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1450, by House Committee on Appropriations (originally sponsored by Representatives Jinkins, Rodne, Walkinshaw, Harris, Cody, Goodman, Senn, Walsh, Riccelli, Robinson, Orwall, Moeller, Gregerson, Van De Wege, Ormsby, Clibborn, McBride, Tharinger, Kagi and Stanford)
Concerning involuntary outpatient mental health treatment.
The measure was read the second time.
MOTION
Senator O'Ban moved that the following committee striking amendment by the Committee on Human Services, Mental Health & Housing be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 71.05.020 and 2011 c 148 s 1 and 2011 c 89 s 14 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Admission" or "admit" means a decision by a physician or psychiatric advanced registered nurse practitioner that a person should be examined or treated as a patient in a hospital;
(2) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes, but is not limited to atypical antipsychotic medications;
(3) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient;
(4) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting;
(5) "Conditional release" means a revocable modification of a commitment, which may be revoked upon violation of any of its terms;
(6) "Crisis stabilization unit" means a short-term facility or a portion of a facility licensed by the department of health and certified by the department of social and health services under RCW 71.24.035, such as an evaluation and treatment facility or a hospital, which has been designed to assess, diagnose, and treat individuals experiencing an acute crisis without the use of long-term hospitalization;
(7) "Custody" means involuntary detention under the provisions of this chapter or chapter 10.77 RCW, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment;
(8) "Department" means the department of social and health services;
(9) "Designated chemical dependency specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in chapters 70.96A and 70.96B RCW;
(10) "Designated crisis responder" means a mental health professional appointed by the county or the regional support network to perform the duties specified in this chapter;
(11) "Designated mental health professional" means a mental health professional designated by the county or other authority authorized in rule to perform the duties specified in this chapter;
(12) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter;
(13) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist, psychologist, psychiatric advanced registered nurse practitioner, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary;
(14) "Developmental
disability" means that condition defined in RCW 71A.10.020(((3))) (5);
(15) "Discharge" means the termination of hospital medical authority. The commitment may remain in place, be terminated, or be amended by court order;
(16) "Evaluation and treatment facility" means any facility which can provide directly, or by direct arrangement with other public or private agencies, emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and which is certified as such by the department. A physically separate and separately operated portion of a state hospital may be designated as an evaluation and treatment facility. A facility which is part of, or operated by, the department or any federal agency will not require certification. No correctional institution or facility, or jail, shall be an evaluation and treatment facility within the meaning of this chapter;
(17) "Gravely disabled" means a condition in which a person, as a result of a mental disorder: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety;
(18) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the person being assisted as manifested by prior charged criminal conduct;
(19) "History of one or more violent acts" refers to the period of time ten years prior to the filing of a petition under this chapter, excluding any time spent, but not any violent acts committed, in a mental health facility or in confinement as a result of a criminal conviction;
(20) "Imminent" means the state or condition of being likely to occur at any moment or near at hand, rather than distant or remote;
(21) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for a person with developmental disabilities, which shall state:
(a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;
(b) The conditions and strategies necessary to achieve the purposes of habilitation;
(c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;
(d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;
(e) The staff responsible for carrying out the plan;
(f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual discharge or release, and a projected possible date for discharge or release; and
(g) The type of residence immediately anticipated for the person and possible future types of residences;
(22) "Information related to mental health services" means all information and records compiled, obtained, or maintained in the course of providing services to either voluntary or involuntary recipients of services by a mental health service provider. This may include documents of legal proceedings under this chapter or chapter 71.34 or 10.77 RCW, or somatic health care information;
(23) "Judicial commitment" means a commitment by a court pursuant to the provisions of this chapter;
(24) "Legal counsel" means attorneys and staff employed by county prosecutor offices or the state attorney general acting in their capacity as legal representatives of public mental health service providers under RCW 71.05.130;
(25) "Likelihood of serious harm" means:
(a) A substantial risk that: (i) Physical harm will be inflicted by a person upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself; (ii) physical harm will be inflicted by a person upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or (iii) physical harm will be inflicted by a person upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others; or
(b) The person has threatened the physical safety of another and has a history of one or more violent acts;
(26) "Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on a person's cognitive or volitional functions;
(27) "Mental health professional" means a psychiatrist, psychologist, psychiatric advanced registered nurse practitioner, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;
(28) "Mental health service provider" means a public or private agency that provides mental health services to persons with mental disorders as defined under this section and receives funding from public sources. This includes, but is not limited to, hospitals licensed under chapter 70.41 RCW, evaluation and treatment facilities as defined in this section, community mental health service delivery systems or community mental health programs as defined in RCW 71.24.025, facilities conducting competency evaluations and restoration under chapter 10.77 RCW, and correctional facilities operated by state and local governments;
(29) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment;
(30) "Private agency" means any person, partnership, corporation, or association that is not a public agency, whether or not financed in whole or in part by public funds, which constitutes an evaluation and treatment facility or private institution, or hospital, which is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill;
(31) "Professional person" means a mental health professional and shall also mean a physician, psychiatric advanced registered nurse practitioner, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;
(32) "Psychiatric advanced registered nurse practitioner" means a person who is licensed as an advanced registered nurse practitioner pursuant to chapter 18.79 RCW; and who is board certified in advanced practice psychiatric and mental health nursing;
(33) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology;
(34) "Psychologist" means a person who has been licensed as a psychologist pursuant to chapter 18.83 RCW;
(35) "Public agency" means any evaluation and treatment facility or institution, or hospital which is conducted for, or includes a department or ward conducted for, the care and treatment of persons with mental illness, if the agency is operated directly by, federal, state, county, or municipal government, or a combination of such governments;
(36) "Registration records" include all the records of the department, regional support networks, treatment facilities, and other persons providing services to the department, county departments, or facilities which identify persons who are receiving or who at any time have received services for mental illness;
(37) "Release" means legal termination of the commitment under the provisions of this chapter;
(38) "Resource management services" has the meaning given in chapter 71.24 RCW;
(39) "Secretary" means the secretary of the department of social and health services, or his or her designee;
(40) "Serious violent offense" has the same meaning as provided in RCW 9.94A.030;
(41) "Social worker" means a person with a master's or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010;
(42) "Therapeutic court personnel" means the staff of a mental health court or other therapeutic court which has jurisdiction over defendants who are dually diagnosed with mental disorders, including court personnel, probation officers, a court monitor, prosecuting attorney, or defense counsel acting within the scope of therapeutic court duties;
(43) "Triage facility" means a short-term facility or a portion of a facility licensed by the department of health and certified by the department of social and health services under RCW 71.24.035, which is designed as a facility to assess and stabilize an individual or determine the need for involuntary commitment of an individual, and must meet department of health residential treatment facility standards. A triage facility may be structured as a voluntary or involuntary placement facility;
(44) "Treatment records" include registration and all other records concerning persons who are receiving or who at any time have received services for mental illness, which are maintained by the department, by regional support networks and their staffs, and by treatment facilities. Treatment records include mental health information contained in a medical bill including but not limited to mental health drugs, a mental health diagnosis, provider name, and dates of service stemming from a medical service. Treatment records do not include notes or records maintained for personal use by a person providing treatment services for the department, regional support networks, or a treatment facility if the notes or records are not available to others;
(45) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.
(46) "In need of assisted outpatient mental health treatment" means that a person, as a result of a mental disorder: (a) Has been committed by a court to detention for involuntary mental health treatment at least twice during the preceding thirty-six months, or, if the person is currently committed for involuntary mental health treatment, the person has been committed to detention for involuntary mental health treatment at least once during the thirty-six months preceding the date of initial detention of the current commitment cycle; (b) is unlikely to voluntarily participate in outpatient treatment without an order for less restrictive alternative treatment, in view of the person's treatment history or current behavior; (c) is unlikely to survive safely in the community without supervision; (d) is likely to benefit from less restrictive alternative treatment; and (e) requires less restrictive alternative treatment to prevent a relapse, decompensation, or deterioration that is likely to result in the person presenting a likelihood of serious harm or the person becoming gravely disabled within a reasonably short period of time. For purposes of (a) of this subsection, time spent in a mental health facility or in confinement as a result of a criminal conviction is excluded from the thirty-six month calculation.
(47) "Less restrictive alternative treatment" means a program of individualized treatment in a less restrictive setting that includes the services described in section 16 of this act.
Sec. 2. RCW 71.05.020 and 2014 c 225 s 79 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Admission" or "admit" means a decision by a physician or psychiatric advanced registered nurse practitioner that a person should be examined or treated as a patient in a hospital;
(2) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes, but is not limited to atypical antipsychotic medications;
(3) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient;
(4) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting;
(5) "Conditional release" means a revocable modification of a commitment, which may be revoked upon violation of any of its terms;
(6) "Crisis stabilization unit" means a short-term facility or a portion of a facility licensed by the department of health and certified by the department of social and health services under RCW 71.24.035, such as an evaluation and treatment facility or a hospital, which has been designed to assess, diagnose, and treat individuals experiencing an acute crisis without the use of long-term hospitalization;
(7) "Custody" means involuntary detention under the provisions of this chapter or chapter 10.77 RCW, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment;
(8) "Department" means the department of social and health services;
(9) "Designated chemical dependency specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in chapters 70.96A and 70.96B RCW;
(10) "Designated crisis responder" means a mental health professional appointed by the county or the behavioral health organization to perform the duties specified in this chapter;
(11) "Designated mental health professional" means a mental health professional designated by the county or other authority authorized in rule to perform the duties specified in this chapter;
(12) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter;
(13) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist, psychologist, psychiatric advanced registered nurse practitioner, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary;
(14) "Developmental
disability" means that condition defined in RCW 71A.10.020(((4))) (5);
(15) "Discharge" means the termination of hospital medical authority. The commitment may remain in place, be terminated, or be amended by court order;
(16) "Evaluation and treatment facility" means any facility which can provide directly, or by direct arrangement with other public or private agencies, emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and which is certified as such by the department. A physically separate and separately operated portion of a state hospital may be designated as an evaluation and treatment facility. A facility which is part of, or operated by, the department or any federal agency will not require certification. No correctional institution or facility, or jail, shall be an evaluation and treatment facility within the meaning of this chapter;
(17) "Gravely disabled" means a condition in which a person, as a result of a mental disorder: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety;
(18) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the person being assisted as manifested by prior charged criminal conduct;
(19) "History of one or more violent acts" refers to the period of time ten years prior to the filing of a petition under this chapter, excluding any time spent, but not any violent acts committed, in a mental health facility or in confinement as a result of a criminal conviction;
(20) "Imminent" means the state or condition of being likely to occur at any moment or near at hand, rather than distant or remote;
(21) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for a person with developmental disabilities, which shall state:
(a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;
(b) The conditions and strategies necessary to achieve the purposes of habilitation;
(c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;
(d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;
(e) The staff responsible for carrying out the plan;
(f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual discharge or release, and a projected possible date for discharge or release; and
(g) The type of residence immediately anticipated for the person and possible future types of residences;
(22) "Information related to mental health services" means all information and records compiled, obtained, or maintained in the course of providing services to either voluntary or involuntary recipients of services by a mental health service provider. This may include documents of legal proceedings under this chapter or chapter 71.34 or 10.77 RCW, or somatic health care information;
(23) "Judicial commitment" means a commitment by a court pursuant to the provisions of this chapter;
(24) "Legal counsel" means attorneys and staff employed by county prosecutor offices or the state attorney general acting in their capacity as legal representatives of public mental health service providers under RCW 71.05.130;
(25) "Likelihood of serious harm" means:
(a) A substantial risk that: (i) Physical harm will be inflicted by a person upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself; (ii) physical harm will be inflicted by a person upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or (iii) physical harm will be inflicted by a person upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others; or
(b) The person has threatened the physical safety of another and has a history of one or more violent acts;
(26) "Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on a person's cognitive or volitional functions;
(27) "Mental health professional" means a psychiatrist, psychologist, psychiatric advanced registered nurse practitioner, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;
(28) "Mental health service provider" means a public or private agency that provides mental health services to persons with mental disorders as defined under this section and receives funding from public sources. This includes, but is not limited to, hospitals licensed under chapter 70.41 RCW, evaluation and treatment facilities as defined in this section, community mental health service delivery systems or community mental health programs as defined in RCW 71.24.025, facilities conducting competency evaluations and restoration under chapter 10.77 RCW, and correctional facilities operated by state and local governments;
(29) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment;
(30) "Private agency" means any person, partnership, corporation, or association that is not a public agency, whether or not financed in whole or in part by public funds, which constitutes an evaluation and treatment facility or private institution, or hospital, which is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill;
(31) "Professional person" means a mental health professional and shall also mean a physician, psychiatric advanced registered nurse practitioner, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;
(32) "Psychiatric advanced registered nurse practitioner" means a person who is licensed as an advanced registered nurse practitioner pursuant to chapter 18.79 RCW; and who is board certified in advanced practice psychiatric and mental health nursing;
(33) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology;
(34) "Psychologist" means a person who has been licensed as a psychologist pursuant to chapter 18.83 RCW;
(35) "Public agency" means any evaluation and treatment facility or institution, or hospital which is conducted for, or includes a department or ward conducted for, the care and treatment of persons with mental illness, if the agency is operated directly by, federal, state, county, or municipal government, or a combination of such governments;
(36) "Registration records" include all the records of the department, behavioral health organizations, treatment facilities, and other persons providing services to the department, county departments, or facilities which identify persons who are receiving or who at any time have received services for mental illness;
(37) "Release" means legal termination of the commitment under the provisions of this chapter;
(38) "Resource management services" has the meaning given in chapter 71.24 RCW;
(39) "Secretary" means the secretary of the department of social and health services, or his or her designee;
(40) "Serious violent offense" has the same meaning as provided in RCW 9.94A.030;
(41) "Social worker" means a person with a master's or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010;
(42) "Therapeutic court personnel" means the staff of a mental health court or other therapeutic court which has jurisdiction over defendants who are dually diagnosed with mental disorders, including court personnel, probation officers, a court monitor, prosecuting attorney, or defense counsel acting within the scope of therapeutic court duties;
(43) "Treatment records" include registration and all other records concerning persons who are receiving or who at any time have received services for mental illness, which are maintained by the department, by behavioral health organizations and their staffs, and by treatment facilities. Treatment records include mental health information contained in a medical bill including but not limited to mental health drugs, a mental health diagnosis, provider name, and dates of service stemming from a medical service. Treatment records do not include notes or records maintained for personal use by a person providing treatment services for the department, behavioral health organizations, or a treatment facility if the notes or records are not available to others;
(44) "Triage facility" means a short-term facility or a portion of a facility licensed by the department of health and certified by the department of social and health services under RCW 71.24.035, which is designed as a facility to assess and stabilize an individual or determine the need for involuntary commitment of an individual, and must meet department of health residential treatment facility standards. A triage facility may be structured as a voluntary or involuntary placement facility;
(45) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.
(46) "In need of assisted outpatient mental health treatment" means that a person, as a result of a mental disorder: (a) Has been committed by a court to detention for involuntary mental health treatment at least twice during the preceding thirty-six months, or, if the person is currently committed for involuntary mental health treatment, the person has been committed to detention for involuntary mental health treatment at least once during the thirty-six months preceding the date of initial detention of the current commitment cycle; (b) is unlikely to voluntarily participate in outpatient treatment without an order for less restrictive alternative treatment, in view of the person's treatment history or current behavior; (c) is unlikely to survive safely in the community without supervision; (d) is likely to benefit from less restrictive alternative treatment; and (e) requires less restrictive alternative treatment to prevent a relapse, decompensation, or deterioration that is likely to result in the person presenting a likelihood of serious harm or the person becoming gravely disabled within a reasonably short period of time. For purposes of (a) of this subsection, time spent in a mental health facility or in confinement as a result of a criminal conviction is excluded from the thirty-six month calculation.
(47) "Less restrictive alternative treatment" means a program of individualized treatment in a less restrictive setting than inpatient treatment that includes the services described in section 16 of this act.
Sec. 3. RCW 71.05.150 and 2011 c 148 s 5 are each amended to read as follows:
(1)(a) When a
designated mental health professional receives information alleging that a
person, as a result of a mental disorder: (i) Presents a likelihood of serious
harm; ((or)) (ii) is gravely disabled; or (iii) is in need of
assisted outpatient mental health treatment; the designated mental health
professional may, after investigation and evaluation of the specific facts
alleged and of the reliability and credibility of any person providing
information to initiate detention or involuntary outpatient evaluation,
if satisfied that the allegations are true and that the person will not
voluntarily seek appropriate treatment, file a petition for initial detention or
involuntary outpatient evaluation. If the petition is filed solely on the
grounds that the person is in need of assisted outpatient mental health treatment,
the petition may only be for an involuntary outpatient evaluation. An
involuntary outpatient evaluation may be conducted by any combination of
licensed professionals authorized to petition for involuntary commitment under
RCW 71.05.230 and must include involvement or consultation with the agency or
facility which will provide monitoring or services under the proposed less
restrictive alternative treatment order. If the petition is for an involuntary
outpatient evaluation and the person is being held in a hospital emergency
department, the person may be released once the hospital has satisfied federal
and state legal requirements for appropriate screening and stabilization of
patients.
(b) Before filing the petition, the designated mental health professional must personally interview the person, unless the person refuses an interview, and determine whether the person will voluntarily receive appropriate evaluation and treatment at an evaluation and treatment facility, crisis stabilization unit, or triage facility.
(2)(a) An order to detain to a designated evaluation and treatment facility for not more than a seventy-two-hour evaluation and treatment period, or an order for an involuntary outpatient evaluation, may be issued by a judge of the superior court upon request of a designated mental health professional, whenever it appears to the satisfaction of a judge of the superior court:
(i) That there is probable cause to support the petition; and
(ii) That the person has refused or failed to accept appropriate evaluation and treatment voluntarily.
(b) The petition for initial detention or involuntary outpatient evaluation, signed under penalty of perjury, or sworn telephonic testimony may be considered by the court in determining whether there are sufficient grounds for issuing the order.
(c) The order shall designate retained counsel or, if counsel is appointed from a list provided by the court, the name, business address, and telephone number of the attorney appointed to represent the person.
(3) The designated mental health professional shall then serve or cause to be served on such person, his or her guardian, and conservator, if any, a copy of the order together with a notice of rights, and a petition for initial detention or involuntary outpatient evaluation. After service on such person the designated mental health professional shall file the return of service in court and provide copies of all papers in the court file to the evaluation and treatment facility and the designated attorney. The designated mental health professional shall notify the court and the prosecuting attorney that a probable cause hearing will be held within seventy-two hours of the date and time of outpatient evaluation or admission to the evaluation and treatment facility. The person shall be permitted to be accompanied by one or more of his or her relatives, friends, an attorney, a personal physician, or other professional or religious advisor to the place of evaluation. An attorney accompanying the person to the place of evaluation shall be permitted to be present during the admission evaluation. Any other individual accompanying the person may be present during the admission evaluation. The facility may exclude the individual if his or her presence would present a safety risk, delay the proceedings, or otherwise interfere with the evaluation.
(4) The designated mental health professional may notify a peace officer to take such person or cause such person to be taken into custody and placed in an evaluation and treatment facility. At the time such person is taken into custody there shall commence to be served on such person, his or her guardian, and conservator, if any, a copy of the original order together with a notice of rights and a petition for initial detention.
Sec. 4. RCW 71.05.156 and 2013 c 334 s 2 are each amended to read as follows:
A designated mental health professional who conducts an evaluation for imminent likelihood of serious harm or imminent danger because of being gravely disabled under RCW 71.05.153 must also evaluate the person under RCW 71.05.150 for likelihood of serious harm or grave disability that does not meet the imminent standard for emergency detention, and to determine whether the person is in need of assisted outpatient mental health treatment.
Sec. 5. RCW 71.05.212 and 2010 c 280 s 2 are each amended to read as follows:
(1) Whenever a designated mental health professional or professional person is conducting an evaluation under this chapter, consideration shall include all reasonably available information from credible witnesses and records regarding:
(a) Prior recommendations for evaluation of the need for civil commitments when the recommendation is made pursuant to an evaluation conducted under chapter 10.77 RCW;
(b) Historical behavior, including history of one or more violent acts;
(c) Prior determinations of incompetency or insanity under chapter 10.77 RCW; and
(d) Prior commitments under this chapter.
(2) Credible witnesses may include family members, landlords, neighbors, or others with significant contact and history of involvement with the person. If the designated mental health professional relies upon information from a credible witness in reaching his or her decision to detain the individual, then he or she must provide contact information for any such witness to the prosecutor. The designated mental health professional or prosecutor shall provide notice of the date, time, and location of the probable cause hearing to such a witness.
(3) Symptoms and behavior of the respondent which standing alone would not justify civil commitment may support a finding of grave disability or likelihood of serious harm, or a finding that the person is in need of assisted outpatient mental health treatment, when:
(a) Such symptoms or behavior are closely associated with symptoms or behavior which preceded and led to a past incident of involuntary hospitalization, severe deterioration, or one or more violent acts;
(b) These symptoms or behavior represent a marked and concerning change in the baseline behavior of the respondent; and
(c) Without treatment, the continued deterioration of the respondent is probable.
(4) When conducting an evaluation for offenders identified under RCW 72.09.370, the designated mental health professional or professional person shall consider an offender's history of judicially required or administratively ordered antipsychotic medication while in confinement.
Sec. 6. RCW 71.05.230 and 2011 c 343 s 9 are each amended to read as follows:
A person detained or
committed for seventy-two hour evaluation and treatment or for an
outpatient evaluation for the purpose of filing a petition for a less restrictive
alternative treatment order may be ((detained)) committed for
not more than fourteen additional days of involuntary intensive treatment or
ninety additional days of a less restrictive alternative to involuntary
intensive treatment. A petition may only be filed if the following conditions
are met:
(1) The professional staff of
the agency or facility providing evaluation services has analyzed the person's
condition and finds that the condition is caused by mental disorder and ((either))
results in a likelihood of serious harm, ((or)) results in the ((detained))
person being gravely disabled, or results in the person being in need of
assisted outpatient mental health treatment, and are prepared to testify
those conditions are met; and
(2) The person has been advised of the need for voluntary treatment and the professional staff of the facility has evidence that he or she has not in good faith volunteered; and
(3) The agency or facility providing intensive treatment or which proposes to supervise the less restrictive alternative is certified to provide such treatment by the department; and
(4) The professional staff of
the agency or facility or the designated mental health professional has filed a
petition with the court for a fourteen day involuntary detention
or a ninety day less restrictive alternative ((with the court)). The
petition must be signed either by:
(a) Two physicians;
(b) One physician and a mental health professional;
(c) Two psychiatric advanced registered nurse practitioners;
(d) One psychiatric advanced registered nurse practitioner and a mental health professional; or
(e) A physician and a
psychiatric advanced registered nurse practitioner. The persons signing the
petition must have examined the person. If involuntary detention is sought the
petition shall state facts that support the finding that such person, as a
result of mental disorder, presents a likelihood of serious harm, or is gravely
disabled and that there are no less restrictive alternatives to detention in
the best interest of such person or others. The petition shall state
specifically that less restrictive alternative treatment was considered and
specify why treatment less restrictive than detention is not appropriate. If an
involuntary less restrictive alternative is sought, the petition shall state
facts that support the finding that such person, as a result of mental
disorder, presents a likelihood of serious harm, ((or)) is gravely
disabled, or is in need of assisted outpatient mental health treatment,
and shall set forth a plan for the less restrictive alternative treatment
proposed by the facility in accordance with section 16 of this act; and
(5) A copy of the petition has been served on the detained or committed person, his or her attorney and his or her guardian or conservator, if any, prior to the probable cause hearing; and
(6) The court at the time the petition was filed and before the probable cause hearing has appointed counsel to represent such person if no other counsel has appeared; and
(7) The petition reflects that the person was informed of the loss of firearm rights if involuntarily committed; and
(8) At the conclusion of the initial commitment period, the professional staff of the agency or facility or the designated mental health professional may petition for an additional period of either ninety days of less restrictive alternative treatment or ninety days of involuntary intensive treatment as provided in RCW 71.05.290; and
(9) If the hospital or
facility designated to provide ((outpatient)) less restrictive
alternative treatment is other than the facility providing involuntary
treatment, the outpatient facility so designated to provide less restrictive
alternative treatment has agreed to assume such responsibility.
Sec. 7. RCW 71.05.240 and 2009 c 293 s 4 are each amended to read as follows:
(1) If a petition is filed for
fourteen day involuntary treatment or ninety days of less restrictive
alternative treatment, the court shall hold a probable cause hearing within
seventy-two hours of the initial detention or involuntary outpatient
evaluation of such person as determined in RCW 71.05.180. If requested by
the ((detained)) person or his or her attorney, the hearing may be
postponed for a period not to exceed forty-eight hours. The hearing may also be
continued subject to the conditions set forth in RCW 71.05.210 or subject to
the petitioner's showing of good cause for a period not to exceed twenty-four
hours.
(2) The court at the time of the probable cause hearing and before an order of commitment is entered shall inform the person both orally and in writing that the failure to make a good faith effort to seek voluntary treatment as provided in RCW 71.05.230 will result in the loss of his or her firearm rights if the person is subsequently detained for involuntary treatment under this section.
(3) At the conclusion of the
probable cause hearing((, if the court finds by a preponderance of the
evidence that)):
(a) If the court finds by a preponderance of the evidence that such person, as the result of mental disorder, presents a likelihood of serious harm, or is gravely disabled, and, after considering less restrictive alternatives to involuntary detention and treatment, finds that no such alternatives are in the best interests of such person or others, the court shall order that such person be detained for involuntary treatment not to exceed fourteen days in a facility certified to provide treatment by the department. If the court finds that such person, as the result of a mental disorder, presents a likelihood of serious harm, or is gravely disabled, but that treatment in a less restrictive setting than detention is in the best interest of such person or others, the court shall order an appropriate less restrictive alternative course of treatment for not to exceed ninety days;
(b) If the court finds by a preponderance of the evidence that such person, as the result of a mental disorder, is in need of assisted outpatient mental health treatment, and that the person does not present a likelihood of serious harm or grave disability, the court shall order an appropriate less restrictive alternative course of treatment not to exceed ninety days, and may not order inpatient treatment.
(c) An order for less restrictive alternative treatment must identify the services the person will receive, in accordance with section 16 of this act. The court may order additional evaluation of the person if necessary to identify appropriate services.
(4) The court shall specifically state to such person and give such person notice in writing that if involuntary treatment beyond the fourteen day period or beyond the ninety days of less restrictive treatment is to be sought, such person will have the right to a full hearing or jury trial as required by RCW 71.05.310. The court shall also state to the person and provide written notice that the person is barred from the possession of firearms and that the prohibition remains in effect until a court restores his or her right to possess a firearm under RCW 9.41.047.
Sec. 8. RCW 71.05.245 and 2010 c 280 s 3 are each amended to read as follows:
(1) In making a determination
of whether a person is gravely disabled ((or)), presents a
likelihood of serious harm, or is in need of assisted outpatient mental
health treatment in a hearing conducted under RCW 71.05.240 or 71.05.320,
the court must consider the symptoms and behavior of the respondent in light of
all available evidence concerning the respondent's historical behavior.
(2) Symptoms or behavior which standing alone would not justify civil commitment may support a finding of grave disability or likelihood of serious harm, or a finding that the person is in need of assisted outpatient mental health treatment, when: (a) Such symptoms or behavior are closely associated with symptoms or behavior which preceded and led to a past incident of involuntary hospitalization, severe deterioration, or one or more violent acts; (b) these symptoms or behavior represent a marked and concerning change in the baseline behavior of the respondent; and (c) without treatment, the continued deterioration of the respondent is probable.
(3) In making a determination of whether there is a likelihood of serious harm in a hearing conducted under RCW 71.05.240 or 71.05.320, the court shall give great weight to any evidence before the court regarding whether the person has: (a) A recent history of one or more violent acts; or (b) a recent history of one or more commitments under this chapter or its equivalent provisions under the laws of another state which were based on a likelihood of serious harm. The existence of prior violent acts or commitments under this chapter or its equivalent shall not be the sole basis for determining whether a person presents a likelihood of serious harm.
For the purposes of this subsection "recent" refers to the period of time not exceeding three years prior to the current hearing.
Sec. 9. RCW 71.05.280 and 2013 c 289 s 4 are each amended to read as follows:
At the expiration of the
fourteen-day period of intensive treatment, a person may be ((confined))
committed for further treatment pursuant to RCW 71.05.320 if:
(1) Such person after having been taken into custody for evaluation and treatment has threatened, attempted, or inflicted: (a) Physical harm upon the person of another or himself or herself, or substantial damage upon the property of another, and (b) as a result of mental disorder presents a likelihood of serious harm; or
(2) Such person was taken into custody as a result of conduct in which he or she attempted or inflicted physical harm upon the person of another or himself or herself, or substantial damage upon the property of others, and continues to present, as a result of mental disorder, a likelihood of serious harm; or
(3) Such person has been determined to be incompetent and criminal charges have been dismissed pursuant to RCW 10.77.086(4), and has committed acts constituting a felony, and as a result of a mental disorder, presents a substantial likelihood of repeating similar acts.
(a) In any proceeding pursuant to this subsection it shall not be necessary to show intent, willfulness, or state of mind as an element of the crime;
(b) For any person subject to commitment under this subsection where the charge underlying the finding of incompetence is for a felony classified as violent under RCW 9.94A.030, the court shall determine whether the acts the person committed constitute a violent offense under RCW 9.94A.030; or
(4) Such person is gravely disabled; or
(5) Such person is in need of assisted outpatient mental health treatment.
Sec. 10. RCW 71.05.290 and 2009 c 217 s 3 are each amended to read as follows:
(1) At any time during a person's fourteen day intensive treatment period, the professional person in charge of a treatment facility or his or her professional designee or the designated mental health professional may petition the superior court for an order requiring such person to undergo an additional period of treatment. Such petition must be based on one or more of the grounds set forth in RCW 71.05.280.
(2) The petition shall
summarize the facts which support the need for further ((confinement)) commitment
and shall be supported by affidavits signed by:
(a) Two examining physicians;
(b) One examining physician and examining mental health professional;
(c) Two psychiatric advanced registered nurse practitioners;
(d) One psychiatric advanced registered nurse practitioner and a mental health professional; or
(e) An examining physician and an examining psychiatric advanced registered nurse practitioner. The affidavits shall describe in detail the behavior of the detained person which supports the petition and shall explain what, if any, less restrictive treatments which are alternatives to detention are available to such person, and shall state the willingness of the affiant to testify to such facts in subsequent judicial proceedings under this chapter. If less restrictive alternative treatment is sought, the petition shall set forth a proposed plan for less restrictive alternative treatment in accordance with section 16 of this act.
(3) If a person has been determined to be incompetent pursuant to RCW 10.77.086(4), then the professional person in charge of the treatment facility or his or her professional designee or the designated mental health professional may directly file a petition for one hundred eighty day treatment under RCW 71.05.280(3). No petition for initial detention or fourteen day detention is required before such a petition may be filed.
Sec. 11. RCW 71.05.320 and 2013 c 289 s 5 are each amended to read as follows:
(1) If the court or jury finds that grounds set forth in RCW 71.05.280 have been proven and that the best interests of the person or others will not be served by a less restrictive treatment which is an alternative to detention, the court shall remand him or her to the custody of the department or to a facility certified for ninety day treatment by the department for a further period of intensive treatment not to exceed ninety days from the date of judgment. If the grounds set forth in RCW 71.05.280(3) are the basis of commitment, then the period of treatment may be up to but not exceed one hundred eighty days from the date of judgment in a facility certified for one hundred eighty day treatment by the department.
(2) If the court or jury finds that grounds set forth in RCW 71.05.280 have been proven, but finds that treatment less restrictive than detention will be in the best interest of the person or others, then the court shall remand him or her to the custody of the department or to a facility certified for ninety day treatment by the department or to a less restrictive alternative for a further period of less restrictive treatment not to exceed ninety days from the date of judgment. If the grounds set forth in RCW 71.05.280(3) are the basis of commitment, then the period of treatment may be up to but not exceed one hundred eighty days from the date of judgment. If the court or jury finds that the grounds set forth in RCW 71.05.280(5) have been proven, and provide the only basis for commitment, the court must enter an order for less restrictive alternative treatment for up to ninety days from the date of judgment and may not order inpatient treatment.
(3) An order for less restrictive alternative treatment entered under subsection (2) of this section must identify the services the person will receive, in accordance with section 16 of this act. The court may order additional evaluation of the person if necessary to identify appropriate services.
(4) The person shall be released from involuntary treatment at the expiration of the period of commitment imposed under subsection (1) or (2) of this section unless the superintendent or professional person in charge of the facility in which he or she is confined, or in the event of a less restrictive alternative, the designated mental health professional, files a new petition for involuntary treatment on the grounds that the committed person:
(a) During the current period of court ordered treatment: (i) Has threatened, attempted, or inflicted physical harm upon the person of another, or substantial damage upon the property of another, and (ii) as a result of mental disorder or developmental disability presents a likelihood of serious harm; or
(b) Was taken into custody as a result of conduct in which he or she attempted or inflicted serious physical harm upon the person of another, and continues to present, as a result of mental disorder or developmental disability a likelihood of serious harm; or
(c)(i) Is in custody pursuant to RCW 71.05.280(3) and as a result of mental disorder or developmental disability continues to present a substantial likelihood of repeating acts similar to the charged criminal behavior, when considering the person's life history, progress in treatment, and the public safety.
(ii) In cases under this subsection where the court has made an affirmative special finding under RCW 71.05.280(3)(b), the commitment shall continue for up to an additional one hundred eighty day period whenever the petition presents prima facie evidence that the person continues to suffer from a mental disorder or developmental disability that results in a substantial likelihood of committing acts similar to the charged criminal behavior, unless the person presents proof through an admissible expert opinion that the person's condition has so changed such that the mental disorder or developmental disability no longer presents a substantial likelihood of the person committing acts similar to the charged criminal behavior. The initial or additional commitment period may include transfer to a specialized program of intensive support and treatment, which may be initiated prior to or after discharge from the state hospital; or
(d) Continues to be gravely disabled; or
(e) Is in need of assisted outpatient mental health treatment.
If the conduct required to be proven in (b) and (c) of this subsection was found by a judge or jury in a prior trial under this chapter, it shall not be necessary to prove such conduct again.
(((4) For a person
committed under subsection (2) of this section who has been remanded to a
period of less restrictive treatment, in addition to the grounds specified in
subsection (3) of this section, the designated mental health professional may
file a new petition for continued less restrictive treatment if:
(a) The person was
previously committed by a court to detention for involuntary mental health
treatment during the thirty-six months that preceded the person's initial
detention date during the current involuntary commitment cycle, excluding any
time spent in a mental health facility or in confinement as a result of a
criminal conviction;
(b) In view of the person's
treatment history or current behavior, the person is unlikely to voluntarily
participate in outpatient treatment without an order for less restrictive
treatment; and
(c) Outpatient treatment
that would be provided under a less restrictive treatment order is necessary to
prevent a relapse, decompensation, or deterioration that is likely to result in
the person presenting a likelihood of serious harm or the person becoming
gravely disabled within a reasonably short period of time.)) If less restrictive alternative treatment is
sought, the petition shall set forth a proposed plan for less restrictive
alternative services in accordance with section 16 of this act.
(5) A new petition for
involuntary treatment filed under subsection (((3) or)) (4) of this
section shall be filed and heard in the superior court of the county of the
facility which is filing the new petition for involuntary treatment unless good
cause is shown for a change of venue. The cost of the proceedings shall be
borne by the state.
(6)(a) The hearing shall be held as provided in RCW 71.05.310, and if the court or jury finds that the grounds for additional confinement as set forth in this section are present, the court may order the committed person returned for an additional period of treatment not to exceed one hundred eighty days from the date of judgment, except as provided in subsection (7) of this section. If the court's order is based solely on the grounds identified in subsection (4)(e) of this section, the court may enter an order for less restrictive alternative treatment not to exceed one hundred eighty days from the date of judgment, and may not enter an order for inpatient treatment. An order for less restrictive alternative treatment must identify the services the person will receive, in accordance with section 16 of this act. The court may order additional evaluation of the person if necessary to identify appropriate services.
(b) At the end of the one hundred eighty day period of
commitment, or one-year period of commitment if subsection (7) of this
section applies, the committed person shall be released unless a petition
for ((another)) an additional one hundred eighty day period of
continued treatment is filed and heard in the same manner as provided in this
section. Successive one hundred eighty day commitments are permissible on the
same grounds and pursuant to the same procedures as the original one hundred
eighty day commitment. ((However, a commitment is not permissible under subsection
(4) of this section if thirty-six months have passed since the last date of
discharge from detention for inpatient treatment that preceded the current less
restrictive alternative order, nor shall a commitment under subsection (4) of
this section be permissible if the likelihood of serious harm in subsection
(4)(c) of this section is based solely on harm to the property of others.))
(7) An order for less restrictive treatment entered under subsection (6) of this section may be for up to one year when the person's previous commitment term was for intensive inpatient treatment in a state hospital.
(8) No person committed as provided in this section may be detained unless a valid order of commitment is in effect. No order of commitment can exceed one hundred eighty days in length except as provided in subsection (7) of this section.
Sec. 12. RCW 71.05.340 and 2009 c 322 s 1 are each amended to read as follows:
(1)(a) When, in the opinion of
the superintendent or the professional person in charge of the hospital or
facility providing involuntary treatment, the committed person can be
appropriately served by outpatient treatment prior to or at the expiration of
the period of commitment, then such outpatient care may be required as a term
of conditional release for a period which, when added to the inpatient
treatment period, shall not exceed the period of commitment. If the ((hospital
or)) facility or agency designated to provide outpatient treatment
is other than the facility providing involuntary treatment, the outpatient
facility so designated must agree in writing to assume such responsibility. A
copy of the terms of conditional release shall be given to the patient, the
designated mental health professional in the county in which the patient is to
receive outpatient treatment, and to the court of original commitment.
(b) Before a person committed
under grounds set forth in RCW 71.05.280(3) or 71.05.320(((3))) (4)(c)
is conditionally released under (a) of this subsection, the superintendent or
professional person in charge of the hospital or facility providing involuntary
treatment shall in writing notify the prosecuting attorney of the county in
which the criminal charges against the committed person were dismissed, of the
decision to conditionally release the person. Notice and a copy of the terms of
conditional release shall be provided at least thirty days before the person is
released from inpatient care. Within twenty days after receiving notice, the
prosecuting attorney may petition the court in the county that issued the
commitment order to hold a hearing to determine whether the person may be
conditionally released and the terms of the conditional release. The
prosecuting attorney shall provide a copy of the petition to the superintendent
or professional person in charge of the hospital or facility providing
involuntary treatment, the attorney, if any, and guardian or conservator of the
committed person, and the court of original commitment. If the county in which
the committed person is to receive outpatient treatment is the same county in
which the criminal charges against the committed person were dismissed, then
the court shall, upon the motion of the prosecuting attorney, transfer the
proceeding to the court in that county. The court shall conduct a hearing on
the petition within ten days of the filing of the petition. The committed
person shall have the same rights with respect to notice, hearing, and counsel
as for an involuntary treatment proceeding, except as set forth in this
subsection and except that there shall be no right to jury trial. The issue to
be determined at the hearing is whether or not the person may be conditionally
released without substantial danger to other persons, or substantial likelihood
of committing criminal acts jeopardizing public safety or security. If the
court disapproves of the conditional release, it may do so only on the basis of
substantial evidence. Pursuant to the determination of the court upon the
hearing, the conditional release of the person shall be approved by the court
on the same or modified conditions or the person shall be returned for
involuntary treatment on an inpatient basis subject to release at the end of
the period for which he or she was committed, or otherwise in accordance with
the provisions of this chapter.
(2) The ((hospital or))
facility or agency designated to provide outpatient care or the
secretary may modify the conditions for continued release when such
modification is in the best interest of the person. Notification of such
changes shall be sent to all persons receiving a copy of the original
conditions. Enforcement or revocation proceedings related to a conditional
release order may occur as provided under section 13 of this act.
(((3)(a) If the hospital or
facility designated to provide outpatient care, the designated mental health
professional, or the secretary determines that:
(i) A conditionally
released person is failing to adhere to the terms and conditions of his or her
release;
(ii) Substantial
deterioration in a conditionally released person's functioning has occurred;
(iii) There is evidence of
substantial decompensation with a reasonable probability that the
decompensation can be reversed by further inpatient treatment; or
(iv) The person poses a
likelihood of serious harm.
Upon notification by the
hospital or facility designated to provide outpatient care, or on his or her
own motion, the designated mental health professional or the secretary may
order that the conditionally released person be apprehended and taken into
custody and temporarily detained in an evaluation and treatment facility in or
near the county in which he or she is receiving outpatient treatment.
(b) The hospital or
facility designated to provide outpatient treatment shall notify the secretary
or designated mental health professional when a conditionally released person
fails to adhere to terms and conditions of his or her conditional release or
experiences substantial deterioration in his or her condition and, as a result,
presents an increased likelihood of serious harm. The designated mental health
professional or secretary shall order the person apprehended and temporarily
detained in an evaluation and treatment facility in or near the county in which
he or she is receiving outpatient treatment.
(c) A person detained under
this subsection (3) shall be held until such time, not exceeding five days, as
a hearing can be scheduled to determine whether or not the person should be
returned to the hospital or facility from which he or she had been
conditionally released. The designated mental health professional or the
secretary may modify or rescind such order at any time prior to commencement of
the court hearing.
(d) The court that
originally ordered commitment shall be notified within two judicial days of a
person's detention under the provisions of this section, and the designated
mental health professional or the secretary shall file his or her petition and
order of apprehension and detention with the court that originally ordered
commitment or with the court in the county in which the person is detained and
serve them upon the person detained. His or her attorney, if any, and his or
her guardian or conservator, if any, shall receive a copy of such papers as soon
as possible. Such person shall have the same rights with respect to notice,
hearing, and counsel as for an involuntary treatment proceeding, except as
specifically set forth in this section and except that there shall be no right
to jury trial. The venue for proceedings regarding a petition for modification
or revocation of an order for conditional release shall be in the county in
which the petition was filed. The issues to be determined shall be: (i) Whether
the conditionally released person did or did not adhere to the terms and
conditions of his or her conditional release; (ii) that substantial
deterioration in the person's functioning has occurred; (iii) there is evidence
of substantial decompensation with a reasonable probability that the decompensation
can be reversed by further inpatient treatment; or (iv) there is a likelihood
of serious harm; and, if any of the conditions listed in this subsection (3)(d)
have occurred, whether the terms of conditional release should be modified or
the person should be returned to the facility.
(e) Pursuant to the
determination of the court upon such hearing, the conditionally released person
shall either continue to be conditionally released on the same or modified
conditions or shall be returned for involuntary treatment on an inpatient basis
subject to release at the end of the period for which he or she was committed
for involuntary treatment, or otherwise in accordance with the provisions of
this chapter. Such hearing may be waived by the person and his or her counsel
and his or her guardian or conservator, if any, but shall not be waivable
unless all such persons agree to waive, and upon such waiver the person may be
returned for involuntary treatment or continued on conditional release on the
same or modified conditions.
(4) The proceedings set
forth in subsection (3) of this section may be initiated by the designated
mental health professional or the secretary on the same basis set forth therein
without requiring or ordering the apprehension and detention of the
conditionally released person, in which case the court hearing shall take place
in not less than five days from the date of service of the petition upon the
conditionally released person. The petition may be filed in the court that
originally ordered commitment or with the court in the county in which the
person is present. The venue for the proceedings regarding the petition for
modification or revocation of an order for conditional release shall be in the
county in which the petition was filed.
Upon expiration of the
period of commitment, or when the person is released from outpatient care,
notice in writing to the court which committed the person for treatment shall
be provided.
(5) The grounds and
procedures for revocation of less restrictive alternative treatment shall be
the same as those set forth in this section for conditional releases.
(6) In the event of a
revocation of a conditional release, the subsequent treatment period may be for
no longer than the actual period authorized in the original court order.))
NEW SECTION. Sec. 13. A new section is added to chapter 71.05 RCW to read as follows:
(1) An agency or facility designated to monitor or provide services under a less restrictive alternative or conditional release order or a designated mental health professional may take action to enforce, modify, or revoke a less restrictive alternative or conditional release order if the agency, facility, or designated mental health professional determines that:
(a) The person is failing to adhere to the terms and conditions of the court order;
(b) Substantial deterioration in the person's functioning has occurred;
(c) There is evidence of substantial decompensation with a reasonable probability that the decompensation can be reversed by further evaluation, intervention, or treatment; or
(d) The person poses a likelihood of serious harm.
(2) Actions taken under this section must include a flexible range of responses of varying levels of intensity appropriate to the circumstances and consistent with the interests of the individual and the public in personal autonomy, safety, recovery, and compliance. Available actions may include, but are not limited to, any of the following:
(a) To counsel, advise, or admonish the person as to their rights and responsibilities under the court order, and to offer appropriate incentives to motivate compliance;
(b) To increase the intensity of outpatient services provided to the person by increasing the frequency of contacts with the provider, referring the person for an assessment for monitored medication administration, assertive community services, or injectable medication, or by other means;
(c) To request a court hearing for review and modification of the court order. The request must be made to the court with jurisdiction over the order and specify the circumstances that give rise to the request and what modification is being sought. The county prosecutor shall assist the agency or facility in requesting this hearing and issuing an appropriate summons to the person. This subsection does not limit the inherent authority of a treatment provider to alter conditions of treatment for clinical reasons, and is intended to be used only when court intervention is necessary or advisable to secure the person's compliance and prevent decompensation or deterioration;
(d) To cause the person to be transported by a peace officer, designated mental health professional, or other means to the agency or facility monitoring or providing services under the court order, or to a triage facility, crisis stabilization unit, emergency department, or evaluation and treatment facility for up to twelve hours for the purpose of an evaluation to determine whether modification, revocation, or commitment proceedings are necessary and appropriate to stabilize the person and prevent decompensation, deterioration, or physical harm. Temporary detention for evaluation under this subsection is intended to occur only following a pattern of noncompliance or the failure of reasonable attempts at outreach and engagement. This subsection does not limit the ability or obligation to pursue revocation procedures under subsection (4) of this section in appropriate circumstances; and
(e) To initiate revocation procedures under subsection (4) of this section.
(3) The facility or agency designated to provide outpatient treatment shall notify the secretary or designated mental health professional when a person fails to adhere to terms and conditions of court ordered treatment or experiences substantial deterioration in his or her condition and, as a result, presents an increased likelihood of serious harm.
(4)(a) A designated mental health professional or the secretary may upon their own motion or notification by the facility or agency designated to provide outpatient care order a person subject to a court order under this section to be apprehended and taken into custody and temporary detention in an evaluation and treatment facility in or near the county in which he or she is receiving outpatient treatment, or initiate proceedings under this subsection (4) without ordering the apprehension and detention of the person.
(b) A person detained under this subsection (4) must be held until such time, not exceeding five days, as a hearing can be scheduled to determine whether or not the person should be returned to the hospital or facility from which he or she had been released. If the person is not detained, the hearing must be scheduled within five days of service on the person. The designated mental health professional or the secretary may modify or rescind the order at any time prior to commencement of the court hearing.
(c) The designated mental health professional or secretary shall notify the court that originally ordered commitment within two judicial days of a person's detention and file a revocation petition and order of apprehension and detention with the court and serve the person and their attorney, guardian, and conservator, if any. The person has the same rights with respect to notice, hearing, and counsel as in any involuntary treatment proceeding, except as specifically set forth in this section. There is no right to jury trial. The venue for proceedings regarding a petition for modification or revocation must be in the county in which the petition was filed.
(d) The issues for the court to determine are whether: (i) The person adhered to the terms and conditions of the court order; (ii) substantial deterioration in the person's functioning has occurred; (iii) there is evidence of substantial decompensation with a reasonable probability that the decompensation can be reversed by further inpatient treatment; or (iv) there is a likelihood of serious harm; and, if any of the above conditions apply, whether the court should reinstate or modify the person's less restrictive alternative or conditional release order or order the person's detention for inpatient treatment. The person may waive the court hearing and allow the court to enter a stipulated order upon the agreement of all parties. If the court orders detention for inpatient treatment, the treatment period may be for no longer than the period authorized in the original court order.
(e) Revocation proceedings under this subsection (4) are not allowable if the current commitment is solely based on the person being in need of assisted outpatient mental health treatment. In order to obtain a court order for detention for inpatient treatment under this circumstance, a petition must be filed under RCW 71.05.150 or 71.05.153.
(5) In determining whether or not to take action under this section the designated mental health professional, agency, or facility must consider the factors specified under RCW 71.05.212 and the court must consider the factors specified under RCW 71.05.245 as they apply to the question of whether to enforce, modify, or revoke a court order for involuntary treatment.
Sec. 14. RCW 71.05.730 and 2011 c 343 s 2 are each amended to read as follows:
(1) A county may apply to its regional support network on a quarterly basis for reimbursement of its direct costs in providing judicial services for civil commitment cases under this chapter and chapter 71.34 RCW. The regional support network shall in turn be entitled to reimbursement from the regional support network that serves the county of residence of the individual who is the subject of the civil commitment case. Reimbursements under this section shall be paid out of the regional support network's nonmedicaid appropriation.
(2) Reimbursement for judicial services shall be provided per civil commitment case at a rate to be determined based on an independent assessment of the county's actual direct costs. This assessment must be based on an average of the expenditures for judicial services within the county over the past three years. In the event that a baseline cannot be established because there is no significant history of similar cases within the county, the reimbursement rate shall be equal to eighty percent of the median reimbursement rate of counties included in the independent assessment.
(3) For the purposes of this section:
(a) "Civil commitment
case" includes all judicial hearings related to a single episode of
hospitalization((,)) or less restrictive alternative ((detention in
lieu of hospitalization)) treatment, except that the filing of a
petition for a one hundred eighty-day commitment under this chapter or a
petition for a successive one hundred eighty-day commitment under chapter 71.34
RCW shall be considered to be a new case regardless of whether there has been a
break in detention. "Civil commitment case" does not include the
filing of a petition for a one hundred eighty-day commitment under this chapter
on behalf of a patient at a state psychiatric hospital.
(b) "Judicial services" means a county's reasonable direct costs in providing prosecutor services, assigned counsel and defense services, court services, and court clerk services for civil commitment cases under this chapter and chapter 71.34 RCW.
(4) To the extent that resources have shared purpose, the regional support network may only reimburse counties to the extent such resources are necessary for and devoted to judicial services as described in this section.
(5) No filing fee may be charged or collected for any civil commitment case subject to reimbursement under this section.
Sec. 15. RCW 71.05.730 and 2014 c 225 s 87 are each amended to read as follows:
(1) A county may apply to its behavioral health organization on a quarterly basis for reimbursement of its direct costs in providing judicial services for civil commitment cases under this chapter and chapter 71.34 RCW. The behavioral health organization shall in turn be entitled to reimbursement from the behavioral health organization that serves the county of residence of the individual who is the subject of the civil commitment case. Reimbursements under this section shall be paid out of the behavioral health organization's nonmedicaid appropriation.
(2) Reimbursement for judicial services shall be provided per civil commitment case at a rate to be determined based on an independent assessment of the county's actual direct costs. This assessment must be based on an average of the expenditures for judicial services within the county over the past three years. In the event that a baseline cannot be established because there is no significant history of similar cases within the county, the reimbursement rate shall be equal to eighty percent of the median reimbursement rate of counties included in the independent assessment.
(3) For the purposes of this section:
(a) "Civil commitment
case" includes all judicial hearings related to a single episode of
hospitalization((,)) or less restrictive alternative ((detention in lieu
of hospitalization)) treatment, except that the filing of a petition
for a one hundred eighty-day commitment under this chapter or a petition for a
successive one hundred eighty-day commitment under chapter 71.34 RCW shall be
considered to be a new case regardless of whether there has been a break in
detention. "Civil commitment case" does not include the filing of a
petition for a one hundred eighty-day commitment under this chapter on behalf
of a patient at a state psychiatric hospital.
(b) "Judicial services" means a county's reasonable direct costs in providing prosecutor services, assigned counsel and defense services, court services, and court clerk services for civil commitment cases under this chapter and chapter 71.34 RCW.
(4) To the extent that resources have shared purpose, the behavioral health organization may only reimburse counties to the extent such resources are necessary for and devoted to judicial services as described in this section.
(5) No filing fee may be charged or collected for any civil commitment case subject to reimbursement under this section.
NEW SECTION. Sec. 16. A new section is added to chapter 71.05 RCW to read as follows:
(1) Less restrictive alternative treatment, at a minimum, includes the following services:
(a) Assignment of a care coordinator;
(b) An intake evaluation with the provider of the less restrictive alternative treatment;
(c) A psychiatric evaluation;
(d) Medication management;
(e) A schedule of regular contacts with the provider of the less restrictive alternative treatment services for the duration of the order;
(f) A transition plan addressing access to continued services at the expiration of the order; and
(g) An individual crisis plan.
(2) Less restrictive alternative treatment may additionally include requirements to participate in the following services:
(a) Psychotherapy;
(b) Nursing;
(c) Substance abuse counseling;
(d) Residential treatment; and
(e) Support for housing, benefits, education, and employment.
(3) Less restrictive alternative treatment must be administered by a provider that is certified or licensed to provide or coordinate the full scope of services required under the less restrictive alternative order and that has agreed to assume this responsibility.
(4) For the purpose of this section, "care coordinator" means a clinical practitioner who coordinates the activities of less restrictive alternative treatment. The care coordinator coordinates activities with the designated mental health professionals necessary for enforcement and continuation of less restrictive alternative orders. The care coordinator is responsible for coordinating service activities with other agencies and establishing and maintaining a therapeutic relationship with the individual on a continuing basis, including providing individual supportive therapy and providing primary support and education to the individual's family and support system. The care coordinator retains these responsibilities when the individual is in the hospital, in the community, or involved with other agencies, and must collaborate with the individual to write treatment, transition, and care plans that offer options and choices to the individual. The care coordinator ensures that immediate changes are made to these plans in response to changes to the individual's needs.
NEW SECTION. Sec. 17. A new section is added to chapter 71.05 RCW to read as follows:
A court order for less restrictive alternative treatment for a person found to be in need of assisted outpatient mental health treatment must be terminated prior to the expiration of the order when, in the opinion of the professional person in charge of the less restrictive alternative treatment provider, (1) the person is prepared to accept voluntary treatment, or (2) the outpatient treatment ordered is no longer necessary to prevent a relapse, decompensation, or deterioration that is likely to result in the person presenting a likelihood of serious harm or the person becoming gravely disabled within a reasonably short period of time.
Sec. 18. RCW 71.24.330 and 2013 c 320 s 9 are each amended to read as follows:
(1)(a) Contracts between a regional support network and the department shall include mechanisms for monitoring performance under the contract and remedies for failure to substantially comply with the requirements of the contract including, but not limited to, financial penalties, termination of the contract, and reprocurement of the contract.
(b) The department shall incorporate the criteria to measure the performance of service coordination organizations into contracts with regional support networks as provided in chapter 70.320 RCW.
(2) The regional support network procurement processes shall encourage the preservation of infrastructure previously purchased by the community mental health service delivery system, the maintenance of linkages between other services and delivery systems, and maximization of the use of available funds for services versus profits. However, a regional support network selected through the procurement process is not required to contract for services with any county‑owned or operated facility. The regional support network procurement process shall provide that public funds appropriated by the legislature shall not be used to promote or deter, encourage, or discourage employees from exercising their rights under Title 29, chapter 7, subchapter II, United States Code or chapter 41.56 RCW.
(3) In addition to the requirements of RCW 71.24.035, contracts shall:
(a) Define administrative costs and ensure that the regional support network does not exceed an administrative cost of ten percent of available funds;
(b) Require effective collaboration with law enforcement, criminal justice agencies, and the chemical dependency treatment system;
(c) Require substantial implementation of department adopted integrated screening and assessment process and matrix of best practices;
(d) Maintain the decision-making independence of designated mental health professionals;
(e) Except at the discretion of the secretary or as specified in the biennial budget, require regional support networks to pay the state for the costs associated with individuals who are being served on the grounds of the state hospitals and who are not receiving long-term inpatient care as defined in RCW 71.24.025;
(f) Include a negotiated
alternative dispute resolution clause; ((and))
(g) Include a provision requiring either party to provide one hundred eighty days' notice of any issue that may cause either party to voluntarily terminate, refuse to renew, or refuse to sign a mandatory amendment to the contract to act as a regional support network. If either party decides to voluntarily terminate, refuse to renew, or refuse to sign a mandatory amendment to the contract to serve as a regional support network they shall provide ninety days' advance notice in writing to the other party;
(h) Require regional support networks to provide services as identified in section 16 of this act to individuals committed for involuntary commitment under less restrictive alternative court orders when:
(i) The individual is enrolled in the medicaid program and meets regional support network access to care standards; or
(ii) The individual is not enrolled in medicaid, does not have other insurance which can pay for the services, and the regional support network has adequate available resources to provide the services; and
(i) Establish caseload guidelines for care coordinators who supervise less restrictive alternative orders and guidelines for response times during and immediately following periods of hospitalization or incarceration.
Sec. 19. RCW 71.24.330 and 2014 c 225 s 51 are each amended to read as follows:
(1)(a) Contracts between a behavioral health organization and the department shall include mechanisms for monitoring performance under the contract and remedies for failure to substantially comply with the requirements of the contract including, but not limited to, financial penalties, termination of the contract, and reprocurement of the contract.
(b) The department shall incorporate the criteria to measure the performance of service coordination organizations into contracts with behavioral health organizations as provided in chapter 70.320 RCW.
(2) The behavioral health organization procurement processes shall encourage the preservation of infrastructure previously purchased by the community mental health service delivery system, the maintenance of linkages between other services and delivery systems, and maximization of the use of available funds for services versus profits. However, a behavioral health organization selected through the procurement process is not required to contract for services with any county‑owned or operated facility. The behavioral health organization procurement process shall provide that public funds appropriated by the legislature shall not be used to promote or deter, encourage, or discourage employees from exercising their rights under Title 29, chapter 7, subchapter II, United States Code or chapter 41.56 RCW.
(3) In addition to the requirements of RCW 71.24.035, contracts shall:
(a) Define administrative costs and ensure that the behavioral health organization does not exceed an administrative cost of ten percent of available funds;
(b) Require effective collaboration with law enforcement, criminal justice agencies, and the chemical dependency treatment system;
(c) Require substantial implementation of department adopted integrated screening and assessment process and matrix of best practices;
(d) Maintain the decision-making independence of designated mental health professionals;
(e) Except at the discretion of the secretary or as specified in the biennial budget, require behavioral health organizations to pay the state for the costs associated with individuals who are being served on the grounds of the state hospitals and who are not receiving long-term inpatient care as defined in RCW 71.24.025;
(f) Include a negotiated
alternative dispute resolution clause; ((and))
(g) Include a provision requiring either party to provide one hundred eighty days' notice of any issue that may cause either party to voluntarily terminate, refuse to renew, or refuse to sign a mandatory amendment to the contract to act as a behavioral health organization. If either party decides to voluntarily terminate, refuse to renew, or refuse to sign a mandatory amendment to the contract to serve as a behavioral health organization they shall provide ninety days' advance notice in writing to the other party;
(h) Require behavioral health organizations to provide services as identified in section 16 of this act to individuals committed for involuntary commitment under less restrictive alternative court orders when:
(i) The individual is enrolled in the medicaid program and meets behavioral health organization access to care standards; or
(ii) The individual is not enrolled in medicaid, does not have other insurance which can pay for the services, and the behavioral health organization has adequate available resources to provide the services; and
(i) Establish caseload guidelines for care coordinators who supervise less restrictive alternative orders and guidelines for response times during and immediately following periods of hospitalization or incarceration.
Sec. 20. RCW 71.05.210 and 2009 c 217 s 1 are each amended to read as follows:
Each person involuntarily
detained and accepted or admitted at an evaluation and treatment facility (1)
shall, within twenty-four hours of his or her admission or acceptance at the
facility, be examined and evaluated by (a) a licensed physician who may be
assisted by a physician assistant according to chapter 18.71A RCW and a mental
health professional, (b) an advanced registered nurse practitioner according to
chapter 18.79 RCW and a mental health professional, or (c) a licensed physician
and a psychiatric advanced registered nurse practitioner and (2) shall receive
such treatment and care as his or her condition requires including treatment on
an outpatient basis for the period that he or she is detained, except that,
beginning twenty-four hours prior to a trial or hearing pursuant to RCW
71.05.215, 71.05.240, 71.05.310, 71.05.320, ((71.05.340)) section 13
of this act, or 71.05.217, the individual may refuse psychiatric
medications, but may not refuse: (a) Any other medication previously prescribed
by a person licensed under Title 18 RCW; or (b) emergency lifesaving treatment,
and the individual shall be informed at an appropriate time of his or her right
of such refusal. The person shall be detained up to seventy-two hours, if, in
the opinion of the professional person in charge of the facility, or his or her
professional designee, the person presents a likelihood of serious harm, or is
gravely disabled. A person who has been detained for seventy-two hours shall no
later than the end of such period be released, unless referred for further care
on a voluntary basis, or detained pursuant to court order for further treatment
as provided in this chapter.
If, after examination and evaluation, the mental health professional and licensed physician or psychiatric advanced registered nurse practitioner determine that the initial needs of the person would be better served by placement in a chemical dependency treatment facility, then the person shall be referred to an approved treatment program defined under RCW 70.96A.020.
An evaluation and treatment center admitting or accepting any person pursuant to this chapter whose physical condition reveals the need for hospitalization shall assure that such person is transferred to an appropriate hospital for evaluation or admission for treatment. Notice of such fact shall be given to the court, the designated attorney, and the designated mental health professional and the court shall order such continuance in proceedings under this chapter as may be necessary, but in no event may this continuance be more than fourteen days.
Sec. 21. 2009 c 323 s 1 (uncodified) is amended to read as follows:
(1) The legislature finds that many persons who are released from involuntary mental health treatment in an inpatient setting would benefit from an order for less restrictive treatment in order to provide the structure and support necessary to facilitate long-term stability and success in the community.
(2) The legislature intends to make it easier to renew orders for less restrictive treatment following a period of inpatient commitment in cases in which a person has been involuntarily committed more than once and is likely to benefit from a renewed order for less restrictive treatment.
(3) The legislature finds that
public safety is enhanced when a designated mental health professional is able
to file a petition to revoke an order for less restrictive treatment under ((RCW
71.05.340)) section 13 of this act before a person who is the
subject of the petition becomes ill enough to present a likelihood of serious
harm.
NEW SECTION. Sec. 22. Sections 1, 14, and 18 of this act expire April 1, 2016.
NEW SECTION. Sec. 23. Sections 2, 15, and 19 of this act take effect April 1, 2016.
NEW SECTION. Sec. 24. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2015, in the omnibus appropriations act, this act is null and void."
MOTION
Senator O'Ban moved that the following amendment by Senator O'Ban to the committee striking amendment be adopted:
On page 31, beginning on line 6 of the amendment, after "assessment for" strike "monitored medication administration,"
On page 31, line 7 of the amendment, after "services," strike "or injectable medication,"
On page 31, line 30 of the amendment, after "engagement" insert ", and may occur only when in the clinical judgment of a designated mental health professional or the professional person in charge of an agency or facility designated to monitor less restrictive alternative services temporary detention is appropriate"
On page 36, line 15 of the amendment, after "orders" strike ". The care coordinator" and insert "and"
On page 36, beginning on line 17 of the amendment, after "basis" strike all material through "needs" on line 26
Senators O'Ban and Darneille spoke in favor of adoption of the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator O'Ban on page 31, line 6 to the committee striking amendment to Engrossed Second Substitute House Bill No. 1450.
The motion by Senator O'Ban carried and the amendment to the committee striking amendment was adopted by voice vote.
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Human Services, Mental Health & Housing as amended to Engrossed Second Substitute House Bill No. 1450.
The motion by Senator O'Ban carried and the committee striking amendment as amended was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 2 of the title, after "treatment;" strike the remainder of the title and insert "amending RCW 71.05.150, 71.05.156, 71.05.212, 71.05.230, 71.05.240, 71.05.245, 71.05.280, 71.05.290, 71.05.320, 71.05.340, 71.05.730, 71.05.730, 71.24.330, 71.24.330, and 71.05.210; amending 2009 c 323 s 1 (uncodified); reenacting and amending RCW 71.05.020 and 71.05.020; adding new sections to chapter 71.05 RCW; creating a new section; providing an effective date; and providing an expiration date."
MOTION
On motion of Senator O'Ban, the rules were suspended, Engrossed Second Substitute House Bill No. 1450 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators O'Ban and Darneille spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Second Substitute House Bill No. 1450 as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1450 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.
Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick
Voting nay: Senator Hasegawa
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1450 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
PERSONAL PRIVILEGE
Senator Kohl-Welles: “Thank you Mr. President and ladies and gentlemen of the Senate. You may have noticed some of the exhibits that look like they have to do with science that are out among the rotunda and around in the halls. These have been provided today by the Pacific Science Center which is in its fifty-third year. Following the 1962 World’s Fair, for the last thirty years, the Pacific Science Center has brought exhibits to the Legislature for our education and amusement. There are over fifteen exhibits out there today. They’re very, very interesting and are examples of work that is done by the ‘Science on Wheels’ program which started fifteen years ago and travels around the state as well as the Laser Program, helping teachers teach science and the daily work and fun at the Science Center. If we have another break, if you can, I urge you to go out and take a look at it, look at them, they are really enjoyable and very educational. Thank you.”
Senator Fain announced a meeting of the Majority Coalition Caucus immediately upon going at ease.
Senator Fraser announced a meeting of the Senate Democratic Caucus immediately upon going at ease.
MOTION
At 2:23 p.m., on motion of Senator Fain, the Senate was declared to be at ease subject to the call of the President.
The Senate was called to order at 3:58 p.m. by President Owen.
MOTION
On motion of Senator Fain, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
April 10, 2015
MR. PRESIDENT:
The House passed SECOND SUBSTITUTE SENATE BILL NO. 5052 with the following amendment(s): 5052-S2 AMH ENGR H2596.E
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. This act may be known and cited as the cannabis patient protection act.
NEW SECTION. Sec. 2. The legislature finds that since voters approved Initiative Measure No. 692 in 1998, it has been the public policy of the state to permit the medical use of marijuana. Between 1998 and the present day, there have been multiple legislative attempts to clarify what is meant by the medical use of marijuana and to ensure qualifying patients have a safe, consistent, and adequate source of marijuana for their medical needs.
The legislature further finds that qualifying patients are people with serious medical conditions and have been responsible for finding their own source of marijuana for their own personal medical use. Either by growing it themselves, designating someone to grow for them, or participating in collective gardens, patients have developed methods of access in spite of continued federal opposition to the medical use of marijuana. In a time when access itself was an issue and no safe, consistent source of marijuana was available, this unregulated system was permitted by the state to ensure some, albeit limited, access to marijuana for medical use. Also permitted were personal possession limits of fifteen plants and twenty-four ounces of useable marijuana, which was deemed to be the amount of marijuana needed for a sixty-day supply. In a time when supply was not consistent, this amount of marijuana was necessary to ensure patients would be able to address their immediate medical needs.
The legislature further finds that while possession amounts are provided in statute, these do not amount to protection from arrest and prosecution for patients. In fact, patients in compliance with state law are not provided arrest protection. They may be arrested and their only remedy is to assert an affirmative defense at trial that they are in compliance with the law and have a medical need. Too many patients using marijuana for medical purposes today do not know this; many falsely believe they cannot be arrested so long as their health care provider has authorized them for the medical use of marijuana.
The legislature further finds that in 2012 voters passed Initiative Measure No. 502 which permitted the recreational use of marijuana. For the first time in our nation's history, marijuana would be regulated, taxed, and sold for recreational consumption. Initiative Measure No. 502 provides for strict regulation on the production, processing, and distribution of marijuana. Under Initiative Measure No. 502, marijuana is trackable from seed to sale and may only be sold or grown under license. Marijuana must be tested for impurities and purchasers of marijuana must be informed of the THC level in the marijuana. Since its passage, two hundred fifty producer/processor licenses and sixty-three retail licenses have been issued, covering the majority of the state. With the current product canopy exceeding 2.9 million square feet, and retailers in place, the state now has a system of safe, consistent, and adequate access to marijuana; the marketplace is not the same marketplace envisioned by the voters in 1998. While medical needs remain, the state is in the untenable position of having a recreational product that is tested and subject to production standards that ensure safe access for recreational users. No such standards exist for medical users and, consequently, the very people originally meant to be helped through the medical use of marijuana do not know if their product has been tested for molds, do not know where their marijuana has been grown, have no certainty in the level of THC or CBD in their products, and have no assurances that their products have been handled through quality assurance measures. It is not the public policy of the state to allow qualifying patients to only have access to products that may be endangering their health.
The legislature, therefore, intends to adopt a comprehensive act that uses the regulations in place for the recreational market to provide regulation for the medical use of marijuana. It intends to ensure that patients retain their ability to grow their own marijuana for their own medical use and it intends to ensure that patients have the ability to possess more marijuana-infused products, useable marijuana, and marijuana concentrates than what is available to a nonmedical user. It further intends that medical specific regulations be adopted as needed and under consultation of the departments of health and agriculture so that safe handling practices will be adopted and so that testing standards for medical products meet or exceed those standards in use in the recreational market.
The legislature further intends that the costs associated with implementing and administering the medical marijuana authorization database shall be financed from the health professions account and that these funds shall be restored to the health professions account through future appropriations using funds derived from the dedicated marijuana account.
Sec. 3. RCW 66.08.012 and 2012 c 117 s 265 are each amended to read as follows:
There shall be a board, known
as the "Washington state liquor ((control)) and cannabis
board," consisting of three members, to be appointed by the governor, with
the consent of the senate, who shall each be paid an annual salary to be fixed
by the governor in accordance with the provisions of RCW 43.03.040. The
governor may, in his or her discretion, appoint one of the members as chair of
the board, and a majority of the members shall constitute a quorum of the
board.
Sec. 4. RCW 69.50.101 and 2014 c 192 s 1 are each amended to read as follows:
Unless the context clearly requires otherwise, definitions of terms shall be as indicated where used in this chapter:
(a) "Administer" means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by:
(1) a practitioner authorized to prescribe (or, by the practitioner's authorized agent); or
(2) the patient or research subject at the direction and in the presence of the practitioner.
(b) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseperson, or employee of the carrier or warehouseperson.
(c) "Commission" means the pharmacy quality assurance commission.
(d) "Controlled substance" means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or commission rules.
(e)(1) "Controlled substance analog" means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II and:
(i) that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II; or
(ii) with respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II.
(2) The term does not include:
(i) a controlled substance;
(ii) a substance for which there is an approved new drug application;
(iii) a substance with respect to which an exemption is in effect for investigational use by a particular person under Section 505 of the federal Food, Drug and Cosmetic Act, 21 U.S.C. Sec. 355, to the extent conduct with respect to the substance is pursuant to the exemption; or
(iv) any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.
(f) "Deliver" or "delivery," means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship.
(g) "Department" means the department of health.
(h) "Dispense" means the interpretation of a prescription or order for a controlled substance and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.
(i) "Dispenser" means a practitioner who dispenses.
(j) "Distribute" means to deliver other than by administering or dispensing a controlled substance.
(k) "Distributor" means a person who distributes.
(l) "Drug" means (1) a controlled substance recognized as a drug in the official United States pharmacopoeia/national formulary or the official homeopathic pharmacopoeia of the United States, or any supplement to them; (2) controlled substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals; (3) controlled substances (other than food) intended to affect the structure or any function of the body of individuals or animals; and (4) controlled substances intended for use as a component of any article specified in (1), (2), or (3) of this subsection. The term does not include devices or their components, parts, or accessories.
(m) "Drug enforcement administration" means the drug enforcement administration in the United States Department of Justice, or its successor agency.
(n) "Electronic communication of prescription information" means the transmission of a prescription or refill authorization for a drug of a practitioner using computer systems. The term does not include a prescription or refill authorization verbally transmitted by telephone nor a facsimile manually signed by the practitioner.
(o) "Immediate precursor" means a substance:
(1) that the commission has found to be and by rule designates as being the principal compound commonly used, or produced primarily for use, in the manufacture of a controlled substance;
(2) that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance; and
(3) the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance.
(p) "Isomer" means an optical isomer, but in subsection (z)(5) of this section, RCW 69.50.204(a) (12) and (34), and 69.50.206(b)(4), the term includes any geometrical isomer; in RCW 69.50.204(a) (8) and (42), and 69.50.210(c) the term includes any positional isomer; and in RCW 69.50.204(a)(35), 69.50.204(c), and 69.50.208(a) the term includes any positional or geometric isomer.
(q) "Lot" means a definite quantity of marijuana, marijuana concentrates, useable marijuana, or marijuana-infused product identified by a lot number, every portion or package of which is uniform within recognized tolerances for the factors that appear in the labeling.
(r) "Lot number" shall identify the licensee by business or trade name and Washington state unified business identifier number, and the date of harvest or processing for each lot of marijuana, marijuana concentrates, useable marijuana, or marijuana-infused product.
(s) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. The term does not include the preparation, compounding, packaging, repackaging, labeling, or relabeling of a controlled substance:
(1) by a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice; or
(2) by a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.
(t) "Marijuana" or "marihuana" means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
(u) "Marijuana concentrates" means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis and having a THC concentration greater than sixty percent.
(v) "Marijuana
processor" means a person licensed by the state liquor ((control)) and
cannabis board to process marijuana into marijuana concentrates,
useable marijuana, and marijuana-infused products, package and label marijuana
concentrates, useable marijuana, and marijuana-infused products for
sale in retail outlets, and sell marijuana concentrates, useable
marijuana, and marijuana-infused products at wholesale to marijuana retailers.
(w) "Marijuana
producer" means a person licensed by the state liquor ((control)) and
cannabis board to produce and sell marijuana at wholesale to marijuana
processors and other marijuana producers.
(x) "Marijuana-infused products" means products that contain marijuana or marijuana extracts, are intended for human use, and have a THC concentration greater than 0.3 percent and no greater than sixty percent. The term "marijuana-infused products" does not include either useable marijuana or marijuana concentrates.
(y) "Marijuana
retailer" means a person licensed by the state liquor ((control)) and
cannabis board to sell marijuana concentrates, useable marijuana,
and marijuana-infused products in a retail outlet.
(z) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(1) Opium, opium derivative, and any derivative of opium or opium derivative, including their salts, isomers, and salts of isomers, whenever the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation. The term does not include the isoquinoline alkaloids of opium.
(2) Synthetic opiate and any derivative of synthetic opiate, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation.
(3) Poppy straw and concentrate of poppy straw.
(4) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives or ecgonine or their salts have been removed.
(5) Cocaine, or any salt, isomer, or salt of isomer thereof.
(6) Cocaine base.
(7) Ecgonine, or any derivative, salt, isomer, or salt of isomer thereof.
(8) Any compound, mixture, or preparation containing any quantity of any substance referred to in subparagraphs (1) through (7).
(aa) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. The term includes opium, substances derived from opium (opium derivatives), and synthetic opiates. The term does not include, unless specifically designated as controlled under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). The term includes the racemic and levorotatory forms of dextromethorphan.
(bb) "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.
(cc) "Person" means individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(dd) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
(ee) "Practitioner" means:
(1) A physician under chapter 18.71 RCW; a physician assistant under chapter 18.71A RCW; an osteopathic physician and surgeon under chapter 18.57 RCW; an osteopathic physician assistant under chapter 18.57A RCW who is licensed under RCW 18.57A.020 subject to any limitations in RCW 18.57A.040; an optometrist licensed under chapter 18.53 RCW who is certified by the optometry board under RCW 18.53.010 subject to any limitations in RCW 18.53.010; a dentist under chapter 18.32 RCW; a podiatric physician and surgeon under chapter 18.22 RCW; a veterinarian under chapter 18.92 RCW; a registered nurse, advanced registered nurse practitioner, or licensed practical nurse under chapter 18.79 RCW; a naturopathic physician under chapter 18.36A RCW who is licensed under RCW 18.36A.030 subject to any limitations in RCW 18.36A.040; a pharmacist under chapter 18.64 RCW or a scientific investigator under this chapter, licensed, registered or otherwise permitted insofar as is consistent with those licensing laws to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of their professional practice or research in this state.
(2) A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.
(3) A physician licensed to practice medicine and surgery, a physician licensed to practice osteopathic medicine and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, a licensed physician assistant or a licensed osteopathic physician assistant specifically approved to prescribe controlled substances by his or her state's medical quality assurance commission or equivalent and his or her supervising physician, an advanced registered nurse practitioner licensed to prescribe controlled substances, or a veterinarian licensed to practice veterinary medicine in any state of the United States.
(ff) "Prescription" means an order for controlled substances issued by a practitioner duly authorized by law or rule in the state of Washington to prescribe controlled substances within the scope of his or her professional practice for a legitimate medical purpose.
(gg) "Production" includes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance.
(hh) "Retail outlet"
means a location licensed by the state liquor ((control)) and
cannabis board for the retail sale of marijuana concentrates,
useable marijuana, and marijuana-infused products.
(ii) "Secretary" means the secretary of health or the secretary's designee.
(jj) "State," unless the context otherwise requires, means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.
(kk) "THC concentration" means percent of delta-9 tetrahydrocannabinol content per dry weight of any part of the plant Cannabis, or per volume or weight of marijuana product, or the combined percent of delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant Cannabis regardless of moisture content.
(ll) "Ultimate user" means an individual who lawfully possesses a controlled substance for the individual's own use or for the use of a member of the individual's household or for administering to an animal owned by the individual or by a member of the individual's household.
(mm) "Useable marijuana" means dried marijuana flowers. The term "useable marijuana" does not include either marijuana-infused products or marijuana concentrates.
(nn) "Designated provider" has the meaning provided in RCW 69.51A.010.
(oo) "Qualifying patient" has the meaning provided in RCW 69.51A.010.
(pp) "CBD concentration" has the meaning provided in RCW 69.51A.010.
(qq) "Plant" has the meaning provided in RCW 69.51A.010.
(rr) "Recognition card" has the meaning provided in RCW 69.51A.010.
Sec. 5. RCW 69.50.325 and 2014 c 192 s 2 are each amended to read as follows:
(1) There shall be a marijuana
producer's license to produce marijuana for sale at wholesale to marijuana
processors and other marijuana producers, regulated by the state liquor ((control))
and cannabis board and subject to annual renewal. The production,
possession, delivery, distribution, and sale of marijuana in accordance with
the provisions of this chapter ((3, Laws of 2013)) and the rules
adopted to implement and enforce it, by a validly licensed marijuana producer,
shall not be a criminal or civil offense under Washington state law. Every
marijuana producer's license shall be issued in the name of the applicant,
shall specify the location at which the marijuana producer intends to operate,
which must be within the state of Washington, and the holder thereof shall not
allow any other person to use the license. The application fee for a marijuana
producer's license shall be two hundred fifty dollars. The annual fee for
issuance and renewal of a marijuana producer's license shall be one thousand
dollars. A separate license shall be required for each location at which a
marijuana producer intends to produce marijuana.
(2) There shall be a marijuana
processor's license to process, package, and label marijuana concentrates,
useable marijuana, and marijuana-infused products for sale at wholesale to
marijuana processors and marijuana retailers, regulated by the state liquor ((control))
and cannabis board and subject to annual renewal. The processing,
packaging, possession, delivery, distribution, and sale of marijuana, useable
marijuana, marijuana-infused products, and marijuana concentrates in accordance
with the provisions of this chapter ((3, Laws of 2013)) and
chapter 69.51A RCW and the rules adopted to implement and enforce ((it))
these chapters, by a validly licensed marijuana processor, shall not be
a criminal or civil offense under Washington state law. Every marijuana
processor's license shall be issued in the name of the applicant, shall specify
the location at which the licensee intends to operate, which must be within the
state of Washington, and the holder thereof shall not allow any other person to
use the license. The application fee for a marijuana processor's license shall
be two hundred fifty dollars. The annual fee for issuance and renewal of a
marijuana processor's license shall be one thousand dollars. A separate license
shall be required for each location at which a marijuana processor intends to
process marijuana.
(3) There shall be a marijuana
retailer's license to sell marijuana concentrates, useable marijuana, and
marijuana-infused products at retail in retail outlets, regulated by the state
liquor ((control)) and cannabis board and subject to annual
renewal. The possession, delivery, distribution, and sale of marijuana
concentrates, useable marijuana, and marijuana-infused products in accordance
with the provisions of this chapter ((3, Laws of 2013)) and the
rules adopted to implement and enforce it, by a validly licensed marijuana
retailer, shall not be a criminal or civil offense under Washington state law.
Every marijuana retailer's license shall be issued in the name of the
applicant, shall specify the location of the retail outlet the licensee intends
to operate, which must be within the state of Washington, and the holder
thereof shall not allow any other person to use the license. The application
fee for a marijuana retailer's license shall be two hundred fifty dollars. The
annual fee for issuance and renewal of a marijuana retailer's license shall be
one thousand dollars. A separate license shall be required for each location at
which a marijuana retailer intends to sell marijuana concentrates, useable
marijuana, and marijuana-infused products.
Sec. 6. RCW 69.50.331 and 2013 c 3 s 6 are each amended to read as follows:
(1) For the purpose of
considering any application for a license to produce, process, or sell
marijuana, or for the renewal of a license to produce, process, or sell
marijuana, the state liquor ((control)) and cannabis board must
conduct a comprehensive, fair, and impartial evaluation of the applications
timely received.
(a) The state liquor and cannabis board must develop a competitive, merit-based application process that includes, at a minimum, the opportunity for an applicant to demonstrate experience and qualifications in the marijuana industry. The state liquor and cannabis board shall give preference between competing applications in the licensing process to applicants that have the following experience and qualifications, in the following order of priority:
(i) First priority is given to applicants who:
(A) Applied to the state liquor and cannabis board for a marijuana retailer license prior to July 1, 2014;
(B) Operated or were employed by a collective garden before January 1, 2013;
(C) Have maintained a state business license and a municipal business license, as applicable in the relevant jurisdiction; and
(D) Have had a history of paying all applicable state taxes and fees;
(ii) Second priority shall be given to applicants who:
(A) Operated or were employed by a collective garden before January 1, 2013;
(B) Have maintained a state business license and a municipal business license, as applicable in the relevant jurisdiction; and
(C) Have had a history of paying all applicable state taxes and fees; and
(iii) Third priority shall be given to all other applicants who do not have the experience and qualifications identified in (a)(i) and (ii) of this subsection.
(b) The state liquor and
cannabis board may cause an inspection
of the premises to be made, and may inquire into all matters in connection with
the construction and operation of the premises. For the purpose of reviewing
any application for a license and for considering the denial, suspension,
revocation, or renewal or denial thereof, of any license, the state liquor ((control))
and cannabis board may consider any prior criminal conduct of the
applicant including an administrative violation history record with the state
liquor ((control)) and cannabis board and a criminal history
record information check. The state liquor ((control)) and cannabis
board may submit the criminal history record information check to the
Washington state patrol and to the identification division of the federal
bureau of investigation in order that these agencies may search their records
for prior arrests and convictions of the individual or individuals who filled
out the forms. The state liquor ((control)) and cannabis board
shall require fingerprinting of any applicant whose criminal history record
information check is submitted to the federal bureau of investigation. The
provisions of RCW 9.95.240 and of chapter 9.96A RCW shall not apply to these
cases. Subject to the provisions of this section, the state liquor ((control))
and cannabis board may, in its discretion, grant or deny the renewal or
license applied for. Denial may be based on, without limitation, the existence
of chronic illegal activity documented in objections submitted pursuant to
subsections (7)(c) and (9) of this section. Authority to approve an uncontested
or unopposed license may be granted by the state liquor ((control)) and
cannabis board to any staff member the board designates in writing.
Conditions for granting this authority shall be adopted by rule.
(c) No license of any kind may be issued to:
(((a))) (i) A
person under the age of twenty-one years;
(((b))) (ii) A
person doing business as a sole proprietor who has not lawfully resided in the
state for at least three months prior to applying to receive a license;
(((c))) (iii) A
partnership, employee cooperative, association, nonprofit corporation, or
corporation unless formed under the laws of this state, and unless all of the
members thereof are qualified to obtain a license as provided in this section;
or
(((d))) (iv) A
person whose place of business is conducted by a manager or agent, unless the
manager or agent possesses the same qualifications required of the licensee.
(2)(a) The state liquor ((control))
and cannabis board may, in its discretion, subject to the provisions of
RCW 69.50.334, suspend or cancel any license; and all protections of the
licensee from criminal or civil sanctions under state law for producing,
processing, or selling marijuana, useable marijuana, or marijuana-infused
products thereunder shall be suspended or terminated, as the case may be.
(b) The state liquor ((control))
and cannabis board shall immediately suspend the license of a person who
has been certified pursuant to RCW 74.20A.320 by the department of social and
health services as a person who is not in compliance with a support order. If
the person has continued to meet all other requirements for reinstatement
during the suspension, reissuance of the license shall be automatic upon the
state liquor ((control)) and cannabis board's receipt of a
release issued by the department of social and health services stating that the
licensee is in compliance with the order.
(c) The state liquor ((control))
and cannabis board may request the appointment of administrative law
judges under chapter 34.12 RCW who shall have power to administer oaths, issue
subpoenas for the attendance of witnesses and the production of papers, books,
accounts, documents, and testimony, examine witnesses, and to receive testimony
in any inquiry, investigation, hearing, or proceeding in any part of the state,
under rules and regulations the state liquor ((control)) and cannabis
board may adopt.
(d) Witnesses shall be allowed fees and mileage each way to and from any inquiry, investigation, hearing, or proceeding at the rate authorized by RCW 34.05.446. Fees need not be paid in advance of appearance of witnesses to testify or to produce books, records, or other legal evidence.
(e) In case of disobedience of
any person to comply with the order of the state liquor ((control)) and
cannabis board or a subpoena issued by the state liquor ((control)) and
cannabis board, or any of its members, or administrative law judges, or on
the refusal of a witness to testify to any matter regarding which he or she may
be lawfully interrogated, the judge of the superior court of the county in
which the person resides, on application of any member of the board or
administrative law judge, shall compel obedience by contempt proceedings, as in
the case of disobedience of the requirements of a subpoena issued from said
court or a refusal to testify therein.
(3) Upon receipt of notice of
the suspension or cancellation of a license, the licensee shall forthwith
deliver up the license to the state liquor ((control)) and cannabis
board. Where the license has been suspended only, the state liquor ((control))
and cannabis board shall return the license to the licensee at the
expiration or termination of the period of suspension. The state liquor ((control))
and cannabis board shall notify all other licensees in the county where
the subject licensee has its premises of the suspension or cancellation of the
license; and no other licensee or employee of another licensee may allow or
cause any marijuana, useable marijuana, or marijuana-infused products to be
delivered to or for any person at the premises of the subject licensee.
(4) Every license issued under
chapter 3, Laws of 2013 shall be subject to all conditions and restrictions
imposed by chapter 3, Laws of 2013 or by rules adopted by the state liquor ((control))
and cannabis board to implement and enforce chapter 3, Laws of 2013. All
conditions and restrictions imposed by the state liquor ((control)) and
cannabis board in the issuance of an individual license shall be listed on
the face of the individual license along with the trade name, address, and
expiration date.
(5) Every licensee shall post and keep posted its license, or licenses, in a conspicuous place on the premises.
(6) No licensee shall employ any person under the age of twenty-one years.
(7)(a) Before the state liquor
((control)) and cannabis board issues a new or renewed license to
an applicant it shall give notice of the application to the chief executive
officer of the incorporated city or town, if the application is for a license
within an incorporated city or town, or to the county legislative authority, if
the application is for a license outside the boundaries of incorporated cities
or towns.
(b) The incorporated city or
town through the official or employee selected by it, or the county legislative
authority or the official or employee selected by it, shall have the right to
file with the state liquor ((control)) and cannabis board within
twenty days after the date of transmittal of the notice for applications, or at
least thirty days prior to the expiration date for renewals, written objections
against the applicant or against the premises for which the new or renewed
license is asked. The state liquor ((control)) and cannabis board
may extend the time period for submitting written objections.
(c) The written objections
shall include a statement of all facts upon which the objections are based, and
in case written objections are filed, the city or town or county legislative
authority may request, and the state liquor ((control)) and cannabis
board may in its discretion hold, a hearing subject to the applicable
provisions of Title 34 RCW. If the state liquor ((control)) and
cannabis board makes an initial decision to deny a license or renewal based
on the written objections of an incorporated city or town or county legislative
authority, the applicant may request a hearing subject to the applicable
provisions of Title 34 RCW. If a hearing is held at the request of the
applicant, state liquor ((control)) and cannabis board
representatives shall present and defend the state liquor ((control)) and
cannabis board's initial decision to deny a license or renewal.
(d) Upon the granting of a
license under this title the state liquor ((control)) and cannabis
board shall send written notification to the chief executive officer of the
incorporated city or town in which the license is granted, or to the county
legislative authority if the license is granted outside the boundaries of
incorporated cities or towns.
(8) The state liquor ((control))
and cannabis board shall not issue a license for any premises within one
thousand feet of the perimeter of the grounds of any elementary or secondary
school, playground, recreation center or facility, child care center, public
park, public transit center, or library, or any game arcade admission to which
is not restricted to persons aged twenty-one years or older.
(9) In determining whether to
grant or deny a license or renewal of any license, the state liquor ((control))
and cannabis board shall give substantial weight to objections from an
incorporated city or town or county legislative authority based upon chronic
illegal activity associated with the applicant's operations of the premises
proposed to be licensed or the applicant's operation of any other licensed
premises, or the conduct of the applicant's patrons inside or outside the
licensed premises. "Chronic illegal activity" means (a) a pervasive
pattern of activity that threatens the public health, safety, and welfare of
the city, town, or county including, but not limited to, open container
violations, assaults, disturbances, disorderly conduct, or other criminal law
violations, or as documented in crime statistics, police reports, emergency
medical response data, calls for service, field data, or similar records of a
law enforcement agency for the city, town, county, or any other municipal
corporation or any state agency; or (b) an unreasonably high number of
citations for violations of RCW 46.61.502 associated with the applicant's or
licensee's operation of any licensed premises as indicated by the reported
statements given to law enforcement upon arrest.
Sec. 7. RCW 69.50.342 and 2013 c 3 s 9 are each amended to read as follows:
(1) For the purpose of carrying into effect the provisions
of chapter 3, Laws of 2013 according to their true intent or of supplying any
deficiency therein, the state liquor ((control)) and cannabis
board may adopt rules not inconsistent with the spirit of chapter 3, Laws of
2013 as are deemed necessary or advisable. Without limiting the generality of
the preceding sentence, the state liquor ((control)) and cannabis
board is empowered to adopt rules regarding the following:
(((1))) (a) The
equipment and management of retail outlets and premises where marijuana is
produced or processed, and inspection of the retail outlets and premises where
marijuana is produced or processed;
(((2))) (b) The
books and records to be created and maintained by licensees, the reports to be
made thereon to the state liquor ((control)) and cannabis board,
and inspection of the books and records;
(((3))) (c)
Methods of producing, processing, and packaging marijuana, useable marijuana, marijuana
concentrates, and marijuana-infused products; conditions of sanitation; safe
handling requirements; approved pesticides and pesticide testing requirements;
and standards of ingredients, quality, and identity of marijuana, useable
marijuana, marijuana concentrates, and marijuana-infused products produced,
processed, packaged, or sold by licensees;
(((4))) (d)
Security requirements for retail outlets and premises where marijuana is
produced or processed, and safety protocols for licensees and their employees;
(((5))) (e)
Screening, hiring, training, and supervising employees of licensees;
(((6))) (f)
Retail outlet locations and hours of operation;
(((7))) (g)
Labeling requirements and restrictions on advertisement of marijuana, useable
marijuana, marijuana concentrates, and marijuana-infused products for
sale in retail outlets;
(((8))) (h)
Forms to be used for purposes of this chapter ((3, Laws of 2013))
and chapter 69.51A RCW or the rules adopted to implement and enforce ((it))
these chapters, the terms and conditions to be contained in licenses
issued under this chapter ((3, Laws of 2013)) and chapter
69.51A RCW, and the qualifications for receiving a license issued under this
chapter ((3, Laws of 2013)) and chapter 69.51A RCW, including a
criminal history record information check. The state liquor ((control)) and
cannabis board may submit any criminal history record information check to
the Washington state patrol and to the identification division of the federal
bureau of investigation in order that these agencies may search their records
for prior arrests and convictions of the individual or individuals who filled
out the forms. The state liquor ((control)) and cannabis board
shall require fingerprinting of any applicant whose criminal history record
information check is submitted to the federal bureau of investigation;
(((9))) (i)
Application, reinstatement, and renewal fees for licenses issued under this
chapter ((3, Laws of 2013)) and chapter 69.51A RCW, and fees for
anything done or permitted to be done under the rules adopted to implement and
enforce this chapter ((3, Laws of 2013)) and chapter 69.51A
RCW;
(((10))) (j) The
manner of giving and serving notices required by this chapter ((3,
Laws of 2013)) and chapter 69.51A RCW or rules adopted to implement
or enforce ((it)) these chapters;
(((11))) (k)
Times and periods when, and the manner, methods, and means by which, licensees
shall transport and deliver marijuana, marijuana concentrates, useable
marijuana, and marijuana-infused products within the state;
(((12))) (l)
Identification, seizure, confiscation, destruction, or donation to law
enforcement for training purposes of all marijuana, marijuana concentrates,
useable marijuana, and marijuana-infused products produced, processed, sold, or
offered for sale within this state which do not conform in all respects to the
standards prescribed by this chapter ((3, Laws of 2013)) or
chapter 69.51A RCW or the rules adopted to implement and enforce ((it:
PROVIDED, That nothing in chapter 3, Laws of 2013 shall be construed as
authorizing the state liquor control board to seize, confiscate, destroy, or
donate to law enforcement marijuana, useable marijuana, or marijuana-infused
products produced, processed, sold, offered for sale, or possessed in compliance
with the Washington state medical use of cannabis act, chapter 69.51A RCW))
these chapters.
(2) Rules adopted on retail outlets holding medical marijuana endorsements must be adopted in coordination and consultation with the department.
Sec. 8. RCW 69.50.345 and 2013 c 3 s 10 are each amended to read as follows:
The state liquor ((control))
and cannabis board, subject to the provisions of this chapter ((3,
Laws of 2013)), must adopt rules ((by December 1, 2013,)) that
establish the procedures and criteria necessary to implement the following:
(1) Licensing of marijuana producers, marijuana processors, and marijuana retailers, including prescribing forms and establishing application, reinstatement, and renewal fees.
(a) Application forms for marijuana producers must request the applicant to state whether the applicant intends to produce marijuana for sale by marijuana retailers holding medical marijuana endorsements and the amount of or percentage of canopy the applicant intends to commit to growing plants determined by the department under section 10 of this act to be of a THC concentration, CBD concentration, or THC to CBD ratio appropriate for marijuana concentrates, useable marijuana, or marijuana-infused products sold to qualifying patients.
(b) The state liquor and cannabis board must reconsider and increase limits on the amount of square feet permitted to be in production on the effective date of this section and increase the percentage of production space for those marijuana producers who intend to grow plants for marijuana retailers holding medical marijuana endorsements if the marijuana producer designates the increased production space to plants determined by the department under section 10 of this act to be of a THC concentration, CBD concentration, or THC to CBD ratio appropriate for marijuana concentrates, useable marijuana, or marijuana-infused products to be sold to qualifying patients. If current marijuana producers do not use all the increased production space, the state liquor and cannabis board may reopen the license period for new marijuana producer license applicants but only to those marijuana producers who agree to grow plants for marijuana retailers holding medical marijuana endorsements. Priority in licensing must be given to marijuana producer license applicants who have an application pending on the effective date of this section but who are not yet licensed and then to new marijuana producer license applicants. After January 1, 2017, any reconsideration of the limits on the amount of square feet permitted to be in production to meet the medical needs of qualifying patients must consider information contained in the medical marijuana authorization database established in section 21 of this act;
(2) Determining, in consultation with the office of financial management, the maximum number of retail outlets that may be licensed in each county, taking into consideration:
(a) Population distribution;
(b) Security and safety
issues; ((and))
(c) The provision of adequate access to licensed sources of marijuana concentrates, useable marijuana, and marijuana-infused products to discourage purchases from the illegal market; and
(d) The number of retail outlets holding medical marijuana endorsements necessary to meet the medical needs of qualifying patients. The state liquor and cannabis board must reconsider and increase the maximum number of retail outlets it established before the effective date of this section and allow for a new license application period and a greater number of retail outlets to be permitted in order to accommodate the medical needs of qualifying patients and designated providers. After January 1, 2017, any reconsideration of the maximum number of retail outlets needed to meet the medical needs of qualifying patients must consider information contained in the medical marijuana authorization database established in section 21 of this act;
(3) Determining the maximum quantity of marijuana a marijuana producer may have on the premises of a licensed location at any time without violating Washington state law;
(4) Determining the maximum quantities of marijuana, marijuana concentrates, useable marijuana, and marijuana-infused products a marijuana processor may have on the premises of a licensed location at any time without violating Washington state law;
(5) Determining the maximum quantities of marijuana concentrates, useable marijuana, and marijuana-infused products a marijuana retailer may have on the premises of a retail outlet at any time without violating Washington state law;
(6) In making the
determinations required by ((subsections (3) through (5) of)) this
section, the state liquor ((control)) and cannabis board shall
take into consideration:
(a) Security and safety issues;
(b) The provision of adequate access to licensed sources of marijuana, marijuana concentrates, useable marijuana, and marijuana-infused products to discourage purchases from the illegal market; and
(c) Economies of scale, and their impact on licensees' ability to both comply with regulatory requirements and undercut illegal market prices;
(7) Determining the nature, form, and capacity of all containers to be used by licensees to contain marijuana, marijuana concentrates, useable marijuana, and marijuana-infused products, and their labeling requirements, to include but not be limited to:
(a) The business or trade name
and Washington state unified business identifier number of the licensees that
((grew,)) processed((,)) and sold the marijuana, marijuana
concentrates, useable marijuana, or marijuana-infused product;
(b) Lot numbers of the marijuana, marijuana concentrates, useable marijuana, or marijuana-infused product;
(c) THC concentration and CBD concentration of the marijuana, marijuana concentrates, useable marijuana, or marijuana-infused product;
(d) Medically and scientifically accurate information about the health and safety risks posed by marijuana use; and
(e) Language required by RCW 69.04.480;
(8) In consultation with the
department of agriculture and the department, establishing classes of
marijuana, marijuana concentrates, useable marijuana, and
marijuana-infused products according to grade, condition, cannabinoid profile,
THC concentration, CBD concentration, or other qualitative measurements
deemed appropriate by the state liquor ((control)) and cannabis
board;
(9) Establishing reasonable
time, place, and manner restrictions and requirements regarding advertising of
marijuana, marijuana concentrates, useable marijuana, and
marijuana-infused products that are not inconsistent with the provisions of this
chapter ((3, Laws of 2013)), taking into consideration:
(a) Federal laws relating to marijuana that are applicable within Washington state;
(b) Minimizing exposure of
people under twenty-one years of age to the advertising; ((and))
(c) The inclusion of medically and scientifically accurate information about the health and safety risks posed by marijuana use in the advertising; and
(d) Ensuring that retail outlets with medical marijuana endorsements may advertise themselves as medical retail outlets;
(10) Specifying and regulating the time and periods when, and the manner, methods, and means by which, licensees shall transport and deliver marijuana, marijuana concentrates, useable marijuana, and marijuana-infused products within the state;
(11) In consultation with the
department and the department of agriculture, establishing accreditation
requirements for testing laboratories used by licensees to demonstrate
compliance with standards adopted by the state liquor ((control)) and
cannabis board, and prescribing methods of producing, processing, and
packaging marijuana, marijuana concentrates, useable marijuana, and
marijuana-infused products; conditions of sanitation; and standards of
ingredients, quality, and identity of marijuana, marijuana concentrates,
useable marijuana, and marijuana-infused products produced, processed,
packaged, or sold by licensees;
(12) Specifying procedures for
identifying, seizing, confiscating, destroying, and donating to law enforcement
for training purposes all marijuana, marijuana concentrates, useable
marijuana, and marijuana-infused products produced, processed, packaged,
labeled, or offered for sale in this state that do not conform in all respects
to the standards prescribed by this chapter ((3, Laws of 2013))
or the rules of the state liquor ((control)) and cannabis board.
Sec. 9. RCW 69.50.354 and 2014 c 192 s 3 are each amended to read as follows:
There may be licensed, in no
greater number in each of the counties of the state than as the state liquor ((control))
and cannabis board shall deem advisable, retail outlets established for
the purpose of making marijuana concentrates, useable marijuana, and
marijuana-infused products available for sale to adults aged twenty-one and
over. Retail sale of marijuana concentrates, useable marijuana, and
marijuana-infused products in accordance with the provisions of this
chapter ((3, Laws of 2013)) and the rules adopted to implement and
enforce it, by a validly licensed marijuana retailer or retail outlet employee,
shall not be a criminal or civil offense under Washington state law.
NEW SECTION. Sec. 10. A new section is added to chapter 69.50 RCW to read as follows:
(1) A medical marijuana endorsement to a marijuana retail license is hereby established to permit a marijuana retailer to sell marijuana for medical use to qualifying patients and designated providers. This endorsement also permits such retailers to provide marijuana at no charge, at their discretion, to qualifying patients and designated providers.
(2) An applicant may apply for a medical marijuana endorsement concurrently with an application for a marijuana retail license.
(3) To be issued an endorsement, a marijuana retailer must:
(a) Not authorize the medical use of marijuana for qualifying patients at the retail outlet or permit health care professionals to authorize the medical use of marijuana for qualifying patients at the retail outlet;
(b) Carry marijuana concentrates and marijuana-infused products identified by the department under subsection (4) of this section;
(c) Not use labels or market marijuana concentrates, useable marijuana, or marijuana-infused products in a way that make them intentionally attractive to minors;
(d) Demonstrate the ability to enter qualifying patients and designated providers in the medical marijuana authorization database established in section 21 of this act and issue recognition cards and agree to enter qualifying patients and designated providers into the database and issue recognition cards in compliance with department standards;
(e) Keep copies of the qualifying patient's or designated provider's recognition card, or keep equivalent records as required by rule of the state liquor and cannabis board or the department of revenue to document the validity of tax exempt sales; and
(f) Meet other requirements as adopted by rule of the department or the state liquor and cannabis board.
(4) The department, in conjunction with the state liquor and cannabis board, must adopt rules on requirements for marijuana concentrates, useable marijuana, and marijuana-infused products that may be sold, or provided at no charge, to qualifying patients or designated providers at a retail outlet holding a medical marijuana endorsement. These rules must include:
(a) THC concentration, CBD concentration, or low THC, high CBD ratios appropriate for marijuana concentrates, useable marijuana, or marijuana-infused products sold to qualifying patients or designated providers;
(b) Labeling requirements including that the labels attached to marijuana concentrates, useable marijuana, or marijuana-infused products contain THC concentration, CBD concentration, and THC to CBD ratios;
(c) Other product requirements, including any additional mold, fungus, or pesticide testing requirements, or limitations to the types of solvents that may be used in marijuana processing that the department deems necessary to address the medical needs of qualifying patients;
(d) Safe handling requirements for marijuana concentrates, useable marijuana, or marijuana-infused products; and
(e) Training requirements for employees.
(5) A marijuana retailer holding an endorsement to sell marijuana to qualifying patients or designated providers must train its employees on:
(a) Procedures regarding the recognition of valid authorizations and the use of equipment to enter qualifying patients and designated providers into the medical marijuana authorization database;
(b) Recognition of valid recognition cards; and
(c) Recognition of strains, varieties, THC concentration, CBD concentration, and THC to CBD ratios of marijuana concentrates, useable marijuana, and marijuana-infused products, available for sale when assisting qualifying patients and designated providers at the retail outlet.
NEW SECTION. Sec. 11. A new section is added to chapter 69.50 RCW to read as follows:
A marijuana retailer or a marijuana retailer holding a medical marijuana endorsement may sell products with a THC concentration of 0.3 percent or less. Marijuana retailers holding a medical marijuana endorsement may also provide these products at no charge to qualifying patients or designated providers.
Sec. 12. RCW 69.50.357 and 2014 c 192 s 4 are each amended to read as follows:
(1) Retail outlets shall sell no products or services other than marijuana concentrates, useable marijuana, marijuana-infused products, or paraphernalia intended for the storage or use of marijuana concentrates, useable marijuana, or marijuana-infused products.
(2) Licensed marijuana retailers shall not employ persons under twenty-one years of age or allow persons under twenty-one years of age to enter or remain on the premises of a retail outlet. However, qualifying patients between eighteen and twenty-one years of age with a recognition card may enter and remain on the premises of a retail outlet holding a medical marijuana endorsement and may purchase products for their personal medical use. Qualifying patients who are under the age of eighteen with a recognition card and who accompany their designated providers may enter and remain on the premises of a retail outlet holding a medical marijuana endorsement, but may not purchase products for their personal medical use.
(3)(a) Licensed marijuana retailers must ensure that all employees are trained on the rules adopted to implement this chapter, identification of persons under the age of twenty-one, and other requirements adopted by the state liquor and cannabis board to ensure that persons under the age of twenty-one are not permitted to enter or remain on the premises of a retail outlet.
(b) Licensed marijuana retailers with a medical marijuana endorsement must ensure that all employees are trained on the subjects required by (a) of this subsection as well as identification of authorizations and recognition cards. Employees must also be trained to permit qualifying patients who hold recognition cards and are between the ages of eighteen and twenty-one to enter the premises and purchase marijuana for their personal medical use and to permit qualifying patients who are under the age of eighteen with a recognition card to enter the premises if accompanied by their designated providers.
(4) Licensed marijuana retailers shall not display any signage in a window, on a door, or on the outside of the premises of a retail outlet that is visible to the general public from a public right-of-way, other than a single sign no larger than one thousand six hundred square inches identifying the retail outlet by the licensee's business or trade name. Retail outlets that hold medical marijuana endorsements may include this information on signage.
(((4))) (5)
Licensed marijuana retailers shall not display marijuana concentrates,
useable marijuana, or marijuana-infused products in a manner that is
visible to the general public from a public right-of-way.
(((5))) (6) No
licensed marijuana retailer or employee of a retail outlet shall open or
consume, or allow to be opened or consumed, any marijuana concentrates, useable
marijuana, or marijuana-infused product on the outlet premises.
(((6))) (7) The
state liquor ((control)) and cannabis board shall fine a licensee
one thousand dollars for each violation of any subsection of this section.
Fines collected under this section must be deposited into the dedicated
marijuana fund created under RCW 69.50.530.
Sec. 13. RCW 69.50.360 and 2014 c 192 s 5 are each amended to read as follows:
The following acts, when
performed by a validly licensed marijuana retailer or employee of a validly
licensed retail outlet in compliance with rules adopted by the state liquor ((control))
and cannabis board to implement and enforce chapter 3, Laws of 2013,
shall not constitute criminal or civil offenses under Washington state law:
(1) Purchase and receipt of
marijuana concentrates, useable marijuana, or marijuana-infused products that
have been properly packaged and labeled from a marijuana processor validly
licensed under this chapter ((3, Laws of 2013));
(2) Possession of quantities
of marijuana concentrates, useable marijuana, or marijuana-infused products
that do not exceed the maximum amounts established by the state liquor ((control))
and cannabis board under RCW 69.50.345(5); and
(3) Delivery, distribution, and sale, on the premises of the retail outlet, of any combination of the following amounts of marijuana concentrates, useable marijuana, or marijuana-infused product to any person twenty-one years of age or older:
(a) One ounce of useable marijuana;
(b) Sixteen ounces of marijuana-infused product in solid form;
(c) Seventy-two ounces of marijuana-infused product in liquid form; or
(d) Seven grams of marijuana concentrate.
Sec. 14. RCW 69.50.4013 and 2013 c 3 s 20 are each amended to read as follows:
(1) It is unlawful for any person to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter.
(2) Except as provided in RCW 69.50.4014, any person who violates this section is guilty of a class C felony punishable under chapter 9A.20 RCW.
(3) The possession, by a person twenty-one years of age or older, of useable marijuana or marijuana-infused products in amounts that do not exceed those set forth in RCW 69.50.360(3) is not a violation of this section, this chapter, or any other provision of Washington state law.
(4) No person under twenty-one years of age may possess, manufacture, sell, or distribute marijuana, marijuana-infused products, or marijuana concentrates, regardless of THC concentration. This does not include qualifying patients with a valid authorization.
(5) The possession by a qualifying patient or designated provider of marijuana concentrates, useable marijuana, marijuana-infused products, or plants in accordance with chapter 69.51A RCW is not a violation of this section, this chapter, or any other provision of Washington state law.
NEW SECTION. Sec. 15. A new section is added to chapter 69.50 RCW to read as follows:
(1) Nothing in this chapter permits anyone other than a validly licensed marijuana processor to use butane or other explosive gases to extract or separate resin from marijuana or to produce or process any form of marijuana concentrates or marijuana-infused products that include marijuana concentrates not purchased from a validly licensed marijuana retailer as an ingredient. The extraction or separation of resin from marijuana, the processing of marijuana concentrates, and the processing of marijuana-infused products that include marijuana concentrates not purchased from a validly licensed marijuana retailer as an ingredient by any person other than a validly licensed marijuana processor each constitute manufacture of marijuana in violation of RCW 69.50.401. Cooking oil, butter, and other nonexplosive home cooking substances may be used to make marijuana extracts for noncommercial personal use.
(2) Except for the use of butane, the state liquor and cannabis board may not enforce this section until it has adopted the rules required by section 28 of this act.
Sec. 16. RCW 69.51A.005 and 2011 c 181 s 102 are each amended to read as follows:
(1) The legislature finds that:
(a) There is medical evidence
that some patients with terminal or debilitating medical conditions may, under
their health care professional's care, benefit from the medical use of ((cannabis))
marijuana. Some of the conditions for which ((cannabis)) marijuana
appears to be beneficial include, but are not limited to:
(i) Nausea, vomiting, and cachexia associated with cancer, HIV-positive status, AIDS, hepatitis C, anorexia, and their treatments;
(ii) Severe muscle spasms associated with multiple sclerosis, epilepsy, and other seizure and spasticity disorders;
(iii) Acute or chronic glaucoma;
(iv) Crohn's disease; and
(v) Some forms of intractable pain.
(b) Humanitarian compassion
necessitates that the decision to use ((cannabis)) marijuana by
patients with terminal or debilitating medical conditions is a personal,
individual decision, based upon their health care professional's professional
medical judgment and discretion.
(2) Therefore, the legislature intends that, so long as such activities are in strict compliance with this chapter:
(a) Qualifying patients with
terminal or debilitating medical conditions who, in the judgment of their
health care professionals, may benefit from the medical use of ((cannabis))
marijuana, shall not be arrested, prosecuted, or subject to other
criminal sanctions or civil consequences under state law based solely on their
medical use of ((cannabis)) marijuana, notwithstanding any other
provision of law;
(b) Persons who act as
designated providers to such patients shall also not be arrested, prosecuted,
or subject to other criminal sanctions or civil consequences under state law,
notwithstanding any other provision of law, based solely on their assisting
with the medical use of ((cannabis)) marijuana; and
(c) Health care professionals
shall also not be arrested, prosecuted, or subject to other criminal sanctions
or civil consequences under state law for the proper authorization of medical
use of ((cannabis)) marijuana by qualifying patients for whom, in
the health care professional's professional judgment, the medical use of ((cannabis))
marijuana may prove beneficial.
(3) Nothing in this chapter
establishes the medical necessity or medical appropriateness of ((cannabis))
marijuana for treating terminal or debilitating medical conditions as
defined in RCW 69.51A.010.
(4) Nothing in this chapter
diminishes the authority of correctional agencies and departments, including
local governments or jails, to establish a procedure for determining when the
use of ((cannabis)) marijuana would impact community safety or
the effective supervision of those on active supervision for a criminal
conviction, nor does it create the right to any accommodation of any medical
use of ((cannabis)) marijuana in any correctional facility or
jail.
Sec. 17. RCW 69.51A.010 and 2010 c 284 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) "Designated
provider" means a person who((:
(a))) is ((eighteen)) twenty-one
years of age or older((;
(b))) and:
(a)(i) Is the parent or guardian of a qualifying patient who is under the age of eighteen and beginning July 1, 2016, holds a recognition card; or
(ii) Has been designated in writing by a qualifying
patient to serve as ((a)) the designated provider ((under this
chapter)) for that patient;
(b)(i) Has an authorization from the qualifying patient's health care professional; or
(ii) Beginning July 1, 2016:
(A) Has been entered into the medical marijuana authorization database as being the designated provider to a qualifying patient; and
(B) Has been provided a recognition card;
(c) Is prohibited from
consuming marijuana obtained for the personal, medical use of the qualifying
patient for whom the individual is acting as designated provider; ((and))
(d) Provides marijuana to only the qualifying patient that has designated him or her;
(e) Is in compliance with the terms and conditions of this chapter; and
(f) Is the designated provider to only one patient at any one time.
(2) "Health care professional," for purposes of this chapter only, means a physician licensed under chapter 18.71 RCW, a physician assistant licensed under chapter 18.71A RCW, an osteopathic physician licensed under chapter 18.57 RCW, an osteopathic physicians' assistant licensed under chapter 18.57A RCW, a naturopath licensed under chapter 18.36A RCW, or an advanced registered nurse practitioner licensed under chapter 18.79 RCW.
(3) "Medical use of
marijuana" means the manufacture, production, possession, transportation,
delivery, ingestion, application, or administration of marijuana((, as
defined in RCW 69.50.101(q),)) for the exclusive benefit of a qualifying
patient in the treatment of his or her terminal or debilitating ((illness))
medical condition.
(4) "Qualifying patient" means a person who:
(a)(i) Is a patient of a health care professional;
(((b))) (ii) Has
been diagnosed by that health care professional as having a terminal or
debilitating medical condition;
(((c))) (iii) Is
a resident of the state of Washington at the time of such diagnosis;
(((d))) (iv) Has
been advised by that health care professional about the risks and benefits of
the medical use of marijuana; ((and
(e))) (v) Has been advised by that health care professional
that they may benefit from the medical use of marijuana;
(vi)(A) Has an authorization from his or her health care professional; or
(B) Beginning July 1, 2016, has been entered into the medical marijuana authorization database and has been provided a recognition card; and
(vii) Is otherwise in compliance with the terms and conditions established in this chapter.
(b) "Qualifying patient" does not include a person who is actively being supervised for a criminal conviction by a corrections agency or department that has determined that the terms of this chapter are inconsistent with and contrary to his or her supervision and all related processes and procedures related to that supervision.
(5) "Tamper-resistant paper" means paper that meets one or more of the following industry-recognized features:
(a) One or more features designed to prevent copying of the paper;
(b) One or more features designed to prevent the erasure or modification of information on the paper; or
(c) One or more features
designed to prevent the use of counterfeit ((valid documentation)) authorization.
(6) "Terminal or debilitating medical condition" means a condition severe enough to significantly interfere with the patient's activities of daily living and ability to function, which can be objectively assessed and evaluated and limited to the following:
(a) Cancer, human
immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure
disorder, or spasticity disorders; ((or))
(b) Intractable pain, limited
for the purpose of this chapter to mean pain unrelieved by standard medical
treatments and medications; ((or))
(c) Glaucoma, either acute or
chronic, limited for the purpose of this chapter to mean increased intraocular
pressure unrelieved by standard treatments and medications; ((or))
(d) Crohn's disease with
debilitating symptoms unrelieved by standard treatments or medications; ((or))
(e) Hepatitis C with
debilitating nausea or intractable pain unrelieved by standard treatments or
medications; ((or))
(f) Diseases, including
anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping,
seizures, muscle spasms, or spasticity, when these symptoms are unrelieved by
standard treatments or medications; ((or))
(g) ((Any other medical
condition duly approved by the Washington state medical quality assurance
commission in consultation with the board of osteopathic medicine and surgery
as directed in this chapter)) Posttraumatic stress disorder; or
(h) Traumatic brain injury.
(7) (("Valid
documentation")) (a) Until July 1, 2016, "authorization"
means:
(((a))) (i) A
statement signed and dated by a qualifying patient's health care professional
written on tamper-resistant paper, which states that, in the health care
professional's professional opinion, the patient may benefit from the medical
use of marijuana; and
(((b))) (ii)
Proof of identity such as a Washington state driver's license or identicard, as
defined in RCW 46.20.035.
(b) Beginning July 1, 2016, "authorization" means a form developed by the department that is completed and signed by a qualifying patient's health care professional and printed on tamper-resistant paper.
(c) An authorization is not a prescription as defined in RCW 69.50.101.
(8) "Recognition card" means a card issued to qualifying patients and designated providers by a marijuana retailer with a medical marijuana endorsement that has entered them into the medical marijuana authorization database.
(9) "CBD concentration" means the percent of cannabidiol content per dry weight of any part of the plant Cannabis, or per volume or weight of marijuana product.
(10) "Department" means the department of health.
(11) "Marijuana" has the meaning provided in RCW 69.50.101.
(12) "Marijuana concentrates" has the meaning provided in RCW 69.50.101.
(13) "Marijuana processor" has the meaning provided in RCW 69.50.101.
(14) "Marijuana producer" has the meaning provided in RCW 69.50.101.
(15) "Marijuana retailer" has the meaning provided in RCW 69.50.101.
(16) "Marijuana retailer with a medical marijuana endorsement" means a marijuana retailer that has been issued a medical marijuana endorsement by the state liquor and cannabis board pursuant to section 10 of this act.
(17) "Marijuana-infused products" has the meaning provided in RCW 69.50.101.
(18) "Medical marijuana authorization database" means the secure and confidential database established in section 21 of this act.
(19) "Plant" means a marijuana plant having at least three distinguishable and distinct leaves, each leaf being at least three centimeters in diameter, and a readily observable root formation consisting of at least two separate and distinct roots, each being at least two centimeters in length. Multiple stalks emanating from the same root ball or root system is considered part of the same single plant.
(20) "Retail outlet" has the meaning provided in RCW 69.50.101.
(21) "Secretary" means the secretary of the department of health.
(22) "THC concentration" has the meaning provided in RCW 69.50.101.
(23) "Useable marijuana" has the meaning provided in RCW 69.50.101.
(24) "Low THC, high CBD" means products determined by the department to have a low THC, high CBD ratio under section 10 of this act. Low THC, high CBD products must be inhalable, ingestible, or absorbable.
(25) "Public place" has the meaning provided in RCW 70.160.020.
(26) "Housing unit" means a house, an apartment, a mobile home, a group of rooms, or a single room that is occupied as separate living quarters, in which the occupants live and eat separately from any other persons in the building, and which have direct access from the outside of the building or through a common hall.
Sec. 18. RCW 69.51A.030 and 2011 c 181 s 301 are each amended to read as follows:
(1) The following acts do not constitute crimes under state law or unprofessional conduct under chapter 18.130 RCW, and a health care professional may not be arrested, searched, prosecuted, disciplined, or subject to other criminal sanctions or civil consequences or liability under state law, or have real or personal property searched, seized, or forfeited pursuant to state law, notwithstanding any other provision of law as long as the health care professional complies with subsection (2) of this section:
(a) Advising a patient about
the risks and benefits of medical use of ((cannabis)) marijuana
or that the patient may benefit from the medical use of ((cannabis)) marijuana;
or
(b) Providing a patient or
designated provider meeting the criteria established under RCW 69.51A.010(((26)))
with ((valid documentation)) an authorization, based upon the
health care professional's assessment of the patient's medical history and
current medical condition, ((where such use is)) if the health care
professional has complied with this chapter and he or she determines within
a professional standard of care or in the individual health care professional's
medical judgment the qualifying patient may benefit from the medical use of
marijuana.
(2)(a) A health care
professional may ((only)) provide a qualifying patient or that
patient's designated provider with ((valid documentation authorizing))
an authorization for the medical use of ((cannabis or register the
patient with the registry established in section 901 of this act if he or she
has a newly initiated or existing documented relationship with the patient, as
a primary care provider or a specialist, relating to the diagnosis and ongoing
treatment or monitoring of the patient's terminal or debilitating medical
condition, and only after:
(i) Completing a)) marijuana in accordance with this section.
(b) In order to authorize for the medical use of marijuana under (a) of this subsection, the health care professional must:
(i) Have a documented relationship with the patient, as a principal care provider or a specialist, relating to the diagnosis and ongoing treatment or monitoring of the patient's terminal or debilitating medical condition;
(ii) Complete an in-person physical examination of the patient ((as
appropriate, based on the patient's condition and age));
(((ii) Documenting)) (iii)
Document the terminal or debilitating medical condition of the patient in
the patient's medical record and that the patient may benefit from treatment of
this condition or its symptoms with medical use of ((cannabis)) marijuana;
(((iii) Informing)) (iv)
Inform the patient of other options for treating the terminal or
debilitating medical condition and documenting in the patient's medical
record that the patient has received this information; ((and
(iv) Documenting)) (v) Document in the patient's medical record
other measures attempted to treat the terminal or debilitating medical
condition that do not involve the medical use of ((cannabis)) marijuana;
and
(vi) Complete an authorization on forms developed by the department, in accordance with subsection (3) of this section.
(((b))) (c) For a
qualifying patient eighteen years of age or older, an authorization expires one
year after its issuance. For a qualifying patient less than eighteen years of
age, an authorization expires six months after its issuance. An authorization
may be renewed upon completion of an in-person physical examination and
compliance with the other requirements of (b) of this subsection.
(d) A health care professional shall not:
(i) Accept, solicit, or offer
any form of pecuniary remuneration from or to a ((licensed dispenser,
licensed producer, or licensed processor of cannabis products)) marijuana
retailer, marijuana processor, or marijuana producer;
(ii) Offer a discount or any
other thing of value to a qualifying patient who is a customer of, or agrees to
be a customer of, a particular ((licensed dispenser, licensed producer, or
licensed processor of cannabis products)) marijuana retailer;
(iii) Examine or offer to
examine a patient for purposes of diagnosing a terminal or debilitating medical
condition at a location where ((cannabis)) marijuana is produced,
processed, or ((dispensed)) sold;
(iv) Have a business or
practice which consists ((solely)) primarily of authorizing the
medical use of ((cannabis)) marijuana or authorize the medical use of
marijuana at any location other than his or her practice's permanent physical
location;
(v) ((Include any statement
or reference, visual or otherwise, on the medical use of cannabis in any
advertisement for his or her business or practice)) Except as provided
in section 35 of this act, sell, or provide at no charge, marijuana
concentrates, marijuana-infused products, or useable marijuana to a qualifying
patient or designated provider; or
(vi) Hold an economic interest
in an enterprise that produces, processes, or ((dispenses cannabis)) sells
marijuana if the health care professional authorizes the medical use of ((cannabis))
marijuana.
(3) ((A violation of any
provision of subsection (2) of this section constitutes unprofessional conduct
under chapter 18.130 RCW.)) The department shall develop the form for
the health care professional to use as an authorization for qualifying patients
and designated providers. The form shall include the qualifying patient's or
designated provider's name, address, and date of birth; the health care
professional's name, address, and license number; the amount of marijuana
recommended for the qualifying patient; a telephone number where the
authorization can be verified during normal business hours; the dates of
issuance and expiration; and a statement that an authorization does not provide
protection from arrest unless the qualifying patient or designated provider is
also entered in the medical marijuana authorization database and holds a
recognition card.
(4) Until July 1, 2016, a health care professional who, within a single calendar month, authorizes the medical use of marijuana to more than thirty patients must report the number of authorizations issued.
(5) The appropriate health professions disciplining authority may inspect or request patient records to confirm compliance with this section. The health care professional must provide access to or produce documents, records, or other items that are within his or her possession or control within twenty-one calendar days of service of a request by the health professions disciplining authority. If the twenty-one calendar day limit results in a hardship upon the health care professional, he or she may request, for good cause, an extension not to exceed thirty additional calendar days. Failure to produce the documents, records, or other items shall result in citations and fines issued consistent with RCW 18.130.230. Failure to otherwise comply with the requirements of this section shall be considered unprofessional conduct and subject to sanctions under chapter 18.130 RCW.
(6) After a health care professional authorizes a qualifying patient for the medical use of marijuana, he or she may discuss with the qualifying patient how to use marijuana and the types of products the qualifying patient should seek from a retail outlet.
NEW SECTION. Sec. 19. A new section is added to chapter 69.51A RCW to read as follows:
As part of authorizing a qualifying patient or designated provider, the health care professional may include recommendations on the amount of marijuana that is likely needed by the qualifying patient for his or her medical needs and in accordance with this section.
(1) If the health care professional does not include recommendations on the qualifying patient's or designated provider's authorization, the marijuana retailer with a medical marijuana endorsement, when adding the qualifying patient or designated provider to the medical marijuana authorization database, shall enter into the database that the qualifying patient or designated provider may purchase or obtain at a retail outlet holding a medical marijuana endorsement a combination of the following: Forty-eight ounces of marijuana-infused product in solid form; three ounces of useable marijuana; two hundred sixteen ounces of marijuana-infused product in liquid form; or twenty-one grams of marijuana concentrates. The qualifying patient or designated provider may also grow, in his or her domicile, up to six plants for the personal medical use of the qualifying patient and possess up to eight ounces of useable marijuana produced from his or her plants. These amounts shall be specified on the recognition card that is issued to the qualifying patient or designated provider.
(2) If the health care professional determines that the medical needs of a qualifying patient exceed the amounts provided for in subsection (1) of this section, the health care professional must specify on the authorization that it is recommended that the patient be allowed to grow, in his or her domicile, up to fifteen plants for the personal medical use of the patient. A patient so authorized may possess up to sixteen ounces of useable marijuana in his or her domicile. The number of plants must be entered into the medical marijuana authorization database by the marijuana retailer with a medical marijuana endorsement and specified on the recognition card that is issued to the qualifying patient or designated provider.
(3) If a qualifying patient or designated provider with an authorization from a health care professional has not been entered into the medical marijuana authorization database, he or she may not receive a recognition card and may only purchase at a retail outlet, whether it holds a medical marijuana endorsement or not, the amounts established in RCW 69.50.360. In addition the qualifying patient or the designated provider may grow, in his or her domicile, up to four plants for the personal medical use of the qualifying patient and possess up to six ounces of useable marijuana in his or her domicile.
NEW SECTION. Sec. 20. A new section is added to chapter 69.51A RCW to read as follows:
(1) Health care professionals may authorize the medical use of marijuana for qualifying patients who are under the age of eighteen if:
(a) The minor's parent or guardian participates in the minor's treatment and agrees to the medical use of marijuana by the minor; and
(b) The parent or guardian acts as the designated provider for the minor and has sole control over the minor's marijuana.
(2) The minor may not grow plants or purchase marijuana-infused products, useable marijuana, or marijuana concentrates from a marijuana retailer with a medical marijuana endorsement.
(3) Both the minor and the minor's parent or guardian who is acting as the designated provider must be entered in the medical marijuana authorization database and hold a recognition card.
(4) A health care professional who authorizes the medical use of marijuana by a minor must do so as part of the course of treatment of the minor's terminal or debilitating medical condition. If authorizing a minor for the medical use of marijuana, the health care professional must:
(a) Consult with other health care providers involved in the minor's treatment, as medically indicated, before authorization or reauthorization of the medical use of marijuana; and
(b) Reexamine the minor at least once every six months or more frequently as medically indicated. The reexamination must:
(i) Determine that the minor continues to have a terminal or debilitating medical condition and that the condition benefits from the medical use of marijuana; and
(ii) Include a follow-up discussion with the minor's parent or guardian to ensure the parent or guardian continues to participate in the treatment of the minor.
NEW SECTION. Sec. 21. A new section is added to chapter 69.51A RCW to read as follows:
(1) The department must contract with an entity to create, administer, and maintain a secure and confidential medical marijuana authorization database that, beginning July 1, 2016, allows:
(a) A marijuana retailer with a medical marijuana endorsement to add a qualifying patient or designated provider and include the amount of marijuana concentrates, useable marijuana, marijuana-infused products, or plants for which the qualifying patient is authorized under section 19 of this act;
(b) Persons authorized to prescribe or dispense controlled substances to access health care information on their patients for the purpose of providing medical or pharmaceutical care for their patients;
(c) A qualifying patient or designated provider to request and receive his or her own health care information or information on any person or entity that has queried their name or information;
(d) Appropriate local, state, tribal, and federal law enforcement or prosecutorial officials who are engaged in a bona fide specific investigation of suspected marijuana-related activity that may be illegal under Washington state law to confirm the validity of the recognition card of a qualifying patient or designated provider;
(e) A marijuana retailer holding a medical marijuana endorsement to confirm the validity of the recognition card of a qualifying patient or designated provider;
(f) The department of revenue to verify tax exemptions under chapters 82.08 and 82.12 RCW;
(g) The department and the health care professional's disciplining authorities to monitor authorizations and ensure compliance with this chapter and chapter 18.130 RCW by their licensees; and
(h) Authorizations to expire six months or one year after entry into the medical marijuana authorization database, depending on whether the authorization is for a minor or an adult.
(2) A qualifying patient and his or her designated provider, if any, may be placed in the medical marijuana authorization database at a marijuana retailer with a medical marijuana endorsement. After a qualifying patient or designated provider is placed in the medical marijuana authorization database, he or she must be provided with a recognition card that contains identifiers required in subsection (3) of this section.
(3) The recognition card requirements must be developed by the department in rule and include:
(a) A randomly generated and unique identifying number;
(b) For designated providers, the unique identifying number of the qualifying patient whom the provider is assisting;
(c) A photograph of the qualifying patient's or designated provider's face taken by an employee of the marijuana retailer with a medical marijuana endorsement at the same time that the qualifying patient or designated provider is being placed in the medical marijuana authorization database in accordance with rules adopted by the department;
(d) The amount of marijuana concentrates, useable marijuana, marijuana-infused products, or plants for which the qualifying patient is authorized under section 19 of this act;
(e) The effective date and expiration date of the recognition card;
(f) The name of the health care professional who authorized the qualifying patient or designated provider; and
(g) For the recognition card, additional security features as necessary to ensure its validity.
(4) For qualifying patients who are eighteen years of age or older and their designated providers, recognition cards are valid for one year from the date the health care professional issued the authorization. For qualifying patients who are under the age of eighteen and their designated providers, recognition cards are valid for six months from the date the health care professional issued the authorization. Qualifying patients may not be reentered into the medical marijuana authorization database until they have been reexamined by a health care professional and determined to meet the definition of qualifying patient. After reexamination, a marijuana retailer with a medical marijuana endorsement must reenter the qualifying patient or designated provider into the medical marijuana authorization database and a new recognition card will then be issued in accordance with department rules.
(5) If a recognition card is lost or stolen, a marijuana retailer with a medical marijuana endorsement, in conjunction with the database administrator, may issue a new card that will be valid for six months to one year if the patient is reexamined by a health care professional and determined to meet the definition of qualifying patient and depending on whether the patient is under the age of eighteen or eighteen years of age or older as provided in subsection (4) of this section. If a reexamination is not performed, the expiration date of the replacement recognition card must be the same as the lost or stolen recognition card.
(6) The database administrator must remove qualifying patients and designated providers from the medical marijuana authorization database upon expiration of the recognition card. Qualifying patients and designated providers may request to remove themselves from the medical marijuana authorization database before expiration of a recognition card and health care professionals may request to remove qualifying patients and designated providers from the medical marijuana authorization database if the patient or provider no longer qualifies for the medical use of marijuana. The database administrator must retain database records for at least five calendar years to permit the state liquor and cannabis board and the department of revenue to verify eligibility for tax exemptions.
(7) During development of the medical marijuana authorization database, the database administrator must consult with the department, stakeholders, and persons with relevant expertise to include, but not be limited to, qualifying patients, designated providers, health care professionals, state and local law enforcement agencies, and the University of Washington computer science and engineering security and privacy research lab or a certified cyber security firm, vendor, or service.
(8) The medical marijuana authorization database must meet the following requirements:
(a) Any personally identifiable information included in the database must be nonreversible, pursuant to definitions and standards set forth by the national institute of standards and technology;
(b) Any personally identifiable information included in the database must not be susceptible to linkage by use of data external to the database;
(c) The database must incorporate current best differential privacy practices, allowing for maximum accuracy of database queries while minimizing the chances of identifying the personally identifiable information included therein; and
(d) The database must be upgradable and updated in a timely fashion to keep current with state of the art privacy and security standards and practices.
(9)(a) Personally identifiable information of qualifying patients and designated providers included in the medical marijuana authorization database is confidential and exempt from public disclosure, inspection, or copying under chapter 42.56 RCW.
(b) Information contained in the medical marijuana authorization database may be released in aggregate form, with all personally identifying information redacted, for the purpose of statistical analysis and oversight of agency performance and actions.
(c) Information contained in the medical marijuana authorization database shall not be shared with the federal government or its agents unless the particular patient or designated provider is convicted in state court for violating this chapter or chapter 69.50 RCW.
(10)(a) The department must charge a one dollar fee for each initial and renewal recognition card issued by a marijuana retailer with a medical marijuana endorsement. The marijuana retailer with a medical marijuana endorsement shall collect the fee from the qualifying patient or designated provider at the time that he or she is entered into the database and issued a recognition card. The department shall establish a schedule for marijuana retailers with a medical marijuana endorsement to remit the fees collected. Fees collected under this subsection shall be deposited into the health professions account created under RCW 43.70.320.
(b) By November 1, 2016, the department shall report to the governor and the fiscal committees of both the house of representatives and the senate regarding the cost of implementation and administration of the medical marijuana authorization database. The report must specify amounts from the health professions account used to finance the establishment and administration of the medical marijuana authorization database as well as estimates of the continuing costs associated with operating the medical marijuana database. The report must also provide initial enrollment figures in the medical marijuana authorization database and estimates of expected future enrollment.
(11) If the database administrator fails to comply with this section, the department may cancel any contracts with the database administrator and contract with another database administrator to continue administration of the database. A database administrator who fails to comply with this section is subject to a fine of up to five thousand dollars in addition to any penalties established in the contract. Fines collected under this section must be deposited into the health professions account created under RCW 43.70.320.
(12) The department may adopt rules to implement this section.
NEW SECTION. Sec. 22. A new section is added to chapter 42.56 RCW to read as follows:
Records in the medical marijuana authorization database established in section 21 of this act containing names and other personally identifiable information of qualifying patients and designated providers are exempt from disclosure under this chapter.
NEW SECTION. Sec. 23. A new section is added to chapter 69.51A RCW to read as follows:
(1) It is unlawful for a person to knowingly or intentionally:
(a) Access the medical marijuana authorization database for any reason not authorized under section 21 of this act;
(b) Disclose any information received from the medical marijuana authorization database in violation of section 21 of this act including, but not limited to, qualifying patient or designated provider names, addresses, or amount of marijuana for which they are authorized;
(c) Produce a recognition card or to tamper with a recognition card for the purpose of having it accepted by a marijuana retailer holding a medical marijuana endorsement in order to purchase marijuana as a qualifying patient or designated provider or to grow marijuana plants in accordance with this chapter;
(d) If a person is a designated provider to a qualifying patient, sell, donate, or supply marijuana produced or obtained for the qualifying patient to another person, or use the marijuana produced or obtained for the qualifying patient for the designated provider's own personal use or benefit; or
(e) If the person is a qualifying patient, sell, donate, or otherwise supply marijuana produced or obtained by the qualifying patient to another person.
(2) A person who violates this section is guilty of a class C felony.
Sec. 24. RCW 69.51A.040 and 2011 c 181 s 401 are each amended to read as follows:
The medical use of ((cannabis))
marijuana in accordance with the terms and conditions of this chapter
does not constitute a crime and a qualifying patient or designated provider in
compliance with the terms and conditions of this chapter may not be arrested,
prosecuted, or subject to other criminal sanctions or civil consequences((,))
for possession, manufacture, or delivery of, or for possession with intent to
manufacture or deliver, ((cannabis)) marijuana under state law,
or have real or personal property seized or forfeited for possession,
manufacture, or delivery of, or for possession with intent to manufacture or
deliver, ((cannabis)) marijuana under state law, and
investigating ((peace)) law enforcement officers and ((law
enforcement)) agencies may not be held civilly liable for failure to seize
((cannabis)) marijuana in this circumstance, if:
(1)(a) The qualifying patient
or designated provider has been entered into the medical marijuana
authorization database and holds a valid recognition card and possesses no
more than ((fifteen cannabis plants and:
(i) No more than
twenty-four ounces of useable cannabis;
(ii) No more cannabis
product than what could reasonably be produced with no more than twenty-four
ounces of useable cannabis; or
(iii) A combination of
useable cannabis and cannabis product that does not exceed a combined total
representing possession and processing of no more than twenty-four ounces of
useable cannabis)) the amount of
marijuana concentrates, useable marijuana, plants, or marijuana-infused
products authorized under section 19 of this act.
(((b))) If a person is
both a qualifying patient and a designated provider for another qualifying
patient, the person may possess no more than twice the amounts described in (((a)
of this subsection)) section 19 of this act for the qualifying patient
and designated provider, whether the plants, ((useable cannabis, and
cannabis product)) marijuana concentrates, useable marijuana, or
marijuana-infused products are possessed individually or in combination
between the qualifying patient and his or her designated provider;
(((2))) (b) The
qualifying patient or designated provider presents his or her ((proof of
registration with the department of health,)) recognition card to
any ((peace)) law enforcement officer who questions the patient
or provider regarding his or her medical use of ((cannabis)) marijuana;
(((3))) (c) The
qualifying patient or designated provider keeps a copy of his or her ((proof
of registration with the registry established in section 901 of this act)) recognition
card and the qualifying patient or designated provider's contact
information posted prominently next to any ((cannabis)) plants, ((cannabis))
marijuana concentrates, marijuana-infused products, or useable ((cannabis))
marijuana located at his or her residence;
(((4))) (d) The
investigating ((peace)) law enforcement officer does not possess
evidence that:
(((a))) (i) The
designated provider has converted ((cannabis)) marijuana produced
or obtained for the qualifying patient for his or her own personal use or
benefit; or
(((b))) (ii) The
qualifying patient ((has converted cannabis produced or obtained for his or
her own medical use to the qualifying patient's personal, nonmedical use or
benefit)) sold, donated, or supplied marijuana to another person; and
(((5))) (e) The
((investigating peace officer does not possess evidence that the))
designated provider has not served as a designated provider to more than
one qualifying patient within a fifteen-day period; ((and
(6))) or
(2) The ((investigating peace officer has not observed
evidence of any of the circumstances identified in section 901(4))) qualifying
patient or designated provider participates in a cooperative as provided in
section 26 of this act.
Sec. 25. RCW 69.51A.043 and 2011 c 181 s 402 are each amended to read as follows:
(1) A qualifying patient or
designated provider who has a valid authorization from his or her health
care professional, but is not ((registered with the registry established
in section 901 of this act)) entered in the medical marijuana
authorization database and does not have a recognition card may raise the
affirmative defense set forth in subsection (2) of this section, if:
(a) The qualifying patient or
designated provider presents his or her ((valid documentation to any peace))
authorization to any law enforcement officer who questions the patient
or provider regarding his or her medical use of ((cannabis)) marijuana;
(b) The qualifying patient or
designated provider possesses no more ((cannabis)) marijuana than
the limits set forth in ((RCW 69.51A.040(1))) section 19(3) of this
act;
(c) The qualifying patient or designated provider is in compliance with all other terms and conditions of this chapter;
(d) The investigating ((peace))
law enforcement officer does not have probable cause to believe that the
qualifying patient or designated provider has committed a felony, or is
committing a misdemeanor in the officer's presence, that does not relate to the
medical use of ((cannabis)) marijuana; and
(e) No outstanding warrant for
arrest exists for the qualifying patient or designated provider((; and
(f) The investigating peace
officer has not observed evidence of any of the circumstances identified in
section 901(4) of this act)).
(2) A qualifying patient or
designated provider who is not ((registered with the registry established in
section 901 of this act)) entered in the medical marijuana authorization
database and does not have a recognition card, but who presents his or her ((valid
documentation)) authorization to any ((peace)) law
enforcement officer who questions the patient or provider regarding his or
her medical use of ((cannabis)) marijuana, may assert an
affirmative defense to charges of violations of state law relating to ((cannabis))
marijuana through proof at trial, by a preponderance of the evidence,
that he or she otherwise meets the requirements of RCW 69.51A.040. A qualifying
patient or designated provider meeting the conditions of this subsection but
possessing more ((cannabis)) marijuana than the limits set forth
in ((RCW 69.51A.040(1))) section 19(3) of this act may, in the
investigating ((peace)) law enforcement officer's discretion, be
taken into custody and booked into jail in connection with the investigation of
the incident.
NEW SECTION. Sec. 26. A new section is added to chapter 69.51A RCW to read as follows:
(1) Qualifying patients or designated providers may form a cooperative and share responsibility for acquiring and supplying the resources needed to produce and process marijuana only for the medical use of members of the cooperative. No more than four qualifying patients or designated providers may become members of a cooperative under this section and all members must hold valid recognition cards. All members of the cooperative must be at least twenty-one years old. The designated provider of a qualifying patient who is under twenty-one years old may be a member of a cooperative on the qualifying patient's behalf.
(2) Cooperatives may not be located within one mile of a marijuana retailer. People who wish to form a cooperative must register the location with the state liquor and cannabis board and this is the only location where cooperative members may grow or process marijuana. This registration must include the names of all participating members and copies of each participant's recognition card. Only qualifying patients or designated providers registered with the state liquor and cannabis board in association with the location may participate in growing or receive useable marijuana or marijuana-infused products grown at that location. The state liquor and cannabis board must deny the registration of any cooperative if the location is within one mile of a marijuana retailer.
(3) If a qualifying patient or designated provider no longer participates in growing at the location, he or she must notify the state liquor and cannabis board within fifteen days of the date the qualifying patient or designated provider ceases participation. The state liquor and cannabis board must remove his or her name from connection to the cooperative. Additional qualifying patients or designated providers may not join the cooperative until sixty days have passed since the date on which the last qualifying patient or designated provider notifies the state liquor and cannabis board that he or she no longer participates in that cooperative.
(4) Qualifying patients or designated providers who participate in a cooperative under this section:
(a) May grow up to the total amount of plants for which each participating member is authorized on their recognition cards, up to a maximum of sixty plants. At the location, the qualifying patients or designated providers may possess the amount of useable marijuana that can be produced with the number of plants permitted under this subsection, but no more than seventy-two ounces;
(b) May only participate in one cooperative;
(c) May only grow plants in the cooperative and if he or she grows plants in the cooperative may not grow plants elsewhere;
(d) Must provide assistance in growing plants. A monetary contribution or donation is not to be considered assistance under this section. Participants must provide nonmonetary resources and labor in order to participate; and
(e) May not sell, donate, or otherwise provide marijuana, marijuana concentrates, useable marijuana, or marijuana-infused products to a person who is not participating under this section.
(5) The location of the cooperative must be the domicile of one of the participants. Only one cooperative may be located per property tax parcel. A copy of each participant's recognition card must be kept at the location at all times.
(6) The state liquor and cannabis board may adopt rules to implement this section including:
(a) Any security requirements necessary to ensure the safety of the cooperative and to reduce the risk of diversion from the cooperative;
(b) A seed to sale traceability model that is similar to the seed to sale traceability model used by licensees that will allow the state liquor and cannabis board to track all marijuana grown in a cooperative.
(7) The state liquor and cannabis board or law enforcement may inspect a cooperative registered under this section to ensure members are in compliance with this section. The state liquor and cannabis board must adopt rules on reasonable inspection hours and reasons for inspections.
NEW SECTION. Sec. 27. A new section is added to chapter 69.51A RCW to read as follows:
(1) Notwithstanding any other provision of this chapter and even if multiple qualifying patients or designated providers reside in the same housing unit, no more than fifteen plants may be grown or located in any one housing unit other than a cooperative established pursuant to section 26 of this act.
(2) Neither the production nor processing of marijuana or marijuana-infused products pursuant to this section nor the storage or growing of plants may occur if any portion of such activity can be readily seen by normal unaided vision or readily smelled from a public place or the private property of another housing unit.
(3) Cities, towns, counties, and other municipalities may create and enforce civil penalties, including abatement procedures, for the growing or processing of marijuana and for keeping marijuana plants beyond or otherwise not in compliance with this section.
NEW SECTION. Sec. 28. A new section is added to chapter 69.51A RCW to read as follows:
(1) Once the state liquor and cannabis board adopts rules under subsection (2) of this section, qualifying patients or designated providers may only extract or separate the resin from marijuana or produce or process any form of marijuana concentrates or marijuana‑infused products in accordance with those standards.
(2) The state liquor and cannabis board must adopt rules permitting qualifying patients and designated providers to extract or separate the resin from marijuana using noncombustable methods. The rules must provide the noncombustible methods permitted and any restrictions on this practice.
Sec. 29. RCW 69.51A.045 and 2011 c 181 s 405 are each amended to read as follows:
(1) A qualifying patient or designated provider in
possession of ((cannabis)) plants, marijuana concentrates,
useable ((cannabis)) marijuana, or ((cannabis)) marijuana-infused
products exceeding the limits set forth in ((RCW 69.51A.040(1))) this
chapter but otherwise in compliance with all other terms and conditions of
this chapter may establish an affirmative defense to charges of violations of
state law relating to ((cannabis)) marijuana through proof at
trial, by a preponderance of the evidence, that the qualifying patient's
necessary medical use exceeds the amounts set forth in RCW 69.51A.040(((1))).
(2) An investigating ((peace)) law enforcement
officer may seize ((cannabis)) plants, marijuana concentrates,
useable ((cannabis)) marijuana, or ((cannabis)) marijuana-infused
products exceeding the amounts set forth in ((RCW 69.51A.040(1): PROVIDED,
That)) this chapter. In the case of ((cannabis)) plants, the
qualifying patient or designated provider shall be allowed to select the plants
that will remain at the location. The officer and his or her law enforcement
agency may not be held civilly liable for failure to seize ((cannabis)) marijuana
in this circumstance.
Sec. 30. RCW 69.51A.055 and 2011 c 181 s 1105 are each amended to read as follows:
(1)(a) The arrest and prosecution protections established in RCW 69.51A.040 may not be asserted in a supervision revocation or violation hearing by a person who is supervised by a corrections agency or department, including local governments or jails, that has determined that the terms of this section are inconsistent with and contrary to his or her supervision.
(b) The affirmative defenses
established in RCW 69.51A.043((,)) and 69.51A.045((,
69.51A.047, and section 407 of this act)) may not be asserted in a
supervision revocation or violation hearing by a person who is supervised by a
corrections agency or department, including local governments or jails, that
has determined that the terms of this section are inconsistent with and
contrary to his or her supervision.
(2) ((The provisions of))
RCW 69.51A.040((, 69.51A.085, and 69.51A.025 do)) does not apply
to a person who is supervised for a criminal conviction by a corrections agency
or department, including local governments or jails, that has determined that
the terms of this chapter are inconsistent with and contrary to his or her
supervision.
(((3) A person may not be
licensed as a licensed producer, licensed processor of cannabis products, or a
licensed dispenser under section 601, 602, or 701 of this act if he or she is
supervised for a criminal conviction by a corrections agency or department,
including local governments or jails, that has determined that licensure is
inconsistent with and contrary to his or her supervision.))
Sec. 31. RCW 69.51A.060 and 2011 c 181 s 501 are each amended to read as follows:
(1) It shall be a class 3
civil infraction to use or display medical ((cannabis)) marijuana
in a manner or place which is open to the view of the general public.
(2) Nothing in this chapter
establishes a right of care as a covered benefit or requires any state
purchased health care as defined in RCW 41.05.011 or other health carrier or
health plan as defined in Title 48 RCW to be liable for any claim for
reimbursement for the medical use of ((cannabis)) marijuana. Such
entities may enact coverage or noncoverage criteria or related policies for
payment or nonpayment of medical ((cannabis)) marijuana in their
sole discretion.
(3) Nothing in this chapter
requires any health care professional to authorize the medical use of ((cannabis))
marijuana for a patient.
(4) Nothing in this chapter
requires any accommodation of any on-site medical use of ((cannabis)) marijuana
in any place of employment, in any school bus or on any school grounds, in any
youth center, in any correctional facility, or smoking ((cannabis)) marijuana
in any public place or hotel or motel. However, a school may permit a minor
who meets the requirements of section 20 of this act to consume marijuana on
school grounds. Such use must be in accordance with school policy relating to
medication use on school grounds.
(5) Nothing in this chapter authorizes the possession or use of marijuana, marijuana concentrates, useable marijuana, or marijuana-infused products on federal property.
(((5))) (6)
Nothing in this chapter authorizes the use of medical ((cannabis)) marijuana
by any person who is subject to the Washington code of military justice in
chapter 38.38 RCW.
(((6))) (7)
Employers may establish drug-free work policies. Nothing in this chapter
requires an accommodation for the medical use of ((cannabis)) marijuana
if an employer has a drug-free workplace.
(((7) It is a class C
felony to fraudulently produce any record purporting to be, or tamper with the
content of any record for the purpose of having it accepted as, valid
documentation under RCW 69.51A.010(32)(a), or to backdate such documentation to
a time earlier than its actual date of execution.))
(8) No person shall be
entitled to claim the protection from arrest and prosecution under RCW
69.51A.040 or the affirmative defense under RCW 69.51A.043 for engaging in the
medical use of ((cannabis)) marijuana in a way that endangers the
health or well-being of any person through the use of a motorized vehicle on a
street, road, or highway, including violations of RCW 46.61.502 or 46.61.504,
or equivalent local ordinances.
Sec. 32. RCW 69.51A.085 and 2011 c 181 s 403 are each amended to read as follows:
(1) Qualifying patients may
create and participate in collective gardens for the purpose of producing,
processing, transporting, and delivering ((cannabis)) marijuana
for medical use subject to the following conditions:
(a) No more than ten qualifying patients may participate in a single collective garden at any time;
(b) No person under the age of twenty-one may participate in a collective garden or receive marijuana that was produced, processed, transported, or delivered through a collective garden. A designated provider for a person who is under the age of twenty-one may participate in a collective garden on behalf of the person under the age of twenty-one;
(c) A collective garden may contain no more than fifteen plants per patient up to a total of forty-five plants;
(((c))) (d) A
collective garden may contain no more than twenty-four ounces of useable ((cannabis))
marijuana per patient up to a total of seventy-two ounces of useable ((cannabis))
marijuana;
(((d))) (e) A
copy of each qualifying patient's ((valid documentation or proof of
registration with the registry established in section 901 of this act)) authorization,
including a copy of the patient's proof of identity, must be available at all
times on the premises of the collective garden; and
(((e))) (f) No
useable ((cannabis)) marijuana from the collective garden is
delivered to anyone other than one of the qualifying patients participating in
the collective garden.
(2) For purposes of this
section, the creation of a "collective garden" means qualifying
patients sharing responsibility for acquiring and supplying the resources
required to produce and process cannabis for medical use such as, for example,
a location for a collective garden; equipment, supplies, and labor necessary to
plant, grow, and harvest ((cannabis; cannabis)) marijuana plants,
seeds, and cuttings; and equipment, supplies, and labor necessary for proper
construction, plumbing, wiring, and ventilation of a garden of ((cannabis))
marijuana plants.
(3) A person who knowingly violates a provision of subsection (1) of this section is not entitled to the protections of this chapter.
NEW SECTION. Sec. 33. A new section is added to chapter 69.50 RCW to read as follows:
(1) The state liquor and cannabis board may conduct controlled purchase programs to determine whether:
(a) A marijuana retailer is unlawfully selling marijuana to persons under the age of twenty-one;
(b) A marijuana retailer holding a medical marijuana endorsement is selling to persons under the age of eighteen or selling to persons between the ages of eighteen and twenty-one who do not hold valid recognition cards;
(c) Until July 1, 2016, collective gardens under RCW 69.51A.085 are providing marijuana to persons under the age of twenty-one; or
(d) A cooperative organized under section 26 of this act is permitting a person under the age of twenty-one to participate.
(2) Every person under the age of twenty-one years who purchases or attempts to purchase marijuana is guilty of a violation of this section. This section does not apply to:
(a) Persons between the ages of eighteen and twenty-one who hold valid recognition cards and purchase marijuana at a marijuana retail outlet holding a medical marijuana endorsement;
(b) Persons between the ages of eighteen and twenty-one years who are participating in a controlled purchase program authorized by the state liquor and cannabis board under rules adopted by the board. Violations occurring under a private, controlled purchase program authorized by the state liquor and cannabis board may not be used for criminal or administrative prosecution.
(3) A marijuana retailer who conducts an in-house controlled purchase program authorized under this section shall provide his or her employees a written description of the employer's in-house controlled purchase program. The written description must include notice of actions an employer may take as a consequence of an employee's failure to comply with company policies regarding the sale of marijuana during an in-house controlled purchase program.
(4) An in-house controlled purchase program authorized under this section shall be for the purposes of employee training and employer self-compliance checks. A marijuana retailer may not terminate an employee solely for a first-time failure to comply with company policies regarding the sale of marijuana during an in-house controlled purchase program authorized under this section.
(5) Every person between the ages of eighteen and twenty-one who is convicted of a violation of this section is guilty of a misdemeanor punishable as provided by RCW 9A.20.021.
Sec. 34. RCW 69.51A.100 and 2011 c 181 s 404 are each amended to read as follows:
(1) A qualifying patient may revoke his or her designation of a specific designated provider and designate a different designated provider at any time. A revocation of designation must be in writing, signed and dated, and provided to the designated provider and, if applicable, the medical marijuana authorization database administrator. The protections of this chapter cease to apply to a person who has served as a designated provider to a qualifying patient seventy-two hours after receipt of that patient's revocation of his or her designation.
(2) A person may stop serving as a designated provider to a given qualifying patient at any time by revoking that designation in writing, signed and dated, and provided to the qualifying patient and, if applicable, the medical marijuana authorization database administrator. However, that person may not begin serving as a designated provider to a different qualifying patient until fifteen days have elapsed from the date the last qualifying patient designated him or her to serve as a provider.
(3) The department may adopt rules to implement this section, including a procedure to remove the name of the designated provider from the medical marijuana authorization database upon receipt of a revocation under this section.
NEW SECTION. Sec. 35. A new section is added to chapter 69.51A RCW to read as follows:
Neither this chapter nor chapter 69.50 RCW prohibits a health care professional from selling or donating topical, noningestible products that have a THC concentration of less than .3 percent to qualifying patients.
NEW SECTION. Sec. 36. A new section is added to chapter 69.51A RCW to read as follows:
Employers of a health care professional may not prohibit or limit the authority of any health care professional to:
(1) Advise a patient about the risks and benefits of the medical use of marijuana or that the patient may benefit from the medical use of marijuana; or
(2) Provide a patient or designated provider meeting the criteria established under RCW 69.51A.010 with an authorization, based upon the health care professional's assessment of the patient's medical history and current medical condition, if the health care professional has complied with this chapter and he or she determines within a professional standard of care or in the individual health care professional's medical judgment the qualifying patient may benefit from the medical use of marijuana.
NEW SECTION. Sec. 37. A new section is added to chapter 69.51A RCW to read as follows:
A medical marijuana consultant certificate is hereby established.
(1) In addition to any other authority provided by law, the secretary of the department may:
(a) Adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter;
(b) Establish forms and procedures necessary to administer this chapter;
(c) Approve training or education programs that meet the requirements of this section and any rules adopted to implement it;
(d) Receive criminal history record information that includes nonconviction information data for any purpose associated with initial certification or renewal of certification. The secretary shall require each applicant for initial certification to obtain a state or federal criminal history record information background check through the state patrol or the state patrol and the identification division of the federal bureau of investigation prior to the issuance of any certificate. The secretary shall specify those situations where a state background check is inadequate and an applicant must obtain an electronic fingerprint-based national background check through the state patrol and federal bureau of investigation. Situations where a background check is inadequate may include instances where an applicant has recently lived out-of-state or where the applicant has a criminal record in Washington;
(e) Establish administrative procedures, administrative requirements, and fees in accordance with RCW 43.70.110 and 43.70.250; and
(f) Maintain the official department record of all applicants and certificate holders.
(2) A training or education program approved by the secretary must include the following topics:
(a) The medical conditions that constitute terminal or debilitating conditions, and the symptoms of those conditions;
(b) Short and long-term effects of cannabinoids;
(c) Products that may benefit qualifying patients based on the patient's terminal or debilitating medical condition;
(d) Risks and benefits of various routes of administration;
(e) Safe handling and storage of useable marijuana, marijuana-infused products, and marijuana concentrates, including strategies to reduce access by minors;
(f) Demonstrated knowledge of this chapter and the rules adopted to implement it; and
(g) Other subjects deemed necessary and appropriate by the secretary to ensure medical marijuana consultant certificate holders are able to provide evidence-based and medically accurate advice on the medical use of marijuana.
(3) Medical marijuana consultant certificates are subject to annual renewals and continuing education requirements established by the secretary.
(4) The secretary shall have the power to refuse, suspend, or revoke the certificate of any medical marijuana consultant upon proof that:
(a) The certificate was procured through fraud, misrepresentation, or deceit;
(b) The certificate holder has committed acts in violation of subsection (6) of this section; or
(c) The certificate holder has violated or has permitted any employee or volunteer to violate any of the laws of this state relating to drugs or controlled substances or has been convicted of a felony.
In any case of the refusal, suspension, or revocation of a certificate by the secretary under the provisions of this chapter, appeal may be taken in accordance with chapter 34.05 RCW, the administrative procedure act.
(5) A medical marijuana consultant may provide the following services when acting as an owner, employee, or volunteer of a retail outlet licensed under RCW 69.50.354 and holding a medical marijuana endorsement under section 10 of this act:
(a) Assisting a customer with the selection of products sold at the retail outlet that may benefit the qualifying patient's terminal or debilitating medical condition;
(b) Describing the risks and benefits of products sold at the retail outlet;
(c) Describing the risks and benefits of methods of administration of products sold at the retail outlet;
(d) Advising a customer about the safe handling and storage of useable marijuana, marijuana-infused products, and marijuana concentrates, including strategies to reduce access by minors; and
(e) Providing instruction and demonstrations to customers about proper use and application of useable marijuana, marijuana-infused products, and marijuana concentrates.
(6) Nothing in this section authorizes a medical marijuana consultant to:
(a) Offer or undertake to diagnose or cure any human disease, ailment, injury, infirmity, deformity, pain, or other condition, physical or mental, real or imaginary, by use of marijuana or any other means or instrumentality; or
(b) Recommend or suggest modification or elimination of any course of treatment that does not involve the medical use of marijuana.
(7) Nothing in this section requires an owner, employee, or volunteer of a retail outlet licensed under RCW 69.50.354 and holding a medical marijuana endorsement under section 10 of this act to obtain a medical marijuana consultant certification.
(8) Nothing in this section applies to the practice of a health care profession by individuals who are licensed, certified, or registered in a profession listed in RCW 18.130.040(2) and who are performing services within their authorized scope of practice.
NEW SECTION. Sec. 38. A new section is added to chapter 69.51A RCW to read as follows:
The board of naturopathy, the board of osteopathic medicine and surgery, the medical quality assurance commission, and the nursing care quality assurance commission shall develop and approve continuing education programs related to the use of marijuana for medical purposes for the health care providers that they each regulate that are based upon practice guidelines that have been adopted by each entity.
Sec. 39. RCW 43.70.320 and 2008 c 134 s 16 are each amended to read as follows:
(1) There is created in the state treasury an account to be known as the health professions account. All fees received by the department for health professions licenses, registration, certifications, renewals, or examinations and the civil penalties assessed and collected by the department under RCW 18.130.190 shall be forwarded to the state treasurer who shall credit such moneys to the health professions account.
(2) All expenses incurred in carrying out the health professions licensing activities of the department and implementing and administering the medical marijuana authorization database established in section 21 of this act shall be paid from the account as authorized by legislative appropriation, except as provided in subsection (4) of this section. Any residue in the account shall be accumulated and shall not revert to the general fund at the end of the biennium.
(3) The secretary shall biennially prepare a budget request based on the anticipated costs of administering the health professions licensing activities of the department which shall include the estimated income from health professions fees.
(4) The secretary shall, at the request of a board or commission as applicable, spend unappropriated funds in the health professions account that are allocated to the requesting board or commission to meet unanticipated costs of that board or commission when revenues exceed more than fifteen percent over the department's estimated six‑year spending projections for the requesting board or commission. Unanticipated costs shall be limited to spending as authorized in subsection (3) of this section for anticipated costs.
NEW SECTION. Sec. 40. A new section is added to chapter 82.04 RCW to read as follows:
(1) This chapter does not apply to any cooperative in respect to growing marijuana, or manufacturing marijuana concentrates, useable marijuana, or marijuana-infused products, as those terms are defined in RCW 69.50.101.
(2) The tax preference authorized in this section is not subject to the provisions of RCW 82.32.805 and 82.32.808.
NEW SECTION. Sec. 41. (1) The department of health must develop recommendations on establishing medical marijuana specialty clinics that would allow for the authorization and dispensing of marijuana to patients of health care professionals who work on-site of the clinic and who are certified by the department of health in the medical use of marijuana.
(2) Recommendations must be reported to the chairs of the health care committees of both the senate and house of representatives by December 1, 2015.
Sec. 42. RCW 69.50.203 and 2013 c 19 s 88 are each amended to read as follows:
(a) Except as provided in subsection (c) of this section, the commission shall place a substance in Schedule I upon finding that the substance:
(1) has high potential for abuse;
(2) has no currently accepted medical use in treatment in the United States; and
(3) lacks accepted safety for use in treatment under medical supervision.
(b) The commission may place a substance in Schedule I without making the findings required by subsection (a) of this section if the substance is controlled under Schedule I of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention, or protocol.
(c) No marijuana concentrates, useable marijuana, or marijuana-infused product that the department has identified in rules adopted pursuant to section 10(4) of this act as appropriate for sale to qualifying patients and designated providers in a retail outlet that holds a medical marijuana endorsement shall be deemed to have met the criteria established in subsection (a) of this section and may not be placed in Schedule I.
Sec. 43. RCW 69.50.204 and 2010 c 177 s 2 are each amended to read as follows:
Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in Schedule I:
(a) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:
(1) Acetyl-alpha-methylfentanyl (N-F:\Journal\2015 Journal\Journal2015\LegDay093\1-(1-methyl-2-phenethyl)-4-piperidinyl.doc-N-phenylacetamide);
(2) Acetylmethadol;
(3) Allylprodine;
(4) Alphacetylmethadol, except levo‑alphacetylmethadol, also known as levo‑alpha‑acetylmethadol, levomethadyl acetate, or LAAM;
(5) Alphameprodine;
(6) Alphamethadol;
(7) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl) ethyl-4‑piperidyl] propionanilide); (1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);
(8) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(9) Benzethidine;
(10) Betacetylmethadol;
(11) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)‑4-piperidinyl]-N-phenylpropanamide);
(12) Beta-hydroxy-3-methylfentanyl, some trade or other names: N-[1-(2-hydrox-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide;
(13) Betameprodine;
(14) Betamethadol;
(15) Betaprodine;
(16) Clonitazene;
(17) Dextromoramide;
(18) Diampromide;
(19) Diethylthiambutene;
(20) Difenoxin;
(21) Dimenoxadol;
(22) Dimepheptanol;
(23) Dimethylthiambutene;
(24) Dioxaphetyl butyrate;
(25) Dipipanone;
(26) Ethylmethylthiambutene;
(27) Etonitazene;
(28) Etoxeridine;
(29) Furethidine;
(30) Hydroxypethidine;
(31) Ketobemidone;
(32) Levomoramide;
(33) Levophenacylmorphan;
(34) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylprop anamide);
(35) 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(36) Morpheridine;
(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(38) Noracymethadol;
(39) Norlevorphanol;
(40) Normethadone;
(41) Norpipanone;
(42) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl] propanamide);
(43) PEPAP(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(44) Phenadoxone;
(45) Phenampromide;
(46) Phenomorphan;
(47) Phenoperidine;
(48) Piritramide;
(49) Proheptazine;
(50) Properidine;
(51) Propiram;
(52) Racemoramide;
(53) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanaminde);
(54) Tilidine;
(55) Trimeperidine.
(b) Opium derivatives. Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) Dihydromorphine;
(9) Drotebanol;
(10) Etorphine, except hydrochloride salt;
(11) Heroin;
(12) Hydromorphinol;
(13) Methyldesorphine;
(14) Methyldihydromorphine;
(15) Morphine methylbromide;
(16) Morphine methylsulfonate;
(17) Morphine-N-Oxide;
(18) Myrophine;
(19) Nicocodeine;
(20) Nicomorphine;
(21) Normorphine;
(22) Pholcodine;
(23) Thebacon.
(c) Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation. For the purposes of this subsection only, the term "isomer" includes the optical, position, and geometric isomers:
(1) Alpha‑ethyltryptamine: Some trade or other names: Etryptamine; monase; a‑ethyl‑1H‑indole‑3‑ethanamine; 3‑(2‑aminobutyl) indole; a‑ET; and AET;
(2) 4-bromo-2,5-dimethoxy-amphetamine: Some trade or other names: 4-bromo-2,5-dimethoxy-a-methylphenethylamine; 4-bromo-2,5-DMA;
(3) 4‑bromo‑2,5‑dimethoxyphenethylamine: Some trade or other names: 2‑(4‑bromo‑2,5‑dimethoxyphenyl)‑1‑aminoethane; alpha-desmethyl DOB; 2C‑B, nexus;
(4) 2,5-dimethoxyamphetamine: Some trade or other names: 2,5-dimethoxy-a-methylphenethylamine; 2,5-DMA;
(5) 2,5‑dimethoxy‑4‑ethylamphetamine (DOET);
(6) 2,5‑dimethoxy‑4‑(n)‑propylthiophenethylamine: Other name: 2C‑T‑7;
(7) 4-methoxyamphetamine: Some trade or other names: 4-methoxy-a-methylphenethylamine; paramethoxyamphetamine, PMA;
(8) 5-methoxy-3,4-methylenedioxy-amphetamine;
(9) 4-methyl-2,5-dimethoxy-amphetamine: Some trade and other names: 4-methyl-2,5-dimethoxy-a-methylphenethylamine; "DOM"; and "STP";
(10) 3,4-methylenedioxy amphetamine;
(11) 3,4-methylenedioxymethamphetamine (MDMA);
(12) 3,4‑methylenedioxy‑N‑ethylamphetamine, also known as N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA;
(13) N‑hydroxy‑3,4‑methylenedioxyamphetamine also known as N‑hydroxy‑alpha‑methyl‑3,4(methylenedioxy)phenethylamine,N-hydroxy MDA;
(14) 3,4,5-trimethoxy amphetamine;
(15) Alpha‑methyltryptamine: Other name: AMT;
(16) Bufotenine: Some trade or other names: 3-(beta-Dimethylaminoethyl)-5-hydroxindole; 3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine;
(17) Diethyltryptamine: Some trade or other names: N,N-Diethyltryptamine; DET;
(18) Dimethyltryptamine: Some trade or other names: DMT;
(19) 5‑methoxy‑N,N‑diisopropyltryptamine: Other name: 5‑MeO‑DIPT;
(20) Ibogaine: Some trade or other names: 7-Ethyl-6,6 beta,7,8,9,10,12,13,-octahydro-2-methoxy-6,9-methano-5H-pyndo (1',2' 1,2) azepino (5,4-b) indole; Tabernanthe iboga;
(21) Lysergic acid diethylamide;
(22) Marihuana or marijuana, except for any marijuana concentrates, useable marijuana, or marijuana-infused products identified by the department in rules adopted pursuant to section 10(4) of this act as appropriate for sale to qualifying patients and designated providers in a retail outlet that holds a medical marijuana endorsement;
(23) Mescaline;
(24) Parahexyl-7374: Some trade or other names: 3-Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo[b,d]pyran; synhexyl;
(25) Peyote, meaning all parts of the plant presently classified botanically as Lophophora Williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant, its seeds, or extracts; (interprets 21 U.S.C. Sec. 812 (c), Schedule I (c)(12));
(26) N-ethyl-3-piperidyl benzilate;
(27) N-methyl-3-piperidyl benzilate;
(28) Psilocybin;
(29) Psilocyn;
(30)(i) Tetrahydrocannabinols, meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, species, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following:
(((i))) (A) 1 -
cis - or trans tetrahydrocannabinol, and their optical isomers, excluding
tetrahydrocannabinol in sesame oil and encapsulated in a soft gelatin capsule
in a drug product approved by the United States Food and Drug Administration;
(((ii))) (B) 6 -
cis - or trans tetrahydrocannabinol, and their optical isomers;
(((iii))) (C)
3,4 - cis - or trans tetrahydrocannabinol, and its optical isomers;
(Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.)
(ii) The term "tetrahydrocannabinols" does not include any marijuana concentrates, useable marijuana, or marijuana-infused products identified by the department in rules adopted pursuant to section 10(4) of this act as appropriate for sale to qualifying patients and designated providers in a retail outlet that holds a medical marijuana endorsement;
(31) Ethylamine analog of phencyclidine: Some trade or other names: N-ethyl-1phenylcyclohexalymine, (1-phenylcyclohexl) ethylamine; N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE;
(32) Pyrrolidine analog of phencyclidine: Some trade or other names: 1-(1-phencyclohexyl)pyrrolidine; PCPy; PHP;
(33) Thiophene analog of phencyclidine: Some trade or other names: 1-(1-[2-thenyl]-cyclohexly)-pipendine; 2-thienylanalog of phencyclidine; TPCP; TCP;
(34) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine: A trade or other name is TCPy.
(d) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.
(1) Gamma‑hydroxybutyric acid: Some other names include GHB; gamma‑hydroxybutyrate; 4‑hydroxybutyrate; 4‑hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate;
(2) Mecloqualone;
(3) Methaqualone.
(e) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:
(1) Aminorex: Some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; or 4, 5-dihydro-5‑phenly-2-oxazolamine;
(2) N‑Benzylpiperazine: Some other names: BZP,1‑benzylpiperazine;
(3) Cathinone, also known as 2‑amino‑1‑phenyl‑1‑propanone, alpha‑aminopropiophenone, 2‑aminopropiophenone and norephedrone;
(4) Fenethylline;
(5) Methcathinone: Some other names: 2-(methylamino)-propiophenone; alpha-(methylamino)propiophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463 and UR1432, its salts, optical isomers, and salts of optical isomers;
(6) (+-)cis-4-methylaminorex ((+-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
(7) N-ethylamphetamine;
(8) N,N-dimethylamphetamine: Some trade or other names: N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenoethylene.
The controlled substances in this section may be added, rescheduled, or deleted as provided for in RCW 69.50.201.
NEW SECTION. Sec. 44. A new section is added to chapter 69.50 RCW to read as follows:
(1) It is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, marijuana concentrates, useable marijuana, and marijuana-infused products identified by the department in rules adopted pursuant to section 10(4) of this act as appropriate for sale to qualifying patients and designated providers in a retail outlet that holds a medical marijuana endorsement, except:
(a) As those activities are associated with the lawful operation as a licensed marijuana producer, processor, retailer, or retailer with a medical marijuana endorsement in compliance with this chapter and chapter 69.51A RCW;
(b) In association with the lawful operation of a cooperative established pursuant to, and operating in compliance with, section 26 of this act;
(c) Until July 1, 2016, in association with the lawful operation of a collection garden established pursuant to, and operating in compliance with RCW 69.51A.085; or
(d) As the activities of a designated provider or qualifying patient support the personal, medical use of a qualifying patient in compliance with section 27 of this act.
(2) Any person who violates this section is guilty of a class B felony.
NEW SECTION. Sec. 45. A new section is added to chapter 69.50 RCW to read as follows:
(1) It is unlawful for any person to possess marijuana concentrates, useable marijuana, and marijuana-infused products identified by the department in rules adopted pursuant to section 10(4) of this act as appropriate for sale to qualifying patients and designated providers in a retail outlet that holds a medical marijuana endorsement, unless:
(a) It is obtained and possessed by a designated provider or qualifying patient in an amount that does not exceed those authorized in section 19 of this act and the substance is obtained from:
(i) A licensed marijuana retailer or retailer with a medical marijuana endorsement operating in compliance with this chapter and chapter 69.51A RCW;
(ii) A cooperative established pursuant to, and operating in compliance with, section 26 of this act;
(iii) Until July 1, 2016, a collective garden established pursuant to, and operating in compliance with RCW 69.51A.085; or
(iv) The designated provider or qualifying patient in compliance with section 27 of this act; or
(b) It is obtained and possessed by a person in an amount that does not exceed those authorized in RCW 69.50.360 and was obtained from a licensed marijuana retailer or retailer with a medical marijuana endorsement operating in compliance with this chapter.
(2) Any person who violates this section is guilty of a class C felony.
Sec. 46. RCW 9.94A.518 and 2003 c 53 s 57 are each amended to read as follows:
|
TABLE 4 |
|
DRUG OFFENSES INCLUDED WITHIN EACH SERIOUSNESS LEVEL |
III |
Any felony offense under chapter 69.50 RCW with a deadly weapon special verdict under RCW 9.94A.602 |
|
Controlled Substance Homicide (RCW 69.50.415) |
|
Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2)) |
|
Involving a minor in drug dealing (RCW 69.50.4015) |
|
Manufacture of methamphetamine (RCW 69.50.401(2)(b)) |
|
Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406) |
|
Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406) |
|
Possession of Ephedrine, Pseudoephedrine, or Anhydrous Ammonia with intent to manufacture methamphetamine (RCW 69.50.440) |
|
Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410) |
II |
Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.4011) |
|
Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(2)(b)) |
|
Delivery of a material in lieu of a controlled substance (RCW 69.50.4012) |
|
Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(1)(f)) |
|
Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(2)(b)) |
|
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(2)(a)) |
|
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(2) (c) through (e)) |
|
Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1)) |
I |
Forged Prescription (RCW 69.41.020) |
|
Forged Prescription for a Controlled Substance (RCW 69.50.403) |
|
Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(2)(c)) |
|
Manufacture, deliver, or possess with intent to deliver marijuana pursuant to section 44 of this act |
|
Possesses marijuana pursuant to section 45 of this act |
|
Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Nonnarcotic from Schedule I-V (RCW 69.50.4013) |
|
Possession of Controlled Substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.4013) |
|
Unlawful Use of Building for Drug Purposes (RCW 69.53.010) |
NEW SECTION. Sec. 47. All references to the Washington state liquor control board must be construed as referring to the Washington state liquor and cannabis board. The code reviser must prepare legislation for the 2016 legislative session changing all references in the Revised Code of Washington from the Washington state liquor control board to the Washington state liquor and cannabis board.
NEW SECTION. Sec. 48. The following acts or parts of acts are each repealed:
(1)RCW 69.51A.020 (Construction of chapter) and 2011 c 181 s 103 & 1999 c 2 s 3;
(2)RCW 69.51A.025 (Construction of chapter—Compliance with RCW 69.51A.040) and 2011 c 181 s 413;
(3)RCW 69.51A.047 (Failure to register or present valid documentation—Affirmative defense) and 2011 c 181 s 406;
(4)RCW 69.51A.070 (Addition of medical conditions) and 2007 c 371 s 7 & 1999 c 2 s 9;
(5)RCW 69.51A.090 (Applicability of valid documentation definition) and 2010 c 284 s 5;
(6)RCW 69.51A.140 (Counties, cities, towns—Authority to adopt and enforce requirements) and 2011 c 181 s 1102; and
(7)RCW 69.51A.200 (Evaluation) and 2011 c 181 s 1001.
NEW SECTION. Sec. 49. RCW 69.51A.085 (Collective gardens) and 2015 c ... s 32 (section 32 of this act) and 2011 c 181 s 403 are each repealed.
NEW SECTION. Sec. 50. Sections 12, 19, 20, 23 through 26, 31, 35, 40, and 49 of this act take effect July 1, 2016.
NEW SECTION. Sec. 51. Sections 21, 22, 32, and 33 of this act are necessary for the immediate preservation of the public health, or safety, or support of the state government and its existing public institutions, and take effect immediately.
NEW SECTION. Sec. 52. This act takes effect on the dates provided in sections 50 and 51 of this act if House Bill No. 2136, or any subsequent version of House Bill No. 2136, is enacted into law by October 1, 2015."
Correct the title
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Rivers moved that the Senate concur in the House amendment(s) to Second Substitute Senate Bill No. 5052.
Senators Rivers, Keiser, Darneille and Hobbs spoke in favor of the motion.
Senators Dansel and Kohl-Welles spoke against the motion.
The President declared the question before the Senate to be the motion by Senator Rivers that the Senate concur in the House amendment(s) to Second Substitute Senate Bill No. 5052.
The motion by Senator Rivers carried and the Senate concurred in the House amendment(s) to Second Substitute Senate Bill No. 5052 by voice vote.
The President declared the question before the Senate to be the final passage of Second Substitute Senate Bill No. 5052, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5052, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 8; Absent, 0; Excused, 0.
Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Billig, Braun, Brown, Cleveland, Conway, Dammeier, Darneille, Fain, Frockt, Habib, Hargrove, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler and Sheldon
Voting nay: Senators Benton, Chase, Dansel, Ericksen, Fraser, Hasegawa, Kohl-Welles and Warnick
SECOND SUBSTITUTE SENATE BILL NO. 5052, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Fain, the Senate advanced to the sixth order of business.
SECOND READING
ENGROSSED HOUSE BILL NO. 1115, by Representatives Dunshee, DeBolt, Gregerson, Morris and Reykdal
Concerning the capital budget.
The measure was read the second time.
MOTION
Senator Honeyford moved that the following committee striking amendment by the Committee on Ways & Means be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) A capital budget is hereby adopted and, subject to the provisions set forth in this act, the several dollar amounts hereinafter specified, or so much thereof as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be incurred for capital projects during the period beginning with the effective date of this act and ending June 30, 2017, out of the several funds specified in this act.
(2) The definitions in this subsection apply throughout this act unless the context clearly requires otherwise.
(a) "Fiscal year 2016" or "FY 2016" means the period beginning July 1, 2015, and ending June 30, 2016.
(b) "Fiscal year 2017" or "FY 2017" means the period beginning July 1, 2016, and ending June 30, 2017.
(c) "Lapse" or "revert" means the amount shall return to an unappropriated status.
(d) "Provided solely" means the specified amount may be spent only for the specified purpose.
(3) Unless otherwise specifically authorized in this act, any portion of an amount provided solely for a specified purpose that is not expended subject to the specified conditions and limitations to fulfill the specified purpose shall lapse.
(4) The amounts shown under the headings "Prior Biennia," "Future Biennia," and "Total" in this act are for informational purposes only and do not constitute legislative approval of these amounts. "Prior biennia" typically refers to the immediate prior biennium for reappropriations, but may refer to multiple biennia in the case of specific projects. A "future biennia" amount is an estimate of what may be appropriated for the project or program in the 2017-2019 biennium and the following three biennia; an amount of zero does not necessarily constitute legislative intent to not provide funding for the project or program in the future.
(5) "Reappropriations" in this act are appropriations and, unless the context clearly provides otherwise, are subject to the relevant conditions and limitations applicable to appropriations. Reappropriations shall be limited to the unexpended balances remaining on June 30, 2015, from the 2013-2015 biennial appropriations for each project.
PART 1
GENERAL GOVERNMENT
NEW SECTION. Sec. 1001. FOR THE SECRETARY OF STATE
Predesign for Archive/Library Construction of Lease (30000033)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for a predesign or modified predesign to determine construction or lease options for necessary archives and state library space. The predesign must consider projected efficiencies of electronic document storage in determining necessary space.
Appropriation:
State Building Construction Account—State $100,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $100,000
NEW SECTION. Sec. 1002. FOR THE SECRETARY OF STATE
Minor Works (91000007)
Appropriation:
State Building Construction Account—State $1,700,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,700,000
NEW SECTION. Sec. 1003. FOR THE DEPARTMENT OF COMMERCE
Local and Community Projects (20064008)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions in section 131, chapter 488, Laws of 2005.
Reappropriation:
State Building Construction Account—State $434,000
Prior Biennia (Expenditures) $45,458,000
Future Biennia (Projected Costs) $0
TOTAL $45,892,000
NEW SECTION. Sec. 1004. FOR THE DEPARTMENT OF COMMERCE
Rural Washington Loan Fund (20064010)
Reappropriation:
Rural Washington Loan Account—State $2,383,000
Prior Biennia (Expenditures) $1,744,000
Future Biennia (Projected Costs) $0
TOTAL $4,127,000
NEW SECTION. Sec. 1005. FOR THE DEPARTMENT OF COMMERCE
Rural Washington Loan Fund (20074008)
Reappropriation:
Rural Washington Loan Account—State $1,822,000
Prior Biennia (Expenditures) $205,000
Future Biennia (Projected Costs) $0
TOTAL $2,027,000
NEW SECTION. Sec. 1006. FOR THE DEPARTMENT OF COMMERCE
Housing Assistance, Weatherization, and Affordable Housing (20074009)
Reappropriation:
State Taxable Building Construction Account—
State $1,405,000
Washington Housing Trust Account—State $86,000
Subtotal Reappropriation $1,491,000
Prior Biennia (Expenditures) $198,509,000
Future Biennia (Projected Costs) $0
TOTAL $200,000,000
NEW SECTION. Sec. 1007. FOR THE DEPARTMENT OF COMMERCE
Job Development Fund Grants (20074010)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1032, chapter 520, Laws of 2007 and section 1005, chapter 36, Laws of 2010 1st sp. sess.
Reappropriation:
State Building Construction Account—State $3,987,000
Prior Biennia (Expenditures) $44,943,000
Future Biennia (Projected Costs) $0
TOTAL $48,930,000
NEW SECTION. Sec. 1008. FOR THE DEPARTMENT OF COMMERCE
Community Development Fund (20084850)
Reappropriation:
State Building Construction Account—State $1,213,000
Prior Biennia (Expenditures) $19,703,000
Future Biennia (Projected Costs) $0
TOTAL $20,916,000
NEW SECTION. Sec. 1009. FOR THE DEPARTMENT OF COMMERCE
Building for the Arts (30000006)
Reappropriation:
State Building Construction Account—State $1,594,000
Prior Biennia (Expenditures) $8,481,000
Future Biennia (Projected Costs) $0
TOTAL $10,075,000
NEW SECTION. Sec. 1010. FOR THE DEPARTMENT OF COMMERCE
Housing Assistance, Weatherization, and Affordable Housing (30000013)
Reappropriation:
Washington Housing Trust Account—State $276,000
Prior Biennia (Expenditures) $129,724,000
Future Biennia (Projected Costs) $0
TOTAL $130,000,000
NEW SECTION. Sec. 1011. FOR THE DEPARTMENT OF COMMERCE
2010 Local and Community Projects (30000082)
The reappropriation in this section is subject to the following conditions and limitations: The projects must comply with RCW 43.63A.125 and other requirements for community projects administered by the department.
Reappropriation:
State Building Construction Account—State $1,991,000
Prior Biennia (Expenditures) $11,431,000
Future Biennia (Projected Costs) $0
TOTAL $13,422,000
NEW SECTION. Sec. 1012. FOR THE DEPARTMENT OF COMMERCE
Drinking Water State Revolving Fund Loan Program (30000095)
Reappropriation:
Drinking Water Assistance Account—State $6,451,000
Drinking Water Assistance Repayment Account—State
$90,368,000
Subtotal Reappropriation $96,819,000
Prior Biennia (Expenditures) $10,863,000
Future Biennia (Projected Costs) $0
TOTAL $107,682,000
NEW SECTION. Sec. 1013. FOR THE DEPARTMENT OF COMMERCE
Community Economic Revitalization Board (30000097)
Reappropriation:
Public Facility Construction Loan Revolving Account—
State $2,104,000
Prior Biennia (Expenditures) $2,896,000
Future Biennia (Projected Costs) $0
TOTAL $5,000,000
NEW SECTION. Sec. 1014. FOR THE DEPARTMENT OF COMMERCE
Housing Assistance, Weatherization, Affordable Housing Trust Fund (30000098)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1026, chapter 49, Laws of 2011 1st sp. sess.
Reappropriation:
State Taxable Building Construction Acco
unt—State $5,506,000
Prior Biennia (Expenditures) $44,494,000
Future Biennia (Projected Costs) $0
TOTAL $50,000,000
NEW SECTION. Sec. 1015. FOR THE DEPARTMENT OF COMMERCE
Public Works Assistance Account Program (30000103)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1021, chapter 48, Laws of 2011 1st sp. sess.
Reappropriation:
Public Works Assistance Account—State $90,734,000
Prior Biennia (Expenditures) $233,851,000
Future Biennia (Projected Costs) $0
TOTAL $324,585,000
NEW SECTION. Sec. 1016. FOR THE DEPARTMENT OF COMMERCE
Local and Community Projects (30000166)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1002, chapter 2, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $1,887,000
Prior Biennia (Expenditures) $14,930,000
Future Biennia (Projected Costs) $0
TOTAL $16,817,000
NEW SECTION. Sec. 1017. FOR THE DEPARTMENT OF COMMERCE
Clean Energy Partnership (30000175)
The reappropriation in this section is subject to the following conditions and limitations:
(1) The reappropriation is provided solely for implementation of the recommendations of the clean energy leadership council by providing state matching funds for projects that:
(a) Integrate energy efficiency and renewable energy in buildings;
(b) Integrate renewable energy into the regional electrical grid;
(c) Advance bioenergy in the state.
(2) State funding must not exceed fifty percent of the total program or project funds.
(3) Eligible projects must:
(a) Involve a majority of companies that are located in Washington state;
(b) Represent a substantially new solution that is not widely available today; and
(c) Be designed to generate solutions that are applicable both inside and outside of the state.
Reappropriation:
Public Facility Construction Loan Revolving Account—
State $4,538,000
Prior Biennia (Expenditures) $962,000
Future Biennia (Projected Costs) $0
TOTAL $5,500,000
NEW SECTION. Sec. 1018. FOR THE DEPARTMENT OF COMMERCE
Financing Energy/Water Efficiency (30000180)
Reappropriation:
Public Works Assistance Account—State $4,886,000
Prior Biennia (Expenditures) $114,000
Future Biennia (Projected Costs) $0
TOTAL $5,000,000
NEW SECTION. Sec. 1019. FOR THE DEPARTMENT OF COMMERCE
Public Works Assistance Account Program 2013 Loan List (30000184)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1016, chapter 2, Laws of 2012 2nd sp. sess.
Reappropriation:
Public Works Assistance Account—State $82,786,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $82,786,000
NEW SECTION. Sec. 1020. FOR THE DEPARTMENT OF COMMERCE
Youth Recreational Facilities Grants (30000185)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1062, chapter 19, Laws of 2013 2nd sp. sess. provided that the "New Life Community Development Agency" project may be combined with the "New Life CDA" project in project number 30000188.
Reappropriation:
State Building Construction Account—State $2,568,000
Prior Biennia (Expenditures) $1,563,000
Future Biennia (Projected Costs) $0
TOTAL $4,131,000
NEW SECTION. Sec. 1021. FOR THE DEPARTMENT OF COMMERCE
Building for the Arts Grants (30000186)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1063, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $3,301,000
Prior Biennia (Expenditures) $6,903,000
Future Biennia (Projected Costs) $0
TOTAL $10,204,000
NEW SECTION. Sec. 1022. FOR THE DEPARTMENT OF COMMERCE
Building Communities Fund Grants (30000188)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1072, chapter 19, Laws of 2013 2nd sp. sess. provided that the "New Life CDA" project may be combined with the "New Life Community Development Agency" project in project number 30000185.
Reappropriation:
State Building Construction Account—State $2,692,000
Prior Biennia (Expenditures) $2,587,000
Future Biennia (Projected Costs) $0
TOTAL $5,279,000
NEW SECTION. Sec. 1023. FOR THE DEPARTMENT OF COMMERCE
Drinking Water State Revolving Fund Loan Program (30000189)
The reappropriations in this section are subject to the following conditions and limitations: For projects involving repair, replacement, or improvement of a clean water infrastructure facility or other public works facility for which an investment grade efficiency audit is obtainable, the public works board must require as a contract condition that the project sponsor undertake an investment grade efficiency audit. The project sponsor may finance the costs of the audit as part of its drinking water state revolving fund program loan.
Reappropriation:
Drinking Water Assistance Account—State $4,400,000
Drinking Water Assistance Repayment Account—
State $200,000,000
Subtotal Reappropriation $204,400,000
Prior Biennia (Expenditures) $8,800,000
Future Biennia (Projected Costs) $0
TOTAL $213,200,000
NEW SECTION. Sec. 1024. FOR THE DEPARTMENT OF COMMERCE
Community Economic Revitalization Board (30000190)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1070, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Public Facility Construction Loan Revolving Account—
State $5,052,000
Prior Biennia (Expenditures) $3,948,000
Future Biennia (Projected Costs) $0
TOTAL $9,000,000
NEW SECTION. Sec. 1025. FOR THE DEPARTMENT OF COMMERCE
Weatherization (30000192)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1076, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $4,291,000
Prior Biennia (Expenditures) $15,709,000
Future Biennia (Projected Costs) $0
TOTAL $20,000,000
NEW SECTION. Sec. 1026. FOR THE DEPARTMENT OF COMMERCE
2013-2015 Energy Efficiency Grants (30000193)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1075, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $21,714,000
Prior Biennia (Expenditures) $3,286,000
Future Biennia (Projected Costs) $0
TOTAL $25,000,000
NEW SECTION. Sec. 1027. FOR THE DEPARTMENT OF COMMERCE
Local and Community Projects (20084001)
Reappropriation:
State Building Construction Account—State $113,000
Prior Biennia (Expenditures) $127,577,000
Future Biennia (Projected Costs) $0
TOTAL $127,690,000
NEW SECTION. Sec. 1028. FOR THE DEPARTMENT OF COMMERCE
Renton Aerospace Training Center (30000724)
Reappropriation:
State Building Construction Account—State $10,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $10,000,000
NEW SECTION. Sec. 1029. FOR THE DEPARTMENT OF COMMERCE
Weatherization (91000247)
Reappropriation:
State Taxable Building Construction Account—State
$5,313,000
Prior Biennia (Expenditures) $19,687,000
Future Biennia (Projected Costs) $0
TOTAL $25,000,000
NEW SECTION. Sec. 1030. FOR THE DEPARTMENT OF COMMERCE
ARRA SEP Revolving Loans (30000725)
Appropriation:
Energy Recovery Act Account—State $2,500,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $10,000,000
TOTAL $12,500,000
NEW SECTION. Sec. 1031. FOR THE DEPARTMENT OF COMMERCE
Building for the Arts Program (30000731)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is subject to the provisions of RCW 43.63A.750.
(2) The appropriation is provided solely for the following list of projects:
Spokane children's theatre $18,000
New music facilities at Seattle center $1,000,000
Admiral theatre renovation 2.0 $100,000
Kirkland arts center - capital improvements project
$48,000
Uniontown creativity center addition and site
improvements $123,000
San Juan islands museum of art $650,000
KidsQuest children's museum - good to grow capital
campaign $2,000,000
Cornish playhouse $232,000
ACT theatre eagles auditorium restoration and renovation
$303,000
Music works northwest park 118 building renovation
$64,000
TOTAL $4,538,000
Appropriation:
State Building Construction Account—State $4,538,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $21,600,000
TOTAL $26,138,000
NEW SECTION. Sec. 1032. FOR THE DEPARTMENT OF COMMERCE
Youth Recreational Facilities Program (30000792)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is subject to the provisions of RCW 43.63A.135.
(2) The appropriation is provided solely for the following list of projects:
Youth activity wing at the Tom Taylor family YMCA
$515,000
BGCB main club project $1,200,000
BGCB hidden valley fieldhouse project $1,200,000
Sultan boys & girls club $340,000
Stanwood-Camano family YMCA $1,200,000
YMCA camp Terry environmental recreation center
$500,000
Mukilteo boys & girls club $1,200,000
Lummi youth wellness center renovation project
$1,200,000
TOTAL $7,355,000
Appropriation:
State Building Construction Account—State $7,355,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $13,600,000
TOTAL $20,955,000
NEW SECTION. Sec. 1033. FOR THE DEPARTMENT OF COMMERCE
Building Communities Fund Program (30000803)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is subject to the provisions of RCW 43.63A.125.
(2) The appropriation is provided solely for the following list of projects:
Rainier Beach urban farm and wetlands $307,000
Whatcom county emergency food hub $575,000
Hopelink Redmond integrated services center $2,400,000
Riverside drive building purchase $138,000
Centerforce $98,000
Eritrean association community kitchen $58,000
Tonasket food bank building acquisition $22,000
Building for the future $300,000
Entiat Valley community services resource center
$100,000
Pike market neighborhood center $500,000
Opportunity council renovation project $170,000
FareStart facility expansion to the Pacific tower $438,000
Walla Walla community teen center $475,000
El Centro de la Raza community access & parking
improvements $600,000
Good ground capital campaign $300,000
Renewed hope capital campaign $66,000
Casa latina: A home for opportunity $150,000
Centerstone building renovation $1,500,000
PSRS office building conversion $212,000
Prairie oaks $200,000
Leschi center renovation $1,000,000
TOTAL $9,609,000
Appropriation:
State Building Construction Account—State $9,609,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $40,000,000
TOTAL $49,609,000
NEW SECTION. Sec. 1034. FOR THE DEPARTMENT OF COMMERCE
Housing Trust Fund Appropriation (30000833)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is provided solely for the department to award loans and grants on a competitive basis to affordable housing projects statewide that will produce, at a minimum, a total of 1,640 homes and 100 seasonal beds, in the following categories and amounts:
(a) For people with chronic mental illness, 275 homes;
(b) For homeless families with children or families with children at risk of homelessness, 500 homes;
(c) For people with disabilities, developmental disabilities, veterans, and others, 275 homes; of that number, a minimum of 100 must be for veterans;
(d) For homeless youth, 100 homes;
(e) For farmworkers, 100 homes and 100 seasonal beds;
(f) For seniors, 240 homes;
(g) For homes provided through home ownership programs, 150 homes.
(2) If upon review of completed applications, the department determines there are not adequate suitable projects in a category, the department may allocate funds to projects serving other low-income and special needs populations; however, those projects are located in an area with an identified need for the type of housing proposed.
(3) Grants for homes for families with children specified in subsection (1)(b) of this section must be for projects for which the affordable housing organization has developed agreements with the local school district to support school district recommended activities to improve educational outcomes for students living in the affordable housing facility. The agreements must include specific expectations of the parent or guardian to support the child's education.
Appropriation:
State Taxable Building Construction Account—State
$65,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $300,000,000
TOTAL $365,000,000
NEW SECTION. Sec. 1035. FOR THE DEPARTMENT OF COMMERCE
2015-2017 Community Economic Revitalization Board Program (30000834)
Appropriation:
Public Facility Construction Loan Revolving Account—
State $10,600,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $28,000,000
TOTAL $38,600,000
NEW SECTION. Sec. 1036. FOR THE DEPARTMENT OF COMMERCE
Energy Efficiency Grants (92000244)
The appropriation in this section is subject to the following conditions and limitations:
(1)(a) $24,500,000 for fiscal year 2016 is provided solely for grants to be awarded in competitive rounds to local agencies, public higher education institutions, and state agencies for operational cost savings improvements to facilities and related projects that result in energy and operational cost savings, and for energy efficiency improvements to minor works and stand-alone projects at state-owned facilities that repair or replace existing building systems including but not limited to HVAC, lighting, insulation, windows, and other mechanical systems. Eligibility for this funding is dependent on an analysis using the office of financial management's life cycle cost tool that compares project design alternatives for initial and long-term cost-effectiveness. Assuming a reasonable return on investment, the cost to improve the project's energy efficiency compared to the original project request will be added to the project appropriation after construction bids are received. The department of commerce shall coordinate with the office of financial management to develop a process for project submittal, review, approval criteria, tracking project budget adjustments, and performance measures.
(b) At least ten percent of each competitive grant round must be awarded to small cities or towns with a population of five thousand or fewer residents.
(c) In each competitive round, the higher the leverage ratio of nonstate funding sources to state grant and the higher the energy savings, the higher the project ranking.
(2) $500,000 is provided solely for resource conservation managers in the department of enterprise services to coordinate with state agencies to assess and adjust existing building systems and operations to optimize the efficiency in use of energy and other resources in state-owned facilities. The department of commerce will oversee an interagency agreement with the department of enterprise services to fund the resource conservation managers.
Appropriation:
State Building Construction Account—State $25,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $25,000,000
NEW SECTION. Sec. 1037. FOR THE DEPARTMENT OF COMMERCE
Weatherization Matchmaker Program (30000838)
Appropriation:
State Building Construction Account—State $20,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $60,000,000
TOTAL $80,000,000
NEW SECTION. Sec. 1038. FOR THE DEPARTMENT OF COMMERCE
2015-2017 Drinking Water State Revolving Fund Loan Program (30000840)
The appropriations in this section are subject to the following conditions and limitations:
(1) $4,400,000 of the drinking water assistance account for fiscal year 2016 and $4,400,000 of the drinking water assistance account for fiscal year 2017 is provided as state match for federal safe drinking water funds.
(2) For projects involving repair, replacement, or improvement of a clean water infrastructure facility or other public works facility for which an investment grade efficiency audit is obtainable, the public works board must require as a contract condition that the project sponsor undertake an investment grade efficiency audit. The project sponsor may finance the costs of the audit as part of its drinking water state revolving fund program loan.
(3) The agency must encourage local government use of federally-funded drinking water infrastructure programs operated by the United States department of agriculture - rural development.
Appropriation:
Drinking Water Assistance Account—State $135,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $480,000,000
TOTAL $615,000,000
NEW SECTION. Sec. 1039. FOR THE DEPARTMENT OF COMMERCE
Energy Efficiency Grants for Local Governments (91000241)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 301, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $1,732,000
Prior Biennia (Expenditures) $16,268,000
Future Biennia (Projected Costs) $0
TOTAL $18,000,000
NEW SECTION. Sec. 1040. FOR THE DEPARTMENT OF COMMERCE
Energy Efficiency Grants for Higher Education (91000242)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 307, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $5,077,000
Prior Biennia (Expenditures) $14,923,000
Future Biennia (Projected Costs) $0
TOTAL $20,000,000
NEW SECTION. Sec. 1041. FOR THE DEPARTMENT OF COMMERCE
Public Works Pre-Construction Loan Program (91000319)
Reappropriation:
Public Works Assistance Account—State $767,000
Prior Biennia (Expenditures) $2,233,000
Future Biennia (Projected Costs) $0
TOTAL $3,000,000
NEW SECTION. Sec. 1042. FOR THE DEPARTMENT OF COMMERCE
Housing for Families with Children (91000409)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 310, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State
$2,472,000
Prior Biennia (Expenditures) $5,778,000
Future Biennia (Projected Costs) $0
TOTAL $8,250,000
NEW SECTION. Sec. 1043. FOR THE DEPARTMENT OF COMMERCE
Housing for Seniors and People with Physical Disabilities (91000411)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 311, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State
$4,350,000
Prior Biennia (Expenditures) $5,316,000
Future Biennia (Projected Costs) $0
TOTAL $9,666,000
NEW SECTION. Sec. 1044. FOR THE DEPARTMENT OF COMMERCE
Housing for People with Chronic Mental Illness (91000412)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1010, chapter 2, Laws of 2012 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State
$190,000
Prior Biennia (Expenditures) $935,000
Future Biennia (Projected Costs) $0
TOTAL $1,125,000
NEW SECTION. Sec. 1045. FOR THE DEPARTMENT OF COMMERCE
Housing for the Homeless (91000413)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1011, chapter 2, Laws of 2012 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State
$5,996,000
Prior Biennia (Expenditures) $22,948,000
Future Biennia (Projected Costs) $0
TOTAL $28,944,000
NEW SECTION. Sec. 1046. FOR THE DEPARTMENT OF COMMERCE
Housing for Farmworkers (91000414)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1012, chapter 2, Laws of 2012 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State
$5,160,000
Prior Biennia (Expenditures) $1,055,000
Future Biennia (Projected Costs) $0
TOTAL $6,215,000
NEW SECTION. Sec. 1047. FOR THE DEPARTMENT OF COMMERCE
Housing for People At Risk of Homelessness (91000415)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 312, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State
$959,000
Prior Biennia (Expenditures) $1,541,000
Future Biennia (Projected Costs) $0
TOTAL $2,500,000
NEW SECTION. Sec. 1048. FOR THE DEPARTMENT OF COMMERCE
Housing for Low-Income Households (91000416)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1013, chapter 2, Laws of 2012 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State
$2,689,000
Prior Biennia (Expenditures) $293,000
Future Biennia (Projected Costs) $0
TOTAL $2,982,000
NEW SECTION. Sec. 1049. FOR THE DEPARTMENT OF COMMERCE
2012 Local and Community Projects (91000417)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 302, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $1,889,000
Prior Biennia (Expenditures) $7,734,000
Future Biennia (Projected Costs) $0
TOTAL $9,623,000
NEW SECTION. Sec. 1050. FOR THE DEPARTMENT OF COMMERCE
Local and Community Projects 2012 (91000437)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1003, chapter 2, Laws of 2012 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State
$1,800,000
Prior Biennia (Expenditures) $1,035,000
Future Biennia (Projected Costs) $0
TOTAL $2,835,000
NEW SECTION. Sec. 1051. FOR THE DEPARTMENT OF COMMERCE
Pacific Medical Center (91000445)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for window repair, replacement, and weatherization.
Reappropriation:
State Taxable Building Construction Account—State
$2,405,000
State Building Construction Account—State $9,818,000
Subtotal Reappropriation $12,223,000
Prior Biennia (Expenditures) $7,777,000
Future Biennia (Projected Costs) $0
TOTAL $20,000,000
NEW SECTION. Sec. 1052. FOR THE DEPARTMENT OF COMMERCE
Sand Point Building 9 (91000446)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1068, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State
$9,802,000
Prior Biennia (Expenditures) $4,198,000
Future Biennia (Projected Costs) $0
TOTAL $14,000,000
NEW SECTION. Sec. 1053. FOR THE DEPARTMENT OF COMMERCE
Mental Health Beds (91000447)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1071, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $3,644,000
Prior Biennia (Expenditures) $1,356,000
Future Biennia (Projected Costs) $0
TOTAL $5,000,000
NEW SECTION. Sec. 1054. FOR THE DEPARTMENT OF COMMERCE
Housing for Homeless Veterans (91000455)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1065, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State
$9,001,000
Prior Biennia (Expenditures) $366,000
Future Biennia (Projected Costs) $0
TOTAL $9,367,000
NEW SECTION. Sec. 1055. FOR THE DEPARTMENT OF COMMERCE
Housing for Farmworkers (91000457)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1066, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State
$19,723,000
Prior Biennia (Expenditures) $7,327,000
Future Biennia (Projected Costs) $0
TOTAL $27,050,000
NEW SECTION. Sec. 1056. FOR THE DEPARTMENT OF COMMERCE
Housing for People with Developmental Disabilities (91000458)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1067, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State
$6,392,000
Prior Biennia (Expenditures) $2,627,000
Future Biennia (Projected Costs) $0
TOTAL $9,019,000
NEW SECTION. Sec. 1057. FOR THE DEPARTMENT OF COMMERCE
Housing for People with Chronic Mental Illness (91000459)
Reappropriation:
State Taxable Building Construction Account—State
$5,735,000
Prior Biennia (Expenditures) $329,000
Future Biennia (Projected Costs) $0
TOTAL $6,064,000
NEW SECTION. Sec. 1058. FOR THE DEPARTMENT OF COMMERCE
Public Works Assistance Account Project Backfill (91000581)
Reappropriation:
State Building Construction Account—State $3,263,000
Prior Biennia (Expenditures) $154,737,000
Future Biennia (Projected Costs) $0
TOTAL $158,000,000
NEW SECTION. Sec. 1059. FOR THE DEPARTMENT OF COMMERCE
Clean Energy and Energy Freedom Program (91000582)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 1074, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Energy Recovery Act Account—State $4,000,000
State Taxable Building Construction Account—State
$8,924,000
State Building Construction Account—State $19,069,000
Subtotal Reappropriation $31,993,000
Prior Biennia (Expenditures) $8,007,000
Future Biennia (Projected Costs) $0
TOTAL $40,000,000
NEW SECTION. Sec. 1060. FOR THE DEPARTMENT OF COMMERCE
Innovation Partnership Zones - Facilities and Infrastructure (92000089)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 309, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $3,725,000
Prior Biennia (Expenditures) $9,795,000
Future Biennia (Projected Costs) $0
TOTAL $13,520,000
NEW SECTION. Sec. 1061. FOR THE DEPARTMENT OF COMMERCE
Community Economic Revitalization Board Administered Economic Development, Innovation, and Export Grants (92000096)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 304, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $4,267,000
Public Works Assistance Account—State $14,595,000
Subtotal Reappropriation $18,862,000
Prior Biennia (Expenditures) $13,736,000
Future Biennia (Projected Costs) $0
TOTAL $32,598,000
NEW SECTION. Sec. 1062. FOR THE DEPARTMENT OF COMMERCE
Main Street Improvement Grants (92000098)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 305, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
Public Works Assistance Account—State $355,000
State Building Construction Account—State $3,115,000
Subtotal Reappropriation $3,470,000
Prior Biennia (Expenditures) $11,380,000
Future Biennia (Projected Costs) $0
TOTAL $14,850,000
NEW SECTION. Sec. 1063. FOR THE DEPARTMENT OF COMMERCE
Brownfield Redevelopment Grants (92000100)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation in this section is provided solely for redevelopment of the Bellingham waterfront.
Reappropriation:
Local Toxics Control Account—State $1,194,000
Prior Biennia (Expenditures) $306,000
Future Biennia (Projected Costs) $0
TOTAL $1,500,000
NEW SECTION. Sec. 1064. FOR THE DEPARTMENT OF COMMERCE
Port and Export Related Infrastructure (92000102)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 306, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $13,603,000
Prior Biennia (Expenditures) $19,547,000
Future Biennia (Projected Costs) $0
TOTAL $33,150,000
NEW SECTION. Sec. 1065. FOR THE DEPARTMENT OF COMMERCE
Projects for Jobs and Economic Development (92000151)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 1077, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Public Facility Construction Loan Revolving
Account—State $7,100,000
State Building Construction Account—State $22,256,000
Subtotal Reappropriation $29,356,000
Prior Biennia (Expenditures) $7,753,000
Future Biennia (Projected Costs) $0
TOTAL $37,109,000
NEW SECTION. Sec. 1066. FOR THE DEPARTMENT OF COMMERCE
Projects that Strengthen Youth and Families (92000227)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1079, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $12,695,000
Prior Biennia (Expenditures) $6,982,000
Future Biennia (Projected Costs) $0
TOTAL $19,677,000
NEW SECTION. Sec. 1067. FOR THE DEPARTMENT OF COMMERCE
Projects that Strengthen Communities and Quality of Life (92000230)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 1078, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Environmental Legacy Stewardship Account—State
$395,000
State Building Construction Account—State $23,372,000
Subtotal Reappropriation $23,767,000
Prior Biennia (Expenditures) $9,361,000
Future Biennia (Projected Costs) $0
TOTAL $33,128,000
NEW SECTION. Sec. 1068. FOR THE DEPARTMENT OF COMMERCE
Building Communities Fund Grants (30000102)
Reappropriation:
State Building Construction Account—State $1,534,000
Prior Biennia (Expenditures) $12,830,000
Future Biennia (Projected Costs) $0
TOTAL $14,364,000
NEW SECTION. Sec. 1069. FOR THE DEPARTMENT OF COMMERCE
Grants to Improve Safety and Access at Fairs (92000245)
Appropriation:
State Building Construction Account—State $3,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $3,000,000
NEW SECTION. Sec. 1070. FOR THE DEPARTMENT OF COMMERCE
Local Government Infrastructure Grants (92000246)
The appropriations in this section are subject to the following conditions and limitations:
(1) The department may not expend the appropriations in this section unless and until the nonstate share of project costs have been either expended, or firmly committed, or both, in an amount sufficient to complete the project or a distinct phase of the project that is useable to the public for the purpose intended by the legislature. This requirement does not apply to projects where a share of the appropriation is released for design costs only.
(2) Prior to receiving funds, project recipients must demonstrate that the project site is under control for a minimum of ten years, either through ownership or a long-term lease. This requirement does not apply to appropriations for preconstruction activities or appropriations whose sole purpose is to purchase real property that does not include a construction or renovation component.
(3) Projects funded in this section may be required to comply with Washington's high performance building standards as required by chapter 39.35D RCW.
(4) Project funds are available on a reimbursement basis only, and shall not be advanced under any circumstances.
(5) Projects funded in this section must be held by the recipient for a minimum of ten years and used for the same purpose or purposes intended by the legislature as required in RCW 43.63A.125(6).
(6) Projects funded in this section, including those that are owned and operated by nonprofit organizations, are generally required to pay state prevailing wages.
(7) The appropriation is provided solely for the following list of projects:
Basin 3 sewer rehabilitation $1,500,000
Bonney Lake SR 410 - 214th Ave E intersection
improvements $5,200,000
Brewster reservoir replacement $1,500,000
Camas NW 6th Ave rehabilitation $1,900,000
City of Olympia - Percival landing renovation $1,000,000
City of Pateros water system $2,175,000
Cross Kirkland corridor trail connection 52nd St
$1,069,000
Duvall SR 203 safety improvements & road reconstruction Coe
Clemens creek $1,500,000
Grays Harbor navigation improvement project $4,500,000
Kahlotus highway sewer force main $2,500,000
Kelso Yew street reconstruction $1,410,000
Kennewick southridge area infrastructure development
$4,000,000
Longview Washington way bridge replacement
$1,380,000
Main street revitalization project $1,800,000
Marine terminal rail investments $1,000,000
Mason county Belfair wastewater system rate relief
$1,500,000
Oak Harbor clean water facility $2,500,000
Okanogan emergency communications $400,000
Othello SR 24 industrial area sewer system improvements $3,000,000
Port of Sunnyside demolish the Carnation building
$450,000
Quincy water reuse $2,000,000
Redmond downtown park $3,000,000
Redondo boardwalk repairs $2,000,000
Rockford wastewater treatment $1,200,000
Snoqualmie riverfront project, phase 1 $1,520,000
South 228th street inter-urban trail connector $500,000
Steilacoom sentinel way repairs $450,000
Sunland water district water metering $325,000
Tulalip water pipeline, (final of 8 segments) $1,000,000
Vancouver, Columbia waterfront project $2,500,000
Waitsburg main street bridge replacement $1,700,000
Walla Walla AMI water meter replacement $3,000,000
Water reservoir and transmission main $500,000
White River restoration project $850,000
WSU LID frontage - local and economic benefits
$500,000
Total $61,329,000
Appropriation:
State Building Construction Account—State $61,329,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $61,329,000
NEW SECTION. Sec. 1071. FOR THE DEPARTMENT OF COMMERCE
Grant for Communities (92000283)
The appropriations in this section are subject to the following conditions and limitations:
(1) The department may not expend the appropriations in this section unless and until the nonstate share of project costs have been either expended, or firmly committed, or both, in an amount sufficient to complete the project or a distinct phase of the project that is useable to the public for the purpose intended by the legislature. This requirement does not apply to projects where a share of the appropriation is released for design costs only.
(2) Prior to receiving funds, project recipients must demonstrate that the project site is under control for a minimum of ten years, either through ownership or a long-term lease. This requirement does not apply to appropriations for preconstruction activities or appropriations whose sole purpose is to purchase real property that does not include a construction or renovation component.
(3) Projects funded in this section may be required to comply with Washington's high performance building standards as required by chapter 39.35D RCW.
(4) Project funds are available on a reimbursement basis only, and shall not be advanced under any circumstances.
(5) Projects funded in this section must be held by the recipient for a minimum of ten years and used for the same purpose or purposes intended by the legislature as required in RCW 43.63A.125(6).
(6) Projects funded in this section, including those that are owned and operated by nonprofit organizations, are generally required to pay state prevailing wages.
(7) The appropriations for the Lake Chelan land use plan is provided for costs relating to conducting a facilitated community process regarding future land uses for agriculture, tourism, recreation, residential, commercial, and other uses around Lake Chelan. This appropriation requires that at least $75,000 in additional funds be secured as matching funds for this purpose. The facilitated community process must include broad public and stakeholder participation.
(8) $1,500,000 of the appropriation in this section is provided solely for the Fairchild air force base protection and community empowerment project. Of that amount, $200,000 is provided for the purchase of twenty acres of land for development of affordable housing. The remaining $1,300,000 is provided for the county's purchase of mobile home parks in order to reduce the use of the accident potential zone for residential purposes. If the county subsequently rezones, develops, and leases the mobile home park property for commercial or industrial uses contrary to the allowed uses in the accident potential zone, the county must repay to the state the $1,300,000 appropriation in its entirety within ten years.
(9) The appropriation is provided solely for the following list of projects:
All-accessible destination playground $500,000
Bellevue downtown park inspiration playground and Sensory
Garden Project $1,000,000
Brookville gardens $1,200,000
Carnegie library improvements for the rapid recidivism
reduction program $500,000
Cavelero park - regional park facility/skateboard park
$500,000
CDM caregiving services: Clark county aging resource
center $1,200,000
Chambers creek regional park pier extension and moorage $1,000,000
City of La Center parks & rec community center
$1,500,000
Classroom door barricade-nightlock $45,000
Corbin senior center elevator $50,000
Dekalb street pier $500,000
Dr. Sun Yat Sen memorial statue $10,000
Drug abuse and prevention center - Castle Rock $96,000
Mukilteo tank farm clean-up $250,000
Edmonds senior & community center $1,000,000
Fairchild air force base protection and community
empowerment project $1,500,000
Federal Way PAC center $750,000
Algona senior center $500,000
Pacific community center $250,000
Filipino community of Seattle village (innovative learning
center) $1,200,000
Gilda club repairs $800,000
Gordon family YMCA $2,000,000
Granite Falls boys & girls $1,000,000
Historic renovation Maryhill museum $1,047,000
Kent east hill YMCA $500,000
Lake Chelan land use plan $75,000
LeMay car museum ADA access improvements $500,000
Lyman city park renovation $167,000
McAllister museum $660,000
Mercy housing and health center at Sand Point $1,250,000
Meridian center for health $2,500,000
Mountains to Sound Greenway Tiger mountain state forest
access improvements $300,000
Mukilteo boys & girls club $800,000
New Shoreline medical-dental clinic $1,500,000
Nordic heritage museum $2,000,000
North Kitsap fishline food bank $500,000
Northwest native canoe center project $250,000
Opera house ADA elevator $357,000
Orcas Island library expansion $1,400,000
Perry technical school $1,000,000
Port of Centralia - Centralia station phase 2 $500,000
Renovate senior center $400,000
Support, advocacy & resource center for victims of
violence $750,000
SE Seattle financial & economic opportunity center
$2,000,000
SeaTac international marketplace & transit-oriented
community $750,000
Spokane women's club $300,000
Stan & Joan Cross park $1,000,000
Stilly Valley youth project Arlington B&G club
$2,242,000
Sunset neighborhood park $1,500,000
The salvation army Clark county: Corps community center $1,200,000
Twin bridges museum rehab Lyle Wa $65,000
Thurston county food bank phase 2 $500,000
Tri-tech skills center core growth $325,000
Vantage point senior apartments $2,000,000
Veteran shelter at surplus western state hospital
building $600,000
Washougal roof repair $350,000
Yakima SunDome $2,500,000
Yelm community center $500,000
Yelm senior center $80,000
Youth wellness campus gymnasium renovation
$1,000,000
Total $50,719,000
Appropriation:
State Building Construction Account—State $50,719,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $50,719,000
NEW SECTION. Sec. 1072. FOR THE DEPARTMENT OF COMMERCE
Community Behavioral Health Bed - Acute & Residential (92000344)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is provided solely for the department of commerce, in collaboration with the department of social and health services, to issue grants to hospitals or other entities to establish new community hospital inpatient psychiatric beds, free-standing evaluation and treatment facilities, enhanced services facilities, triage facilities, or crisis stabilization facilities with sixteen or fewer beds for the purpose of providing short-term detention services through the publicly funded mental health system. Funds may be used for construction and equipment costs associated with establishment of the community hospital inpatient psychiatric beds, free-standing evaluation and treatment facilities, enhanced services facilities, triage facilities, or crisis stabilization facilities. These funds may not be used for operating costs associated with the treatment of patients using these services. The department shall establish criteria and requirements for the issuance of grants and priority must be given to those proposals to establish new community hospital inpatient psychiatric beds or free-standing evaluation and treatment facilities in areas of the state with the greatest unmet need for acute mental health treatment services. The criteria must include:
(a) Evidence that the application was developed in collaboration with one or more regional support networks, as defined in RCW 71.24.025;
(b) Evidence that the applicant has assessed and would meet gaps in geographical access to short-term detention services under chapter 71.05 RCW in their region;
(c) A commitment by applicants to serve persons who are publicly funded and persons detained under the involuntary treatment act under chapter 71.05 RCW;
(d) A commitment by the applicant to maintain the beds or facility for at least a ten-year period;
(e) The date upon which structural modifications or construction would begin and the anticipated date of completion of the project;
(f) A detailed estimate of the costs associated with opening the beds; and
(g) The applicant's commitment to work with local courts and prosecutors to ensure that prosecutors and courts in the area served by the hospital or facility will be available to conduct involuntary commitment hearings and proceedings under chapter 71.05 RCW.
(2) To accommodate the emergent need for inpatient psychiatric services, the department of health and the department of commerce, in collaboration with the department of social and health services shall establish a concurrent and expedited process for the purpose of grant applicants meeting any applicable regulatory requirements necessary to operate inpatient psychiatric beds, free-standing evaluation and treatment facilities, enhanced services facilities, triage facilities, or crisis stabilization facilities.
(3) $18,000,000 is provided for the following list of projects:
Cascade mental health $3,000,000
Woodmont recovery center $5,000,000
Parkside conversion to behavioral health beds $4,000,000
Navos behavioral health center for children, youth &
families $2,000,000
Central Washington comprehensive mental health
$2,000,000
Multicare-Fransciscan joint venture $2,000,000
Appropriation:
State Building Construction Account—State $30,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $30,000,000
NEW SECTION. Sec. 1073. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Cowlitz River Dredging (20082856)
Reappropriation:
State Building Construction Account—State $246,000
Prior Biennia (Expenditures) $1,254,000
Future Biennia (Projected Costs) $0
TOTAL $1,500,000
NEW SECTION. Sec. 1074. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Catastrophic Flood Relief (20084850)
The appropriation in this section is subject to the following conditions and limitations:
(1) Up to $26,800,000 of the appropriation is for advancing the long-term strategy for the Chehalis basin projects to reduce flood damage and restore aquatic species including a programmatic environmental impact statement, data collection, engineering design of future construction projects, feasibility analysis, and engagement of state agencies, tribes, and other parties.
(2) Up to $23,200,000 of the appropriation is for construction of local priority flood protection and habitat restoration projects.
(3) Up to one percent of the appropriation provided in this section may be used by the recreation and conservation office to administer contracts associated with the subprojects funded through this section. Contract administration includes, but is not limited to: Drafting and amending contracts, reviewing and approving invoices, tracking expenditures, and performing field inspections to assess project status when conducting similar assessments related to other agency contracts in the same geographic area.
Reappropriation:
State Building Construction Account—State $12,484,000
Appropriation:
State Building Construction Account—State $50,000,000
Prior Biennia (Expenditures) $25,203,000
Future Biennia (Projected Costs) $120,000,000
TOTAL $207,687,000
NEW SECTION. Sec. 1075. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Statewide Master Plan for Museums and Historical Societies (30000044)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is provided solely for developing a master plan for museums and research facilities to address the statewide need for providing storage, research, and display space for collections of art and artifacts, archaeological research materials, DNA tissue samples, tribal artifacts, and other related items of an historical nature.
(2) The office of financial management will identify the following: (a) Types of space needed to store, research, and display items and collections depending on types of items; (b) an inventory of existing spaces that the state may utilize to fill storage, research, and display needs; (c) recommendations regarding the highest and best use of the capital museum in Olympia; (d) collections and other state assets that may be divested or transferred to more appropriate entities for storage, research, and display; (e) database systems used or needed to inventory collections of items of an historical nature and the ability to display those collections on the internet; and (f) other items related to the storage, research, and display of collections of an historical nature.
(3) The office of the financial management or its contractor must consult with the following agencies in developing the statewide master plan for museums and research centers: (a) The Washington state historical society; (b) state parks and recreation; (c) the burke museum; (d) the eastern Washington state historical society; and (e) other entities as necessary.
(4) The office of financial management must present the statewide museum master plan to the house of representatives capital budget committee and the senate ways and means committee by December 31, 2015.
Appropriation:
Enterprise Services Account—State $250,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $250,000
NEW SECTION. Sec. 1076. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Office of Financial Management Capital Budget Staff (30000045)
Appropriation:
State Building Construction Account—State $1,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $4,000,000
TOTAL $5,000,000
NEW SECTION. Sec. 1077. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Oversight of State Facilities (30000046)
Appropriation:
State Building Construction Account—State $2,080,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $8,320,000
TOTAL $10,400,000
NEW SECTION. Sec. 1078. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Construction Contingency Pool (90000300)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for construction projects that confront emergent and unavoidable costs in excess of the construction contingency included in the project appropriation. For requests occurring during a legislative session, an agency must notify the legislative fiscal committees before requesting contingency funds from the office of financial management. Eligible agencies that may apply to the pool include higher education institutions, the department of corrections, the department of social and health services, the department of enterprise services, the criminal justice training commission, the department of veterans affairs, and the department of fish and wildlife. Eligible construction projects are only projects that had cost reductions as kept on file with the office of financial management. The office of financial management must notify the legislative evaluation and accountability program committee, the house capital budget committee, and senate ways and means committee as projects are approved for funding.
Appropriation:
State Building Construction Account—State $8,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $8,000,000
NEW SECTION. Sec. 1079. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Emergency Repairs (90000301)
The appropriation in this section is subject to the following conditions and limitations: Emergency repair funding is provided solely to address unexpected building or grounds failures that will impact public health and safety and the day-to-day operations of the facility. To be eligible for funds from the emergency repair pool, an emergency declaration signed by the affected agency director must be submitted to the office of financial management and the appropriate legislative fiscal committees. The emergency declaration must include a description of the health and safety hazard, the possible cause, the proposed scope of emergency repair work and related cost estimate, and identification of other funding that may be applied to the project. For emergencies occurring during a legislative session, an agency must notify the legislative fiscal committees before requesting emergency funds from the office of financial management. The office of financial management must notify the legislative evaluation and accountability program committee, the house capital budget committee, and senate ways and means committee as emergency projects are approved for funding.
Appropriation:
State Building Construction Account—State $5,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $5,000,000
NEW SECTION. Sec. 1080. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Emergency Repair Pool for K-12 Public Schools (90000302)
The appropriation in this section is subject to the following conditions and limitations: Emergency repair funding is provided solely to address unexpected and imminent health and safety hazards at K-12 public schools, including skill centers, that will impact the day-to-day operations of the school facility. To be eligible for funds from the emergency repair pool, an emergency declaration must be signed by the school district board of directors and the superintendent of public instruction, and submitted to the office of financial management for consideration. The emergency declaration must include a description of the imminent health and safety hazard, the possible cause, the proposed scope of emergency repair work and related cost estimate, and identification of local funding to be applied to the project. Grants of emergency repair moneys must be conditioned upon the written commitment and plan of the school district board of directors to repay the grant with any insurance payments or other judgments that may be awarded, if applicable. The office of financial management must notify the legislative evaluation and accountability program committee, the house capital budget committee, and the senate ways and means committee as emergency projects are approved for funding.
Appropriation:
State Building Construction Account—State $5,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $5,000,000
NEW SECTION. Sec. 1081. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Chehalis River Basin Flood Relief Projects (91000398)
Reappropriation:
State Building Construction Account—State $206,000
Prior Biennia (Expenditures) $4,794,000
Future Biennia (Projected Costs) $0
TOTAL $5,000,000
NEW SECTION. Sec. 1082. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Construction Contingency Pool (91000428)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1091, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $1,875,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,875,000
NEW SECTION. Sec. 1083. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Culverts in Three State Agencies (92000004)
Reappropriation:
State Building Construction Account—State $4,516,000
Prior Biennia (Expenditures) $2,484,000
Future Biennia (Projected Costs) $0
TOTAL $7,000,000
NEW SECTION. Sec. 1084. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Two Capital Studies - Equipment Benchmarks & School Space Survey (92000010)
The appropriation in this section is subject to the following conditions and limitations:
The appropriation is for the following capital budget studies:
(1) The office of financial management shall submit a higher education capital project equipment cost study to the governor and the appropriate legislative fiscal committees by December 1, 2015. The study must include benchmarks for standard ranges of fixed and nonfixed equipment expenditures in different types of facilities, an examination of alternatives for financing equipment costs where the equipment has a life expectancy that is less than the length of bond financing. The alternative analysis must include a life-cycle cost analysis of the competing alternatives to determine the most cost-effective options to the state bond and general fund budget.
(2)(a) The office of financial management must submit a report to the governor, the office of the superintendent of public instruction and the appropriate committees of the legislature by September 1, 2016, regarding the space allocations in public schools. The report must show the results of a survey of actual square footage in a significant stratified sample of public schools.
(b) The survey must determine actual square footage devoted to:
(i) Classrooms including, but not limited to, labs, shops, computer rooms, art, and music classrooms. For this purpose, a music classroom is not a room designed to seat an audience;
(ii) Libraries;
(iii) Cafeteria and kitchen space;
(iv) Gymnasiums, locker rooms, and other indoor athletic facilities;
(v) Auditoriums and other performing arts space;
(vi) Administrative offices, and space used primarily by staff; and
(vii) Bathrooms, general circulation, mechanical rooms, and the balance of the total facility square footage;
(b) The survey must sample a valid sample of:
(i) Elementary, middle, and high schools;
(ii) In urban, suburban, and rural communities;
(iii) In districts with low, average, and high property values; and
(iv) Schools of various ages.
(3) The survey may access school mapping data if square footage can accurately be determined.
(4) The survey results must be compared to data in the inventory and condition of schools system maintained by the office of the superintendent of public instruction. A report of significant variance between the two sets of data must be included in the report and the inventory and condition of schools must be corrected.
Appropriation:
State Building Construction Account—State $750,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $750,000
NEW SECTION. Sec. 1085. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Appropriations to Public Works Account for Previously Authorized Loans (92000011)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for expenditure into the public works assistance account—state. The office of financial management will consult with the state treasurer's office to determine the timing of the expenditures into the public works assistance account to return it to a positive balance and accommodate authorized expenditures and transfers from the account.
Appropriation:
State Building Construction Account—State $140,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $140,000,000
NEW SECTION. Sec. 1086. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
East Plaza - Water Infiltration and Elevator Repairs (30000548)
Reappropriation:
State Building Construction Account—State $500,000
Prior Biennia (Expenditures) $2,603,000
Future Biennia (Projected Costs) $0
TOTAL $3,103,000
NEW SECTION. Sec. 1087. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
NRB Garage Fire Suppression System Repairs (30000578)
Reappropriation:
State Building Construction Account—State $500,000
Prior Biennia (Expenditures) $1,738,000
Future Biennia (Projected Costs) $0
TOTAL $2,238,000
NEW SECTION. Sec. 1088. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Minor Works Preservation (30000635)
Reappropriation:
State Building Construction Account—State $1,477,000
Thurston County Capital Facilities Account—State
$501,000
Subtotal Reappropriation $1,978,000
Prior Biennia (Expenditures) $2,050,000
Future Biennia (Projected Costs) $0
TOTAL $4,028,000
NEW SECTION. Sec. 1089. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
NRB Garage Fire Suppression Systems and Critical Repairs (30000719)
Appropriation:
State Building Construction Account—State $8,077,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $1,516,000
TOTAL $9,593,000
NEW SECTION. Sec. 1090. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Highway License Building - Carpet Replacement (30000720)
Appropriation:
Thurston County Capital Facilities Account—State
$1,774,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,774,000
NEW SECTION. Sec. 1091. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Minor Works Preservation (30000722)
Appropriation:
Thurston County Capital Facilities Account—State
$379,000
State Building Construction Account—State $6,979,000
Subtotal Appropriation $7,358,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $19,000,000
TOTAL $26,358,000
NEW SECTION. Sec. 1092. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Old Capitol - Exterior and Interior Repairs (30000724)
Appropriation:
Thurston County Capital Facilities Account—State
$1,000,000
State Building Construction Account—State $2,000,000
Subtotal Appropriation $3,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $3,000,000
NEW SECTION. Sec. 1093. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Modular Building - Critical Repairs and Upgrades (30000725)
The appropriation in this section is provided solely for development of a plan that identifies the existing building deficiencies and recommended project specific improvements with cost estimates to be completed as funding becomes available. Urgent repairs to this building will be prioritized against the other projects in the department of enterprise services' minor works project list.
Appropriation:
Thurston County Capital Facilities Account—State
$100,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $100,000
NEW SECTION. Sec. 1094. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Dolliver - Critical Building Repairs (30000726)
The appropriation in this section is provided solely for development of a plan that identifies the existing building deficiencies and recommended project specific improvements with cost estimates to be completed as funding becomes available. Urgent repairs to this building will be prioritized against the other projects in the department of enterprise services' minor works project list.
Appropriation:
Enterprise Services Account—State $50,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $50,000
NEW SECTION. Sec. 1095. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
West Campus Historic Buildings Exterior Preservation (30000727)
Appropriation:
Thurston County Capital Facilities Account—State
$100,000
State Building Construction Account—State $3,860,000
Subtotal Appropriation $3,960,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $3,960,000
NEW SECTION. Sec. 1096. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Temple of Justice Building Systems Renewal and Upgrades (30000729)
Appropriation:
Thurston County Capital Facilities Account—State
$1,500,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,500,000
NEW SECTION. Sec. 1097. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Capitol Campus Heating Systems Repairs - Phase 1 (30000730)
Appropriation:
State Building Construction Account—State $2,727,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $2,727,000
NEW SECTION. Sec. 1098. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
East Campus Chilled Water Loop (30000735)
Appropriation:
State Building Construction Account—State $750,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $7,085,000
TOTAL $7,835,000
NEW SECTION. Sec. 1099. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Capitol Court Major Exterior and Building Systems Renewal (30000738)
The appropriation in this section is provided solely for development of a plan that identifies the existing building deficiencies and recommended project specific improvements with cost estimates to be completed as funding becomes available. Urgent repairs to this building will be prioritized against the other projects in the department of enterprise services' minor works project list.
Appropriation:
Enterprise Services Account—State $150,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $1,220,000
TOTAL $1,370,000
NEW SECTION. Sec. 1100. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Capitol Lake Longterm Management Planning (30000740)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is provided solely for the development of a conceptual plan for the future of Capitol Lake and the Deschutes Estuary that is designed to meet multiple objectives, including achieving broad community support and preliminary commitments from state and local funding sources to share costs. The appropriation must be used to develop a financially feasible conceptual plan, including general cost estimates, which incorporate, and achieve compromise between key features of the most widely discussed concepts.
(2) The plan must address these multiple objectives:
(a) Some improvement of estuary functions and fish habitat;
(b) Retention of portions of the northern portion of the lake, in accordance with the historic features of the Capitol campus design;
(c) Improvement of water quality of the lake sufficient to expand water-related recreation opportunities, which improvement strategies shall take into account information gathered to date through the department of ecology's Deschutes river TMDL study, storm water runoff from Interstate 5 and State Route No. 101, and from Olympia and Tumwater and Thurston county sources;
(d) A conceptual plan for shared financing of the plan between state and local agencies, based on both benefits received and liabilities contributed, potentially using the state's lake management district legislation as a model, together with an assessment of whether federal funds might be available; and
(e) A conceptual plan for shared governance.
(3) Public input must be sought as the plan is developed.
(4) The plan must be submitted to the state capitol committee and appropriate committees of the legislature by November 1, 2017.
Appropriation:
Enterprise Services Account—State $250,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $250,000
NEW SECTION. Sec. 1101. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Engineering and Architectural Services: Staffing (30000762)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is provided solely for architectural and engineering services to manage public works contracting for all state facilities pursuant to RCW 43.19.450.
(2) The service charge is increased from 2.15 percent to 2.27 percent of total project costs to reduce the number of projects assigned to each manager. The intended results of the increased fee are improved accountability, reduced project delays, and reduced the number and cost of change orders. At the end of each fiscal year, the department must report to the office of financial management and the fiscal committees of the legislature on performance improvements resulting from the increased management fee, including the following:
(a) The number of projects managed by each manager compared to previous biennia;
(b) Projects that were not completed on schedule and the reasons for delays; and
(c) The number and cost of the change orders and the reason for each change order.
(3) If the director of the department of enterprise services, in consultation with the office of financial management, determines that it is in the best interest of the state for the former northern state hospital property to be annexed by the city of Sedro-Woolley, the architect and engineering staff must prepare the appropriate documents to support such an annexation. The legislature confirms that the director has such authority under chapter 35A.14 RCW.
(4) From within the amount provided in the appropriation, the department must consult with one or more architectural firms with extensive experience with projects involving the renovation and reuse of historic buildings to develop conceptual options for the reuse and renovation of the general administration building. The department must submit a brief report on those conceptual options by December 1, 2015.
Appropriation:
State Building Construction Account—State $16,200,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $62,052,000
TOTAL $78,252,000
NEW SECTION. Sec. 1102. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Campus Steam System and Chiller Upgrades (91000014)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 1106, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Thurston County Capital Facilities Account—State
$1,074,000
State Building Construction Account—State $1,802,000
Subtotal Reappropriation $2,876,000
Prior Biennia (Expenditures) $1,121,000
Future Biennia (Projected Costs) $0
TOTAL $3,997,000
NEW SECTION. Sec. 1103. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Archives Building and Capitol Court HVAC Upgrades (91000015)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1107, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $70,000
Prior Biennia (Expenditures) $930,000
Future Biennia (Projected Costs) $0
TOTAL $1,000,000
NEW SECTION. Sec. 1104. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Update Predesign for Newhouse Replacement (92000009)
Appropriation:
State Building Construction Account—State $75,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $75,000
NEW SECTION. Sec. 1105. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Feasibility Study for Restoring Skylights in Legislative Building (92000010)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for a study to determine the feasibility and requirements of replacing the materials covering the original skylight openings that are located above the house of representatives and senate chambers in the legislative building with safety glass to allow as much natural light as possible into the chambers as originally intended. The study must determine the cost, including the relocation of existing equipment; the impact upon the sound, HVAC system(s) and light levels within each chamber; any other requirements needed to replace the materials with safety glass; and an estimated schedule needed for the work. The replacement glass must be of a quality that will provide for a reasonable assurance of safety in the event of an earthquake.
Appropriation:
State Building Construction Account—State $125,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $125,000
NEW SECTION. Sec. 1106. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Capitol Campus Utility Renewal Plan (92000012)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for assessing the current condition of underground utilities on the Capitol campus and developing a plan of renewal that stages the work so that the systems and segments at highest risk of failure are replaced or repaired in a sequence of work that is the most cost effective. The plan must be submitted to the appropriate committees of the legislature by October 1, 2016.
Appropriation:
State Building Construction Account—State $650,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $650,000
NEW SECTION. Sec. 1107. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Capital Furnishings Preservation Committee Projects (92000013)
Appropriation:
State Building Construction Account—State $68,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $68,000
NEW SECTION. Sec. 1108. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Expansion of Legislative Gift Center (92000014)
The appropriation in this section is provided solely for building modifications and space improvements required for the purpose of expanding the retail space allocated to the legislative gift center created in chapter 44.73 RCW in the legislative building. The department of enterprise services, the office of legislative support services and the senate shall cooperate to accomplish this expansion within the existing space allocations, up to and including the use of all or part of room 112, on the first floor of the legislative building no later than October 30, 2015.
Appropriation:
State Building Construction Account—State $150,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $150,000
NEW SECTION. Sec. 1109. FOR THE MILITARY DEPARTMENT
Pierce County Readiness Center (30000593)
Reappropriation:
Military Department Capital Account—State $2,758,000
State Building Construction Account—State $3,269,000
General Fund—Federal $24,876,000
Subtotal Reappropriation $30,903,000
Prior Biennia (Expenditures) $2,698,000
Future Biennia (Projected Costs) $0
TOTAL $33,601,000
NEW SECTION. Sec. 1110. FOR THE MILITARY DEPARTMENT
Thurston County Readiness Center (30000594)
Reappropriation:
State Building Construction Account—State $2,750,000
Appropriation:
State Building Construction Account—State $7,883,000
General Fund—Federal $34,207,000
Subtotal Appropriation $42,090,000
Prior Biennia (Expenditures) $50,000
Future Biennia (Projected Costs) $0
TOTAL $44,890,000
NEW SECTION. Sec. 1111. FOR THE MILITARY DEPARTMENT
Washington Youth Academy Platoon Dormitory (30000599)
Appropriation:
State Building Construction Account—State $3,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $3,000,000
NEW SECTION. Sec. 1112. FOR THE MILITARY DEPARTMENT
Minor Works Preservation - 2013-2015 Biennium (30000602)
Reappropriation:
State Building Construction Account—State $307,000
General Fund—Federal $1,082,000
Subtotal Reappropriation $1,389,000
Prior Biennia (Expenditures) $3,837,000
Future Biennia (Projected Costs) $2,500,000
TOTAL $7,726,000
NEW SECTION. Sec. 1113. FOR THE MILITARY DEPARTMENT
Minor Works Program - 2013-2015 Biennium (30000605)
Reappropriation:
General Fund—Federal $8,893,000
Prior Biennia (Expenditures) $4,032,000
Future Biennia (Projected Costs) $0
TOTAL $12,925,000
NEW SECTION. Sec. 1114. FOR THE MILITARY DEPARTMENT
Minor Works Preservation - 2015-2017 Biennium (30000702)
Appropriation:
State Building Construction Account—State $5,110,000
General Fund—Federal $7,488,000
Subtotal Appropriation $12,598,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $12,598,000
NEW SECTION. Sec. 1115. FOR THE MILITARY DEPARTMENT
Minor Works Program - 2015-2017 Biennium (30000744)
Appropriation:
State Building Construction Account—State $5,663,000
General Fund—Federal $15,953,000
Subtotal Appropriation $21,616,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $21,616,000
NEW SECTION. Sec. 1116. FOR THE MILITARY DEPARTMENT
Montesano Readiness Center Roof Replacement and Tenant Improvements (30000805)
Appropriation:
General Fund—Federal $1,500,000
State Building Construction Account—State $3,750,000
Subtotal Appropriation $5,250,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $5,250,000
NEW SECTION. Sec. 1117. FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION
Historic Courthouse Preservation Grants (92000001)
Reappropriation:
State Building Construction Account—State $1,696,000
Prior Biennia (Expenditures) $304,000
Future Biennia (Projected Costs) $0
TOTAL $2,000,000
NEW SECTION. Sec. 1118. FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION
Heritage Barn Preservation Program (92000002)
Reappropriation:
State Building Construction Account—State $256,000
Prior Biennia (Expenditures) $244,000
Future Biennia (Projected Costs) $0
TOTAL $500,000
NEW SECTION. Sec. 1119. FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION
Heritage Barn Preservation Program (30000009)
Appropriation:
State Building Construction Account—State $450,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $2,000,000
TOTAL $2,450,000
NEW SECTION. Sec. 1120. FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION
Historic County Courthouse Grants Program (30000010)
Appropriation:
State Building Construction Account—State $3,597,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $3,597,000
NEW SECTION. Sec. 1121. FOR THE CRIMINAL JUSTICE TRAINING COMMISSION
Omnibus Minor Works (30000017)
Appropriation:
State Building Construction Account—State $456,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $456,000
PART 2
HUMAN SERVICES
NEW SECTION. Sec. 2001. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Naselle Youth Camp-Three Cottages: Renovation (20081222)
Reappropriation:
State Building Construction Account—State $1,703,000
Prior Biennia (Expenditures) $197,000
Future Biennia (Projected Costs) $0
TOTAL $1,900,000
NEW SECTION. Sec. 2002. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Western State Hospital New Kitchen and Commissary Building (20081319)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for construction of the new kitchen, pharmacy, medical supply and commissary building at western state hospital, and for necessary modification at the special commitment center to achieve efficiencies in the cost of preparing and providing meals to state hospital patients and residents of the special commitment center. Cost savings must reach at least two million per year once the new facility if functional.
Appropriation:
State Building Construction Account—State $29,000,000
Prior Biennia (Expenditures) $828,000
Future Biennia (Projected Costs) $0
TOTAL $29,828,000
NEW SECTION. Sec. 2003. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Medical Lake Campus-Laundry Building: New Construction (20082371)
Appropriation:
State Building Construction Account—State $150,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $10,100,000
TOTAL $10,250,000
NEW SECTION. Sec. 2004. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Fircrest School Backup Power and Electrical Feeders (30000415)
The appropriation in this section is provided solely for electrical service rehabilitation and improvements on campus. The department of social and health services will also coordinate with the department of health to install a new and separate electrical service for the public health laboratory.
Appropriation:
State Building Construction Account—State $5,200,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $5,200,000
NEW SECTION. Sec. 2005. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Minor Works Program Projects: Statewide (30001859)
Appropriation:
State Building Construction Account—State $905,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $20,000,000
TOTAL $20,905,000
NEW SECTION. Sec. 2006. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Minor Works Preservation Projects: Statewide (30002235)
Reappropriation:
State Building Construction Account—State $4,000,000
Appropriation:
State Building Construction Account—State $10,645,000
Prior Biennia (Expenditures) $10,155,000
Future Biennia (Projected Costs) $120,030,000
TOTAL $144,830,000
NEW SECTION. Sec. 2007. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Lakeland Village: Code Required Campus Infrastructure Upgrades (30002238)
Appropriation:
State Building Construction Account—State $1,300,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $20,250,000
TOTAL $21,550,000
NEW SECTION. Sec. 2008. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Child Study and Treatment Center-Orcas: Acute Treatment Addition (30002733)
Appropriation:
State Building Construction Account—State $1,100,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,100,000
NEW SECTION. Sec. 2009. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Western State Hospital-South Hall: Building Systems Replacement (30002735)
Appropriation:
State Building Construction Account—State $4,450,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $4,450,000
NEW SECTION. Sec. 2010. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Fircrest School: Campus Master Plan (30002738)
Appropriation:
Charitable, Educational, Penal, and Reformatory
Institutions Account—State $100,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $100,000
NEW SECTION. Sec. 2011. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Eastern State Hospital-Westlake: Nurse Call System (30002739)
Appropriation:
State Building Construction Account—State $1,200,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,200,000
NEW SECTION. Sec. 2012. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Rainier School: Campus Master Plan and Forest Management Plan (30002740)
Appropriation:
Charitable, Educational, Penal, and Reformatory
Institutions Account—State $200,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $200,000
NEW SECTION. Sec. 2013. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Yakima Valley School-Main Building: Roofing Replacement (30002742)
Appropriation:
State Building Construction Account—State $1,500,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,500,000
NEW SECTION. Sec. 2014. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Juvenile Rehab: New Acute Mental Health Beds (92000013)
Appropriation:
State Building Construction Account—State $5,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $5,000,000
NEW SECTION. Sec. 2015. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Western State Hospital-Forensic Services: Two Wards Addition (30002765)
Appropriation:
State Building Construction Account—State $1,800,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $20,700,000
TOTAL $22,500,000
NEW SECTION. Sec. 2016. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Western State Hospital-East Campus: Psychiatric Intensive Care Unit and Competency Restoration (30002773)
Appropriation:
State Building Construction Account—State $2,200,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $2,200,000
NEW SECTION. Sec. 2017. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Eastern State Hospital-Water System: Improvements (30003215)
Appropriation:
State Building Construction Account—State $2,115,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $2,115,000
NEW SECTION. Sec. 2018. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Yakima Valley School: Center for Excellence (30003236)
Appropriation:
Charitable, Educational, Penal, and Reformatory
Institutions Account—State $200,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $200,000
NEW SECTION. Sec. 2019. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Western State Hospital-South Hall: Wards Preservation and Renewal (30003240)
Appropriation:
State Building Construction Account—State $1,350,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,350,000
NEW SECTION. Sec. 2020. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Western State Hospital-East Campus: Wards Preservation and Renewal (30003241)
Appropriation:
State Building Construction Account—State $1,600,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,600,000
NEW SECTION. Sec. 2021. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Western State Hospital-East Campus: Building Systems Replacement (30003244)
Appropriation:
State Building Construction Account—State $3,400,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $3,400,000
NEW SECTION. Sec. 2022. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Eastern State Hospital and Western State Hospital-All Wards: Patient Safety Improvements (91000019)
Reappropriation:
Charitable, Educational, Penal, and Reformatory
Institutions Account—State $2,000,000
Appropriation:
Charitable, Educational, Penal, and Reformatory
Institutions Account—State $2,569,000
Prior Biennia (Expenditures) $2,800,000
Future Biennia (Projected Costs) $3,180,000
TOTAL $10,549,000
NEW SECTION. Sec. 2023. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
ESH-15 Bed Addition for SB 5889 (92000016)
Appropriation:
State Building Construction Account—State $1,400,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,400,000
NEW SECTION. Sec. 2024. FOR THE DEPARTMENT OF HEALTH
Newborn Screening Wing Addition (30000301)
Appropriation:
State Building Construction Account—State $3,049,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $3,049,000
NEW SECTION. Sec. 2025. FOR THE DEPARTMENT OF HEALTH
Newborn Screening Lab Conversion (30000302)
Appropriation:
State Building Construction Account—State $1,141,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,141,000
NEW SECTION. Sec. 2026. FOR THE DEPARTMENT OF HEALTH
Minor Works - Program (30000315)
Appropriation:
State Building Construction Account—State $322,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $322,000
NEW SECTION. Sec. 2027. FOR THE DEPARTMENT OF HEALTH
Drinking Water Assistance Program (30000323)
Reappropriation:
Drinking Water Assistance Account—Federal $23,225,000
Prior Biennia (Expenditures) $5,575,000
Future Biennia (Projected Costs) $0
TOTAL $28,800,000
NEW SECTION. Sec. 2028. FOR THE DEPARTMENT OF HEALTH
Minor Works - Facility Preservation (30000328)
Appropriation:
State Building Construction Account—State $277,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $277,000
NEW SECTION. Sec. 2029. FOR THE DEPARTMENT OF HEALTH
Drinking Water Preconstruction Loans (30000334)
Appropriation:
Drinking Water Assistance Repayment Account—State
$6,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $24,000,000
TOTAL $30,000,000
NEW SECTION. Sec. 2030. FOR THE DEPARTMENT OF HEALTH
Drinking Water Assistance Program (30000336)
Appropriation:
Drinking Water Assistance Account—Federal
$32,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $128,000,000
TOTAL $160,000,000
NEW SECTION. Sec. 2031. FOR THE DEPARTMENT OF HEALTH
Safe Reliable Drinking Water Grants (92000002)
Reappropriation:
State Building Construction Account—State $1,428,000
Prior Biennia (Expenditures) $10,210,000
Future Biennia (Projected Costs) $0
TOTAL $11,638,000
NEW SECTION. Sec. 2032. FOR THE DEPARTMENT OF VETERANS AFFAIRS
Walla Walla Nursing Facility (20082008)
Reappropriation:
State Building Construction Account—State $14,357,000
General Fund—Federal $24,000,000
Subtotal Reappropriation $38,357,000
Prior Biennia (Expenditures) $2,568,000
Future Biennia (Projected Costs) $0
TOTAL $40,925,000
NEW SECTION. Sec. 2033. FOR THE DEPARTMENT OF VETERANS AFFAIRS
Minor Works Facilities Preservation (30000094)
Reappropriation:
State Building Construction Account—State $675,000
Prior Biennia (Expenditures) $638,000
Future Biennia (Projected Costs) $0
TOTAL $1,313,000
NEW SECTION. Sec. 2034. FOR THE DEPARTMENT OF VETERANS AFFAIRS
Washington Veterans Home: Buildings 6 and 7 Demolition and Grounds Improvement (30000002)
Appropriation:
State Building Construction Account—State $2,600,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $2,600,000
NEW SECTION. Sec. 2035. FOR THE DEPARTMENT OF VETERANS AFFAIRS
Feasibility Study/Predesign for Western State Hospital Skilled Nursing Replacement (30000090)
Appropriation:
Charitable, Educational, Penal, and Reformatory
Institutions Account—State $125,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $125,000
NEW SECTION. Sec. 2036. FOR THE DEPARTMENT OF VETERANS AFFAIRS
Minor Works Facilities Preservation (30000174)
Appropriation:
State Building Construction Account—State $3,095,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $9,690,000
TOTAL $12,785,000
NEW SECTION. Sec. 2037. FOR THE DEPARTMENT OF VETERANS AFFAIRS
Minor Works Program (30000131)
Appropriation:
State Building Construction Account—State $945,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $4,864,000
TOTAL $5,809,000
NEW SECTION. Sec. 2038. FOR THE DEPARTMENT OF VETERANS AFFAIRS
South Central Washington State Veterans Cemetery Feasibility (30000151)
Appropriation:
Charitable, Educational, Penal, and Reformatory
Institutions Account—State $100,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $100,000
NEW SECTION. Sec. 2039. FOR THE DEPARTMENT OF VETERANS AFFAIRS
Eastern Washington Cemetery Upgrade (30000152)
Appropriation:
State Building Construction Account—State $270,000
General Fund—Federal $2,422,000
Subtotal Appropriation $2,692,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $2,692,000
NEW SECTION. Sec. 2040. FOR THE DEPARTMENT OF CORRECTIONS
Monroe Correctional Complex: Close Sewer Lagoon (20082022)
Reappropriation:
State Building Construction Account—State $214,000
Prior Biennia (Expenditures) $1,177,000
Future Biennia (Projected Costs) $0
TOTAL $1,391,000
NEW SECTION. Sec. 2041. FOR THE DEPARTMENT OF CORRECTIONS
Washington Corrections Center: Transformers and Switches (30000143)
Appropriation:
State Building Construction Account—State $150,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $12,699,000
TOTAL $12,849,000
NEW SECTION. Sec. 2042. FOR THE DEPARTMENT OF CORRECTIONS
Washington Corrections Center: Roof and Equipment Replacement (30000195)
Appropriation:
State Building Construction Account—State $5,300,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $5,300,000
NEW SECTION. Sec. 2043. FOR THE DEPARTMENT OF CORRECTIONS
Clallam Bay Corrections Center: MSC and Rec Building Roofs (30000548)
Appropriation:
State Building Construction Account—State $1,808,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,808,000
NEW SECTION. Sec. 2044. FOR THE DEPARTMENT OF CORRECTIONS
Monroe Correctional Complex: WSR Replace Fire Alarm System (30000724)
Reappropriation:
State Building Construction Account—State $2,001,000
Prior Biennia (Expenditures) $615,000
Future Biennia (Projected Costs) $0
TOTAL $2,616,000
NEW SECTION. Sec. 2045. FOR THE DEPARTMENT OF CORRECTIONS
Airway Heights Corrections Center: Replace Fire Alarm System (30000725)
Reappropriation:
State Building Construction Account—State $1,950,000
Prior Biennia (Expenditures) $1,449,000
Future Biennia (Projected Costs) $0
TOTAL $3,399,000
NEW SECTION. Sec. 2046. FOR THE DEPARTMENT OF CORRECTIONS
Airway Heights Corrections Center: Security Electronics Renovations (30000726)
Reappropriation:
State Building Construction Account—State $3,830,000
Prior Biennia (Expenditures) $1,217,000
Future Biennia (Projected Costs) $0
TOTAL $5,047,000
NEW SECTION. Sec. 2047. FOR THE DEPARTMENT OF CORRECTIONS
Washington Corrections Center for Women: Replace Fire Alarm System (30000727)
Reappropriation:
State Building Construction Account—State $950,000
Prior Biennia (Expenditures) $1,619,000
Future Biennia (Projected Costs) $0
TOTAL $2,649,000
NEW SECTION. Sec. 2048. FOR THE DEPARTMENT OF CORRECTIONS
Monroe Correctional Complex: TRU Support Building Repair Fire Detection System (30000733)
Reappropriation:
State Building Construction Account—State $250,000
Prior Biennia (Expenditures) $808,000
Future Biennia (Projected Costs) $0
TOTAL $1,058,000
NEW SECTION. Sec. 2049. FOR THE DEPARTMENT OF CORRECTIONS
Washington Corrections Center: Security Video System (30000791)
Reappropriation:
State Building Construction Account—State $4,363,000
Prior Biennia (Expenditures) $2,609,000
Future Biennia (Projected Costs) $0
TOTAL $6,972,000
NEW SECTION. Sec. 2050. FOR THE DEPARTMENT OF CORRECTIONS
Monroe Correctional Complex: WSR Security Video System (30000795)
Reappropriation:
State Building Construction Account—State $3,843,000
Prior Biennia (Expenditures) $1,390,000
Future Biennia (Projected Costs) $0
TOTAL $5,233,000
NEW SECTION. Sec. 2051. FOR THE DEPARTMENT OF CORRECTIONS
Statewide Minor Works - Preservation Projects (30000734)
Reappropriation:
State Building Construction Account—State $1,500,000
Prior Biennia (Expenditures) $8,600,000
Future Biennia (Projected Costs) $0
TOTAL $10,100,000
NEW SECTION. Sec. 2052. FOR THE DEPARTMENT OF CORRECTIONS
Clallam Bay Corrections Center: Security Video System (30000800)
Appropriation:
State Building Construction Account—State $5,700,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $5,700,000
NEW SECTION. Sec. 2053. FOR THE DEPARTMENT OF CORRECTIONS
Monroe Correctional Complex: TRU Security Video System (30000801)
Reappropriation:
State Building Construction Account—State $2,908,000
Prior Biennia (Expenditures) $968,000
Future Biennia (Projected Costs) $0
TOTAL $3,876,000
NEW SECTION. Sec. 2054. FOR THE DEPARTMENT OF CORRECTIONS
Washington Corrections Center for Women: Security Video System (30000802)
Reappropriation:
State Building Construction Account—State $2,150,000
Prior Biennia (Expenditures) $1,271,000
Future Biennia (Projected Costs) $0
TOTAL $3,421,000
NEW SECTION. Sec. 2055. FOR THE DEPARTMENT OF CORRECTIONS
Monroe Correctional Complex: SOU IMU Security Video (30000803)
Reappropriation:
State Building Construction Account—State $1,806,000
Prior Biennia (Expenditures) $834,000
Future Biennia (Projected Costs) $0
TOTAL $2,640,000
NEW SECTION. Sec. 2056. FOR THE DEPARTMENT OF CORRECTIONS
Washington State Penitentiary: Education Building Roof (30000820)
Appropriation:
State Building Construction Account—State $1,525,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,525,000
NEW SECTION. Sec. 2057. FOR THE DEPARTMENT OF CORRECTIONS
Airway Heights Corrections Center: Security Video System (30000838)
Appropriation:
State Building Construction Account—State $8,300,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $8,300,000
NEW SECTION. Sec. 2058. FOR THE DEPARTMENT OF CORRECTIONS
Monroe Correctional Complex: MSU Bathroom Renovation (30000975)
Appropriation:
State Building Construction Account—State $1,720,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,720,000
NEW SECTION. Sec. 2059. FOR THE DEPARTMENT OF CORRECTIONS
Statewide: Minor Works - Programmatic Projects (30001004)
Appropriation:
State Building Construction Account—State $640,000
Prior Biennia (Expenditures)© $0
Future Biennia (Projected Costs) $18,816,000
TOTAL $19,456,000
NEW SECTION. Sec. 2060. FOR THE DEPARTMENT OF CORRECTIONS
Statewide: Minor Works - Preservation Projects (30001013)
Appropriation:
State Building Construction Account—State $11,396,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $65,095,000
TOTAL $76,491,000
NEW SECTION. Sec. 2061. FOR THE DEPARTMENT OF CORRECTIONS
Monroe Correctional Complex: MSU Heat Exchanger Replacement (30001074)
Appropriation:
State Building Construction Account—State $2,342,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $2,342,000
NEW SECTION. Sec. 2062. FOR THE DEPARTMENT OF CORRECTIONS
Clallam Bay Corrections Center: Access Road Culvert Replacement and Road Resurfacing (30001078)
Appropriation:
State Building Construction Account—State $4,500,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $4,500,000
NEW SECTION. Sec. 2063. FOR THE DEPARTMENT OF CORRECTIONS
Washington State Penitentiary: Program and Support Building (30001101)
Appropriation:
State Building Construction Account—State $1,900,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $15,014,000
TOTAL $16,914,000
PART 3
NATURAL RESOURCES
NEW SECTION. Sec. 3001. FOR THE DEPARTMENT OF ECOLOGY
Water Supply Facilities (19742006)
Reappropriation:
State and Local Improvements Revolving Account (Water
Supply Facilities)—State $345,000
Prior Biennia (Expenditures) $20,205,000
Future Biennia (Projected Costs) $0
TOTAL $20,550,000
NEW SECTION. Sec. 3002. FOR THE DEPARTMENT OF ECOLOGY
Low-Level Nuclear Waste Disposal Trench Closure (19972012)
Reappropriation:
Site Closure Account—State $10,917,000
Appropriation:
Site Closure Account—State $3,675,000
Prior Biennia (Expenditures) $4,516,000
Future Biennia (Projected Costs) $0
TOTAL $19,108,000
NEW SECTION. Sec. 3003. FOR THE DEPARTMENT OF ECOLOGY
Twin Lake Aquifer Recharge Project (20042951)
Reappropriation:
State Building Construction Account—State $156,000
Prior Biennia (Expenditures) $594,000
Future Biennia (Projected Costs) $0
TOTAL $750,000
NEW SECTION. Sec. 3004. FOR THE DEPARTMENT OF ECOLOGY
Water Supply Facilities (20044006)
Reappropriation:
State and Local Improvements Revolving Account (Water
Supply Facilities)—State $50,000
Prior Biennia (Expenditures) $13,468,000
Future Biennia (Projected Costs) $0
TOTAL $13,518,000
NEW SECTION. Sec. 3005. FOR THE DEPARTMENT OF ECOLOGY
Quad Cities Water Right Mitigation (20052852)
Reappropriation:
State Building Construction Account—State $421,000
Prior Biennia (Expenditures) $1,179,000
Future Biennia (Projected Costs) $0
TOTAL $1,600,000
NEW SECTION. Sec. 3006. FOR THE DEPARTMENT OF ECOLOGY
Watershed Plan Implementation and Flow Achievement (20062003)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions in section 136, chapter 371, Laws of 2006.
Reappropriation:
State Building Construction Account—State $317,000
Prior Biennia (Expenditures) $12,483,000
Future Biennia (Projected Costs) $0
TOTAL $12,800,000
NEW SECTION. Sec. 3007. FOR THE DEPARTMENT OF ECOLOGY
Columbia River Basin Water Supply Development Program (20062950)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3008, chapter 49, Laws of 2011 1st sp. sess.
Reappropriation:
Columbia River Basin Taxable Bond Water Supply
Development Account—State $1,770,000
Columbia River Basin Water Supply Development Account—
State $6,075,000
Subtotal Reappropriation $7,845,000
Prior Biennia (Expenditures) $83,655,000
Future Biennia (Projected Costs) $0
TOTAL $91,500,000
NEW SECTION. Sec. 3008. FOR THE DEPARTMENT OF ECOLOGY
Transfer of Water Rights for Cabin Owners (20081951)
Reappropriation:
State Building Construction Account—State $161,000
Prior Biennia (Expenditures) $289,000
Future Biennia (Projected Costs) $0
TOTAL $450,000
NEW SECTION. Sec. 3009. FOR THE DEPARTMENT OF ECOLOGY
Remedial Action Grants (20084008)
Reappropriation:
State Building Construction Account—State $11,754,000
Prior Biennia (Expenditures) $81,121,000
Future Biennia (Projected Costs) $0
TOTAL $92,875,000
NEW SECTION. Sec. 3010. FOR THE DEPARTMENT OF ECOLOGY
Centennial Clean Water Program (20084010)
Reappropriation:
Water Quality Capital Account—State $43,000
State Toxics Control Account—State $570,000
Subtotal Reappropriation $613,000
Prior Biennia (Expenditures) $66,036,000
Future Biennia (Projected Costs) $0
TOTAL $66,649,000
NEW SECTION. Sec. 3011. FOR THE DEPARTMENT OF ECOLOGY
Water Pollution Control Loan Program (20084011)
Reappropriation:
Water Pollution Control Revolving Account—State
$14,581,000
Prior Biennia (Expenditures) $125,419,000
Future Biennia (Projected Costs) $0
TOTAL $140,000,000
NEW SECTION. Sec. 3012. FOR THE DEPARTMENT OF ECOLOGY
Yakima River Basin Water Storage Feasibility Study (20084026)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions in section 3035, chapter 497, Laws of 2009.
Reappropriation:
State Building Construction Account—State $82,000
Prior Biennia (Expenditures) $5,168,000
Future Biennia (Projected Costs) $0
TOTAL $5,250,000
NEW SECTION. Sec. 3013. FOR THE DEPARTMENT OF ECOLOGY
Watershed Plan Implementation and Flow Achievement (20084029)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions in section 3054, chapter 520, Laws of 2007.
Reappropriation:
State Building Construction Account—State $1,456,000
Prior Biennia (Expenditures) $12,544,000
Future Biennia (Projected Costs) $0
TOTAL $14,000,000
NEW SECTION. Sec. 3014. FOR THE DEPARTMENT OF ECOLOGY
Water Pollution Control Revolving Fund Program (30000007)
Reappropriation:
Water Pollution Control Revolving Account—Federal
Stimulus $766,000
Water Pollution Control Revolving Account—State
$3,970,000
Subtotal Reappropriation $4,736,000
Prior Biennia (Expenditures) $173,964,000
Future Biennia (Projected Costs) $0
TOTAL $178,700,000
NEW SECTION. Sec. 3015. FOR THE DEPARTMENT OF ECOLOGY
Centennial Clean Water Program (30000008)
Reappropriation:
State Building Construction Account—State $3,838,000
Prior Biennia (Expenditures) $26,162,000
Future Biennia (Projected Costs) $0
TOTAL $30,000,000
NEW SECTION. Sec. 3016. FOR THE DEPARTMENT OF ECOLOGY
Watershed Plan Implementation and Flow Achievement (30000028)
Reappropriation:
State Building Construction Account—State $715,000
Prior Biennia (Expenditures) $5,285,000
Future Biennia (Projected Costs) $0
TOTAL $6,000,000
NEW SECTION. Sec. 3017. FOR THE DEPARTMENT OF ECOLOGY
Kittitas Groundwater Study (30000029)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions in section 3001, chapter 36, Laws of 2010 1st sp. sess.
Reappropriation:
State and Local Improvements Revolving Account (Water
Supply Facilities)—State $76,000
Prior Biennia (Expenditures) $624,000
Future Biennia (Projected Costs) $0
TOTAL $700,000
NEW SECTION. Sec. 3018. FOR THE DEPARTMENT OF ECOLOGY
Remedial Action Grant Program (30000039)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3006, chapter 36, Laws of 2010 1st sp. sess.
Reappropriation:
State Building Construction Account—State $1,327,000
Local Toxics Control Account—State $9,165,000
Subtotal Reappropriation $10,492,000
Prior Biennia (Expenditures) $65,419,000
Future Biennia (Projected Costs) $0
TOTAL $75,911,000
NEW SECTION. Sec. 3019. FOR THE DEPARTMENT OF ECOLOGY
Water Pollution Control Revolving Fund Program (30000142)
Reappropriation:
Water Pollution Control Revolving Account—Federal
$1,792,000
Water Pollution Control Revolving Account—State
$21,050,000
Subtotal Reappropriation $22,842,000
Prior Biennia (Expenditures) $14,158,000
Future Biennia (Projected Costs) $0
TOTAL $37,000,000
NEW SECTION. Sec. 3020. FOR THE DEPARTMENT OF ECOLOGY
Clean Up Toxics Sites - Puget Sound (30000144)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3021, chapter 48, Laws of 2011 1st sp. sess.
Reappropriation:
Cleanup Settlement Account—State $1,959,000
State Toxics Control Account—State $3,666,000
Subtotal Reappropriation $5,625,000
Prior Biennia (Expenditures) $35,573,000
Future Biennia (Projected Costs) $0
TOTAL $41,198,000
NEW SECTION. Sec. 3021. FOR THE DEPARTMENT OF ECOLOGY
Settlement Funding to Clean Up Toxic Sites (30000145)
Reappropriation:
Cleanup Settlement Account—State $185,000
Prior Biennia (Expenditures) $8,315,000
Future Biennia (Projected Costs) $0
TOTAL $8,500,000
NEW SECTION. Sec. 3022. FOR THE DEPARTMENT OF ECOLOGY
Centennial Clean Water Program (30000208)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3024, chapter 48, Laws of 2011 1st sp. sess.
Reappropriation:
State Toxics Control Account—State $12,341,000
Prior Biennia (Expenditures) $21,759,000
Future Biennia (Projected Costs) $0
TOTAL $34,100,000
NEW SECTION. Sec. 3023. FOR THE DEPARTMENT OF ECOLOGY
Water Pollution Control Revolving Fund Program (30000209)
Reappropriation:
Water Pollution Control Revolving Account—Federal
$51,095,000
Water Pollution Control Revolving Account—State
$85,631,000
Subtotal Reappropriation $136,726,000
Prior Biennia (Expenditures) $55,418,000
Future Biennia (Projected Costs) $0
TOTAL $192,144,000
NEW SECTION. Sec. 3024. FOR THE DEPARTMENT OF ECOLOGY
Watershed Plan Implementation and Flow Achievement (30000213)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3030, chapter 49, Laws of 2011 1st sp. sess.
Reappropriation:
State Building Construction Account—State $2,254,000
Prior Biennia (Expenditures) $5,746,000
Future Biennia (Projected Costs) $0
TOTAL $8,000,000
NEW SECTION. Sec. 3025. FOR THE DEPARTMENT OF ECOLOGY
Remedial Action Grant Program (30000216)
Reappropriation:
Local Toxics Control Account—State $32,216,000
Prior Biennia (Expenditures) $31,618,000
Future Biennia (Projected Costs) $0
TOTAL $63,834,000
NEW SECTION. Sec. 3026. FOR THE DEPARTMENT OF ECOLOGY
Eastern Washington Clean Sites Initiative (30000217)
Reappropriation:
State Toxics Control Account—State $2,117,000
Prior Biennia (Expenditures) $3,883,000
Future Biennia (Projected Costs) $0
TOTAL $6,000,000
NEW SECTION. Sec. 3027. FOR THE DEPARTMENT OF ECOLOGY
Safe Soils Remediation Program - Central Washington (30000263)
Reappropriation:
State Toxics Control Account—State $682,000
Prior Biennia (Expenditures) $3,029,000
Future Biennia (Projected Costs) $0
TOTAL $3,711,000
NEW SECTION. Sec. 3028. FOR THE DEPARTMENT OF ECOLOGY
Clean Up Toxics Sites - Puget Sound (30000265)
Reappropriation:
State Toxics Control Account—State $1,896,000
Prior Biennia (Expenditures) $14,504,000
Future Biennia (Projected Costs) $0
TOTAL $16,400,000
NEW SECTION. Sec. 3029. FOR THE DEPARTMENT OF ECOLOGY
Local Toxics Grants for Cleanup and Prevention (20064008)
Reappropriation:
State Building Construction Account—State $8,296,000
Prior Biennia (Expenditures) $90,604,000
Future Biennia (Projected Costs) $0
TOTAL $98,900,000
NEW SECTION. Sec. 3030. FOR THE DEPARTMENT OF ECOLOGY
Yakima Basin Integrated Water Management Plan Implementation (30000278)
Reappropriation:
State Building Construction Account—State $208,000
Prior Biennia (Expenditures) $1,792,000
Future Biennia (Projected Costs) $0
TOTAL $2,000,000
NEW SECTION. Sec. 3031. FOR THE DEPARTMENT OF ECOLOGY
ASARCO - Tacoma Smelter Plume and Mines (30000280)
Reappropriation:
Cleanup Settlement Account—State $6,841,000
Prior Biennia (Expenditures) $13,806,000
Future Biennia (Projected Costs) $0
TOTAL $20,647,000
NEW SECTION. Sec. 3032. FOR THE DEPARTMENT OF ECOLOGY
Padilla Bay Federal Capital Projects (30000282)
Reappropriation:
General Fund—Federal $791,000
Prior Biennia (Expenditures) $9,000
Future Biennia (Projected Costs) $0
TOTAL $800,000
NEW SECTION. Sec. 3033. FOR THE DEPARTMENT OF ECOLOGY
Coastal Wetlands Federal Funds Administration (30000283)
Reappropriation:
General Fund—Federal $10,695,000
Prior Biennia (Expenditures) $12,505,000
Future Biennia (Projected Costs) $0
TOTAL $23,200,000
NEW SECTION. Sec. 3034. FOR THE DEPARTMENT OF ECOLOGY
Statewide Storm Water Projects (30000294)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3041, chapter 4, Laws of 2011 1st sp. sess.
Reappropriation:
Local Toxics Control Account—State $14,411,000
Prior Biennia (Expenditures) $15,589,000
Future Biennia (Projected Costs) $0
TOTAL $30,000,000
NEW SECTION. Sec. 3035. FOR THE DEPARTMENT OF ECOLOGY
Waste Tire Pile Cleanup and Prevention (30000322)
Reappropriation:
Waste Tire Removal Account—State $388,000
Prior Biennia (Expenditures) $612,000
Future Biennia (Projected Costs) $0
TOTAL $1,000,000
NEW SECTION. Sec. 3036. FOR THE DEPARTMENT OF ECOLOGY
Mercury Switch Removal (30000323)
Reappropriation:
State Toxics Control Account—State $365,000
Prior Biennia (Expenditures) $135,000
Future Biennia (Projected Costs) $0
TOTAL $500,000
NEW SECTION. Sec. 3037. FOR THE DEPARTMENT OF ECOLOGY
Reducing Toxic Diesel Emissions (30000324)
Reappropriation:
State Toxics Control Account—State $2,380,000
Prior Biennia (Expenditures) $2,120,000
Future Biennia (Projected Costs) $0
TOTAL $4,500,000
NEW SECTION. Sec. 3038. FOR THE DEPARTMENT OF ECOLOGY
Reducing Toxic Wood Stove Emissions (30000325)
Reappropriation:
State Toxics Control Account—State $2,180,000
Prior Biennia (Expenditures) $1,820,000
Future Biennia (Projected Costs) $0
TOTAL $4,000,000
NEW SECTION. Sec. 3039. FOR THE DEPARTMENT OF ECOLOGY
Centennial Clean Water Program (30000326)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3066, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Environmental Legacy Stewardship Account—State
$36,634,000
Prior Biennia (Expenditures) $13,366,000
Future Biennia (Projected Costs) $0
TOTAL $50,000,000
NEW SECTION. Sec. 3040. FOR THE DEPARTMENT OF ECOLOGY
Water Pollution Control Revolving Program (30000327)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3067, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Water Pollution Control Revolving Account—Federal
$50,000,000
Water Pollution Control Revolving Account—State
$184,110,000
Subtotal Reappropriation $234,110,000
Prior Biennia (Expenditures) $15,890,000
Future Biennia (Projected Costs) $0
TOTAL $250,000,000
NEW SECTION. Sec. 3041. FOR THE DEPARTMENT OF ECOLOGY
Coastal Wetlands Federal Funds (30000328)
Reappropriation:
General Fund—Federal $9,800,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $9,800,000
NEW SECTION. Sec. 3042. FOR THE DEPARTMENT OF ECOLOGY
Watershed Plan Implementation and Flow Achievement (30000331)
Reappropriation:
State Building Construction Account—State $8,695,000
Prior Biennia (Expenditures) $1,305,000
Future Biennia (Projected Costs) $0
TOTAL $10,000,000
NEW SECTION. Sec. 3043. FOR THE DEPARTMENT OF ECOLOGY
Sunnyside Valley Irrigation District Water Conservation (30000332)
Reappropriation:
State Building Construction Account—State $3,048,000
Prior Biennia (Expenditures) $7,000
Future Biennia (Projected Costs) $0
TOTAL $3,055,000
NEW SECTION. Sec. 3044. FOR THE DEPARTMENT OF ECOLOGY
Dungeness Water Supply and Mitigation (30000333)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions in section 3082, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $2,003,000
Prior Biennia (Expenditures) $47,000
Future Biennia (Projected Costs) $0
TOTAL $2,050,000
NEW SECTION. Sec. 3045. FOR THE DEPARTMENT OF ECOLOGY
ASARCO Cleanup (30000334)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3072, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $717,000
Cleanup Settlement Account—State $26,672,000
Subtotal Reappropriation $27,389,000
Prior Biennia (Expenditures) $7,271,000
Future Biennia (Projected Costs) $0
TOTAL $34,660,000
NEW SECTION. Sec. 3046. FOR THE DEPARTMENT OF ECOLOGY
Padilla Bay Federal Capital Projects - Programmatic (30000335)
Reappropriation:
General Fund—Federal $500,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $500,000
NEW SECTION. Sec. 3047. FOR THE DEPARTMENT OF ECOLOGY
Clean Up Toxics Sites - Puget Sound (30000337)
Reappropriation:
Environmental Legacy Stewardship Account—State
$19,100,000
Prior Biennia (Expenditures) $12,400,000
Future Biennia (Projected Costs) $0
TOTAL $31,500,000
NEW SECTION. Sec. 3048. FOR THE DEPARTMENT OF ECOLOGY
Eastern Washington Clean Sites Initiative (30000351)
Reappropriation:
Environmental Legacy Stewardship Account—State
$6,735,000
Prior Biennia (Expenditures) $3,565,000
Future Biennia (Projected Costs) $0
TOTAL $10,300,000
NEW SECTION. Sec. 3049. FOR THE DEPARTMENT OF ECOLOGY
Columbia River Water Supply Development Program (30000372)
Reappropriation:
Columbia River Basin Water Supply Development Account—
State $16,052,000
Columbia River Basin Taxable Bond Water Supply
Development Account—State $28,113,000
Subtotal Reappropriation $44,165,000
Prior Biennia (Expenditures) $30,335,000
Future Biennia (Projected Costs) $0
TOTAL $74,500,000
NEW SECTION. Sec. 3050. FOR THE DEPARTMENT OF ECOLOGY
Yakima River Basin Water Supply (30000373)
Reappropriation:
State Building Construction Account—State $12,162,000
Prior Biennia (Expenditures) $19,938,000
Future Biennia (Projected Costs) $0
TOTAL $32,100,000
NEW SECTION. Sec. 3051. FOR THE DEPARTMENT OF ECOLOGY
Remedial Action Grants (30000374)
Reappropriation:
Local Toxics Control Account—State $45,779,000
Prior Biennia (Expenditures) $16,758,000
Future Biennia (Projected Costs) $0
TOTAL $62,537,000
NEW SECTION. Sec. 3052. FOR THE DEPARTMENT OF ECOLOGY
Water Irrigation Efficiencies Program (30000389)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3080, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $3,804,000
Prior Biennia (Expenditures) $196,000
Future Biennia (Projected Costs) $0
TOTAL $4,000,000
NEW SECTION. Sec. 3053. FOR THE DEPARTMENT OF ECOLOGY
Coordinated Prevention Grants (CPG) (30000426)
Appropriation:
Local Toxics Control Account—State $15,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $120,000,000
TOTAL $135,000,000
NEW SECTION. Sec. 3054. FOR THE DEPARTMENT OF ECOLOGY
Centennial Clean Water Program (30000427)
The appropriations in this section are subject to the following conditions and limitations:
(1) For projects involving repair, replacement, or improvement of a wastewater treatment plant or other public works facility for which an investment grade efficiency audit is obtainable, the department of ecology must require as a contract condition that the project sponsor undertake an investment grade efficiency audit. The project sponsor may finance the costs of the audit as part of its centennial clean water program grant.
(2) The agency must encourage local government use of federally funded water pollution control infrastructure programs operated by the United States Department of Agriculture - Rural Development.
Appropriation:
Local Toxics Control Account—State $20,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $160,000,000
TOTAL $180,000,000
NEW SECTION. Sec. 3055. FOR THE DEPARTMENT OF ECOLOGY
Reducing Toxic Diesel Emissions (30000428)
Appropriation:
State Toxics Control Account—State $1,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $8,000,000
TOTAL $9,000,000
NEW SECTION. Sec. 3056. FOR THE DEPARTMENT OF ECOLOGY
Reducing Toxic Woodstove Emissions (30000429)
Appropriation:
State Toxics Control Account—State $2,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $8,000,000
TOTAL $10,000,000
NEW SECTION. Sec. 3057. FOR THE DEPARTMENT OF ECOLOGY
Waste Tire Pile Cleanup and Prevention (30000431)
Appropriation:
Waste Tire Removal Account—State $1,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $4,000,000
TOTAL $5,000,000
NEW SECTION. Sec. 3058. FOR THE DEPARTMENT OF ECOLOGY
Eastern Washington Clean Sites Initiative (30000432)
Appropriation:
State Toxics Control Account—State $11,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $13,772,000
TOTAL $24,772,000
NEW SECTION. Sec. 3059. FOR THE DEPARTMENT OF ECOLOGY
Remedial Action Grants (30000458)
Appropriation:
Local Toxics Control Account—State $79,900,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $300,000,000
TOTAL $379,900,000
NEW SECTION. Sec. 3060. FOR THE DEPARTMENT OF ECOLOGY
Leaking Tank Model Remedies (30000490)
Appropriation:
State Toxics Control Account—State $2,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $8,000,000
TOTAL $10,000,000
NEW SECTION. Sec. 3061. FOR THE DEPARTMENT OF ECOLOGY
Water Pollution Control Revolving Program (30000534)
The appropriations in this section are subject to the following conditions and limitations:
(1) $12,000,000 of the state building construction account is provided solely as state match for federal clean water funds.
(2) For projects involving repair, replacement, or improvement of a wastewater treatment plant or other public works facility for which an investment grade efficiency audit is obtainable, the department of ecology must require as a contract condition that the project sponsor undertake an investment grade efficiency audit. The project sponsor may finance the costs of the audit as part of its water pollution control program loan.
(3) The agency must encourage local government use of federally funded water pollution control infrastructure programs operated by the United States Department of Agriculture - Rural Development.
Appropriation:
Water Pollution Control Revolving Account—Federal
$50,000,000
Water Pollution Control Revolving Account—State
$153,000,000
Subtotal Appropriation $203,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $800,000,000
TOTAL $1,003,000,000
NEW SECTION. Sec. 3062. FOR THE DEPARTMENT OF ECOLOGY
Storm water Financial Assistance Program (30000535)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for the storm water financial assistance program. $981,000 of the appropriation is provided solely for the WSU LID frontage - water quality project.
Appropriation:
Environmental Legacy Stewardship Account—State
$29,600,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $280,000,000
TOTAL $309,600,000
NEW SECTION. Sec. 3063. FOR THE DEPARTMENT OF ECOLOGY
Coastal Wetlands Federal Funds (30000536)
Appropriation:
General Fund—Federal $10,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $40,000,000
TOTAL $50,000,000
NEW SECTION. Sec. 3064. FOR THE DEPARTMENT OF ECOLOGY
ASARCO Cleanup (30000538)
Appropriation:
Cleanup Settlement Account—State $12,146,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $67,900,000
TOTAL $80,046,000
NEW SECTION. Sec. 3065. FOR THE DEPARTMENT OF ECOLOGY
Cleanup Toxics Sites – Puget Sound (30000542)
Appropriation:
Environmental Legacy Stewardship Account—State
$35,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $72,763,000
TOTAL $107,763,000
NEW SECTION. Sec. 3066. FOR THE DEPARTMENT OF ECOLOGY
Minor Works - Programmatic (30000578)
Appropriation:
State Building Construction Account—State $30,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $30,000
NEW SECTION. Sec. 3067. FOR THE DEPARTMENT OF ECOLOGY
Water Irrigation Efficiencies Program (30000587)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is provided solely for technical assistance and grants to conservation districts for the purpose of implementing water conservation measures and irrigation efficiencies. The department of ecology and the state conservation commission shall give preference in order of priority to projects located in the 16 fish critical basins, other water short basins, and basins with significant water resource and instream flow problems. Projects that are not within basins as described in this subsection are also eligible to receive funding.
(2) Conservation districts statewide are eligible for grants listed in subsection (1) of this section. A conservation district receiving funds shall manage each grant to ensure that a portion of the water saved by the water conservation measure or irrigation efficiency will be placed as a purchase or a lease in the trust water rights program to enhance instream flows. The proportion of saved water placed in the trust water rights program must be equal to the percentage of the public investment in the conservation measure or irrigation efficiency. The percentage of the public investment may not exceed eighty-five percent of the total cost of the conservation measure or irrigation efficiency.
(3) Up to $300,000 of the appropriation in this section may be allocated for the purchase and installation of flow meters that are implemented in cooperation with the Washington State Department of Fish and Wildlife fish screening program authorized under RCW 77.57.070.
Appropriation:
State Building Construction Account—State $4,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $16,000,000
TOTAL $20,000,000
NEW SECTION. Sec. 3068. FOR THE DEPARTMENT OF ECOLOGY
Columbia River Water Supply Development Program (30000588)
The appropriations in this section are subject to the following conditions and limitations: $2,000,000 of the Columbia River basin water supply development account—state is provided solely for the Sullivan Lake water supply project to replace funds that were diverted to fund repairs to the Moses Lake irrigation and reclamation district dam.
Appropriation:
State Building Construction Account—State $7,600,000
Columbia River Basin Water Supply Revenue Recovery
Account—State $2,200,000
Columbia River Basin Water Supply Development Account—
State $9,200,000
Subtotal Appropriation $19,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $19,761,000
TOTAL $38,761,000
NEW SECTION. Sec. 3069. FOR THE DEPARTMENT OF ECOLOGY
Sunnyside Valley Irrigation District Water Conservation (30000589)
Appropriation:
State Building Construction Account—State $3,055,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $15,600,000
TOTAL $18,655,000
NEW SECTION. Sec. 3070. FOR THE DEPARTMENT OF ECOLOGY
Yakima River Basin Water Supply (30000590)
Appropriation:
State Building Construction Account—State $30,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $120,000,000
TOTAL $150,000,000
NEW SECTION. Sec. 3071. FOR THE DEPARTMENT OF ECOLOGY
Watershed Plan Implementation and Flow Achievement (30000591)
Appropriation:
State Building Construction Account—State $5,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $20,000,000
TOTAL $25,000,000
NEW SECTION. Sec. 3072. FOR THE DEPARTMENT OF ECOLOGY
HQ - Preservation Projects (30000596)
Appropriation:
State Building Construction Account—State $610,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $610,000
NEW SECTION. Sec. 3073. FOR THE DEPARTMENT OF ECOLOGY
Habitat Mitigation (91000007)
Reappropriation:
State Building Construction Account—State $3,051,000
Prior Biennia (Expenditures) $1,349,000
Future Biennia (Projected Costs) $0
TOTAL $4,400,000
NEW SECTION. Sec. 3074. FOR THE DEPARTMENT OF ECOLOGY
Clean Up Toxics Sites - Puget Sound (91000032)
Reappropriation:
State Toxics Control Account—State $6,637,000
Prior Biennia (Expenditures) $2,633,000
Future Biennia (Projected Costs) $0
TOTAL $9,270,000
NEW SECTION. Sec. 3075. FOR THE DEPARTMENT OF ECOLOGY
FY 2012 Statewide Stormwater Grant Program (91000053)
Reappropriation:
Local Toxics Control Account—State $14,789,000
Prior Biennia (Expenditures) $9,284,000
Future Biennia (Projected Costs) $0
TOTAL $24,073,000
NEW SECTION. Sec. 3076. FOR THE DEPARTMENT OF ECOLOGY
Stormwater Retrofit and LID Competitive Grants (91000054)
Reappropriation:
Local Toxics Control Account—State $6,952,000
Prior Biennia (Expenditures) $7,511,000
Future Biennia (Projected Costs) $0
TOTAL $14,463,000
NEW SECTION. Sec. 3077. FOR THE DEPARTMENT OF ECOLOGY
Skagit Mitigation (91000181)
Reappropriation:
State Building Construction Account—State $1,423,000
Prior Biennia (Expenditures) $802,000
Future Biennia (Projected Costs) $0
TOTAL $2,225,000
NEW SECTION. Sec. 3078. FOR THE DEPARTMENT OF ECOLOGY
Protect Communities from Flood and Drought (92000002)
Reappropriation:
State Building Construction Account—State $228,000
Prior Biennia (Expenditures) $14,747,000
Future Biennia (Projected Costs) $0
TOTAL $14,975,000
NEW SECTION. Sec. 3079. FOR THE DEPARTMENT OF ECOLOGY
Wastewater Treatment and Water Reclamation (92000041)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3016, chapter 36, Laws of 2010 1st sp. sess.
Reappropriation:
State Building Construction Account—State $151,000
Prior Biennia (Expenditures) $3,279,000
Future Biennia (Projected Costs) $0
TOTAL $3,430,000
NEW SECTION. Sec. 3080. FOR THE DEPARTMENT OF ECOLOGY
Flood Levee Improvements (92000057)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 503, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $301,000
Local Toxics Control Account—State $2,510,000
Subtotal Reappropriation $2,811,000
Prior Biennia (Expenditures) $5,689,000
Future Biennia (Projected Costs) $0
TOTAL $8,500,000
NEW SECTION. Sec. 3081. FOR THE DEPARTMENT OF ECOLOGY
Ground Water Management Yakima Basin (92000061)
Reappropriation:
Columbia River Basin Water Supply Development Account—
State $189,000
Prior Biennia (Expenditures) $261,000
Future Biennia (Projected Costs) $0
TOTAL $450,000
NEW SECTION. Sec. 3082. FOR THE DEPARTMENT OF ECOLOGY
Storm Water Improvements (92000076)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3081, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Environmental Legacy Stewardship Account—State
$91,456,000
Prior Biennia (Expenditures) $8,544,000
Future Biennia (Projected Costs) $0
TOTAL $100,000,000
NEW SECTION. Sec. 3083. FOR THE DEPARTMENT OF ECOLOGY
Floodplain Management and Control Grants (92000078)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3069, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $40,389,000
Prior Biennia (Expenditures) $9,611,000
Future Biennia (Projected Costs) $0
TOTAL $50,000,000
NEW SECTION. Sec. 3084. FOR THE DEPARTMENT OF ECOLOGY
Lower Yakima GWMA Program Development (92000085)
Reappropriation:
State Building Construction Account—State $1,614,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,614,000
NEW SECTION. Sec. 3085. FOR THE DEPARTMENT OF ECOLOGY
Drought Response (92000142)
Appropriation:
State Building Construction Account—State $18,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $18,000,000
NEW SECTION. Sec. 3086. FOR THE STATE PARKS AND RECREATION COMMISSION
Peace Arch - Restoration (30000095)
Appropriation:
State Building Construction Account—State $164,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $164,000
NEW SECTION. Sec. 3087. FOR THE STATE PARKS AND RECREATION COMMISSION
Fort Flagler - WWI Historic Facilities Preservation (30000100)
Appropriation:
State Building Construction Account—State $430,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $5,540,000
TOTAL $5,970,000
NEW SECTION. Sec. 3088. FOR THE STATE PARKS AND RECREATION COMMISSION
Spencer Spit Water System Replacement (30000140)
Reappropriation:
State Building Construction Account—State $695,000
Prior Biennia (Expenditures) $288,000
Future Biennia (Projected Costs) $0
TOTAL $983,000
NEW SECTION. Sec. 3089. FOR THE STATE PARKS AND RECREATION COMMISSION
Fort Worden - Housing Areas Exterior Improvements (30000287)
Appropriation:
State Building Construction Account—State $921,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $2,858,000
TOTAL $3,779,000
NEW SECTION. Sec. 3090. FOR THE STATE PARKS AND RECREATION COMMISSION
Sun Lakes State Park: Dry Falls Campground Renovation (30000305)
Appropriation:
State Building Construction Account—State $402,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $3,951,000
TOTAL $4,353,000
NEW SECTION. Sec. 3091. FOR THE STATE PARKS AND RECREATION COMMISSION
Lake Chelan State Park Moorage Dock Pile Replacement (30000416)
Appropriation:
State Building Construction Account—State $248,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $1,448,000
TOTAL $1,696,000
NEW SECTION. Sec. 3092. FOR THE STATE PARKS AND RECREATION COMMISSION
Willapa Hills Trail Develop Safe Multi-Use Trail Crossing at SR 6 (30000519)
Appropriation:
State Building Construction Account—State $1,633,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $3,082,000
TOTAL $4,715,000
NEW SECTION. Sec. 3093. FOR THE STATE PARKS AND RECREATION COMMISSION
Cape Disappointment North Head Parking (30000522)
Appropriation:
State Building Construction Account—State $1,365,000
Prior Biennia (Expenditures) $925,000
Future Biennia (Projected Costs) $0
TOTAL $2,290,000
NEW SECTION. Sec. 3094. FOR THE STATE PARKS AND RECREATION COMMISSION
Dosewallips Wastewater Treatment System (30000523)
Reappropriation:
State Building Construction Account—State $27,000
Prior Biennia (Expenditures) $4,505,000
Future Biennia (Projected Costs) $0
TOTAL $4,532,000
NEW SECTION. Sec. 3095. FOR THE STATE PARKS AND RECREATION COMMISSION
Lewis and Clark Replace Wastewater System (30000544)
Reappropriation:
State Building Construction Account—State $695,000
Prior Biennia (Expenditures) $382,000
Future Biennia (Projected Costs) $0
TOTAL $1,077,000
NEW SECTION. Sec. 3096. FOR THE STATE PARKS AND RECREATION COMMISSION
Mount Spokane Road Improvements, Stage 2D (30000693)
Appropriation:
State Building Construction Account—State $2,400,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $2,400,000
NEW SECTION. Sec. 3097. FOR THE STATE PARKS AND RECREATION COMMISSION
Goldendale Observatory - Phase 3 Expansion (30000709)
Appropriation:
State Building Construction Account—State $2,649,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $2,650,000
TOTAL $5,299,000
NEW SECTION. Sec. 3098. FOR THE STATE PARKS AND RECREATION COMMISSION
Steamboat Rock Build Dunes Campground (30000729)
Appropriation:
State Building Construction Account—State $3,499,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $3,499,000
NEW SECTION. Sec. 3099. FOR THE STATE PARKS AND RECREATION COMMISSION
Deception Pass - Kukutali Access and Interpretation (30000774)
Reappropriation:
State Building Construction Account—State $161,000
Prior Biennia (Expenditures) $64,000
Future Biennia (Projected Costs) $0
TOTAL $225,000
NEW SECTION. Sec. 3100. FOR THE STATE PARKS AND RECREATION COMMISSION
Camano Island Day Use Access and Facility Renovation (30000782)
Reappropriation:
State Building Construction Account—State $107,000
Appropriation:
State Building Construction Account—State $1,347,000
Prior Biennia (Expenditures) $194,000
Future Biennia (Projected Costs) $0
TOTAL $1,648,000
NEW SECTION. Sec. 3101. FOR THE STATE PARKS AND RECREATION COMMISSION
Flaming Geyser State Park Infrastructure (30000810)
Reappropriation:
State Building Construction Account—State $848,000
Prior Biennia (Expenditures) $477,000
Future Biennia (Projected Costs) $0
TOTAL $1,325,000
NEW SECTION. Sec. 3102. FOR THE STATE PARKS AND RECREATION COMMISSION
Minor Works - Facility and Infrastructure Preservation (30000845)
Reappropriation:
State Building Construction Account—State $1,797,000
Prior Biennia (Expenditures) $8,203,000
Future Biennia (Projected Costs) $0
TOTAL $10,000,000
NEW SECTION. Sec. 3103. FOR THE STATE PARKS AND RECREATION COMMISSION
Wallace Falls Footbridge (91000047)
Reappropriation:
State Building Construction Account—State $150,000
Prior Biennia (Expenditures) $336,000
Future Biennia (Projected Costs) $0
TOTAL $486,000
NEW SECTION. Sec. 3104. FOR THE STATE PARKS AND RECREATION COMMISSION
Belfair Replace Failing Electrical Supply to Main Camp Loop (30000813)
Appropriation:
State Building Construction Account—State $1,311,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,311,000
NEW SECTION. Sec. 3105. FOR THE STATE PARKS AND RECREATION COMMISSION
Dosewallips Replace Failing Electrical Supply (30000814)
Appropriation:
State Building Construction Account—State $1,040,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,040,000
NEW SECTION. Sec. 3106. FOR THE STATE PARKS AND RECREATION COMMISSION
Fort Flagler - Replace Failing Electrical Power Historic District (30000815)
Appropriation:
State Building Construction Account—State $1,303,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,303,000
NEW SECTION. Sec. 3107. FOR THE STATE PARKS AND RECREATION COMMISSION
Blake Island Dredge Marina (30000818)
Appropriation:
State Building Construction Account—State $583,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $5,846,000
TOTAL $6,429,000
NEW SECTION. Sec. 3108. FOR THE STATE PARKS AND RECREATION COMMISSION
Kopachuck Day Use Development (30000820)
Reappropriation:
State Building Construction Account—State $10,000
Prior Biennia (Expenditures) $309,000
Future Biennia (Projected Costs) $0
TOTAL $319,000
NEW SECTION. Sec. 3109. FOR THE STATE PARKS AND RECREATION COMMISSION
Millersylvania Replace Environmental Learning Center Cabins (30000821)
Reappropriation:
State Building Construction Account—State $481,000
Prior Biennia (Expenditures) $608,000
Future Biennia (Projected Costs) $0
TOTAL $1,089,000
NEW SECTION. Sec. 3110. FOR THE STATE PARKS AND RECREATION COMMISSION
Flaming Geyser Day Use Renovation (30000832)
Reappropriation:
State Building Construction Account—State $642,000
Prior Biennia (Expenditures) $360,000
Future Biennia (Projected Costs) $0
TOTAL $1,002,000
NEW SECTION. Sec. 3111. FOR THE STATE PARKS AND RECREATION COMMISSION
Minor Works - Health and Safety (30000839)
Appropriation:
State Building Construction Account—State $5,662,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $5,662,000
NEW SECTION. Sec. 3112. FOR THE STATE PARKS AND RECREATION COMMISSION
Twanoh State Park Stormwater Improvements (30000851)
Reappropriation:
State Building Construction Account—State $160,000
Prior Biennia (Expenditures) $194,000
Future Biennia (Projected Costs) $0
TOTAL $354,000
NEW SECTION. Sec. 3113. FOR THE STATE PARKS AND RECREATION COMMISSION
Rocky Reach - Trail Development (30000853)
Reappropriation:
State Building Construction Account—State $535,000
Prior Biennia (Expenditures) $3,220,000
Future Biennia (Projected Costs) $0
TOTAL $3,755,000
NEW SECTION. Sec. 3114. FOR THE STATE PARKS AND RECREATION COMMISSION
Fish Barrier Removal (30000854)
Reappropriation:
State Building Construction Account—State $767,000
Prior Biennia (Expenditures) $281,000
Future Biennia (Projected Costs) $0
TOTAL $1,048,000
NEW SECTION. Sec. 3115. FOR THE STATE PARKS AND RECREATION COMMISSION
Clean Vessel Boating Pump-Out Grants (30000856)
Appropriation:
General Fund—Federal $2,600,000
Prior Biennia (Expenditures) $2,600,000
Future Biennia (Projected Costs) $10,400,000
TOTAL $15,600,000
NEW SECTION. Sec. 3116. FOR THE STATE PARKS AND RECREATION COMMISSION
Local Grant Authority (30000857)
Appropriation:
Parks Renewal and Stewardship Account—Private/Local
$1,000,000
Prior Biennia (Expenditures) $1,200,000
Future Biennia (Projected Costs) $4,000,000
TOTAL $6,200,000
NEW SECTION. Sec. 3117. FOR THE STATE PARKS AND RECREATION COMMISSION
Federal Grant Authority (30000858)
Appropriation:
General Fund—Federal $750,000
Prior Biennia (Expenditures) $1,750,000
Future Biennia (Projected Costs) $3,000,000
TOTAL $5,500,000
NEW SECTION. Sec. 3118. FOR THE STATE PARKS AND RECREATION COMMISSION
Fort Worden - Replace Failing Sewer Lines (30000860)
Appropriation:
State Building Construction Account—State $234,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $2,406,000
TOTAL $2,640,000
NEW SECTION. Sec. 3119. FOR THE STATE PARKS AND RECREATION COMMISSION
Sequim Bay Address Failing Retaining Wall (30000861)
Appropriation:
State Building Construction Account—State $1,247,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,247,000
NEW SECTION. Sec. 3120. FOR THE STATE PARKS AND RECREATION COMMISSION
Willapa Hills Swinging Bridge Assessment and Remedial Work or Removal (30000868)
Appropriation:
State Building Construction Account—State $198,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $1,198,000
TOTAL $1,396,000
NEW SECTION. Sec. 3121. FOR THE STATE PARKS AND RECREATION COMMISSION
Iron Horse - Tunnel 46 and 47 Repairs (30000870)
Appropriation:
State Building Construction Account—State $1,481,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $1,600,000
TOTAL $3,081,000
NEW SECTION. Sec. 3122. FOR THE STATE PARKS AND RECREATION COMMISSION
Lake Sammamish Dock Grant Match (30000872)
Appropriation:
State Building Construction Account—State $1,100,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,100,000
NEW SECTION. Sec. 3123. FOR THE STATE PARKS AND RECREATION COMMISSION
Birch Bay - Replace Failing Bridge (30000876)
Appropriation:
State Building Construction Account—State $213,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $913,000
TOTAL $1,126,000
NEW SECTION. Sec. 3124. FOR THE STATE PARKS AND RECREATION COMMISSION
Fort Worden-Roof Replacement on NCO Housing and Other Structures (30000879)
Appropriation:
State Building Construction Account—State $1,713,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,713,000
NEW SECTION. Sec. 3125. FOR THE STATE PARKS AND RECREATION COMMISSION
Statewide - Cabins, Yurts, and Associated Park Improvement (30000883)
Appropriation:
State Building Construction Account—State $1,153,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,153,000
NEW SECTION. Sec. 3126. FOR THE STATE PARKS AND RECREATION COMMISSION
Fish Barrier Removal (Lawsuit) (30000944)
Appropriation:
State Building Construction Account—State $2,034,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $2,034,000
NEW SECTION. Sec. 3127. FOR THE STATE PARKS AND RECREATION COMMISSION
Statewide - Facility and Infrastructure Backlog Reduction (30000946)
Appropriation:
State Building Construction Account—State $6,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $20,000,000
TOTAL $26,000,000
NEW SECTION. Sec. 3128. FOR THE STATE PARKS AND RECREATION COMMISSION
Minor Works - Facilities and Infrastructures (30000947)
Appropriation:
State Building Construction Account—State $9,368,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $250,000
TOTAL $9,618,000
NEW SECTION. Sec. 3129. FOR THE STATE PARKS AND RECREATION COMMISSION
Steamboat Rock - Replace Failing Sewage Lift Stations (30000948)
Appropriation:
State Building Construction Account—State $1,365,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,365,000
NEW SECTION. Sec. 3130. FOR THE STATE PARKS AND RECREATION COMMISSION
Field Spring Replace Failed Sewage System and Non-ADA Comfort Station (30000951)
Appropriation:
State Building Construction Account—State $101,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $959,000
TOTAL $1,060,000
NEW SECTION. Sec. 3131. FOR THE STATE PARKS AND RECREATION COMMISSION
Larrabee-Clayton Beach Rail Road Crossing and Trail Improvements (30000952)
Appropriation:
State Building Construction Account—State $237,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $2,700,000
TOTAL $2,937,000
NEW SECTION. Sec. 3132. FOR THE STATE PARKS AND RECREATION COMMISSION
Sun Lakes - Dry Falls - Upgrade Failing Water Supply Systems (30000962)
Appropriation:
State Building Construction Account—State $750,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $881,000
TOTAL $1,631,000
NEW SECTION. Sec. 3133. FOR THE STATE PARKS AND RECREATION COMMISSION
Statewide - Depression Era Structures Restoration Assessment (30000966)
Appropriation:
State Building Construction Account—State $121,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $4,963,000
TOTAL $5,084,000
NEW SECTION. Sec. 3134. FOR THE STATE PARKS AND RECREATION COMMISSION
Cape Disappointment - Replace Non-Compliant Comfort Stations (30000969)
Appropriation:
State Building Construction Account—State $1,486,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $1,487,000
TOTAL $2,973,000
NEW SECTION. Sec. 3135. FOR THE STATE PARKS AND RECREATION COMMISSION
Ocean City - Replace Noncompliant Comfort Stations (30000970)
Appropriation:
State Building Construction Account—State $152,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $1,291,000
TOTAL $1,443,000
NEW SECTION. Sec. 3136. FOR THE STATE PARKS AND RECREATION COMMISSION
Riverside Fisk Property Lake Spokane (Long Lake) Initial Park Access (30000971)
Appropriation:
State Building Construction Account—State $1,072,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,072,000
NEW SECTION. Sec. 3137. FOR THE STATE PARKS AND RECREATION COMMISSION
Dash Point - Replace Bridge (Pedestrian) (30000972)
Appropriation:
State Building Construction Account—State $165,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $1,443,000
TOTAL $1,608,000
NEW SECTION. Sec. 3138. FOR THE STATE PARKS AND RECREATION COMMISSION
Minor Works - Program (30000975)
Appropriation:
State Building Construction Account—State $1,262,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,262,000
NEW SECTION. Sec. 3139. FOR THE STATE PARKS AND RECREATION COMMISSION
Parkland Acquisition (30000976)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is to acquire land that is adjacent or within existing state parks. For this purpose, adjacent means a parcel of real property that shares a border with a state park. The state parks and recreation commission must dispose of property that is surplus to the needs of the state parks and recreation commission by June 30, 2017. Disposal may include sale of the surplus property or long-term lease of the property if such a lease is negotiated and managed by the commercial lands portfolio management unit of the department of natural resources. The commission and the department must agree on an appropriate management fee for the department's land management services.
Appropriation:
Parkland Acquisition Account—State $2,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $8,000,000
TOTAL $10,000,000
NEW SECTION. Sec. 3140. FOR THE STATE PARKS AND RECREATION COMMISSION
Backlog Repairs and Enhanced Amenities (92000007)
Reappropriation:
State Building Construction Account—State $794,000
Prior Biennia (Expenditures) $8,610,000
Future Biennia (Projected Costs) $0
TOTAL $9,404,000
NEW SECTION. Sec. 3141. FOR THE STATE PARKS AND RECREATION COMMISSION
Westport Park Connection (92000010)
Appropriation:
State Building Construction Account—State $900,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $900,000
NEW SECTION. Sec. 3142. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Washington Wildlife Recreation Grants (20084011)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3146, chapter 520, Laws of 2007.
Reappropriation:
Outdoor Recreation Account—State $291,000
Habitat Conservation Account—State $2,523,000
Subtotal Reappropriation $2,814,000
Prior Biennia (Expenditures) $95,678,000
Future Biennia (Projected Costs) $0
TOTAL $98,492,000
NEW SECTION. Sec. 3143. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Salmon Recovery Funding Board Programs (20084851)
Reappropriation:
State Building Construction Account—State $639,000
Prior Biennia (Expenditures) $59,361,000
Future Biennia (Projected Costs) $0
TOTAL $60,000,000
NEW SECTION. Sec. 3144. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Washington Wildlife Recreation Grants (30000002)
Reappropriation:
Farmlands Preservation Account—State $257,000
Outdoor Recreation Account—State $307,000
Riparian Protection Account—State $911,000
Habitat Conservation Account—State $3,672,000
Subtotal Reappropriation $5,147,000
Prior Biennia (Expenditures) $64,298,000
Future Biennia (Projected Costs) $0
TOTAL $69,445,000
NEW SECTION. Sec. 3145. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Puget Sound Acquisition and Restoration (30000080)
Reappropriation:
State Building Construction Account—State $366,000
Prior Biennia (Expenditures) $32,634,000
Future Biennia (Projected Costs) $0
TOTAL $33,000,000
NEW SECTION. Sec. 3146. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Boating Facilities Program (30000138)
Reappropriation:
Recreation Resources Account—State $1,589,000
Prior Biennia (Expenditures) $6,411,000
Future Biennia (Projected Costs) $0
TOTAL $8,000,000
NEW SECTION. Sec. 3147. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Washington Wildlife Recreation Grants (30000139)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3074, chapter 49, Laws of 2011 1st sp. sess.
Reappropriation:
Farmlands Preservation Account—State $195,000
Outdoor Recreation Account—State $3,694,000
Habitat Conservation Account—State $3,985,000
Subtotal Reappropriation $7,874,000
Prior Biennia (Expenditures) $34,126,000
Future Biennia (Projected Costs) $0
TOTAL $42,000,000
NEW SECTION. Sec. 3148. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Salmon Recovery Funding Board Programs (30000140)
Reappropriation:
State Building Construction Account—State $3,497,000
General Fund—Federal $23,169,000
Subtotal Reappropriation $26,666,000
Prior Biennia (Expenditures) $43,396,000
Future Biennia (Projected Costs) $0
TOTAL $70,062,000
NEW SECTION. Sec. 3149. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Land and Water Conservation Fund (30000142)
Reappropriation:
General Fund—Federal $1,313,000
Prior Biennia (Expenditures) $2,687,000
Future Biennia (Projected Costs) $0
TOTAL $4,000,000
NEW SECTION. Sec. 3150. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Aquatic Lands Enhancement Account (30000143)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3070, chapter 48, Laws of 2011 1st sp. sess.
Reappropriation:
Aquatic Lands Enhancement Account—State $845,000
Prior Biennia (Expenditures) $5,616,000
Future Biennia (Projected Costs) $0
TOTAL $6,461,000
NEW SECTION. Sec. 3151. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Recreational Trails Program (30000146)
Reappropriation:
General Fund—Federal $1,328,000
Prior Biennia (Expenditures) $3,672,000
Future Biennia (Projected Costs) $0
TOTAL $5,000,000
NEW SECTION. Sec. 3152. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Puget Sound Restoration (30000147)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3072, chapter 49, Laws of 2011 1st sp. sess.
Reappropriation:
State Building Construction Account—State $2,975,000
Prior Biennia (Expenditures) $12,025,000
Future Biennia (Projected Costs) $0
TOTAL $15,000,000
NEW SECTION. Sec. 3153. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Puget Sound Estuary and Salmon Restoration Program (30000148)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3070, chapter 49, Laws of 2011 1st sp. sess.
Reappropriation:
State Building Construction Account—State $560,000
Prior Biennia (Expenditures) $4,440,000
Future Biennia (Projected Costs) $0
TOTAL $5,000,000
NEW SECTION. Sec. 3154. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Washington Wildlife Recreation Grants (30000205)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3161, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Farmlands Preservation Account—State $3,218,000
Riparian Protection Account—State $4,973,000
Habitat Conservation Account—State $14,918,000
Outdoor Recreation Account—State $14,918,000
Subtotal Reappropriation $38,027,000
Prior Biennia (Expenditures) $26,973,000
Future Biennia (Projected Costs) $0
TOTAL $65,000,000
NEW SECTION. Sec. 3155. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Salmon Recovery Funding Board Programs (30000206)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3162, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $7,886,000
General Fund—Federal $37,278,000
Subtotal Reappropriation $45,164,000
Prior Biennia (Expenditures) $29,836,000
Future Biennia (Projected Costs) $0
TOTAL $75,000,000
NEW SECTION. Sec. 3156. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Boating Facilities Program (30000207)
Reappropriation:
Recreation Resources Account—State $3,309,000
Prior Biennia (Expenditures) $3,054,000
Future Biennia (Projected Costs) $0
TOTAL $6,363,000
NEW SECTION. Sec. 3157. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Nonhighway Off-Road Vehicle Activities (30000208)
Reappropriation:
NOVA Program Account—State $5,100,000
Prior Biennia (Expenditures) $3,400,000
Future Biennia (Projected Costs) $0
TOTAL $8,500,000
NEW SECTION. Sec. 3158. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Aquatic Lands Enhancement Account (30000210)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3165, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Aquatic Lands Enhancement Account—State $3,900,000
Prior Biennia (Expenditures) $2,100,000
Future Biennia (Projected Costs) $0
TOTAL $6,000,000
NEW SECTION. Sec. 3159. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Puget Sound Acquisition and Restoration (30000211)
Reappropriation:
State Building Construction Account—State $44,058,000
Prior Biennia (Expenditures) $25,942,000
Future Biennia (Projected Costs) $0
TOTAL $70,000,000
NEW SECTION. Sec. 3160. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Puget Sound Estuary and Salmon Restoration Program (30000212)
Reappropriation:
State Building Construction Account—State $5,500,000
Prior Biennia (Expenditures) $4,500,000
Future Biennia (Projected Costs) $0
TOTAL $10,000,000
NEW SECTION. Sec. 3161. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Firearms and Archery Range Recreation (30000213)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3168, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Firearms Range Account—State $315,000
Prior Biennia (Expenditures) $485,000
Future Biennia (Projected Costs) $0
TOTAL $800,000
NEW SECTION. Sec. 3162. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Recreational Trails Program (30000214)
Reappropriation:
General Fund—Federal $1,500,000
Prior Biennia (Expenditures) $3,500,000
Future Biennia (Projected Costs) $0
TOTAL $5,000,000
NEW SECTION. Sec. 3163. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Boating Infrastructure Grants (30000215)
Reappropriation:
General Fund—Federal $880,000
Prior Biennia (Expenditures) $1,320,000
Future Biennia (Projected Costs) $0
TOTAL $2,200,000
NEW SECTION. Sec. 3164. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Land and Water Conservation (30000216)
Reappropriation:
General Fund—Federal $3,400,000
Prior Biennia (Expenditures) $600,000
Future Biennia (Projected Costs) $0
TOTAL $4,000,000
NEW SECTION. Sec. 3165. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Family Forest Fish Passage Program (30000218)
Reappropriation:
State Building Construction Account—State $990,000
Prior Biennia (Expenditures) $1,010,000
Future Biennia (Projected Costs) $0
TOTAL $2,000,000
NEW SECTION. Sec. 3166. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Washington Wildlife Recreation Grants (30000220)
The appropriations in this section are subject to the following conditions and limitations: The appropriations in this section are provided solely for the list of projects in LEAP capital document No. 2015-22B, developed April 9, 2015.
Appropriation:
Farmlands Preservation Account—State $2,804,000
Riparian Protection Account—State $4,959,000
Outdoor Recreation Account—State $45,667,000
Subtotal Appropriation $53,430,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $280,000,000
TOTAL $333,430,000
NEW SECTION. Sec. 3167. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Salmon Recovery Funding Board Programs (30000221)
Appropriation:
State Building Construction Account—State $16,500,000
General Fund—Federal $50,000,000
Subtotal Appropriation $66,500,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $400,000,000
TOTAL $466,500,000
NEW SECTION. Sec. 3168. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Boating Facilities Program (30000222)
Appropriation:
Recreation Resources Account—State $9,360,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $37,800,000
TOTAL $47,160,000
NEW SECTION. Sec. 3169. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Nonhighway Off-Road Vehicle Activities (30000223)
Appropriation:
NOVA Program Account—State $8,670,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $34,770,000
TOTAL $43,440,000
NEW SECTION. Sec. 3170. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Youth Athletic Facilities (30000224)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for grants for acquisition, development or renovation of youth athletic fields. The recreation conservation office must require grant recipients of youth recreation field grants to have a fee waiver policy for youth athletic clubs who use the fields acquired, developed or renovation with funds from this appropriation. The fee waiver policy must discount or waive fees based on the youth athletic club's rates charged and scholarships provided to low-income athletes compared to other clubs using the fields. $7,000,000 of the appropriation is provided for grants awarded through the recreation conservation office's competitive grant program. $3,000,000 of the appropriation is provided for the following projects:
Marymoor park/Lake Washington youth soccer association $1,000,000
Northwest soccer park turf project $2,000,000
Appropriation:
State Building Construction Account—State $10,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $12,000,000
TOTAL $22,000,000
NEW SECTION. Sec. 3171. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Aquatic Lands Enhancement Account (30000225)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for the list of projects in LEAP capital document No. 2016-20, developed April 7, 2015.
Appropriation:
Aquatics Lands Enhancement Account—State $5,269,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $14,400,000
TOTAL $19,669,000
NEW SECTION. Sec. 3172. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Puget Sound Acquisition and Restoration (30000226)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for restoration projects that benefit the health of Puget Sound.
Appropriation:
State Building Construction Account—State $25,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $200,000,000
TOTAL $225,000,000
NEW SECTION. Sec. 3173. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Puget Sound Estuary and Salmon Restoration Program (30000227)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for the Puget Sound estuary and salmon restoration program. $2,500,000 of the appropriation is provided for the Vashon Island conservation initiative of the Vashon-Maury Island land trust project.
Appropriation:
State Building Construction Account—State $5,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $40,000,000
TOTAL $45,000,000
NEW SECTION. Sec. 3174. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Firearms and Archery Range Recreation (30000228)
Appropriation:
Firearms Range Account—State $580,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $2,320,000
TOTAL $2,900,000
NEW SECTION. Sec. 3175. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Recreational Trails Program (30000229)
Appropriation:
General Fund—Federal $5,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $20,000,000
TOTAL $25,000,000
NEW SECTION. Sec. 3176. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Boating Infrastructure Grants (30000230)
Appropriation:
General Fund—Federal $2,200,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $8,800,000
TOTAL $11,000,000
NEW SECTION. Sec. 3177. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Land and Water Conservation (30000231)
Appropriation:
General Fund—Federal $4,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $16,000,000
TOTAL $20,000,000
NEW SECTION. Sec. 3178. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Family Forest Fish Passage Program (30000233)
Appropriation:
State Building Construction Account—State $5,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $40,000,000
TOTAL $45,000,000
NEW SECTION. Sec. 3179. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Family Forest Fish Passage Program (91000097)
Reappropriation:
State Toxics Control Account—State $1,118,000
Prior Biennia (Expenditures) $8,882,000
Future Biennia (Projected Costs) $0
TOTAL $10,000,000
NEW SECTION. Sec. 3180. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Youth Recreation Grants (92000055)
Reappropriation:
State Building Construction Account—State $1,942,000
Prior Biennia (Expenditures) $1,688,000
Future Biennia (Projected Costs) $0
TOTAL $3,630,000
NEW SECTION. Sec. 3181. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Coastal Restoration Grants (91000448)
Appropriation:
State Building Construction Account—State $5,180,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $5,180,000
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for the following list of coastal restoration projects:
Quinault River Restoration $1,900,000
Sullivan Ponds Restoration $43,000
Rue Creek Salmon Restoration $982,000
Moses Prairie Restoration $64,000
West Fork Satsop Culvert Correction $96,000
Scammon Creek Barrier Removal $188,000
Restoration of Elochoman and Grays River Basins
$535,000
Middle Fork Satsop Culvert Correction $97,000
Middle Fork Hoquiam Culvert Correction $76,000
Makah Tribe Salmon Restoration $174,000
Greenhead Slough Barrier Removal $75,000
Ellsworth Creek Watershed Restoration $950,000
NEW SECTION. Sec. 3182. FOR THE STATE CONSERVATION COMMISSION
CREP Riparian Cost Share - State Match (30000009)
Reappropriation:
State Building Construction Account—State $800,000
Appropriation:
State Building Construction Account—State $2,600,000
Prior Biennia (Expenditures) $1,790,000
Future Biennia (Projected Costs) $11,400,000
TOTAL $16,590,000
NEW SECTION. Sec. 3183. FOR THE STATE CONSERVATION COMMISSION
Natural Resources Investment for the Economy and Environment (30000010)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for grants to complete natural resource enhancement projects necessary to improve water quality in non-shellfish growing areas.
Reappropriation:
General Fund—Federal $1,000,000
State Building Construction Account—State $1,250,000
Subtotal Reappropriation $2,250,000
Appropriation:
State Building Construction Account—State $4,000,000
Prior Biennia (Expenditures) $7,750,000
Future Biennia (Projected Costs) $0
TOTAL $14,000,000
NEW SECTION. Sec. 3184. FOR THE STATE CONSERVATION COMMISSION
CREP PIP Loan Program (30000011)
Reappropriation:
Conservation Assistance Revolving Account—State
$150,000
Appropriation:
Conservation Assistance Revolving Account—State
$100,000
Prior Biennia (Expenditures) $30,000
Future Biennia (Projected Costs) $400,000
TOTAL $680,000
NEW SECTION. Sec. 3185. FOR THE STATE CONSERVATION COMMISSION
CREP Riparian Contract Funding (30000012)
Reappropriation:
State Building Construction Account—State $500,000
Appropriation:
State Building Construction Account—State $2,231,000
Prior Biennia (Expenditures) $1,731,000
Future Biennia (Projected Costs) $8,924,000
TOTAL $13,386,000
NEW SECTION. Sec. 3186. FOR THE STATE CONSERVATION COMMISSION
Match for Federal RCPP Program (30000017)
The appropriations in this section are subject to the following conditions and limitations: The appropriation is provided solely for the state's match of a United States department of agriculture grant of up to $20,000,000 for the regional conservation partnership program. The state match is for implementation of projects that include United States department of agriculture approved activities. The regional conservation partnership program encourages coordination between the natural resource conservation service and local partners or to deliver conservation assistance to agricultural producers and landowners. If none of the eight proposals from entities in Washington state are approved by the United States department of agriculture by July 1, 2015, this section is null and void.
Appropriation:
State Building Construction Account—State $4,000,000
General Fund—Federal $20,000,000
Subtotal Appropriation $24,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $24,000,000
NEW SECTION. Sec. 3187. FOR THE STATE CONSERVATION COMMISSION
Improve Shellfish Growing Areas (30000018)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for grants to complete natural resource enhancement projects necessary to improve water quality in shellfish growing areas.
Appropriation:
State Building Construction Account—State $4,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $16,000,000
TOTAL $20,000,000
NEW SECTION. Sec. 3188. FOR THE STATE CONSERVATION COMMISSION
Conservation Commission Ranchland Preservation Projects (92000004)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for the following list of ranch land preservation projects:
Lust Family Farm and Ranch Preservation $1,619,000
Imrie Ranches Rock Creek Agricultural Easement
$4,913,000
Kelley Ranches Agricultural Easement $2,316,000
Appropriation:
State Building Construction Account—State $8,848,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $8,848,000
NEW SECTION. Sec. 3189. FOR THE STATE CONSERVATION COMMISSION
R&D Grant - Deep Furrow Conservation Drill to Conserve Soil/Water (92000008)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for a grant to support the continued development of a deep furrow conservation drill to conserve soil and water in areas of wheat farming susceptible to soil erosion.
Appropriation:
State Building Construction Account—State $350,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $350,000
NEW SECTION. Sec. 3190. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Deschutes Watershed Center (20062008)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3205, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $7,004,000
Prior Biennia (Expenditures) $3,491,000
Future Biennia (Projected Costs) $31,454,000
TOTAL $41,949,000
NEW SECTION. Sec. 3191. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Voights Creek Hatchery (20081003)
Reappropriation:
State Building Construction Account—State $3,398,000
Prior Biennia (Expenditures) $11,899,000
Future Biennia (Projected Costs) $0
TOTAL $15,297,000
NEW SECTION. Sec. 3192. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Migratory Waterfowl Habitat (20082045)
Appropriation:
State Wildlife Account—State $600,000
Prior Biennia (Expenditures) $1,080,000
Future Biennia (Projected Costs) $2,400,000
TOTAL $4,080,000
NEW SECTION. Sec. 3193. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Mitigation Projects and Dedicated Funding (20082048)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3191, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Wildlife Account—State $500,000
Special Wildlife Account—Private/Local $1,077,000
General Fund—Private/Local $1,866,000
General Fund—Federal $27,008,000
Subtotal Reappropriation $30,451,000
Appropriation:
State Wildlife Account—State $500,000
General Fund—Private/Local $1,000,000
Special Wildlife Account—Federal $1,000,000
Special Wildlife Account—Private/Local $1,000,000
General Fund—Federal $9,000,000
Subtotal Appropriation $12,500,000
Prior Biennia (Expenditures) $104,524,000
Future Biennia (Projected Costs) $54,000,000
TOTAL $201,475,000
NEW SECTION. Sec. 3194. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Lake Rufus Woods Fishing Access (30000241)
Appropriation:
State Building Construction Account—State $1,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $2,000,000
TOTAL $3,000,000
NEW SECTION. Sec. 3195. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Minor Works Preservation (30000727)
Appropriation:
State Building Construction Account—State $9,230,000
State Wildlife Account—State $300,000
Subtotal Appropriation $9,530,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $80,000,000
TOTAL $89,530,000
NEW SECTION. Sec. 3196. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Kalama Falls Hatchery Renovate Adult Handling Facilities (30000480)
Appropriation:
State Building Construction Account—State $4,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $4,000,000
NEW SECTION. Sec. 3197. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Wooten Wildlife Area Improve Flood Plain (30000481)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3207, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $106,000
General Fund—Federal $1,000,000
Subtotal Reappropriation $1,106,000
Appropriation:
General Fund—Federal $2,600,000
State Building Construction Account—State $4,000,000
Subtotal Appropriation $6,600,000
Prior Biennia (Expenditures) $1,994,000
Future Biennia (Projected Costs) $12,722,000
TOTAL $22,422,000
NEW SECTION. Sec. 3198. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Clarks Creek Hatchery Rebuild (92000038)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely to substantially rebuild the Clarks creek (Puyallup) hatchery and fulfill Washington department of transportation (WSDOT) mitigation requirements as agreed to with the Puyallup Indian nation for the widening of Interstate 5. The new hatchery must be devoted to salmon production. The department must relocate trout production to other hatcheries.
Appropriation:
State Building Construction Account—State $10,500,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $10,500,000
NEW SECTION. Sec. 3199. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Replace Fire Damaged Fencing (30000655)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3208, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $1,225,000
Prior Biennia (Expenditures) $387,000
Future Biennia (Projected Costs) $0
TOTAL $1,612,000
NEW SECTION. Sec. 3200. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Soos Creek Hatchery Renovation (30000661)
Appropriation:
State Building Construction Account—State $15,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $15,000,000
NEW SECTION. Sec. 3201. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Edmonds Pier Renovation (30000664)
Appropriation:
State Building Construction Account—State $1,465,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,465,000
NEW SECTION. Sec. 3202. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Marblemount Hatchery - Renovating Jordan Creek Intake (30000666)
Appropriation:
State Building Construction Account—State $2,293,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $2,293,000
NEW SECTION. Sec. 3203. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Fir Island Farm Estuary Restoration Project (30000673)
Appropriation:
State Building Construction Account—State $500,000
General Fund—Federal $15,500,000
Subtotal Appropriation $16,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $16,000,000
NEW SECTION. Sec. 3204. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Minor Works - Programmatic (30000682)
Appropriation:
State Building Construction Account—State $300,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $300,000
NEW SECTION. Sec. 3205. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Eells Springs Production Shift (30000723)
Appropriation:
State Building Construction Account—State $4,620,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $4,620,000
NEW SECTION. Sec. 3206. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Mitchell Act Federal Grant (91000021)
Reappropriation:
General Fund—Federal $1,014,000
Prior Biennia (Expenditures) $1,986,000
Future Biennia (Projected Costs) $0
TOTAL $3,000,000
NEW SECTION. Sec. 3207. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Fishway Improvements/Diversions (91000033)
Reappropriation:
State Building Construction Account—State $7,003,000
Prior Biennia (Expenditures) $997,000
Future Biennia (Projected Costs) $0
TOTAL $8,000,000
NEW SECTION. Sec. 3208. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Hatchery Improvements (91000036)
Reappropriation:
State Building Construction Account—State $16,109,000
Prior Biennia (Expenditures) $18,666,000
Future Biennia (Projected Costs) $0
TOTAL $34,775,000
NEW SECTION. Sec. 3209. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Minor Works - Access Sites (91000044)
Reappropriation:
State Building Construction Account—State $2,518,000
Prior Biennia (Expenditures) $4,888,000
Future Biennia (Projected Costs) $0
TOTAL $7,406,000
NEW SECTION. Sec. 3210. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Minor Works - Fish Passage Barriers (Culverts) (91000045)
Reappropriation:
State Building Construction Account—State $515,000
Prior Biennia (Expenditures) $980,000
Future Biennia (Projected Costs) $0
TOTAL $1,495,000
NEW SECTION. Sec. 3211. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Leque Island Highway 532 Road Protection (92000019)
Reappropriation:
State Building Construction Account—State $390,000
Prior Biennia (Expenditures) $290,000
Future Biennia (Projected Costs) $0
TOTAL $680,000
NEW SECTION. Sec. 3212. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Beebe Springs Development (92000026)
Reappropriation:
State Building Construction Account—State $640,000
Prior Biennia (Expenditures) $1,251,000
Future Biennia (Projected Costs) $0
TOTAL $1,891,000
NEW SECTION. Sec. 3213. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Beebe Springs (92000034)
Reappropriation:
State Building Construction Account—State $497,000
Prior Biennia (Expenditures) $3,000
Future Biennia (Projected Costs) $0
TOTAL $500,000
NEW SECTION. Sec. 3214. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Minor Works Preservation (30000479)
Reappropriation:
State Building Construction Account—State $2,500,000
Prior Biennia (Expenditures) $7,475,000
Future Biennia (Projected Costs) $0
TOTAL $9,975,000
NEW SECTION. Sec. 3215. FOR THE DEPARTMENT OF FISH AND WILDLIFE
State Land Development, Restoration, and Enhancement (92000039)
Appropriation:
State Building Construction Account—State $1,801,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,801,000
NEW SECTION. Sec. 3216. FOR THE PUGET SOUND PARTNERSHIP
Community Partnership Restoration Grants (30000007)
Reappropriation:
General Fund—Federal $1,170,000
Prior Biennia (Expenditures) $430,000
Future Biennia (Projected Costs) $0
TOTAL $1,600,000
NEW SECTION. Sec. 3217. FOR THE DEPARTMENT OF NATURAL RESOURCES
Land Acquisition Grants (20052021)
Reappropriation:
General Fund—Federal $2,360,000
Appropriation:
General Fund—Federal $5,000,000
Prior Biennia (Expenditures) $82,158,000
Future Biennia (Projected Costs) $20,000,000
TOTAL $109,518,000
NEW SECTION. Sec. 3218. FOR THE DEPARTMENT OF NATURAL RESOURCES
Forest Legacy (30000060)
Reappropriation:
General Fund—Federal $4,020,000
Appropriation:
General Fund—Federal $14,000,000
Prior Biennia (Expenditures) $16,980,000
Future Biennia (Projected Costs) $56,000,000
TOTAL $91,000,000
NEW SECTION. Sec. 3219. FOR THE DEPARTMENT OF NATURAL RESOURCES
Forest Riparian Easement Program (30000198)
Appropriation:
State Building Construction Account—State $3,500,000
Prior Biennia (Expenditures) $2,999,000
Future Biennia (Projected Costs) $14,000,000
TOTAL $20,499,000
NEW SECTION. Sec. 3220. FOR THE DEPARTMENT OF NATURAL RESOURCES
Trust Land Transfer (30000200)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for the list of projects in LEAP capital document No. 2015-22, developed April 7, 2015.
Appropriation:
State Building Construction Account—State $9,784,000
Prior Biennia (Expenditures) $115,735,000
Future Biennia (Projected Costs) $240,000,000
TOTAL $365,519,000
NEW SECTION. Sec. 3221. FOR THE DEPARTMENT OF NATURAL RESOURCES
Sustainable Recreation (30000207)
Appropriation:
State Building Construction Account—State $1,500,000
Prior Biennia (Expenditures) $2,500,000
Future Biennia (Projected Costs) $6,000,000
TOTAL $10,000,000
NEW SECTION. Sec. 3222. FOR THE DEPARTMENT OF NATURAL RESOURCES
Trust Land Replacement (30000222)
Appropriation:
Comm/Tech College Forest Reserve Account—State
$500,000
Nat Res Real Property Replacement—State $30,000,000
Resources Management Cost Account—State $30,000,000
Subtotal Appropriation $60,500,000
Prior Biennia (Expenditures) $50,500,000
Future Biennia (Projected Costs) $242,000,000
TOTAL $353,000,000
NEW SECTION. Sec. 3223. FOR THE DEPARTMENT OF NATURAL RESOURCES
State Forest Land Replacement (30000223)
Appropriation:
State Building Construction Account—State $6,000,000
Prior Biennia (Expenditures) $1,500,000
Future Biennia (Projected Costs) $6,000,000
TOTAL $13,500,000
NEW SECTION. Sec. 3224. FOR THE DEPARTMENT OF NATURAL RESOURCES
Forest Hazard Reduction (30000224)
The appropriation in this section is subject to the following conditions and limitations:
(1)(a) $9,000,000 is provided solely for forest health hazard reduction treatments on state, federal, and small nonindustrial private timber lands. The appropriation may be used for mechanical treatments, project planning, site preparation, permitting, or prescribed burning. Forest treatments to reduce insect, disease and wildfire hazards on private lands shall require a contract with the department of natural resources to provide at least a one-to-one nonstate or in-kind fund match, and to provide a fifteen-year landowner maintenance agreement. Satisfaction of the maintenance requirement at fifteen years is defined, at minimum, as returning the property's forest conditions to the original contract specifications for tree spacing and fuel loading. A landowner failing to meet the maintenance requirement is responsible for recompensing the full amount of state funding received.
(b)(i) A minimum of $800,000 of this appropriation must be spent on restoration activities on department of fish and wildlife managed lands. The department of natural resources must work with the department of fish and wildlife to prioritize and conduct these forest hazard reduction treatments.
(ii) Not more than $4,000,000 of this amount may be expended until the department of natural resources submits a report and draft legislation that recommends a feasible funding mechanism to equitably share the costs of forest health hazard reduction treatments between the general public and landowners. The goal of this plan must be to generate an additional $5,000,000 each fiscal year. The department shall submit the report and draft legislation to the governor and fiscal committees of the legislature by October 15, 2015. If this report is not submitted the amount provided in this subsection lapses.
(2) $1,000,000 is provided solely for grants to local communities, counties, fire districts, and conservation districts to establish new firewise communities and complete near-term actions to increase public safety. The department must implement policies and procedures to follow by local communities, counties, fire districts, and conservation districts that seek to enroll in the firewise program.
Appropriation:
State Building Construction Account—State $10,000,000
Prior Biennia (Expenditures) $4,000,000
Future Biennia (Projected Costs) $40,000,000
TOTAL $54,000,000
NEW SECTION. Sec. 3225. FOR THE DEPARTMENT OF NATURAL RESOURCES
DNR Olympic Region Shop Fire Recovery (30000225)
Appropriation:
State Building Construction Account—State $1,471,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,471,000
NEW SECTION. Sec. 3226. FOR THE DEPARTMENT OF NATURAL RESOURCES
Blanchard Working Forest (30000231)
Appropriation:
State Building Construction Account—State $2,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $5,500,000
TOTAL $7,500,000
NEW SECTION. Sec. 3227. FOR THE DEPARTMENT OF NATURAL RESOURCES
2015-2017 Minor Works Programmatic (30000237)
Appropriation:
State Building Construction Account—State $250,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $250,000
NEW SECTION. Sec. 3228. FOR THE DEPARTMENT OF NATURAL RESOURCES
2015-2017 Minor Works Preservation (30000238)
Appropriation:
State Building Construction Account—State $3,836,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $3,836,000
NEW SECTION. Sec. 3229. FOR THE DEPARTMENT OF NATURAL RESOURCES
Contaminated Sites Cleanup and Settlement (30000240)
The appropriation in this section is subject to the following conditions and limitations:
(1) $261,000 is provided solely for the state's share of liability under the model toxics control act for the cleanup of lead contamination at a rock pit now owned by plum creek timber company.
(2) $95,000 is provided solely for the contaminated soils cleanup at the Cedar creek correction center.
(3) $125,000 is provided solely for the webster nursery pesticides and groundwater cleanup.
(4) $375,000 is provided solely for the underground storage tank cleanup of contaminated soils of an old fueling station at the department of natural resources, SE region headquarters' parking lot that is within the city of Ellensburg new drinking water supply wellhead protection area.
Appropriation:
Environmental Legacy Stewardship Account—State
$856,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $856,000
NEW SECTION. Sec. 3230. FOR THE DEPARTMENT OF NATURAL RESOURCES
Natural Areas Facilities Preservation and Access (30000241)
Appropriation:
State Building Construction Account—State $1,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $8,000,000
TOTAL $9,000,000
NEW SECTION. Sec. 3231. FOR THE DEPARTMENT OF NATURAL RESOURCES
Road Maintenance and Abandonment Plan (RMAP) (91000040)
Appropriation:
State Building Construction Account—State $3,000,000
Prior Biennia (Expenditures) $6,834,000
Future Biennia (Projected Costs) $4,024,000
TOTAL $13,858,000
NEW SECTION. Sec. 3232. FOR THE DEPARTMENT OF NATURAL RESOURCES
Puget Sound Corps (91000046)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for the Puget Sound corps projects. Portions of the appropriation may be used by the Puget Sound corps to install fishing line collection and recycling devices, provided that the department of fish and wildlife design and supply the devices, and specify where they should be installed.
Reappropriation:
Aquatic Lands Enhancement Account—State $200,000
Appropriation:
State Building Construction Account—State $8,000,000
Prior Biennia (Expenditures) $12,800,000
Future Biennia (Projected Costs) $32,000,000
TOTAL $53,000,000
NEW SECTION. Sec. 3233. FOR THE DEPARTMENT OF NATURAL RESOURCES
Barbeque Flats Road Access (91000081)
Reappropriation:
State Building Construction Account—State $480,000
Prior Biennia (Expenditures) $20,000
Future Biennia (Projected Costs) $0
TOTAL $500,000
NEW SECTION. Sec. 3234. FOR THE DEPARTMENT OF NATURAL RESOURCES
Quinault Coastal Forest and Watershed Restoration Grant (92000019)
Reappropriation:
State Building Construction Account—State $500,000
Prior Biennia (Expenditures) $1,300,000
Future Biennia (Projected Costs) $0
TOTAL $1,800,000
NEW SECTION. Sec. 3235. FOR THE DEPARTMENT OF NATURAL RESOURCES
Road Maintenance and Abandonment Plans (RMAP) (30000211)
Reappropriation:
State Building Construction Account—State $138,000
Prior Biennia (Expenditures) $1,862,000
Future Biennia (Projected Costs) $0
TOTAL $2,000,000
NEW SECTION. Sec. 3236. FOR THE DEPARTMENT OF NATURAL RESOURCES
State Land Development, Restoration, and Enhancement (92000022)
Appropriation:
State Building Construction Account—State $636,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $636,000
NEW SECTION. Sec. 3237. FOR THE DEPARTMENT OF AGRICULTURE
Animal Disease Traceability (91000004)
Reappropriation:
Public Facility Construction Loan Revolving
Account—State $249,000
Prior Biennia (Expenditures) $632,000
Future Biennia (Projected Costs) $0
TOTAL $881,000
PART 4
TRANSPORTATION
NEW SECTION. Sec. 4001. FOR THE WASHINGTON STATE PATROL
FTA Access Road Reconstruction (30000059)
Appropriation:
Fire Service Training Account—State $900,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $950,000
TOTAL $1,850,000
NEW SECTION. Sec. 4002. FOR THE WASHINGTON STATE PATROL
Fire Training Academy Burn Building Replacement (30000071)
Reappropriation:
Fire Service Training Account—State $200,000
Prior Biennia (Expenditures) $1,300,000
Future Biennia (Projected Costs) $0
TOTAL $1,500,000
NEW SECTION. Sec. 4003. FOR THE WASHINGTON STATE PATROL
Fire Training Academy Emergency Preservation and Repair (30000100)
Appropriation:
State Building Construction Account—State $50,000
Fire Service Training Account—State $200,000
Subtotal Appropriation $250,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $250,000
NEW SECTION. Sec. 4004. FOR THE WASHINGTON STATE PATROL
FTA Campus Communication Infrastructure Improvement (30000101)
Appropriation:
Fire Service Training Account—State $400,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $400,000
NEW SECTION. Sec. 4005. FOR THE WASHINGTON STATE PATROL
FTA Master Plan Phase I Projects Design and Construction (30000103)
Appropriation:
Fire Service Training Account—State $40,000
State Building Construction Account—State $60,000
Subtotal Appropriation $100,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $4,900,000
TOTAL $5,000,000
PART 5
EDUCATION
NEW SECTION. Sec. 5001. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Pierce County Skills Center (20084856)
Reappropriation:
State Building Construction Account—State $5,432,000
School Construction and Skills Center Building
Account—State $30,000
Subtotal Reappropriation $5,462,000
Prior Biennia (Expenditures) $30,083,000
Future Biennia (Projected Costs) $0
TOTAL $35,545,000
NEW SECTION. Sec. 5002. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
2009-11 School Construction Asst. Grant Program (30000031)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 5004, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Common School Construction Account—State $7,968,000
Prior Biennia (Expenditures) $508,627,000
Future Biennia (Projected Costs) $0
TOTAL $516,595,000
NEW SECTION. Sec. 5003. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
2011-13 School Construction Assistance Program (30000071)
Reappropriation:
Common School Construction Account—State
$60,935,000
Prior Biennia (Expenditures) $496,257,000
Future Biennia (Projected Costs) $0
TOTAL $557,192,000
NEW SECTION. Sec. 5004. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Yakima Valley Technical Skills Center (30000076)
Reappropriation:
State Building Construction Account—State $2,161,000
Prior Biennia (Expenditures) $23,282,000
Future Biennia (Projected Costs) $0
TOTAL $25,443,000
NEW SECTION. Sec. 5005. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
SEA-Tech Branch Campus of Tri-Tech Skills Center (30000078)
Reappropriation:
State Building Construction Account—State $338,000
Prior Biennia (Expenditures) $11,181,000
Future Biennia (Projected Costs) $0
TOTAL $11,519,000
NEW SECTION. Sec. 5006. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Grant County Branch Campus of Wenatchee Valley Skills Center (30000091)
Reappropriation:
State Building Construction Account—State $1,183,000
Prior Biennia (Expenditures) $18,225,000
Future Biennia (Projected Costs) $0
TOTAL $19,408,000
NEW SECTION. Sec. 5007. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Clark County Skills Center (30000093)
Reappropriation:
State Building Construction Account—State $1,100,000
Prior Biennia (Expenditures) $6,801,000
Future Biennia (Projected Costs) $0
TOTAL $7,901,000
NEW SECTION. Sec. 5008. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
2013-15 School Construction Assistance Program - Maintenance (30000145)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 5020, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $154,741,000
Common School Construction Account—State
$100,456,000
Subtotal Reappropriation $255,197,000
Prior Biennia (Expenditures) $132,250,000
Future Biennia (Projected Costs) $0
TOTAL $387,447,000
NEW SECTION. Sec. 5009. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Tri-Tech Skills Center East (30000159)
Appropriation:
State Building Construction Account—State $4,800,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $4,800,000
NEW SECTION. Sec. 5010. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Clark County Building 100 Modernization (30000160)
Appropriation:
State Building Construction Account—State $1,146,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $9,054,000
TOTAL $10,200,000
NEW SECTION. Sec. 5011. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
West Sound Technical Skills Center (30000162)
Appropriation:
State Building Construction Account—State $3,259,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $25,989,000
TOTAL $29,248,000
NEW SECTION. Sec. 5012. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Capital Program Administration (30000165)
The appropriation in this section is subject to the following conditions and limitations:
(1) The superintendent of public instruction will publish to its web site and report to the office of financial management, the appropriate committees of the legislature, and the legislative evaluation and accountability program a list of local school district projects submitted for school construction assistance within seven business days of the grant program deadline. The report must be updated within seven days following the superintendent of public instruction's final grant award decisions. Prior versions of the report must be maintained on the web site in order to monitor changes in estimates as the grant process progresses. The report must include, but not be limited to:
(a) School district;
(b) Project name;
(c) Estimated square footage by proposed project type;
(d) Estimated total of all project costs and estimated total construction contract cost;
(e) Funding sources and election dates, if applicable; and
(f) Intent to front-fund the project.
(2) The superintendent of public instruction will provide to the office of financial management and the legislative evaluation and accountability program committee in electronic database form the following:
(a) Study and survey information beginning with grants awarded July 1, 2015; and
(b) All available inventory and condition of schools data.
(3) The superintendent of public instruction must consult with the appropriate committees of the legislature, the office of financial management, and the community and technical colleges to develop an evaluation process and criteria that will provide information necessary to prioritize skills center requests. The process and criteria must be developed by December 1, 2015, and include at least the following criteria with regard to new skills center development or major renovation:
(a) Location;
(b) Programs;
(c) Reasonableness of construction costs;
(d) Life cycle costs;
(e) Demand; and
(f) Other relevant factors.
Appropriation:
Common School Construction Account—State $2,924,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $12,244,000
TOTAL $15,168,000
NEW SECTION. Sec. 5013. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
2015-17 School Construction Assistance Program (30000169)
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,355,000 of the common school construction account—state appropriation is provided solely for study and survey grants and for completing inventory and building condition assessments for all public school districts once every six years. The office of the superintendent of public instruction will update data in the inventory and condition of school system database to reflect the studies and surveys submitted by school districts receiving grants in the 2015-2017 fiscal biennium.
(2) $771,000 of the common school construction account—state appropriation is provided solely for mapping the design of new facilities and remapping the design of facilities to be remodeled, for school construction projects funded through the school construction assistance program.
(3) The office of the superintendent of public instruction, in consultation with the technical advisory committee, must develop a formula-based method of allocating energy incentives that would be administered through the school construction assistance program to increase energy efficiency and the use of renewable resources. The recommended formula-based method must be submitted to the office of financial management, the senate ways and means committee, and the house capital budget committee by December 31, 2015.
(4) The superintendent of public instruction must weight and prioritize grant requests on the following criteria and in the following order: (a) Will provide facility capacity needs to reduce kindergarten through third grade class sizes at high poverty schools; (b) will provide facility capacity needs to reduce kindergarten through third grade class sizes in remaining schools.
Appropriation:
State Building Construction Account—State $389,028,000
Common School Construction Account—State
$218,935,000
Common School Construction Account—Federal
$4,650,000
Subtotal Appropriation $612,613,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $3,638,207,000
TOTAL $4,250,820,000
NEW SECTION. Sec. 5014. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Energy Efficiency Grants for K-12 Schools (91000017)
Reappropriation:
State Building Construction Account—State $415,000
Prior Biennia (Expenditures) $39,585,000
Future Biennia (Projected Costs) $0
TOTAL $40,000,000
NEW SECTION. Sec. 5015. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Distressed Schools (91000024)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 5021, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $10,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $10,000,000
NEW SECTION. Sec. 5016. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Energy Efficiency Grants for K-12 Schools (91000025)
Reappropriation:
State Building Construction Account—State $4,186,000
Prior Biennia (Expenditures) $2,814,000
Future Biennia (Projected Costs) $0
TOTAL $7,000,000
NEW SECTION. Sec. 5017. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
San Juan Island School District STEM Vocational Bldg Renovation (91000027)
Reappropriation:
State Building Construction Account—State $278,000
Prior Biennia (Expenditures) $722,000
Future Biennia (Projected Costs) $0
TOTAL $1,000,000
NEW SECTION. Sec. 5018. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Wenatchee Valley Skills Center (92000004)
Reappropriation:
State Building Construction Account—State $4,124,000
Prior Biennia (Expenditures) $5,376,000
Future Biennia (Projected Costs) $0
TOTAL $9,500,000
NEW SECTION. Sec. 5019. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
NEWTECH Skill Center (Spokane Area Professional-Technical) (92000005)
Reappropriation:
State Building Construction Account—State $7,786,000
Appropriation:
State Building Construction Account—State $7,493,000
School Construction and Skill Centers Building
Account—State $657,000
Subtotal Appropriation $8,150,000
Prior Biennia (Expenditures) $5,901,000
Future Biennia (Projected Costs) $0
TOTAL $21,837,000
NEW SECTION. Sec. 5020. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Puget Sound Skills Center (92000007)
Reappropriation:
State Building Construction Account—State $59,000
Appropriation:
State Building Construction Account—State $19,433,000
Prior Biennia (Expenditures) $1,441,000
Future Biennia (Projected Costs) $0
TOTAL $20,933,000
NEW SECTION. Sec. 5021. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Distressed Schools (92000009)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 602, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $531,000
Prior Biennia (Expenditures) $26,869,000
Future Biennia (Projected Costs) $0
TOTAL $27,400,000
NEW SECTION. Sec. 5022. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Yakima Valley Technical Skills Center Sunnyside Satellite (92000013)
Reappropriation:
State Building Construction Account—State $374,000
Prior Biennia (Expenditures) $5,851,000
Future Biennia (Projected Costs) $0
TOTAL $6,225,000
NEW SECTION. Sec. 5023. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
2007-09 School Construction Assistance Grant Program (20084200)
Reappropriation:
Common School Construction Account—State $283,000
Prior Biennia (Expenditures) $791,476,000
Future Biennia (Projected Costs) $0
TOTAL $791,759,000
NEW SECTION. Sec. 5024. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Northeast King County Skills Center (20084855)
Reappropriation:
School Construction and Skill Centers Building Account
(Bonds)—State $41,000
Prior Biennia (Expenditures) $8,561,000
Future Biennia (Projected Costs) $0
TOTAL $8,602,000
NEW SECTION. Sec. 5025. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
School Security Improvement Grants (92000015)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 5025, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $9,231,000
Prior Biennia (Expenditures) $769,000
Future Biennia (Projected Costs) $0
TOTAL $10,000,000
NEW SECTION. Sec. 5026. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Delta High School (92000017)
Reappropriation:
State Building Construction Account—State $3,228,000
Prior Biennia (Expenditures) $2,172,000
Future Biennia (Projected Costs) $0
TOTAL $5,400,000
NEW SECTION. Sec. 5027. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
STEM Facility Improvements (92000036)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for grants to public school districts for the modernization and upgrade of specialized science, technology, engineering and math (STEM) facilities in high schools.
(1) The specialized STEM facility grant program must be administered by the superintendent of public instruction in consultation with the STEM education innovation alliance specified in RCW 28A.188.030 and the statewide STEM organization specified in RCW 28A.188.050. The superintendent of public instruction must develop grant application materials in consultation with the statewide STEM organization, must review applications for accuracy and financial reasonableness, and must administer awarded grants. With funds specifically appropriated for this purpose, the superintendent of public instruction must contract with the statewide STEM organization specified in RCW 28A.188.050 to evaluate applications against the criteria specified in subsection (3) of this section and recommend a single rank-ordered list of grant applications. The superintendent of public instruction may modify the rank-ordered list received by the statewide STEM organization to prepare a preliminary grant award list for submission to the office of financial management as part of the required allotment request. The preliminary award list must also be submitted to the appropriate committees of the legislature with the original ranking by the statewide STEM organization with explanations for any changes made to the ranking. The office of financial management must not approve requested allotments for the proposed grant awards for thirty days following the allotment request to allow review of the proposed grant award list by interested parties.
(2) One hundred percent of project costs are eligible for grants under this program for:
(a) Facilities owned by public school districts or public charter schools used for grades nine through twelve;
(b) Facilities built or modernized more than ten years prior to the grant application; and
(c) Project costs for design, construction, project management, capitalized and noncapitalized equipment and fixtures, and necessary utility and information technology systems upgrades to support the specialized STEM facilities.
(3) The criteria listed in this subsection must be used to rank grant requests. In applying these criteria, the statewide STEM organization should seek to recommend funding for projects that modernize the most inadequate facilities, to be used by the most qualified STEM teachers, expected to result in the greatest gains in STEM literacy for the greatest number of students for the aggregate amount of proposed grant funding, while improving specialized STEM facilities in rural, suburban, and urban districts in all parts of the state. The criteria are:
(a) The extent that existing STEM facilities are inadequate including the lack of adequate STEM facilities to meet graduation requirements in RCW 28A.150.220;
(b) A demonstration that existing STEM faculty are in place and are qualified to deliver an interactive, project-based STEM curriculum in the proposed specialized STEM facilities, or a plan and budget are in place to recruit or train such STEM faculty;
(c) The expected gains in STEM literacy that are expected from the proposed specialized STEM facilities in comparison to the proposed project costs; and
(d) A broad distribution of grants across the state benefiting rural, suburban, and urban districts.
(4) Modernized spaces funded with this grant program in the prior ten years are not eligible to receive state funding for modernization through this grant program or the school construction assistance program for the space that has been modernized with this grant program. The office of the superintendent of public instruction shall write rules to ensure new space added with funding provided by this grant is included in the eligible inventory for the school construction assistance program.
(5) The office of the superintendent of public instruction, in consultation with the STEM education innovation alliance, must prepare a plan for evaluating the student performance outcomes resulting from the STEM facility grant program. The evaluation plan and estimated cost must be submitted to the appropriate committees of the legislature by January 1, 2017. The evaluation plan must provide an initial evaluation report on student outcomes by January 1, 2021. The report must also consider options for expanding the grant program to improve specialized STEM facilities for middle and elementary schools.
Appropriation:
State Building Construction Account—State $10,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $10,000,000
NEW SECTION. Sec. 5028. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Spokane Valley Tech Skills Center Addition (92000038)
Appropriation:
State Building Construction Account—State $1,100,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,100,000
NEW SECTION. Sec. 5029. FOR THE STATE SCHOOL FOR THE BLIND
General Campus Preservation (30000033)
Reappropriation:
State Building Construction Account—State $100,000
Prior Biennia (Expenditures) $400,000
Future Biennia (Projected Costs) $0
TOTAL $500,000
NEW SECTION. Sec. 5030. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Distressed Schools (91000404)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for the replacement of the Marysville Pilchuck high school cafeteria.
Appropriation:
State Building Construction Account—State $5,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $5,000,000
NEW SECTION. Sec. 5031. FOR THE STATE SCHOOL FOR THE BLIND
Independent Living Cottage (30000001)
Appropriation:
State Building Construction Account—State $506,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $3,651,000
TOTAL $4,157,000
NEW SECTION. Sec. 5032. FOR THE STATE SCHOOL FOR THE BLIND
General Campus Preservation (30000088)
Appropriation:
State Building Construction Account—State $640,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $1,920,000
TOTAL $2,560,000
NEW SECTION. Sec. 5033. FOR THE WASHINGTON STATE CENTER FOR CHILDHOOD DEAFNESS AND HEARING LOSS
New Education and Physical Education Building (30000022)
The appropriation in this section is subject to the following conditions and limitations: (1) The center for childhood deafness and hearing loss shall update the predesign for a new education and physical education building; (2) upon completion of the predesign study, the center for childhood deafness and hearing loss shall enter into an interagency agreement with the office of financial management to provide funding for a budget evaluation study. The office of financial management shall use a budget evaluation study team approach using value engineering techniques and life cycle cost analysis in conducting the study. The office of financial management shall select the budget evaluation team members, contract for the study, and report the results to the legislature and the center for childhood deafness and hearing loss in a timely manner following completion of the study. The study must also include a review of specific facility needs that provide support in educating students with deafness or hearing loss.
Appropriation:
State Building Construction Account—State $230,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $22,850,000
TOTAL $23,080,000
NEW SECTION. Sec. 5034. FOR THE WASHINGTON STATE CENTER FOR CHILDHOOD DEAFNESS AND HEARING LOSS
Minor Public Works (30000023)
Reappropriation:
State Building Construction Account—State $924,000
Prior Biennia (Expenditures) $23,000
Future Biennia (Projected Costs) $0
TOTAL $947,000
NEW SECTION. Sec. 5035. FOR THE WASHINGTON STATE CENTER FOR CHILDHOOD DEAFNESS AND HEARING LOSS
Minor Works - Preservation (30000025)
Appropriation:
State Building Construction Account—State $500,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $2,000,000
TOTAL $2,500,000
NEW SECTION. Sec. 5036. FOR THE WASHINGTON STATE CENTER FOR CHILDHOOD DEAFNESS AND HEARING LOSS
Cottage HVAC Replacement (30000028)
Appropriation:
State Building Construction Account—State $2,160,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $2,160,000
NEW SECTION. Sec. 5037. FOR THE UNIVERSITY OF WASHINGTON
Denny Hall Renovation (20081002)
Reappropriation:
State Building Construction Account—State $27,300,000
Prior Biennia (Expenditures) $5,590,000
Future Biennia (Projected Costs) $0
TOTAL $32,890,000
NEW SECTION. Sec. 5038. FOR THE UNIVERSITY OF WASHINGTON
Lewis Hall Renovation (20081003)
Reappropriation:
State Building Construction Account—State $150,000
Prior Biennia (Expenditures) $3,915,000
Future Biennia (Projected Costs) $0
TOTAL $4,065,000
NEW SECTION. Sec. 5039. FOR THE UNIVERSITY OF WASHINGTON
Burke Museum (20082850)
Reappropriation:
State Building Construction Account—State $650,000
Appropriation:
State Building Construction Account—State $46,200,000
Prior Biennia (Expenditures) $3,150,000
Future Biennia (Projected Costs) $0
TOTAL $50,000,000
NEW SECTION. Sec. 5040. FOR THE UNIVERSITY OF WASHINGTON
Health Sciences Education Phase I - T-Wing Renovation/Addition (30000486)
Appropriation:
State Building Construction Account—State $623,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $93,377,000
TOTAL $94,000,000
NEW SECTION. Sec. 5041. FOR THE UNIVERSITY OF WASHINGTON
School of Nursing Simulation Learning Lab (30000600)
Appropriation:
State Building Construction Account—State $4,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $4,000,000
NEW SECTION. Sec. 5042. FOR THE UNIVERSITY OF WASHINGTON
Health Sciences Interprofessional Education Classroom Phase I (30000602)
Appropriation:
State Building Construction Account—State $2,710,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $2,710,000
NEW SECTION. Sec. 5043. FOR THE UNIVERSITY OF WASHINGTON
Computer Science and Engineering Expansion (30000603)
The appropriation in this section is subject to the following condition and limitation: The appropriation is provided solely for the construction of a new computer science and engineering building built in a location consistent with the preferred site as recommended by the CSE II feasibility study produced by LMN architects and analyzed in the 2015 environmental impact study.
Appropriation:
State Building Construction Account—State $32,500,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $32,500,000
NEW SECTION. Sec. 5044. FOR THE UNIVERSITY OF WASHINGTON
University of Washington Minor Capital Repairs - Preservation (30000604)
Appropriation:
University of Washington Building Account—State
$43,175,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $172,700,000
TOTAL $215,875,000
NEW SECTION. Sec. 5045. FOR THE UNIVERSITY OF WASHINGTON
Minor Capital Repairs - Preservation (30000494)
Reappropriation:
University of Washington Building Account—State
$4,200,000
Prior Biennia (Expenditures) $42,554,000
Future Biennia (Projected Costs) $0
TOTAL $46,754,000
NEW SECTION. Sec. 5046. FOR THE UNIVERSITY OF WASHINGTON
Preventive Facility Maintenance and Building System Repairs (30000714)
Appropriation:
University of Washington Building Account—State
$25,825,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $103,300,000
TOTAL $129,125,000
NEW SECTION. Sec. 5047. FOR THE UNIVERSITY OF WASHINGTON
University of Washington Tacoma Urban/Science Education Facility (91000014)
Reappropriation:
State Building Construction Account—State $500,000
Prior Biennia (Expenditures) $1,400,000
Future Biennia (Projected Costs) $0
TOTAL $1,900,000
NEW SECTION. Sec. 5048. FOR THE UNIVERSITY OF WASHINGTON
University of Washington Tacoma Campus Soil Remediation (92000002)
Appropriation:
State Toxics Control Account—State $1,000,000
Prior Biennia (Expenditures) $5,000,000
Future Biennia (Projected Costs) $4,000,000
TOTAL $10,000,000
NEW SECTION. Sec. 5049. FOR THE UNIVERSITY OF WASHINGTON
University of Washington Tacoma Classroom Building Renovation - Urban Solutions Center (30000490)
Appropriation:
State Building Construction Account—State $16,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $16,000,000
NEW SECTION. Sec. 5050. FOR THE WASHINGTON STATE UNIVERSITY
Washington State University Pullman - Troy Hall Renovation (20061030)
Reappropriation:
State Building Construction Account—State $850,000
Washington State University Building Account—State
$400,000
Subtotal Reappropriation $1,250,000
Appropriation:
State Building Construction Account—State $30,282,000
Prior Biennia (Expenditures) $771,000
Future Biennia (Projected Costs) $0
TOTAL $32,303,000
NEW SECTION. Sec. 5051. FOR THE WASHINGTON STATE UNIVERSITY
Clean Technology Laboratory (30000069)
Reappropriation:
State Building Construction Account—State $8,000,000
Prior Biennia (Expenditures) $24,835,000
Future Biennia (Projected Costs) $0
TOTAL $32,835,000
NEW SECTION. Sec. 5052. FOR THE WASHINGTON STATE UNIVERSITY
2015-17 Minor Works - Preservation (30001188)
Appropriation:
Washington State University Building Account—
State $25,936,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $134,340,000
TOTAL $160,276,000
NEW SECTION. Sec. 5053. FOR THE WASHINGTON STATE UNIVERSITY
Washington State University Tri-Cities - Academic Building (30001190)
Appropriation:
State Building Construction Account—State $400,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $68,600,000
TOTAL $69,000,000
NEW SECTION. Sec. 5054. FOR THE WASHINGTON STATE UNIVERSITY
Preventive Facility Maintenance and Building System Repairs (30001324)
Appropriation:
Washington State University Building Account—
State $10,115,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $10,115,000
NEW SECTION. Sec. 5055. FOR THE WASHINGTON STATE UNIVERSITY
Everett University Center (91000026)
Reappropriation:
State Building Construction Account—State $4,000,000
Appropriation:
State Building Construction Account—State $50,317,000
Prior Biennia (Expenditures) $6,000,000
Future Biennia (Projected Costs) $0
TOTAL $60,317,000
NEW SECTION. Sec. 5056. FOR THE WASHINGTON STATE UNIVERSITY
Washington State University Pullman - Plant Sciences Building (REC#5) (30000519)
Appropriation:
Washington State University Building Account—State
$6,600,000
Prior Biennia (Expenditures) $500,000
Future Biennia (Projected Costs) $58,900,000
TOTAL $66,000,000
NEW SECTION. Sec. 5057. FOR THE WASHINGTON STATE UNIVERSITY
2013-15 Minor Works - Preservation, Safety, Infrastructure (30000849)
Reappropriation:
State Building Construction Account—State $650,000
Washington State University Building Account—State
$1,720,000
Subtotal Reappropriation $2,370,000
Prior Biennia (Expenditures) $26,194,000
Future Biennia (Projected Costs) $0
TOTAL $28,564,000
NEW SECTION. Sec. 5058. FOR THE WASHINGTON STATE UNIVERSITY
Dairy Research and Teaching Facility (30001168)
Appropriation:
Washington State University Building Account—State
$8,300,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $8,300,000
NEW SECTION. Sec. 5059. FOR THE EASTERN WASHINGTON UNIVERSITY
University Science Center - Science I (30000001)
The appropriations in this section are subject to the following conditions and limitations: By September 1, 2016, the university shall provide to the governor and the legislative fiscal committees, enrollment and utilization projections for each of the proposed science I, science II, and science building renovation projects. The projections must include current enrollment and utilization of the major courses that will be offered in each building. The projections must be for twenty five years from the start of the buildings' occupancy.
Appropriation:
State Building Construction Account—State $4,791,000
Prior Biennia (Expenditures) $400,000
Future Biennia (Projected Costs) $55,444,000
TOTAL $60,635,000
NEW SECTION. Sec. 5060. FOR THE EASTERN WASHINGTON UNIVERSITY
Upgrade/Repair Campus Water System (30000422)
Reappropriation:
State Building Construction Account—State $3,683,000
Eastern Washington University Capital Projects Account—
State $1,770,000
Subtotal Reappropriation $5,453,000
Prior Biennia (Expenditures) $1,825,000
Future Biennia (Projected Costs) $0
TOTAL $7,278,000
NEW SECTION. Sec. 5061. FOR THE EASTERN WASHINGTON UNIVERSITY
Infrastructure Renewal I (30000506)
Appropriation:
State Building Construction Account—State $9,949,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $9,949,000
NEW SECTION. Sec. 5062. FOR THE EASTERN WASHINGTON UNIVERSITY
Renovate Science (30000507)
Appropriation:
State Building Construction Account—State $350,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $52,000,000
TOTAL $52,350,000
NEW SECTION. Sec. 5063. FOR THE EASTERN WASHINGTON UNIVERSITY
Minor Works - Facility Preservation (30000513)
Appropriation:
State Building Construction Account—State $4,000,000
Eastern Washington University Capital Projects
Account—State $7,667,000
Subtotal Appropriation $11,667,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $56,000,000
TOTAL $67,667,000
NEW SECTION. Sec. 5064. FOR THE EASTERN WASHINGTON UNIVERSITY
Minor Works - Program (30000516)
Appropriation:
Eastern Washington University Capital Projects Account—
State $1,500,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $16,000,000
TOTAL $17,500,000
NEW SECTION. Sec. 5065. FOR THE EASTERN WASHINGTON UNIVERSITY
Preventive Maintenance and Building System Repairs (30000547)
Appropriation:
Eastern Washington University Capital Projects Account—
State $2,217,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $8,868,000
TOTAL $11,085,000
NEW SECTION. Sec. 5066. FOR THE EASTERN WASHINGTON UNIVERSITY
Eastern Washington University Minor Works Preservation (30000468)
Reappropriation:
State Building Construction Account—State $23,000
Eastern Washington University Capital Projects
Account—State $2,673,000
Subtotal Reappropriation $2,696,000
Prior Biennia (Expenditures) $5,804,000
Future Biennia (Projected Costs) $0
TOTAL $8,500,000
NEW SECTION. Sec. 5067. FOR THE CENTRAL WASHINGTON UNIVERSITY
Science Building (30000045)
Reappropriation:
State Building Construction Account—State $42,000,000
Prior Biennia (Expenditures) $21,771,000
Future Biennia (Projected Costs) $0
TOTAL $63,771,000
NEW SECTION. Sec. 5068. FOR THE CENTRAL WASHINGTON UNIVERSITY
Samuelson Communication and Technology Center (SCTC) (30000451)
Reappropriation:
State Building Construction Account—State $1,600,000
Appropriation:
State Building Construction Account—State $52,451,000
Prior Biennia (Expenditures) $3,400,000
Future Biennia (Projected Costs) $0
TOTAL $57,451,000
NEW SECTION. Sec. 5069. FOR THE CENTRAL WASHINGTON UNIVERSITY
Nutrition Science (30000456)
Appropriation:
State Building Construction Account—State $4,300,000
Prior Biennia (Expenditures) $281,000
Future Biennia (Projected Costs) $44,400,000
TOTAL $48,981,000
NEW SECTION. Sec. 5070. FOR THE CENTRAL WASHINGTON UNIVERSITY
Minor Works Preservation (30000684)
Appropriation:
State Building Construction Account—State $4,000,000
Central Washington University Capital Projects Account—
State $1,935,000
Subtotal Appropriation $5,935,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $18,640,000
TOTAL $24,575,000
NEW SECTION. Sec. 5071. FOR THE CENTRAL WASHINGTON UNIVERSITY
Bouillon Hall Renovation (30000711)
Appropriation:
State Building Construction Account—State $4,977,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $4,977,000
NEW SECTION. Sec. 5072. FOR THE CENTRAL WASHINGTON UNIVERSITY
Minor Works Program (30000723)
Appropriation:
Central Washington University Capital Projects Account—
State $3,777,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $4,768,000
TOTAL $8,545,000
NEW SECTION. Sec. 5073. FOR THE CENTRAL WASHINGTON UNIVERSITY
Lind Hall Renovation (30000738)
Appropriation:
State Building Construction Account—State $4,900,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $4,900,000
NEW SECTION. Sec. 5074. FOR THE CENTRAL WASHINGTON UNIVERSITY
Combined Utilities (30000740)
Appropriation:
State Building Construction Account—State $8,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $32,000,000
TOTAL $40,000,000
NEW SECTION. Sec. 5075. FOR THE CENTRAL WASHINGTON UNIVERSITY
Old Heat - Plant Annex (30000767)
Appropriation:
State Building Construction Account—State $3,590,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $3,590,000
NEW SECTION. Sec. 5076. FOR THE CENTRAL WASHINGTON UNIVERSITY
Preventive Maintenance and Building System Repairs (30000770)
Appropriation:
Central Washington University Capital Projects Account—
State $2,422,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $2,422,000
NEW SECTION. Sec. 5077. FOR THE CENTRAL WASHINGTON UNIVERSITY
Combined Utilities (30000448)
Reappropriation:
State Building Construction Account—State $430,000
Prior Biennia (Expenditures) $9,780,000
Future Biennia (Projected Costs) $0
TOTAL $10,210,000
NEW SECTION. Sec. 5078. FOR THE CENTRAL WASHINGTON UNIVERSITY
Minor Works Preservation (30000615)
Reappropriation:
Central Washington University Capital Projects Account—
State $1,500,000
Prior Biennia (Expenditures) $5,500,000
Future Biennia (Projected Costs) $0
TOTAL $7,000,000
NEW SECTION. Sec. 5079. FOR THE EVERGREEN STATE COLLEGE
Science Center - Lab II, 2nd Floor Renovation (30000117)
Reappropriation:
State Building Construction Account—State $575,000
Prior Biennia (Expenditures) $4,119,000
Future Biennia (Projected Costs) $0
TOTAL $4,694,000
NEW SECTION. Sec. 5080. FOR THE EVERGREEN STATE COLLEGE
Science Center - Lab I Basement Renovation (30000118)
Reappropriation:
State Building Construction Account—State $1,525,000
Appropriation:
State Building Construction Account—State $3,240,000
Prior Biennia (Expenditures) $280,000
Future Biennia (Projected Costs) $0
TOTAL $5,045,000
NEW SECTION. Sec. 5081. FOR THE EVERGREEN STATE COLLEGE
Seminar I Renovation (30000125)
Appropriation:
State Building Construction Account—State $400,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $23,318,000
TOTAL $23,718,000
NEW SECTION. Sec. 5082. FOR THE EVERGREEN STATE COLLEGE
Facilities Preservation (30000457)
Appropriation:
State Building Construction Account—State $2,770,000
The Evergreen State College Capital Projects Account—
State $7,275,000
Subtotal Appropriation $10,045,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $39,955,000
TOTAL $50,000,000
NEW SECTION. Sec. 5083. FOR THE EVERGREEN STATE COLLEGE
Minor Works Program (30000487)
Appropriation:
The Evergreen State College Capital Projects
Account—State $1,164,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $9,140,000
TOTAL $10,304,000
NEW SECTION. Sec. 5084. FOR THE EVERGREEN STATE COLLEGE
Lecture Hall Remodel (30000493)
Reappropriation:
State Building Construction Account—State $300,000
Appropriation:
State Building Construction Account—State $16,310,000
Prior Biennia (Expenditures) $1,251,000
Future Biennia (Projected Costs) $0
TOTAL $17,861,000
NEW SECTION. Sec. 5085. FOR THE EVERGREEN STATE COLLEGE
Preventive Facility Maintenance and Building System Repairs (30000612)
Appropriation:
The Evergreen State College Capital Projects Account—
State $783,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $3,132,000
TOTAL $3,915,000
NEW SECTION. Sec. 5086. FOR THE EVERGREEN STATE COLLEGE
Facilities Preservation (30000084)
Reappropriation:
The Evergreen State College Capital Projects Account—
State $100,000
Prior Biennia (Expenditures) $6,600,000
Future Biennia (Projected Costs) $0
TOTAL $6,700,000
NEW SECTION. Sec. 5087. FOR THE WESTERN WASHINGTON UNIVERSITY
Carver Academic Renovation (20081060)
Reappropriation:
State Building Construction Account—State $323,000
Appropriation:
State Building Construction Account—State $58,600,000
Western Washington University Capital Projects
Account—State $5,400,000
Subtotal Appropriation $64,000,000
Prior Biennia (Expenditures) $7,051,000
Future Biennia (Projected Costs) $0
TOTAL $71,374,000
NEW SECTION. Sec. 5088. FOR THE WESTERN WASHINGTON UNIVERSITY
North Campus Utility Upgrade (30000426)
Reappropriation:
State Building Construction Account—State $600,000
Prior Biennia (Expenditures) $2,982,000
Future Biennia (Projected Costs) $0
TOTAL $3,582,000
NEW SECTION. Sec. 5089. FOR THE WESTERN WASHINGTON UNIVERSITY
Performing Arts Exterior Renewal (30000428)
Reappropriation:
State Building Construction Account—State $387,000
Prior Biennia (Expenditures) $2,560,000
Future Biennia (Projected Costs) $0
TOTAL $2,947,000
NEW SECTION. Sec. 5090. FOR THE WESTERN WASHINGTON UNIVERSITY
Classroom and Lab Upgrades Phase 2 (30000518)
Reappropriation:
State Building Construction Account—State $1,800,000
Western Washington University Capital Projects Account—
State $400,000
Subtotal Reappropriation $2,200,000
Prior Biennia (Expenditures) $2,546,000
Future Biennia (Projected Costs) $0
TOTAL $4,746,000
NEW SECTION. Sec. 5091. FOR THE WESTERN WASHINGTON UNIVERSITY
Minor Works - Preservation (30000615)
Appropriation:
State Building Construction Account—State $3,572,000
Western Washington University Capital Projects
Account—State $4,886,000
Subtotal Appropriation $8,458,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $64,422,000
TOTAL $72,880,000
NEW SECTION. Sec. 5092. FOR THE WESTERN WASHINGTON UNIVERSITY
Preventive Facility Maintenance and Building System Repairs (30000757)
Appropriation:
Western Washington University Capital Projects Account—
State $3,614,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $14,456,000
TOTAL $18,070,000
NEW SECTION. Sec. 5093. FOR THE WESTERN WASHINGTON UNIVERSITY
Minor Works - Preservation (30000524)
Reappropriation:
Western Washington University Capital Projects Account—
State $750,000
Prior Biennia (Expenditures) $6,750,000
Future Biennia (Projected Costs) $0
TOTAL $7,500,000
NEW SECTION. Sec. 5094. FOR THE WASHINGTON STATE HISTORICAL SOCIETY
Washington Heritage Grants (20074004)
The reappropriation in this section is subject to the following conditions and limitations:
(1) The reappropriation in this section is subject to the provisions of RCW 27.34.330.
(2) The reappropriation in this section is subject to the project list in section 5137, chapter 520, Laws of 2007.
(3) The reappropriation in this section is subject to the provisions of section 5044, chapter 36, Laws of 2010 1st sp. sess.
Reappropriation:
State Building Construction Account—State $340,000
Prior Biennia (Expenditures) $9,565,000
Future Biennia (Projected Costs) $0
TOTAL $9,905,000
NEW SECTION. Sec. 5095. FOR THE WASHINGTON STATE HISTORICAL SOCIETY
Washington Heritage Project Capital Grants (30000011)
The reappropriation in this section is subject to the following conditions and limitations:
(1) The reappropriation in this section is subject to the provisions of section 5120, chapter 497, Laws of 2009.
(2) The reappropriation in this section is subject to the provisions of section 5045, chapter 36, Laws of 2010 1st sp. sess.
Reappropriation:
State Building Construction Account—State $200,000
Prior Biennia (Expenditures) $9,225,000
Future Biennia (Projected Costs) $0
TOTAL $9,425,000
NEW SECTION. Sec. 5096. FOR THE WASHINGTON STATE HISTORICAL SOCIETY
Washington Heritage Grants (30000117)
The reappropriation in this section is subject to the following conditions and limitations:
(1) The reappropriation in this section is subject to the provisions of RCW 27.34.330.
(2) The reappropriation in this section is subject to the provisions of section 622, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State $300,000
Prior Biennia (Expenditures) $6,782,000
Future Biennia (Projected Costs) $0
TOTAL $7,082,000
NEW SECTION. Sec. 5097. FOR THE WASHINGTON STATE HISTORICAL SOCIETY
Heritage Capital Grants Projects (30000170)
The reappropriation in this section is subject to the following conditions and limitations:
(1) The reappropriation in this section is subject to the provisions of RCW 27.34.330.
(2) The reappropriation in this section is subject to the project list in section 5093, chapter 19, Laws of 2013 2nd sp. sess; however, the reappropriation for the Highline heritage museum may be used to renovate an existing building.
Reappropriation:
State Building Construction Account—State $4,700,000
Prior Biennia (Expenditures) $5,131,000
Future Biennia (Projected Costs) $0
TOTAL $9,831,000
NEW SECTION. Sec. 5098. FOR THE WASHINGTON STATE HISTORICAL SOCIETY
Facilities Preservation - Minor Works Projects (30000164)
Reappropriation:
State Building Construction Account—State $830,000
Prior Biennia (Expenditures) $1,653,000
Future Biennia (Projected Costs) $0
TOTAL $2,483,000
NEW SECTION. Sec. 5099. FOR THE WASHINGTON STATE HISTORICAL SOCIETY
History Museum Membrane System Replacement (30000220)
Appropriation:
State Building Construction Account—State $1,805,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,805,000
NEW SECTION. Sec. 5100. FOR THE WASHINGTON STATE HISTORICAL SOCIETY
Facilities Preservation – Minor Works Projects (30000222)
Appropriation:
State Building Construction Account—State $2,515,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $10,000,000
TOTAL $12,515,000
NEW SECTION. Sec. 5101. FOR THE WASHINGTON STATE HISTORICAL SOCIETY
Washington Heritage Grants (30000237)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is subject to the provisions of RCW 27.34.330.
(2) The appropriation is provided solely for the following list of projects:
Project Authorized Amount
Pantages centennial: Façade restoration $685,000
Chong Wa parapet preservation $66,000
Rehabilitation of historic structures $750,000
Renovation heating of interior space of Balfour dock
$1,000,000
Town hall historic restoration: Phase one of construction
$1,000,000
Washington hall restoration $452,000
Rehabilitation of Ritzville library for ADA compliance
$138,000
Quartermaster and dental surgery renovation project
$309,000
Skagit city school restoration $91,000
Yamasaki courtyard restoration project $129,000
Prairie line trail historic interpretation project $400,000
Ancich netshed restoration $662,000
Chimney, gutter, and kitchen restoration $11,000
Federal building rehabilitation $920,000
Preservation of the Colville Indian agency cabin in Chewelah $33,000
Arthur Foss preservation and restoration $166,000
Seaport landing development - renovation of building #8
$1,000,000
Si View community center rehabilitation project $130,000
Revitalization to historic Wells house for community use
$26,000
Chiyo's garden $108,000
Historic community center, library & city hall restoration
$185,000
Sea Mar latino history and cultural center $654,000
Olympia Waldorf school - the next 100 years $20,000
Chinook school restoration $79,000
Worthington park - Quilcene $244,000
El Centro de la Raza community access & security project $100,000
Steam locomotives changed everything $199,000
The artifact/exhibit environmental conservation project
$8,000
F/V Shenandoah restoration project $41,000
Henderson house & Tumwater historic district interpretive $50,000
Carnegie library renovation $344,000
Total $10,000,000
Appropriation:
State Building Construction Account—State $10,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $10,000,000
NEW SECTION. Sec. 5102. FOR THE WASHINGTON STATE HISTORICAL SOCIETY
Research Center HVAC Replacement (30000238)
Appropriation:
State Building Construction Account—State $1,925,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,925,000
NEW SECTION. Sec. 5103. FOR THE EASTERN WASHINGTON STATE HISTORICAL SOCIETY
Exhibit Hall/Cowles Center Renovation (30000036)
Appropriation:
State Building Construction Account—State $200,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $200,000
The appropriations in this section are subject to the following conditions and limitations: The eastern Washington state historical society shall conduct a predesign study for a renovation to the exhibit hall and the Cheney Cowles center that will include strategies to increase nonstate revenues for the operation of the museum and estimate the minimum amount of state funding necessary to preserve, maintain, and protect state-owned facilities and assets. The predesign study shall be submitted to the office of financial management and the fiscal committees of the legislature by October 1, 2016.
NEW SECTION. Sec. 5104. FOR THE EASTERN WASHINGTON STATE HISTORICAL SOCIETY
Minor Works - Preservation (30000038)
Appropriation:
State Building Construction Account—State $467,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $467,000
NEW SECTION. Sec. 5105. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Spokane Falls Community College: Campus Classrooms (20062696)
Reappropriation:
State Building Construction Account—State $417,000
Prior Biennia (Expenditures) $19,199,000
Future Biennia (Projected Costs) $0
TOTAL $19,616,000
NEW SECTION. Sec. 5106. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
South Puget Sound Community College: Learning Resource Center (20062698)
Reappropriation:
State Building Construction Account—State $953,000
Prior Biennia (Expenditures) $32,708,000
Future Biennia (Projected Costs) $0
TOTAL $33,661,000
NEW SECTION. Sec. 5107. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Clover Park Technical College: Allied Health Care Facility (20062699)
Reappropriation:
State Building Construction Account—State $944,000
Prior Biennia (Expenditures) $21,389,000
Future Biennia (Projected Costs) $0
TOTAL $22,333,000
NEW SECTION. Sec. 5108. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Spokane Community College: Technical Education Building (20081220)
Reappropriation:
State Building Construction Account—State $3,294,000
Prior Biennia (Expenditures) $23,136,000
Future Biennia (Projected Costs) $0
TOTAL $26,430,000
NEW SECTION. Sec. 5109. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Everett Community College: Index Hall Replacement (20081221)
Reappropriation:
State Building Construction Account—State $1,194,000
Prior Biennia (Expenditures) $35,120,000
Future Biennia (Projected Costs) $0
TOTAL $36,314,000
NEW SECTION. Sec. 5110. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Green River Community College: Trades and Industry Building (20081222)
Reappropriation:
State Building Construction Account—State $11,606,000
Prior Biennia (Expenditures) $17,013,000
Future Biennia (Projected Costs) $0
TOTAL $28,619,000
NEW SECTION. Sec. 5111. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Grays Harbor College: Science and Math Building (20081226)
Reappropriation:
State Building Construction Account—State $14,700,000
Prior Biennia (Expenditures) $29,444,000
Future Biennia (Projected Costs) $0
TOTAL $44,144,000
NEW SECTION. Sec. 5112. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Tacoma Community College: Health Careers Center (20082701)
Reappropriation:
State Building Construction Account—State $7,639,000
Prior Biennia (Expenditures) $33,534,000
Future Biennia (Projected Costs) $0
TOTAL $41,173,000
NEW SECTION. Sec. 5113. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Bellevue Community College: Health Science Building (20082702)
Reappropriation:
State Building Construction Account—State $9,636,000
Prior Biennia (Expenditures) $22,090,000
Future Biennia (Projected Costs) $0
TOTAL $31,726,000
NEW SECTION. Sec. 5114. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Bates Technical College: Mohler Communications Technology Center (20082703)
Reappropriation:
State Building Construction Account—State $15,428,000
Prior Biennia (Expenditures) $11,019,000
Future Biennia (Projected Costs) $0
TOTAL $26,447,000
NEW SECTION. Sec. 5115. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Columbia Basin College: Social Science Center (20082704)
Reappropriation:
State Building Construction Account—State $595,000
Appropriation:
State Building Construction Account—State $14,505,000
Prior Biennia (Expenditures) $481,000
Future Biennia (Projected Costs) $0
TOTAL $15,581,000
NEW SECTION. Sec. 5116. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Clark College: Health and Advanced Technologies Building (20082705)
Reappropriation:
State Building Construction Account—State $29,979,000
Prior Biennia (Expenditures) $7,073,000
Future Biennia (Projected Costs) $0
TOTAL $37,052,000
NEW SECTION. Sec. 5117. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Peninsula College: Fort Worden Building 202 (30000114)
Reappropriation:
State Building Construction Account—State $3,876,000
Prior Biennia (Expenditures) $501,000
Future Biennia (Projected Costs) $0
TOTAL $4,377,000
NEW SECTION. Sec. 5118. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Seattle Central Community College: Seattle Maritime Academy (30000120)
Reappropriation:
State Building Construction Account—State $14,590,000
Prior Biennia (Expenditures) $2,238,000
Future Biennia (Projected Costs) $0
TOTAL $16,828,000
NEW SECTION. Sec. 5119. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Yakima Valley Community College: Palmer Martin Building (30000121)
Reappropriation:
State Building Construction Account—State $5,947,000
Prior Biennia (Expenditures) $14,293,000
Future Biennia (Projected Costs) $0
TOTAL $20,240,000
NEW SECTION. Sec. 5120. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Olympic College: College Instruction Center (30000122)
Reappropriation:
State Building Construction Account—State $1,152,000
Appropriation:
State Building Construction Account—State $42,209,000
Prior Biennia (Expenditures) $2,472,000
Future Biennia (Projected Costs) $0
TOTAL $45,833,000
NEW SECTION. Sec. 5121. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Centralia Community College: Student Services (30000123)
Reappropriation:
State Building Construction Account—State $631,000
Appropriation:
State Building Construction Account—State $32,089,000
Prior Biennia (Expenditures) $1,886,000
Future Biennia (Projected Costs) $0
TOTAL $34,606,000
NEW SECTION. Sec. 5122. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Peninsula College: Allied Health and Early Childhood Development Center (30000126)
Reappropriation:
State Building Construction Account—State $903,000
Appropriation:
State Building Construction Account—State $23,790,000
Prior Biennia (Expenditures) $907,000
Future Biennia (Projected Costs) $0
TOTAL $25,600,000
NEW SECTION. Sec. 5123. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
South Seattle Community College: Cascade Court (30000128)
Reappropriation:
State Building Construction Account—State $983,000
Appropriation:
State Building Construction Account—State $28,231,000
Prior Biennia (Expenditures) $1,104,000
Future Biennia (Projected Costs) $0
TOTAL $30,318,000
NEW SECTION. Sec. 5124. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
North Seattle Community College: Technology Building Renewal (30000129)
Reappropriation:
State Building Construction Account—State $1,922,000
Prior Biennia (Expenditures) $23,497,000
Future Biennia (Projected Costs) $0
TOTAL $25,419,000
NEW SECTION. Sec. 5125. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Renton Technical College: Automotive Complex Renovation (30000134)
Reappropriation:
State Building Construction Account—State $449,000
Appropriation:
State Building Construction Account—State $15,250,000
Prior Biennia (Expenditures) $928,000
Future Biennia (Projected Costs) $0
TOTAL $16,627,000
NEW SECTION. Sec. 5126. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Edmonds Community College: Science, Engineering, Technology Building (30000137)
Reappropriation:
State Building Construction Account—State $6,581,000
Prior Biennia (Expenditures) $1,239,000
Future Biennia (Projected Costs) $0
TOTAL $7,820,000
NEW SECTION. Sec. 5127. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Whatcom Community College: Learning Commons (30000138)
Reappropriation:
State Building Construction Account—State $1,029,000
Prior Biennia (Expenditures) $793,000
Future Biennia (Projected Costs) $0
TOTAL $1,822,000
NEW SECTION. Sec. 5128. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Big Bend: Professional-Technical Education Center (30000981)
Appropriation:
State Building Construction Account—State $2,040,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $34,490,000
TOTAL $36,530,000
NEW SECTION. Sec. 5129. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Spokane: Main Building South Wing Renovation (30000982)
Appropriation:
State Building Construction Account—State $2,823,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $24,742,000
TOTAL $27,565,000
NEW SECTION. Sec. 5130. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Highline: Health and Life Sciences (30000983)
Appropriation:
State Building Construction Account—State $2,932,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $23,850,000
TOTAL $26,782,000
NEW SECTION. Sec. 5131. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Clover Park: Center for Advanced Manufacturing Technologies (30000984)
Appropriation:
State Building Construction Account—State $3,144,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $33,497,000
TOTAL $36,641,000
NEW SECTION. Sec. 5132. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Minor Works - Program (30001038)
Appropriation:
State Building Construction Account—State $22,456,000
Community/Technical College Capital Projects Account—
State $1,744,000
Subtotal Appropriation $24,200,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $24,200,000
NEW SECTION. Sec. 5133. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Minor Works - Preservation (30001106)
Appropriation:
Community/Technical College Capital Projects Account—
State $19,360,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $19,360,000
NEW SECTION. Sec. 5134. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Roof Repairs (30001155)
Appropriation:
Community/Technical College Capital Projects Account—
State $12,534,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $12,534,000
NEW SECTION. Sec. 5135. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Facility Repairs (30001182)
Appropriation:
Community/Technical College Capital Projects Account—
State $20,733,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $20,733,000
NEW SECTION. Sec. 5136. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Site Repairs (30001216)
Appropriation:
Community/Technical College Capital Projects Account—
State $2,829,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $2,829,000
NEW SECTION. Sec. 5137. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Preventive Maintenance and Building System Repairs (30001286)
Appropriation:
Community/Technical College Capital Projects Account—
State $22,800,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $91,200,000
TOTAL $114,000,000
NEW SECTION. Sec. 5138. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Minor Works - Program (30000723)
Reappropriation:
Community/Technical College Capital Projects Account—
State $1,765,000
Community/Technical College Forest Reserve Account—
State $60,000
Gardener-Evans Higher Education Construction
Account—State $115,000
Subtotal Reappropriation $1,940,000
Prior Biennia (Expenditures) $16,852,000
Future Biennia (Projected Costs) $0
TOTAL $18,792,000
NEW SECTION. Sec. 5139. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Minor Works - Preservation (30000779)
Reappropriation:
Community/Technical College Capital Projects Account—
State $965,000
Prior Biennia (Expenditures) $16,635,000
Future Biennia (Projected Costs) $0
TOTAL $17,600,000
NEW SECTION. Sec. 5140. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Roof Repairs (30000844)
Reappropriation:
Community/Technical College Capital Projects Account—
State $554,000
Prior Biennia (Expenditures) $7,231,000
Future Biennia (Projected Costs) $0
TOTAL $7,785,000
NEW SECTION. Sec. 5141. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Facility Repairs (30000897)
Reappropriation:
State Building Construction Account—State $2,905,000
Prior Biennia (Expenditures) $19,229,000
Future Biennia (Projected Costs) $0
TOTAL $22,134,000
NEW SECTION. Sec. 5142. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Site Repairs (30000941)
Reappropriation:
Community/Technical College Capital Projects Account—
State $71,000
Prior Biennia (Expenditures) $2,503,000
Future Biennia (Projected Costs) $0
TOTAL $2,574,000
NEW SECTION. Sec. 5143. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Edmonds Community College: WATR Center (30000979)
Reappropriation:
State Building Construction Account—State $840,000
Prior Biennia (Expenditures) $660,000
Future Biennia (Projected Costs) $0
TOTAL $1,500,000
PART 6
2015 SUPPLEMENTAL CAPITAL BUDGET
NEW SECTION. Sec. 6001. A new section is added to 2013 2nd sp.s. c 19 (uncodified) to read as follows:FOR THE DEPARTMENT OF COMMERCE
Building for the Arts Grants (30000006)
The reappropriation in this section is subject to the following conditions and limitations:
(1) The reappropriation in this section is subject to the provisions of section 1011, chapter 36, Laws of 2010 1st sp. sess.
(2) The reappropriation in this section is provided solely for the Federal Way performing arts center.
Reappropriation:
State Building Construction Account—State $218,000
Prior Biennia (Expenditures) $8,481,000
Future Biennia (Projected Costs) $0
TOTAL $8,699,000
Sec. 6002. 2013 2nd sp.s. c 19 s 1073 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
Drinking Water State Revolving Fund Loan Program (30000189)
The appropriations in this section are subject to the following conditions and limitations:
(1) (($4,400,000 for fiscal
year 2014 and)) $4,400,000 from the drinking water assistance
account—state for fiscal year 2015 is provided solely as state match for
federal safe drinking water funds.
(2) For projects involving repair, replacement, or improvement of a clean water infrastructure facility or other public works facility for which an investment grade efficiency audit is obtainable, the public works board must require as a contract condition that the project sponsor undertake an investment grade efficiency audit. The project sponsor may finance the costs of the audit as part of its drinking water state revolving fund program loan.
Appropriation:
((State Building
Construction Account—State $8,800,000))
Drinking Water Assistance Account—State $4,400,000
Drinking Water Assistance Repayment Account—
State $200,000,000
Subtotal Appropriation (($208,800,000))
$204,400,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $680,000,000
TOTAL (($888,800,000))
$884,400,000
Sec. 6003. 2013 3rd sp.s. c 1 s 3 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
Renton Aerospace Training
Center Construction (((92000151))) (30000724)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for construction of the Renton aerospace training center.
Appropriation:
State Building Construction Account—State (($5,000,000))
$10,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL (($5,000,000))
$10,000,000
Sec. 6004. 2013 2nd sp.s. c 19 s 1074 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
Clean Energy and Energy Freedom Program (91000582)
The appropriations in this section are subject to the following conditions and limitations:
(1) All expenditures from the state taxable building construction account—state appropriation in this section must be used for projects that provide a benefit to the public through development, demonstration, and deployment of clean energy technologies that save energy and reduce energy costs, reduce harmful air emissions or otherwise increase energy independence for the state. All expenditures must be used for projects that develop and acquire assets that have a useful life of at least thirteen years. These requirements must be specified in funding agreements issued by the department.
(2) For any project funded from the state taxable building construction account—state appropriation in this section, state funds must not exceed fifty percent of the estimated cost of a project, and funding preference must be provided to projects that offer a higher percentage of nonstate match funds.
(3)(a) $15,000,000 of the state taxable building construction account—state appropriation in this section is provided solely to create a revolving loan fund to support the widespread use of proven building energy efficiency and renewable energy technologies now inhibited by lack of access to capital.
(b) To create the loan fund, the department shall provide grant funds to a competitively selected nonprofit lender that will provide matching private capital and will administer the loan fund. The department must select the loan fund administrator through a competitive process, with scoring conducted by a group of qualified experts, applying criteria specified by the department.
(c) The department must establish guidelines for the lender related to applicant eligibility, the screening process, and evaluation and selection criteria. The criteria must include requiring evidence of support for the proposed project from the impacted community and consistency with economic growth strategies and plans of the affected local governments. Applications for loans from the revolving fund must disclose all sources of public funding to be provided for a project. The nonprofit lender must use the revolving loan fund to make affordable loans for projects including, but not limited to: Residential and commercial energy retrofits, residential and community-scale solar installations, anaerobic digesters to treat dairy and organic waste, and combined heat and power projects using woody biomass as a fuel source.
(d) The department must conduct due diligence activities associated with the use of public funds, including oversight of the project selection process and project monitoring.
(e) Projects seeking financing of solar installations under this section must agree in contract to not participate in the cost-recovery program under RCW 82.16.120.
(4) $15,000,000 of the state taxable building construction account—state appropriation in this section is provided solely for grants to advance renewable energy technologies by public and private electrical utilities that serve retail customers in the state. The department shall work with utilities to offer matching grants for projects that demonstrate new smart grid technologies. The department shall develop a grant application process to competitively select projects for grant awards, to include scoring conducted by a group of qualified experts with application of criteria specified by the department. Applications for grants must disclose all sources of public funding to be provided for a project. The grant funds must be used to fund projects that demonstrate how to: Integrate intermittent renewables through energy storage and information technology, dispatch energy storage resources from utility control rooms, use the thermal properties and electric load of commercial buildings and district energy systems to store energy, or otherwise improve the reliability and reduce the costs of intermittent or distributed renewable energy.
(5) $6,000,000 of the state taxable building construction account—state appropriation in this section is provided solely for grants to match federal funds used to develop and demonstrate clean energy technologies. The department shall work with the University of Washington, Washington State University, and the Pacific Northwest National Laboratory to offer matching funds for projects including, but not limited to: Advancing energy storage and solar technologies, and federal manufacturing innovation centers related to use of light-weight carbon fiber components to advance energy efficiency in the aeronautical, automotive, and marine sectors.
(6) The department must report on number and results of projects funded through the clean energy fund, including the number of job hours created and the number of jobs maintained and created, to the governor and the legislature, by November 1, 2014.
(7) The energy recovery act account—federal appropriation in this section is provided solely for loans, loan guarantees, and grants that encourage the establishment of innovative and sustainable industries for renewable energy and energy efficiency technology, consistent with provisions of RCW 43.325.040 (energy freedom account).
Appropriation:
State Taxable Building Construction Account—
State $36,000,000
Energy Recovery Act Account—((Federal)) State
$4,000,000
Subtotal Appropriation $40,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $40,000,000
Sec. 6005. 2013 2nd sp.s. c 19 s 1077 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
Projects for Jobs and Economic Development (92000151)
The appropriations in this section are subject to the following conditions and limitations:
(1) Except as directed otherwise prior to the effective date of this section, the department shall not expend the appropriations in this section unless and until the nonstate share of project costs have been either expended, or firmly committed, or both, in an amount sufficient to complete the project or a distinct phase of the project that is useable to the public for the purpose intended by the legislature. This requirement does not apply to projects where a share of the appropriations are released for design costs only.
(2) Prior to receiving funds, project recipients must demonstrate that the project site is under control for a minimum of ten years, either through ownership or a long-term lease. This requirement does not apply to appropriations for preconstruction activities or appropriations whose sole purpose is to purchase real property that does not include a construction or renovation component.
(3) Projects funded in this section may be required to comply with Washington's high performance building standards as required by chapter 39.35D RCW.
(4) Project funds are available on a reimbursement basis only, and shall not be advanced under any circumstances.
(5) Projects funded in this section must be held by the recipient for a minimum of ten years and used for the same purpose or purposes intended by the legislature as required in RCW 43.63A.125(6).
(6) Projects funded in this section, including those that are owned and operated by nonprofit organizations, are generally required to pay state prevailing wages.
(7) The appropriations are provided solely for the following list of projects:
Projects for Jobs & Economic Development |
Authorized Amount |
City of Bremerton Puget Sound Naval Safety Project |
$1,300,000 |
Fairchild Airforce Base |
$2,700,000 |
City of Lynnwood Main Street Improvements |
$250,000 |
Port of Everett: Roll-On/Roll-Off Cargo Berth |
$1,500,000 |
Kittitas County Infrastructure and Facilities |
$5,000,000 |
City of Kennewick Industrial Land |
$1,000,000 |
Perry Tech Institute Building |
$1,000,000 |
City of Buckley Drinking Water Improvements |
$350,000 |
(( |
$525,000 |
Hopelink Cleveland Street Project |
$1,000,000 |
Redmond Connector |
$1,300,000 |
Washougal (( |
$1,000,000 |
Roslyn Renaissance Northwest Improvement Company Building |
$500,000 |
Everett/Tulalip Water Pipeline Construction |
$1,000,000 |
(( |
|
Renton Riverview Bridge Replacement |
$1,100,000 |
Omak City Sewer, Collection System, and Treatment Plant |
$2,000,000 |
Harper Pier Replacement |
$800,000 |
University Place Main Street Redevelopment |
$975,000 |
Sultan Alder Avenue Water/Sewer Line Replacement |
$185,000 |
Quincy Industrial Water Reclamation & Reuse |
$700,000 |
NW Medical School |
$136,000 |
Ione - 8th St Lift Station Replacement |
$165,000 |
Stevens PUD Projects |
$532,000 |
Port Orchard Bay St. Pedestrian Path - Phase 2 |
$336,000 |
Dekalb Pier - Phase 2 |
$255,000 |
Kenmore Village |
$300,000 |
South Kirkland TOD/Cross Kirkland Corridor |
$1,300,000 |
Washington Agriculture Discovery Center |
$100,000 |
Mountlake Terrace Mainstreet Grant |
$2,000,000 |
Issaquah - North Roadway Network Improvement |
$5,000,000 |
TRIDEC Development of Small Modular Reactor Proposal |
$500,000 |
City of Shelton Wastewater |
$1,500,000 |
Port of Moses Lake Firefighting System |
$300,000 |
Seattle Chinatown/ID Development |
$500,000 |
|
|
TOTAL |
(( |
Appropriation:
State Building Construction Account—State
(($35,009,000))
$30,009,000
Public Facility Construction Loan Revolving
Account—State $7,100,000
Subtotal Appropriation (($42,109,000))
$37,109,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL (($42,109,000))
$37,109,000
Sec. 6006. 2013 2nd sp.s. c 19 s 1078 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
Projects That Strengthen Communities and Quality of Life (92000230)
The appropriations in this section are subject to the following conditions and limitations:
(1) Except as directed otherwise prior to the effective date of this section, the department shall not expend the appropriation in this section unless and until the nonstate share of project costs have been either expended, or firmly committed, or both, in an amount sufficient to complete the project or a distinct phase of the project that is useable to the public for the purpose intended by the legislature. This requirement does not apply to projects where a share of the appropriation is released for design costs only.
(2) Prior to receiving funds, project recipients must demonstrate that the project site is under control for a minimum of ten years, either through ownership or a long-term lease. This requirement does not apply to appropriations for preconstruction activities or appropriations whose sole purpose is to purchase real property that does not include a construction or renovation component.
(3) Projects funded in this section may be required to comply with Washington's high performance building standards as required by chapter 39.35D RCW.
(4) Project funds are available on a reimbursement basis only, and shall not be advanced under any circumstances.
(5) Projects funded in this section must be held by the recipient for a minimum of ten years and used for the same purpose or purposes intended by the legislature as required in RCW 43.63A.125(6).
(6) Projects funded in this section, including those that are owned and operated by nonprofit organizations, are generally required to pay state prevailing wages.
(7) $1,500,000 of the appropriation in this section from the state building construction account—state is provided solely for design development to align ongoing planning for the replacement of the Seattle multimodal terminal at Colman dock with the creation of a public park. The scope of work must provide a design plan that includes an elevated park and corresponding amenities above the terminal. Design development shall be delivered through the city of Seattle. The scope of this project does not preclude any current plans for Colman dock to replace or seismically upgrade the facility, nor does it reduce the amount of general and commercial traffic, high occupancy vehicles, transit, bicyclist and pedestrian movement.
(8) $500,000 of the appropriation from the environmental legacy stewardship account—state is provided solely for an investigation of possible contaminated soils around the Colman dock.
(9) The appropriation is provided solely for the following list of projects:
Projects that Strengthen Communities & Quality of Life |
Authorized Amount |
Ft. Vancouver - Mother Joseph Academy & Infantry Barracks |
$1,000,000 |
LaConner Boardwalk |
$1,600,000 |
Kent Interurban Trail Connector |
$750,000 |
Town of Concrete Public Safety Building |
$785,000 |
Complete Development of Ashford Park Facilities |
$1,000,000 |
Jackson Park Renovation |
$1,000,000 |
South Whatcom Library Construction |
$90,000 |
Guemes Channel Trail Project |
$700,000 |
Seabrook Trail |
$437,000 |
Vashon Island Allied Arts |
$2,000,000 |
Federal Way Performing Arts |
$2,000,000 |
Japanese Gulch Land Acquisition |
$1,000,000 |
Milton - Triangle Park ADA Upgrades |
$225,000 |
Langston Hughes Performing Arts Center - Storage |
$150,000 |
Wood Pellet Heat in Schools Pilot |
$500,000 |
Snohomish County Sheriff's Office South Precinct |
$1,000,000 |
Ravensdale Park |
$650,000 |
Worthington Park |
$210,000 |
Eastside Tacoma Community Center |
$400,000 |
(( |
|
Institute for Community Leadership |
$275,000 |
FISH of Vancouver/Nonprofit Community Service Center |
$1,000,000 |
Yelm Community Center |
$1,000,000 |
Ellensburg Depot |
$500,000 |
Roslyn City Hall |
$400,000 |
Northwest Carriage Museum |
$375,000 |
People's Community Center and Pool |
$500,000 |
(( |
|
Chehalis Pool |
$250,000 |
Mount Rainier Park Ranger Memorial |
$60,000 |
McAllister Air Museum |
$500,000 |
Repairs to Stevenson Grange |
$50,000 |
Meydenbauer Park Improvements |
$3,000,000 |
Sixty Acres Park Enhancements |
$750,000 |
Covington Community Park Phase 2 |
$2,100,000 |
Johnson Farm Museum - Anderson Island |
$250,000 |
Nikolai Project |
$40,000 |
Ft. Steilacoom Building Preservation |
$250,000 |
Plaza Roberto Maestas - Building the Beloved Community |
$1,000,000 |
Seattle Multimodal Terminal at Colman Dock/Public Park |
$2,000,000 |
Confluence Project |
$747,000 |
Castle Rock Citywide Residential Street Project |
$504,000 |
UWAVE |
$30,000 |
Transit-Community Center |
$800,000 |
Mt. Spokane Lodge |
$250,000 |
|
|
TOTAL |
(( |
Appropriation:
State Building Construction Account—State
(($32,628,000))
$31,628,000
Environmental Legacy Stewardship Account—
State $500,000
Subtotal Appropriation (($33,128,000))
$32,128,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL (($33,128,000))
$32,128,000
Sec. 6007. 2013 2nd sp.s. c 19 s 1090 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
Higher Education Preservation Information (91000427)
((The appropriations in
this section are subject to the following conditions and limitations: The
appropriations are provided solely to refresh preservation information that
resides in the state's comparable framework for higher education buildings
including any necessary revisions or adjustments that will enable more direct
translation of information, updates for last renewal or replacement of major
systems, and quality assurance field sampling. In executing this continued
capital study, the office of financial management shall consult the legislative
fiscal committees about its workplan to ensure field sampling of facilities
prioritized for renovation or replacement, and timely delivery of assembled
facilities information and related capital models in an easy to understand
format.)) The appropriations in this section are subject to the
following conditions and limitations: Funding is provided solely to further
develop a comparable framework methodology to equalize the facility condition
assessments by higher education institutions. The methodology will improve upon
the existing state facility inventory and condition assessment systems to
collect and convey the information. The inventory system may include facility
system replacement or renewals including costs, quality assurance field
sampling data, and tracking of condition rating adjustments. As a general
condition, upon appropriations provided to higher education agencies in this
act, the state board for community and technical colleges and each state
baccalaureate institution shall provide requested facilities information in a
timely manner to enable the office of financial management to complete the tasks
and oversight assigned in this section.
Appropriation:
University of Washington Building Account—State
(($130,000))
$116,000
Washington State University Building
Account—State (($94,000))
$85,000
Eastern Washington University Capital Projects
Account—State (($23,000))
$21,000
Central Washington University Capital Projects
Account—State (($19,000))
$17,000
The Evergreen State College Capital Projects
Account—State (($13,000))
$12,000
Western Washington University Capital Projects
Account—State (($21,000))
$19,000
Subtotal Appropriation (($300,000))
$270,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $300,000
$270,000
Sec. 6008. 2013 2nd sp.s. c 19 s 1091 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
Construction Contingency Pool (91000428)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for construction projects that confront emergent and unavoidable costs in excess of the construction contingency and management reserves included in the project appropriation. For requests occurring during a legislative session, an agency must notify the legislative fiscal committees before requesting contingency funds from the office of financial management. Eligible agencies that may apply to the pool include higher education institutions, the state parks and recreation commission, the department of corrections, the department of enterprise services, and the department of health. Eligible construction projects are only projects that had project cost reductions. The office of financial management must notify the legislative evaluation and accountability program committee, the house capital budget committee, and senate ways and means committee as projects are approved for funding.
Appropriation:
State Building Construction Account—State
(($4,000,000))
$1,875,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $4,000,000
$1,875,000
Sec. 6009. 2013 2nd sp. s. c 19 s 1093 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Natural Resource Building Roof Replacement/Exterior Foam Insulation Repairs (30000546)
Reappropriation:
State Building Construction Account—State (($510,000))
$33,000
Prior Biennia (Expenditures) (($3,972,000))
$4,409,000
Future Biennia (Projected Costs) $0
TOTAL $4,482,000
$4,442,000
Sec. 6010. 2013 2nd sp.s. c 19 s 1099 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Legislative Building Critical Hydronic Loop Repairs (30000584)
Reappropriation:
State Building Construction Account—State
(($1,075,000))
$1,013,000
Appropriation:
State Building Construction Account—State (($851,000))
$410,000
Prior Biennia (Expenditures) (($104,000))
$166,000
Future Biennia (Projected Costs) $0
TOTAL $2,030,000
$1,589,000
Sec. 6011. 2013 2nd sp.s. c 19 s 1108 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Legislative Building Exterior Repairs (30000604)
Appropriation:
State Building Construction Account—State
(($1,000,000))
$1,075,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,000,000
$1,075,000
Sec. 6012. 2013 2nd sp.s. c 19 s 1104 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Capitol Campus Underground Utility Repairs (30000687)
Appropriation:
State Building Construction Account—State
(($1,983,000))
$2,613,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $8,827,000
TOTAL $10,810,000
$11,440,000
Sec. 6013. 2013 2nd sp.s. c 19 s 1105 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Natural Resource Building Repairs Phase 1 (91000009)
The appropriations in this section are subject to the following conditions and limitations: The natural resource building repairs phase 1 project must include at a minimum the multipurpose room water infiltration project and the roof project. After this work is completed, the department may include work that was in the department's 2013-2015 capital budget request for other repairs to the building.
Appropriation:
State Building Construction Account—State
(($4,161,000))
$4,041,000
Thurston County Capital Facilities Construction
Account—State $940,000
Subtotal Appropriation (($5,101,000))
$4,981,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $5,101,000
$4,981,000
Sec. 6014. 2013 2nd sp.s. c 19 s 2024 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Monroe Corrections Center: WSR Living Units Roofs (30000542)
Appropriation:
State Building Construction Account—State
(($1,785,000))
$1,868,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,785,000
$1,868,000
Sec. 6015. 2013 2nd sp.s. c 19 s 2028 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Washington Corrections Center for Women: Replace Fire Alarm System (30000727)
Appropriation:
State Building Construction
Account—State (($2,569,000))
$2,649,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $2,569,000
$2,649,000
Sec. 6016. 2013 2nd sp.s. c 19 s 3067 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Water Pollution Control Revolving Program (30000327)
The appropriations in this section are subject to the following conditions and limitations:
(1) (($7,750,000 for fiscal
year 2014 and $7,750,000)) $15,500,000 for fiscal year 2015 of the
((state building construction)) water pollution control revolving
account—state is provided solely as state match for federal clean water funds.
(2) For projects involving
repair, replacement, or improvement of a wastewater treatment plant or other
public works facility for which an investment grade efficiency audit is
obtainable, the department of ecology must require as a contract condition that
the project sponsor undertake an investment grade efficiency audit. The project
sponsor may finance the costs of the audit as part of its water pollution
control loan program ((loan)).
Appropriation:
((State Building
Construction Account—State
$15,500,000))
Water Pollution Control Revolving Account—
State (($184,500,000))
$200,000,000
Water Pollution Control Revolving
Account—Federal $50,000,000
Subtotal Appropriation $250,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $510,000,000
TOTAL $760,000,000
Sec. 6017. 2013 2nd sp.s. c 19 s 3058 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Skagit Mitigation (91000181)
The reappropriation in this
section is subject to the following conditions and limitations: The
reappropriation in this section is provided solely for the department to
develop mitigation options and alternative water sources or tools to make water
available for stream flows and for rural domestic permit-exempt uses within the
((Carpenter/Fisher, East Nookachamps, and Upper Nookachamps subbasins)) Skagit
River watershed. Up to $500,000 of the amount specified shall be used to
develop a rural domestic demonstration project to determine if surface or
groundwater infiltration can mitigate for ground water use during low flow
periods to meet the mitigation requirements of chapter 173-503 WAC.
Reappropriation:
State Building Construction Account—State $2,156,000
Prior Biennia (Expenditures) $69,000
Future Biennia (Projected Costs) $0
TOTAL $2,225,000
Sec. 6018. 2013 2nd sp.s. c 19 s 3101 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Dosewallips: Wastewater Treatment System (30000523)
Appropriation:
State Building Construction Account—State
(($4,079,000))
$4,532,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $4,079,000
$4,532,000
Sec. 6019. 2013 2nd sp.s. c 19 s 3190 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
Mitchell Act Federal Grant (91000021)
Reappropriation:
General Fund—Federal $2,328,000
Appropriation:
General Fund—Federal $4,000,000
Prior Biennia (Expenditures) $672,000
Future Biennia (Projected Costs) $0
TOTAL $3,000,000
$7,000,000
Sec. 6020. 2013 2nd sp.s. c 19 s 3212 (uncodified) is amended to read as follows:
FOR THE PUGET SOUND PARTNERSHIP
Community Partnership Restoration Grants (30000007)
Reappropriation:
General Fund—Federal (($1,155,000))
$1,575,000
Prior Biennia (Expenditures) (($445,000))
$50,000
Future Biennia (Projected Costs) $0
TOTAL $1,600,000
$1,625,000
Sec. 6021. 2013 2nd sp.s. c 19 s 5007 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Yakima Valley Technical Skills Center (30000076)
Reappropriation:
State Building Construction Account—State
(($12,962,000))
$11,082,000
Prior Biennia (Expenditures) $12,481,000
Future Biennia (Projected Costs) $0
TOTAL $25,443,000
$23,563,000
Sec. 6022. 2013 2nd sp.s. c 19 s 5020 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
2013-2015 School Construction Assistance Program - Maintenance (30000145)
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,340,000 of the common school construction account—state appropriation is provided solely for study and survey grants and for completing inventory and building condition assessments for all public school districts once every six years.
(2) $933,000 of the common school construction account—state appropriation is provided solely for mapping the design of new facilities and remapping the design of facilities to be remodeled, for school construction projects funded through the school construction assistance program.
(3) The office of the superintendent of public instruction must improve web-based access by taxpayers to school capacity and actual enrollment in order to understand possible opportunities to increase efficiency through consolidation. The office of the superintendent of public instruction must post this capacity and enrollment information on its web site.
(4) Funds from this appropriation may be used to match federal dollars provided by the office of economic adjustment for school replacement facilities located on military bases.
(5) The office of the superintendent of public instruction must expedite allocation and distribution of any eligible funds under the school construction assistance grant program to the Evergreen (Clark County) School District to address the school construction emergency resulting from the fire that destroyed the Crestline School.
(6) The space allocations for state funding assistance purposes for districts with senior or four-year high schools with fewer than four hundred students, as outlined in WAC 392-343-035, must be computed in accordance with the following formula:
Number of Headcount Student-Grades 9-12 |
Maximum Space Allocation Per Facility |
0-200 |
42,000 square feet |
201-300 |
48,000 square feet |
301-or more |
52,000 square feet |
Appropriation:
State Building Construction Account—State
$285,355,000
Common School Construction Account—State
(($208,232,000))
$100,593,000
Common School Construction Account—Federal
$1,500,000
Subtotal Appropriation (($495,087,000))
$387,448,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) (($3,099,310,000))
$3,099,270,000
TOTAL (($3,594,397,000))
$3,486,718,000
Sec. 6023. 2013 2nd sp.s. c 19 s 5015 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
WA-NIC (Washington Network for Innovative Careers) Skills Center - Snoqualmie Valley School District/Bellevue Community College (92000006)
Reappropriation:
State Building Construction Account—State
(($1,715,000))
$31,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,715,000
$31,000
Sec. 6024. 2013 2nd sp.s. c 19 s 5025 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
School Security Improvement Grants (92000015)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for nonrecurring costs associated with school facility safety projects consistent with chapter 233, Laws of 2013 (Second Engrossed Substitute Senate Bill No. 5197).
Appropriation:
State Building Construction Account—State
(($10,000,000))
$6,656,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $10,000,000
$6,656,000
Sec. 6025. 2013 2nd sp.s. c 19 s 5055 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE UNIVERSITY
Washington State University Pullman Pedestrian Bridge (91000028)
Appropriation:
Washington State University Building
Account—State (($1,500,000))
$0
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $1,500,000
$0
Sec. 6026. 2013 2nd sp.s. c 19 s 5108 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Bates Technical College: Mohler Communications Technology Center (20082703)
Reappropriation:
State Building Construction Account—State $219,000
Appropriation:
State Building Construction Account—State
(($23,808,000))
$24,519,000
Prior Biennia (Expenditures) $1,709,000
Future Biennia (Projected Costs) $0
TOTAL $25,736,000
$26,447,000
Sec. 6027. 2013 2nd sp.s. c 19 s 5110 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Clark College: Health and Advanced Technologies Building (20082705)
Reappropriation:
State Building Construction Account—State $1,335,000
Appropriation:
State Building Construction Account—State
(($33,784,000))
$34,478,000
Prior Biennia (Expenditures) $1,239,000
Future Biennia (Projected Costs) $0
TOTAL $36,358,000
$37,052,000
Sec. 6028. 2013 2nd sp.s. c 19 s 7043 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER—TRANSFERS
State Toxic Control Account: For transfer to the
Local Toxic Control Account $4,000,000
Environmental Legacy Stewardship Account: For transfer to the Local Toxic Control Account $12,000,000
State Taxable Building Construction Account: For transfer to the drinking water assistance account, $4,400,000 for fiscal year 2015 $4,400,000
State Taxable Building Construction Account: For transfer to the water pollution control revolving account, $15,500,000 for fiscal year 2015 $15,500,000
Sec. 6029. RCW 43.160.080 and 2010 1st sp.s. c 36 s 6011 are each amended to read as follows:
There shall be a fund in the
state treasury known as the public facilities construction loan revolving
account, which shall consist of all moneys collected under this chapter and any
moneys appropriated to it by law. Disbursements from the revolving account
shall be on authorization of the board. In order to maintain an effective
expenditure and revenue control, the public facilities construction loan
revolving account shall be subject in all respects to chapter 43.88 RCW. ((During
the 2009-2011 biennium, sums in the public facilities construction loan
revolving account may be used for community economic revitalization board
export assistance grants and loans in section 1018, chapter 36, Laws of 2010
1st sp. sess. and for matching funds for the federal energy regional innovation
cluster in section 1017, chapter 36, Laws of 2010 1st sp. sess.)) During
the 2013-2015 biennium, amounts in the public facilities construction loan
revolving account may be used for the animal disease traceability project in
section 3247, chapter 19, Laws of 2013 2nd sp. sess., administered by the
department of agriculture. During the 2013-2015 biennium, sums in the public
facilities construction loan revolving account may be used for the clean energy
partnership project in section 1038, chapter 19, Laws of 2013 2nd sp. sess.
NEW SECTION. Sec. 6030. A new section is added to 2013 2nd sp.s. c 19 (uncodified) to read as follows:
To the extent that any appropriation authorizes expenditures of state funds from the state building construction account, or from any other capital project account in the state treasury, for a capital project or program that is specified to be funded with proceeds from the sale of bonds, the legislature declares that any such expenditures for that project or program made prior to the issue date of the applicable bonds are intended to be reimbursed from proceeds of those bonds in a maximum amount equal to the amount of such appropriation.
NEW SECTION. Sec. 6031. 2013 2nd sp.s. c 19 s 7013 (uncodified) is repealed.
PART 7
MISCELLANEOUS
NEW SECTION. Sec. 7001. RCW 43.88.031 requires the disclosure of the estimated debt service costs associated with new capital bond appropriations. The estimated debt service costs for the appropriations contained in this act are thirty-eight million dollars for the 2015-2017 biennium, two hundred thirty million dollars for the 2017-2019 biennium, and three hundred twenty-eight million dollars for the 2019-2021 biennium.
NEW SECTION. Sec. 7002. ACQUISITION OF PROPERTIES AND FACILITIES THROUGH FINANCIAL CONTRACTS. (1) The following agencies may enter into financial contracts, paid from any funds of an agency, appropriated or nonappropriated, for the purposes indicated and in not more than the principal amounts indicated, plus financing expenses and required reserves pursuant to chapter 39.94 RCW. When securing properties under this section, agencies shall use the most economical financial contract option available, including long-term leases, lease-purchase agreements, lease-development with option to purchase agreements or financial contracts using certificates of participation. Expenditures made by an agency for one of the indicated purposes before the issue date of the authorized financial contract and any certificates of participation therein are intended to be reimbursed from proceeds of the financial contract and any certificates of participation therein to the extent provided in the agency's financing plan approved by the state finance committee.
State agencies may enter into agreements with the department of enterprise services and the state treasurer's office to develop requests to the legislature for acquisition of properties and facilities through financial contracts. The agreements may include charges for services rendered.
(2) Those noninstructional facilities of higher education institutions authorized in this section to enter into financial contracts are not eligible for state funded maintenance and operations. Instructional space that is available for regularly scheduled classes for academic transfer, basic skills, and workforce training programs may be eligible for state funded maintenance and operations.
(3) Central Washington University: Enter into a financing contract for up to $8,414,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a welcome center.
(4) The Evergreen State College: Enter into a financing contract for up to $12,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase a permanent location for the Tacoma program.
(5) Western Washington University: Enter into a financing contract for up to $6,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for the carver building renovation.
(6) Department of corrections: Enter into a financing contract for up to $2,163,000 plus financing expenses and required reserves for the remodel of the correctional industry's food factory.
(7) Washington State Patrol: Enter into a financing contract for up to $13,700,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to replace the fire training academy burn building, however, local agencies that use the burn building must have indicated support for required fee increases to pay for the debt service for the financing contract. Indication of support means at least sixty percent of local agencies which have used the facility within the prior ten years support the fee increase.
(8) Community and technical colleges:
(a) Enter into a financing contract on behalf of Centralia Community College for up to $5,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to renovate the student services building.
(b) Enter into a financing contract on behalf of Centralia Community College for up to $3,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase or construct student housing.
(c) Enter into a financing contract on behalf of Clark College for up to $8,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to renovate the culinary arts facility.
(d) Enter into a financing contract on behalf of Clark College for up to $35,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to design and construct a student recreation center.
(e) Enter into a financing contract on behalf of Columbia Basin College for up to $7,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to design and construct a health science center.
(f) Enter into a financing contract on behalf of Green River College for up to $15,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct the new Auburn center.
(g) Enter into a financing contract on behalf of Highline College for up to $1,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to renovate the maintenance and grounds building.
(h) Enter into a financing contract on behalf of Lower Columbia College for up to $3,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to renovate the main building.
(i) Enter into a financing contract on behalf of Lower Columbia College for up to $3,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to renovate and expand the Myklebust gymnasium.
(j) Enter into a financing contract on behalf of Tacoma Community College for up to $12,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to expand a health and wellness center.
(k) Enter into a financing contract on behalf of Walla Walla Community College for up to $1,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a workforce and business development center.
NEW SECTION. Sec. 7003. (1) Allotments for appropriations in this act shall be provided in accordance with the capital project review requirements adopted by the office of financial management and in compliance with RCW 43.88.110. Projects that will be employing alternative public works construction procedures under chapter 39.10 RCW are subject to the allotment procedures defined in this section and RCW 43.88.110.
(2) Each project is defined as proposed in the legislative budget notes or in the governor's budget document.
NEW SECTION. Sec. 7004. (1) The office of financial management may authorize a transfer of appropriation authority provided for a capital project that is in excess of the amount required for the completion of such project to another capital project for which the appropriation is insufficient. No such transfer may be used to expand the capacity of any facility beyond that intended in making the appropriation. Such transfers may be effected only between capital appropriations to a specific department, commission, agency, or institution of higher education and only between capital projects that are funded from the same fund or account. No transfers may occur between projects to local government agencies except where the grants are provided within a single omnibus appropriation and where such transfers are specifically authorized by the implementing statutes that govern the grants.
(2) The office of financial management may find that an amount is in excess of the amount required for the completion of a project only if: (a) The project as defined in the notes to the budget document is substantially complete and there are funds remaining; or (b) bids have been let on a project and it appears to a substantial certainty that the project as defined in the notes to the budget document can be completed within the biennium for less than the amount appropriated in this act.
(3) For the purposes of this section, the intent is that each project be defined as proposed to the legislature in the governor's budget document, unless it clearly appears from the legislative history that the legislature intended to define the scope of a project in a different way.
(4) A report of any transfer effected under this section, except emergency projects or any transfer under $250,000, shall be filed with the legislative fiscal committees of the senate and house of representatives by the office of financial management at least thirty days before the date the transfer is effected. The office of financial management shall report all emergency or smaller transfers within thirty days from the date of transfer.
NEW SECTION. Sec. 7005. (1) It is expected that projects be ready to proceed in a timely manner depending on the type or phase of the project or program that is the subject of the appropriation in this act. Except for major projects that customarily may take more than two biennia to complete from predesign to the end of construction, or large infrastructure grant or loan programs supporting projects that often take more than two biennia to complete, the legislature generally does not intend to reappropriate funds more than once, particularly for smaller grant programs, local/community projects, and minor works.
(2) Agencies shall expedite the expenditure of reappropriations and appropriations in this act in order to: (a) Rehabilitate infrastructure resources; (b) accelerate environmental rehabilitation and restoration projects for the improvement of the state's natural environment; (c) reduce additional costs associated with acquisition and construction inflationary pressures; and (d) provide additional employment opportunities associated with capital expenditures.
(3) To the extent feasible, agencies are directed to accelerate expenditure rates at their current level of permanent employees and shall use contracted design and construction services wherever necessary to meet the goals of this section.
(4) The office of financial management, in fulfilling its duties under RCW 43.88.030(5)(h) to estimate total costs, shall require higher education agencies to submit supplemental information where the square footage costs of any project exceed the square footage cost range, adjusted for inflation, as established in the section 3, chapter 205, Laws of 2008 cost study. The supplemental information shall include reasons for exceeding the cost range, alternatives to reduce the project cost to be within the acceptable square footage range, or other revenue sources in lieu of state bonds to finance those costs in excess of the cost study range. All two and four year colleges and universities shall provide this data as part of their budget request.
NEW SECTION. Sec. 7006. State agencies, including institutions of higher education, shall allot and report full-time equivalent staff for capital projects in a manner comparable to staff reporting for operating expenditures.
NEW SECTION. Sec. 7007. Executive Order No. 05-05, archaeological and cultural resources, was issued effective November 10, 2005. Agencies and higher education institutions shall comply with the requirements set forth in this executive order.
NEW SECTION. Sec. 7008. PUGET SOUND PROTECTION AND RESTORATION. Consistent with RCW 90.71.340, when expending appropriations under this act that contribute to Puget Sound protection and recovery, agencies shall consult with the Puget Sound partnership to ensure that projects and expenditures are either in, or consistent with the 2020 action agenda. These consultations shall include the exchange of information on specific actions, projects, associated funding, performance measures, and other information necessary to track project implementation and ensure alignment with the action agenda. In situations where the Puget Sound partnership finds that a project is not in, or is not consistent with the action agenda, Puget Sound partnership shall document this finding and report back to the governor and legislative fiscal committees.
NEW SECTION. Sec. 7009. FOR THE ARTS COMMISSION—ART WORK ALLOWANCE. (1) One-half of one percent of moneys appropriated in this act for original construction of school plant facilities is provided solely for the purposes of RCW 28A.335.210.
(2) One-half of one percent of moneys appropriated in this act for original construction or any major renovation or remodel work exceeding $200,000 by colleges or universities is provided solely for the purposes of RCW 28B.10.027.
(3) One-half of one percent of moneys appropriated in this act for original construction of any public building by a state agency identified in RCW 43.17.020 is provided solely for the purposes of RCW 43.17.200.
(4) At least eighty-five percent of the moneys spent by the Washington state arts commission during the 2015-2017 biennium for the purposes of RCW 28A.335.210, 28B.10.027, and 43.17.200 must be expended solely for direct acquisition of works of art. Art allocations not expended within the ensuing two biennia will lapse. The commission may use up to $100,000 of this amount to conserve or maintain existing pieces in the state art collection pursuant to RCW 28A.335.210.
(5) The executive director of the arts commission shall appoint a study group to review the operations of the one-half of one percent for works of art purchased or commissioned as required by RCW 28A.335.210, 28B.10.027, and 43.17.200. The findings of the review must be reported annually to the office of financial management and the fiscal committees of the legislature by August 15th. The review must include, but is not limited to, the following: (a) Projects purchased or commissioned per biennium; (b) partner agencies; (c) funding sources by fiscal year; (d) artwork costs; (e) administrative costs; (f) collection care costs; and (g) project status.
Sec. 7010. RCW 27.34.330 and 2006 c 371 s 232 are each amended to read as follows:
The Washington state historical society shall establish a competitive process to solicit proposals for and prioritize heritage capital projects for potential funding in the state capital budget. The society shall adopt rules governing project eligibility and evaluation criteria. Application for funding of specific projects may be made to the society by local governments, public development authorities, nonprofit corporations, tribal governments, and other entities, as determined by the society. The society, with the advice of leaders in the heritage field, including but not limited to representatives from the office of the secretary of state, the eastern Washington state historical society, and the department of archaeology and historic preservation, shall establish and submit a prioritized list of heritage capital projects to the governor and the legislature in the society's biennial capital budget request. The list shall 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 shall not exceed ten million dollars. The prioritized list shall be developed through open and public meetings and the amount of state funding shall not exceed thirty-three and thirty-three one hundredths 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. The department shall not sign contracts or otherwise financially obligate funds under this section until the legislature has approved a specific list of projects. In contracts for grants authorized under this section, the society shall include provisions requiring that capital improvements be held by the grantee for a specified period of time appropriate to the amount of the grant and that facilities be used for the express purpose of the grant. If the grantee is found to be out of compliance with provisions of the contract, the grantee shall repay to the state general fund the principal amount of the grant plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the date of authorization of the grant.
NEW SECTION. Sec. 7011. To carry out the provisions of this act, the governor may assign responsibility for predesign, design, construction, and other related activities to any appropriate agency.
NEW SECTION. Sec. 7012. If any federal moneys appropriated by this act for capital projects are not received by the state, the department or agency to which the moneys were appropriated may replace the federal moneys with funds available from private or local sources. No replacement may occur under this section without the prior approval of the director of financial management in consultation with the senate ways and means committee and the house of representatives capital budget committee.
NEW SECTION. Sec. 7013. (1) Unless otherwise stated, for all appropriations under this act that require a match of nonstate money or in-kind contributions, the following requirement, consistent with RCW 43.88.150, shall apply: Expenditures of state money shall be timed so that the state share of project expenditures never exceeds the intended state share of total project costs.
(2) Provision of the full amount of required matching funds is not required to permit the expenditure of capital budget appropriations for phased projects if a proportional amount of the required matching funds is provided for each distinct, identifiable phase of the project.
Sec. 7014. RCW 79A.15.030 and 2009 c 341 s 2 are each amended to read as follows:
(1) Moneys appropriated for this chapter shall be divided as follows:
(a) Appropriations for a biennium of forty million dollars or less must be allocated equally between the habitat conservation account and the outdoor recreation account.
(b) If appropriations for a biennium total more than forty million dollars, the money must be allocated as follows: (i) Twenty million dollars to the habitat conservation account and twenty million dollars to the outdoor recreation account; (ii) any amount over forty million dollars up to fifty million dollars shall be allocated as follows: (A) Ten percent to the habitat conservation account; (B) ten percent to the outdoor recreation account; (C) forty percent to the riparian protection account; and (D) forty percent to the farmlands preservation account; and (iii) any amounts over fifty million dollars must be allocated as follows: (A) Thirty percent to the habitat conservation account; (B) thirty percent to the outdoor recreation account; (C) thirty percent to the riparian protection account; and (D) ten percent to the farmlands preservation account.
(c) During the 2015-2017 fiscal biennium, notwithstanding (a) and (b) of this subsection, moneys appropriated for this chapter must be allocated as follows:
(i) Two million six hundred ninety-five thousand dollars to the farmland preservation account;
(ii) Four million seven hundred sixty-six thousand dollars to the riparian easement account;
(iii) The balance of the appropriation to the outdoor recreation account.
(2) Except as otherwise provided in chapter 303, Laws of 2005, moneys deposited in these accounts shall be invested as authorized for other state funds, and any earnings on them shall be credited to the respective account.
(3) All moneys deposited in the habitat conservation, outdoor recreation, riparian protection, and farmlands preservation accounts shall be allocated as provided under RCW 79A.15.040, 79A.15.050, 79A.15.120, and 79A.15.130 as grants to state or local agencies or nonprofit nature conservancy organizations or associations for acquisition, development, and renovation within the jurisdiction of those agencies, subject to legislative appropriation. The board may use or permit the use of any funds appropriated for this chapter as matching funds where federal, local, or other funds are made available for projects within the purposes of this chapter. Moneys appropriated to these accounts that are not obligated to a specific project may be used to fund projects from lists of alternate projects from the same account in biennia succeeding the biennium in which the moneys were originally appropriated.
(4) Projects receiving grants under this chapter that are developed or otherwise accessible for public recreational uses shall be available to the public.
(5) The board may make grants to an eligible project from the habitat conservation, outdoor recreation, riparian protection, and farmlands preservation accounts and any one or more of the applicable categories under such accounts described in RCW 79A.15.040, 79A.15.050, 79A.15.120, and 79A.15.130.
(6) The board may accept private donations to the habitat conservation account, the outdoor recreation account, the riparian protection account, and the farmlands preservation account for the purposes specified in this chapter.
(7) The board may apply up to three percent of the funds appropriated for this chapter for its office for the administration of the programs and purposes specified in this chapter.
(8) Habitat and recreation land and facilities acquired or developed with moneys appropriated for this chapter may not, without prior approval of the board, be converted to a use other than that for which funds were originally approved. The board shall adopt rules and procedures governing the approval of such a conversion.
Sec. 7015. RCW 79A.15.050 and 2007 c 241 s 30 are each amended to read as follows:
(1) Moneys appropriated for this chapter to the outdoor recreation account shall be distributed in the following way:
(a) Not less than thirty percent to the state parks and recreation commission for the acquisition and development of state parks, with at least fifty percent of the money for acquisition costs; however, during the 2015-2017 fiscal biennium, the amount allocated to the state parks and recreation commission must be zero. The legislature intends to appropriate money for state park development projects through the state parks and recreation commission capital budget to ensure transparency and coordination with other capital budget appropriations for state parks;
(b) Not less than thirty percent for the acquisition, development, and renovation of local parks, with at least fifty percent of this money for acquisition costs; however, during the 2015-2017 fiscal biennium, the allocation to local parks must be that balance of the outdoor recreation account after deducting the amounts specified in subsections (c) and (d) of this section, and provided further one hundred percent of the money for local parks must be for the prioritized list of projects prepared by the board without regard to whether they are development or acquisition;
(c) Not less than twenty percent for the acquisition, renovation, or development of trails; however, during the 2015-2017 fiscal biennium, the allocation for the acquisition, renovation and development of trails must be twelve million one hundred eighty thousand dollars;
(d) Not less than fifteen percent for the acquisition, renovation, or development of water access sites, with at least seventy-five percent of this money for acquisition costs; however, during the 2015-2017 fiscal biennium, the allocation for the acquisition, renovation and development of water access sites must be seven million two hundred eighty thousand dollars; and
(e) Not less than five percent for development and renovation projects on state recreation lands. Only the department of natural resources and the department of fish and wildlife may apply for these funds to be used on their existing recreation lands; however, during the 2015-2017 fiscal biennium, the allocation for the development and renovation projects on state recreation lands must be zero. The legislature intends to appropriate money for development and renovation of state recreation lands through the respective state agency capital budgets to ensure transparency and coordination with other capital budget appropriations for state recreation lands.
(2)(a) In distributing these funds, the board retains discretion to meet the most pressing needs for state and local parks, trails, and water access sites, and is not required to meet the percentages described in subsection (1) of this section in any one biennium; however, during the 2015-2017 fiscal biennium, the allocations specified in subsection (1) of this section must be used to distribute these funds.
(b) If not enough project applications are submitted in a category within the outdoor recreation account to meet the percentages described in subsection (1) of this section in any biennium, the board retains discretion to distribute any remaining funds to the other categories within the account.
(3) Only local agencies may apply for acquisition, development, or renovation funds for local parks under subsection (1)(b) of this section.
(4) Only state and local agencies may apply for funds for trails under subsection (1)(c) of this section.
(5) Only state and local agencies may apply for funds for water access sites under subsection (1)(d) of this section.
NEW SECTION. Sec. 7016. NONTAXABLE AND TAXABLE BOND PROCEEDS. Portions of the appropriation authority granted by this act from the state building construction account, or any other account receiving bond proceeds, may be transferred to the state taxable building construction account as deemed necessary by the state finance committee to comply with the federal internal revenue service rules and regulations pertaining to the use of nontaxable bond proceeds. Portions of the general obligation bond proceeds authorized by chapter . . ., Laws of 2015 (Senate Bill No. 5095, the general obligation bond bill) for deposit into the state taxable building construction account that are in excess of amounts required to comply with the federal internal revenue service rules and regulations shall be deposited into the state building construction account. The state treasurer shall submit written notification to the director of financial management if it is determined that a shift of appropriation authority between the state building construction account, or any other account receiving bond proceeds, and the state taxable building construction account is necessary, or that a shift of appropriation authority from the state taxable building construction account to the state building construction account may be made.
NEW SECTION. Sec. 7017. COLUMBIA RIVER BASIN NONTAXABLE AND TAXABLE BOND PROCEEDS. Portions of the appropriation authority granted by this act from the Columbia river basin water supply development account may be transferred to the Columbia river basin taxable bond water supply development account as deemed necessary by the state finance committee to comply with the federal internal revenue service rules and regulations pertaining to the use of nontaxable bond proceeds. The state treasurer shall submit written notification to the director of financial management if it is determined that a shift of appropriation authority between the Columbia river basin water supply development account and the Columbia river basin taxable bond water supply development account is necessary, or that a shift of appropriation authority from the Columbia river basin taxable bond water supply development account to the Columbia river basin water supply development account may be made.
NEW SECTION. Sec. 7018. The office of financial management, in consultation with the fiscal committees of the legislature, may select capital projects that have completed predesign to undergo a budget evaluation study. The budget evaluation study team approach using value engineering techniques and life cycle cost analysis must be utilized by the office of financial management in conducting the studies. The office of financial management shall select the budget evaluation team members, contract for the study, and report the results to the legislature and agencies in a timely manner following the study. Funds from the project appropriation must be used by the office of financial management through an interagency agreement with the affected agencies to cover the cost of the study.
Sec. 7019. RCW 28B.20.725 and 2013 2nd sp.s. c 19 s 7027 are each amended to read as follows:
The board is hereby empowered:
(1) To reserve the right to issue bonds later on a parity with any bonds being issued;
(2) To authorize the investing of moneys in the bond retirement fund and any reserve account therein;
(3) To authorize the transfer of money from the University of Washington building account to the bond retirement fund when necessary to prevent a default in the payments required to be made out of such fund;
(4) To create a reserve account or accounts in the bond retirement fund to secure the payment of the principal of and interest on any bonds;
(5) To authorize the transfer to the University of Washington building account of any money on deposit in the bond retirement fund in excess of debt service for a period of three years from the date of such transfer on all outstanding bonds payable out of such fund. However, during the 2011-2013 fiscal biennium, the legislature may transfer to the University of Washington building account moneys that are in excess of the debt service due within one year of the date of transfer on all outstanding bonds payable out of the bond retirement fund. However, during the 2013-2015 fiscal biennium, the legislature may transfer to the University of Washington building account moneys that are in excess of the debt service due within the 2013-2015 fiscal biennium from the date of such transfer on all outstanding bonds payable out of the bond retirement fund. However, during the 2015-2017 fiscal biennium, the legislature may transfer to the University of Washington building account moneys that are in excess of the debt service due within the 2015-2017 fiscal biennium from the date of such transfer on all outstanding bonds payable out of the bond retirement fund.
Sec. 7020. RCW 28B.15.310 and 2013 2nd sp.s. c 19 s 7028 are each amended to read as follows:
Within thirty-five days from the date of collection thereof, all building fees shall be paid and credited as follows: To the Washington State University bond retirement fund, one-half or such larger portion as may be necessary to prevent a default in the payments required to be made out of such bond retirement fund; and the remainder thereof to the Washington State University building account.
The sum so credited to the Washington State University building account shall be expended by the board of regents for buildings, equipment, or maintenance on the campus of Washington State University as may be deemed most advisable and for the best interests of the university, and for certificates of participation under chapter 39.94 RCW, except for any sums transferred as authorized by law. During the 2011-2013 biennium, sums credited to the Washington State University building account shall also be used for routine facility maintenance and utility costs. During the 2013-2015 biennium, sums credited to the Washington State University building account shall also be used for routine facility maintenance, utility costs, and facility condition assessments. During the 2015-2017 biennium, sums credited to the Washington State University building account shall also be used for routine facility maintenance, utility costs, and facility condition assessments. Expenditures so made shall be accounted for in accordance with existing law and shall not be expended until appropriated by the legislature.
The sum so credited to the Washington State University bond retirement fund shall be used to pay and secure the payment of the principal of and interest on building bonds issued by the university, except for any sums which may be transferred out of such fund as authorized by law.
Sec. 7021. RCW 28B.15.210 and 2013 2nd sp.s. c 19 s 7026 are each amended to read as follows:
Within thirty-five days from the date of collection thereof, all building fees at the University of Washington, including building fees to be charged students registering in the schools of medicine and dentistry, shall be paid into the state treasury and credited as follows:
One-half or such larger portion as may be necessary to prevent a default in the payments required to be made out of the bond retirement fund to the "University of Washington bond retirement fund" and the remainder thereof to the "University of Washington building account." The sum so credited to the University of Washington building account shall be used exclusively for the purpose of erecting, altering, maintaining, equipping, or furnishing buildings, and for certificates of participation under chapter 39.94 RCW, except for any sums transferred as authorized in RCW 28B.20.725(3). The sum so credited to the University of Washington bond retirement fund shall be used for the payment of principal of and interest on bonds outstanding as provided by chapter 28B.20 RCW except for any sums transferred as authorized in RCW 28B.20.725(5). During the 2013-2015 biennium, sums credited to the University of Washington building account shall also be used for routine facility maintenance, utility costs, and facility condition assessments. During the 2015-2017 biennium, sums credited to the University of Washington building account shall also be used for routine facility maintenance, utility costs, and facility condition assessments.
Sec. 7022. RCW 28B.30.750 and 2013 2nd sp.s. c 19 s 7029 are each amended to read as follows:
The board is hereby empowered:
(1) To reserve the right to issue bonds later on a parity with any bonds being issued;
(2) To authorize the investing of moneys in the bond retirement fund and any reserve account therein;
(3) To authorize the transfer of money from the Washington State University building account to the bond retirement fund when necessary to prevent a default in the payments required to be made out of such fund;
(4) To create a reserve account or accounts in the bond retirement fund to secure the payment of the principal of and interest on any bonds;
(5) To authorize the transfer to the Washington State University building account of any money on deposit in the bond retirement fund in excess of debt service for a period of three years from the date of such transfer on all outstanding bonds payable out of such fund. However, during the 2011-2013 fiscal biennium, the legislature may transfer to the Washington State University building account moneys that are in excess of the debt service due within one year of the date of transfer on all outstanding bonds payable out of the bond retirement fund. However, during the 2013-2015 fiscal biennium, the legislature may transfer to the Washington State University building account moneys that are in excess of the debt service due within the 2013-2015 fiscal biennium from the date of such transfer on all outstanding bonds payable out of the bond retirement fund. During the 2015-2017 fiscal biennium, the legislature may transfer to the Washington State University building account moneys that are in excess of the debt service due within the 2015-2017 fiscal biennium from the date of such transfer on all outstanding bonds payable out of the bond retirement fund.
Sec. 7023. RCW 28B.35.370 and 2013 2nd sp.s. c 19 s 7030 are each amended to read as follows:
Within thirty-five days from the date of collection thereof all building fees of each regional university and The Evergreen State College shall be paid into the state treasury and these together with such normal school fund revenues as provided in RCW 28B.35.751 as are received by the state treasury shall be credited as follows:
(1) On or before June 30th of each year the board of trustees of each regional university and The Evergreen State College, if issuing bonds payable out of its building fees and above described normal school fund revenues, shall certify to the state treasurer the amounts required in the ensuing twelve months to pay and secure the payment of the principal of and interest on such bonds. The amounts so certified by each regional university and The Evergreen State College shall be a prior lien and charge against all building fees and above described normal school fund revenues of such institution. The state treasurer shall thereupon deposit the amounts so certified in the Eastern Washington University capital projects account, the Central Washington University capital projects account, the Western Washington University capital projects account, or The Evergreen State College capital projects account respectively, which accounts are hereby created in the state treasury. The amounts deposited in the respective capital projects accounts shall be used to pay and secure the payment of the principal of and interest on the building bonds issued by such regional universities and The Evergreen State College as authorized by law. If in any twelve month period it shall appear that the amount certified by any such board of trustees is insufficient to pay and secure the payment of the principal of and interest on the outstanding building and above described normal school fund revenue bonds of its institution, the state treasurer shall notify the board of trustees and such board shall adjust its certificate so that all requirements of moneys to pay and secure the payment of the principal of and interest on all such bonds then outstanding shall be fully met at all times.
(2) All normal school fund revenue pursuant to RCW 28B.35.751 shall be deposited in the Eastern Washington University capital projects account, the Central Washington University capital projects account, the Western Washington University capital projects account, or The Evergreen State College capital projects account respectively, which accounts are hereby created in the state treasury. The sums deposited in the respective capital projects accounts shall be appropriated and expended to pay and secure the payment of the principal of and interest on bonds payable out of the building fees and normal school revenue and for the construction, reconstruction, erection, equipping, maintenance, demolition and major alteration of buildings and other capital assets, and the acquisition of sites, rights-of-way, easements, improvements or appurtenances in relation thereto except for any sums transferred therefrom as authorized by law. During the 2011-2013 biennium, sums in the respective capital accounts shall also be used for routine facility maintenance and utility costs. During the 2013-2015 biennium, sums in the respective capital accounts shall also be used for routine facility maintenance, utility costs, and facility condition assessments. During the 2015-2017 biennium, sums in the respective capital accounts shall also be used for routine facility maintenance, utility costs, and facility condition assessments.
(3) Funds available in the respective capital projects accounts may also be used for certificates of participation under chapter 39.94 RCW.
Sec. 7024. RCW 28B.50.360 and 2013 2nd sp.s. c 19 s 7031 are each amended to read as follows:
Within thirty-five days from the date of start of each quarter all collected building fees of each such community and technical college shall be paid into the state treasury, and shall be credited as follows:
(1) On or before June 30th of each year the college board if issuing bonds payable out of building fees shall certify to the state treasurer the amounts required in the ensuing twelve-month period to pay and secure the payment of the principal of and interest on such bonds. The state treasurer shall thereupon deposit the amounts so certified in the community and technical college capital projects account. Such amounts of the funds deposited in the community and technical college capital projects account as are necessary to pay and secure the payment of the principal of and interest on the building bonds issued by the college board as authorized by this chapter shall be devoted to that purpose. If in any twelve-month period it shall appear that the amount certified by the college board is insufficient to pay and secure the payment of the principal of and interest on the outstanding building bonds, the state treasurer shall notify the college board and such board shall adjust its certificate so that all requirements of moneys to pay and secure the payment of the principal and interest on all such bonds then outstanding shall be fully met at all times.
(2) The community and technical college capital projects account is hereby created in the state treasury. The sums deposited in the capital projects account shall be appropriated and expended to pay and secure the payment of the principal of and interest on bonds payable out of the building fees and for the construction, reconstruction, erection, equipping, maintenance, demolition and major alteration of buildings and other capital assets owned by the state board for community and technical colleges in the name of the state of Washington, and the acquisition of sites, rights-of-way, easements, improvements or appurtenances in relation thereto, engineering and architectural services provided by the department of enterprise services, and for the payment of principal of and interest on any bonds issued for such purposes. During the 2011-2013 biennium, sums in the capital projects account shall also be used for routine facility maintenance and utility costs. During the 2013-2015 biennium, sums in the capital projects account shall also be used for routine facility maintenance and utility costs. During the 2015-2017 biennium, sums in the capital projects account shall also be used for routine facility maintenance and utility costs.
(3) Funds available in the community and technical college capital projects account may also be used for certificates of participation under chapter 39.94 RCW.
Sec. 7025. RCW 43.155.050 and 2013 2nd sp.s. c 4 s 983 are each amended to read as follows:
The public works assistance
account is hereby established in the state treasury. Money may be placed in the
public works assistance account from the proceeds of bonds when authorized by
the legislature or from any other lawful source. Money in the public works
assistance account shall be used to make loans and to give financial guarantees
to local governments for public works projects. Moneys in the account may also be
appropriated to provide for state match requirements under federal law for
projects and activities conducted and financed by the board under the drinking
water assistance account. Not more than fifteen percent of the biennial capital
budget appropriation to the public works board from this account may be
expended or obligated for preconstruction loans, emergency loans, or loans for
capital facility planning under this chapter; of this amount, not more than ten
percent of the biennial capital budget appropriation may be expended for
emergency loans and not more than one percent of the biennial capital budget
appropriation may be expended for capital facility planning loans. During the
((2011-2013 and 2013-2015)) 2015-2017 fiscal biennium, the
legislature may transfer from the public works assistance account to the
general fund, the water pollution control revolving account, and the drinking
water assistance account such amounts as reflect the excess fund balance of the
account. During the ((2011-2013)) 2015-2017 fiscal biennium, the
legislature may appropriate moneys from the account ((for economic
development, innovation, and export grants, including brownfields; main street
improvement grants; and the loan program consolidation board)) to fund
the 2016 local and community projects administered by the department of
commerce. During the 2013-2015 fiscal biennium, the legislature may
transfer from the public works assistance account to the education legacy trust
account such amounts as specified by the legislature.
Sec. 7026. RCW 70.105D.070 and 2013 2nd sp.s. c 19 s 7033 and 2013 2nd sp.s. c 4 s 992 are each reenacted and amended to read as follows:
(1) The state toxics control account and the local toxics control account are hereby created in the state treasury.
(2)(a) Moneys collected under RCW 82.21.030 must be deposited as follows: Fifty-six percent to the state toxics control account under subsection (3) of this section and forty-four percent to the local toxics control account under subsection (4) of this section. When the cumulative amount of deposits made to the state and local toxics control accounts under this section reaches the limit during a fiscal year as established in (b) of this subsection, the remainder of the moneys collected under RCW 82.21.030 during that fiscal year must be deposited into the environmental legacy stewardship account created in RCW 70.105D.170.
(b) The limit on distributions of moneys collected under RCW 82.21.030 to the state and local toxics control accounts for the fiscal year beginning July 1, 2013, is one hundred forty million dollars.
(c) In addition to the funds required under (a) of this subsection, the following moneys must be deposited into the state toxics control account: (i) The costs of remedial actions recovered under this chapter or chapter 70.105A RCW; (ii) penalties collected or recovered under this chapter; and (iii) any other money appropriated or transferred to the account by the legislature.
(3) Moneys in the state toxics control account must be used only to carry out the purposes of this chapter, including but not limited to the following activities:
(a) The state's responsibility for hazardous waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70.105 RCW;
(b) The state's responsibility for solid waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70.95 RCW;
(c) The hazardous waste clean-up program required under this chapter;
(d) State matching funds required under federal cleanup law;
(e) Financial assistance for local programs in accordance with chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;
(f) State government programs for the safe reduction, recycling, or disposal of paint and hazardous wastes from households, small businesses, and agriculture;
(g) Oil and hazardous materials spill prevention, preparedness, training, and response activities;
(h) Water and environmental health protection and monitoring programs;
(i) Programs authorized under chapter 70.146 RCW;
(j) A public participation program;
(k) Public funding to assist potentially liable persons to pay for the costs of remedial action in compliance with clean-up standards under RCW 70.105D.030(2)(e) but only when the amount and terms of such funding are established under a settlement agreement under RCW 70.105D.040(4) and when the director has found that the funding will achieve both: (i) A substantially more expeditious or enhanced cleanup than would otherwise occur; and (ii) the prevention or mitigation of unfair economic hardship;
(l) Development and demonstration of alternative management technologies designed to carry out the hazardous waste management priorities of RCW 70.105.150;
(m) State agriculture and health programs for the safe use, reduction, recycling, or disposal of pesticides;
(n) Storm water pollution control projects and activities that protect or preserve existing remedial actions or prevent hazardous clean-up sites;
(o) Funding requirements to maintain receipt of federal funds under the federal solid waste disposal act (42 U.S.C. Sec. 6901 et seq.);
(p) Air quality programs and actions for reducing public exposure to toxic air pollution;
(q) Public funding to assist prospective purchasers to pay for the costs of remedial action in compliance with clean-up standards under RCW 70.105D.030(2)(e) if:
(i) The facility is located within a redevelopment opportunity zone designated under RCW 70.105D.150;
(ii) The amount and terms of the funding are established under a settlement agreement under RCW 70.105D.040(5); and
(iii) The director has found the funding meets any additional criteria established in rule by the department, will achieve a substantially more expeditious or enhanced cleanup than would otherwise occur, and will provide a public benefit in addition to cleanup commensurate with the scope of the public funding;
(r) Petroleum-based plastic or expanded polystyrene foam debris cleanup activities in fresh or marine waters;
(s) Appropriations to the local toxics control account or the environmental legacy stewardship account created in RCW 70.105D.170, if the legislature determines that priorities for spending exceed available funds in those accounts;
(t) During the 2013-2015 fiscal biennium, the department of ecology's water quality, shorelands, environmental assessment, administration, and air quality programs;
(u) During the 2013-2015
fiscal biennium, actions at the state conservation commission to improve water
quality for shellfish; ((and))
(v) During the 2013-2015 fiscal biennium, actions at the University of Washington for reducing ocean acidification;
(w) For the 2013-2015 fiscal
biennium, moneys in the state toxics control account may be spent on projects
in section 3159, chapter 19, Laws of 2013 2nd sp. sess. and for transfer to the
local toxics control account; ((and))
(x) For the 2013-2015 fiscal biennium, moneys in the state toxics control account may be transferred to the radioactive mixed waste account; and
(y) For the 2015-2017 fiscal biennium, moneys in the state toxics control account may be used for the University of Washington Tacoma soil remediation.
(4)(a) The department shall use moneys deposited in the local toxics control account for grants or loans to local governments for the following purposes in descending order of priority:
(i) Extended grant agreements
entered into under (((c)[(e)])) (e)(i) of this subsection;
(ii) Remedial actions,
including planning for adaptive reuse of properties as provided for under (((c)[(e)]))
(e)(iv) of this subsection. The department must prioritize funding of
remedial actions at:
(A) Facilities on the department's hazardous sites list with a high hazard ranking for which there is an approved remedial action work plan or an equivalent document under federal cleanup law;
(B) Brownfield properties within a redevelopment opportunity zone if the local government is a prospective purchaser of the property and there is a department-approved remedial action work plan or equivalent document under the federal cleanup law;
(iii) Storm water pollution source projects that: (A) Work in conjunction with a remedial action; (B) protect completed remedial actions against recontamination; or (C) prevent hazardous clean-up sites;
(iv) Hazardous waste plans and programs under chapter 70.105 RCW;
(v) Solid waste plans and programs under chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;
(vi) Petroleum-based plastic or expanded polystyrene foam debris cleanup activities in fresh or marine waters; and
(vii) Appropriations to the state toxics control account or the environmental legacy stewardship account created in RCW 70.105D.170, if the legislature determines that priorities for spending exceed available funds in those accounts.
(b) Funds for plans and programs must be allocated consistent with the priorities and matching requirements established in chapters 70.105, 70.95C, 70.95I, and 70.95 RCW.
(c) During the 2013-2015 fiscal biennium, the local toxics control account may also be used for local government storm water planning and implementation activities.
(d) During the 2013-2015 fiscal biennium, the legislature may transfer from the local toxics control account to the state general fund, such amounts as reflect the excess fund balance in the account.
(e) To expedite cleanups throughout the state, the department may use the following strategies when providing grants to local governments under this subsection:
(i) Enter into an extended grant agreement with a local government conducting remedial actions at a facility where those actions extend over multiple biennia and the total eligible cost of those actions exceeds twenty million dollars. The agreement is subject to the following limitations:
(A) The initial duration of such an agreement may not exceed ten years. The department may extend the duration of such an agreement upon finding substantial progress has been made on remedial actions at the facility;
(B) Extended grant agreements may not exceed fifty percent of the total eligible remedial action costs at the facility; and
(C) The department may not allocate future funding to an extended grant agreement unless the local government has demonstrated to the department that funds awarded under the agreement during the previous biennium have been substantially expended or contracts have been entered into to substantially expend the funds;
(ii) Enter into a grant agreement with a local government conducting a remedial action that provides for periodic reimbursement of remedial action costs as they are incurred as established in the agreement;
(iii) Enter into a grant agreement with a local government prior to it acquiring a property or obtaining necessary access to conduct remedial actions, provided the agreement is conditioned upon the local government acquiring the property or obtaining the access in accordance with a schedule specified in the agreement;
(iv) Provide integrated planning grants to local governments to fund studies necessary to facilitate remedial actions at brownfield properties and adaptive reuse of properties following remediation. Eligible activities include, but are not limited to: Environmental site assessments; remedial investigations; health assessments; feasibility studies; site planning; community involvement; land use and regulatory analyses; building and infrastructure assessments; economic and fiscal analyses; and any environmental analyses under chapter 43.21C RCW;
(v) Provide grants to local governments for remedial actions related to area-wide groundwater contamination. To receive the funding, the local government does not need to be a potentially liable person or be required to seek reimbursement of grant funds from a potentially liable person;
(vi) The director may alter grant matching requirements to create incentives for local governments to expedite cleanups when one of the following conditions exists:
(A) Funding would prevent or mitigate unfair economic hardship imposed by the clean‑up liability;
(B) Funding would create new substantial economic development, public recreational opportunities, or habitat restoration opportunities that would not otherwise occur; or
(C) Funding would create an opportunity for acquisition and redevelopment of brownfield property under RCW 70.105D.040(5) that would not otherwise occur;
(vii) When pending grant
applications under (((c)[(e)])) (e)(iv) and (v) of this
subsection (4) exceed the amount of funds available, designated redevelopment
opportunity zones must receive priority for distribution of available funds.
(((d) [(f)])) (f)
To expedite multiparty clean-up efforts, the department may purchase remedial
action cost-cap insurance. For the 2013-2015 fiscal biennium, moneys in the
local toxics control account may be spent on projects in sections 3024, 3035,
3036, and 3059, chapter 19, Laws of 2013 2nd sp. sess.
(5) Except for unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys in the state and local toxics control accounts may be spent only after appropriation by statute.
(6) No moneys deposited into either the state or local toxics control account may be used for: Natural disasters where there is no hazardous substance contamination; high performance buildings; solid waste incinerator facility feasibility studies, construction, maintenance, or operation; or after January 1, 2010, for projects designed to address the restoration of Puget Sound, funded in a competitive grant process, that are in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310. However, this subsection does not prevent an appropriation from the state toxics control account to the department of revenue to enforce compliance with the hazardous substance tax imposed in chapter 82.21 RCW.
(7) Except during the 2011-2013 fiscal biennium, one percent of the moneys collected under RCW 82.21.030 shall be allocated only for public participation grants to persons who may be adversely affected by a release or threatened release of a hazardous substance and to not-for-profit public interest organizations. The primary purpose of these grants is to facilitate the participation by persons and organizations in the investigation and remedying of releases or threatened releases of hazardous substances and to implement the state's solid and hazardous waste management priorities. No grant may exceed sixty thousand dollars. Grants may be renewed annually. Moneys appropriated for public participation that are not expended at the close of any biennium revert to the state toxics control account.
(8) The department shall adopt rules for grant or loan issuance and performance. To accelerate both remedial action and economic recovery, the department may expedite the adoption of rules necessary to implement chapter 1, Laws of 2013 2nd sp. sess. using the expedited procedures in RCW 34.05.353. The department shall initiate the award of financial assistance by August 1, 2013. To ensure the adoption of rules will not delay financial assistance, the department may administer the award of financial assistance through interpretive guidance pending the adoption of rules through July 1, 2014.
(9) Except as provided under
subsection (3)(k) and (q) of this section, nothing in chapter 1, Laws of 2013
2nd sp. sess. ((effects [affects])) affects the ability of a
potentially liable person to receive public funding.
(10) During the ((2013-2015))
2015-2017 fiscal biennium the local toxics control account may also be
used for the centennial clean water program ((and for storm water grants))
administered by the department of ecology.
NEW SECTION. Sec. 7027. (1) Funds appropriated in this act for minor works may not be allotted until final project lists are submitted to the office of financial management. Revisions to the project lists are allowed for projects not anticipated at the time of budget development but must be submitted to the office of financial management, the house of representatives capital budget committee, and the senate ways and means committee for review and comment and must include an explanation of variances from the prior lists before funds may be expended on the revisions. Any project list revisions must be approved by the office of financial management before funds may be expended from the minor works appropriation.
(2)(a) Minor works project lists are single line appropriations that include multiple projects of a similar nature and that are valued between $25,000 and $1,000,000 each, with the exception of higher education minor works projects that may be valued up to $2,000,000. All projects must meet the criteria included in this subsection (2)(a). These projects should be completed within two years of the appropriation with the funding provided. Agencies are prohibited from including projects on their minor works lists that are a phase of a larger project, and that if combined over a continuous period of time, would exceed $1,000,000, or $2,000,000 for higher education minor works projects. Improvements for accessibility in compliance with the Americans with disabilities act may be included in any of the minor works categories.
(b) Minor works appropriations may not be used for the following: Studies, except for technical or engineering reviews or designs that lead directly to and support a project on the same minor works list; planning; design outside the scope of work on a minor works list; moveable, temporary, and traditionally funded operating equipment not in compliance with the equipment criteria established by the office of financial management; software not dedicated to control of a specialized system; moving expenses; land or facility acquisition; rolling stock; computers; or to supplement funding for projects with funding shortfalls unless expressly authorized. The office of financial management may make an exception to the limitations described in this subsection (2)(b) for exigent circumstances after notifying the legislative fiscal committees and waiting ten days for comments by the legislature regarding the proposed exception.
(c) Minor works preservation projects may include program improvements of no more than twenty-five percent of the individual minor works preservation project cost.
NEW SECTION. Sec. 7028. FOR THE STATE TREASURER—TRANSFERS
Public works assistance account—state: For transfer
to the water pollution control revolving account,
$6,000,000 for fiscal year 2016 and $6,000,000 for
fiscal year 2017 $12,000,000
Public works assistance account—state: For transfer
to the drinking water assistance account, $4,400,000
for fiscal year 2016 and $4,400,000 for fiscal
year 2017 $8,800,000
State toxics control account: For transfer to the
environmental legacy trust account $24,000,000
Local toxics control account: For transfer to the
environmental legacy trust account $30,000,000
The state treasurer is authorized to modify these transfer amounts throughout the 2015-2017 fiscal biennium in order to maintain positive account balances in the three accounts. The state treasurer, in consultation with the department of ecology and the office of financial management is further authorized to transfer amounts from the cleanup settlement account established in RCW 70.105D.130 to the state toxics control account, the local toxics control account or the environmental legacy trust account to maintain positive account balances. Any transfers from the cleanup settlement account must be considered an inter fund loan and must be repaid to the cleanup settlement account. The department of ecology is further authorized to delay the start of various clean-up projects funded in this act with the state toxics control account, the local toxics control account, and the environmental legacy trust account, if necessary to maintain positive account balances after maximizing the inter-fund transfer authority provided in this section. The department of ecology is further authorized to delay the start of various clean-up projects funded in this act with the state toxics control account, the local toxics control account, and the environmental legacy trust account, if necessary to maintain positive account balances after maximizing the inter-fund transfer authority provided in this section.
NEW SECTION. Sec. 7029. RESEARCH ON TRANSFER OF FEDERAL LANDS TO WASHINGTON STATE. Staff from the appropriate legislative committees shall use existing studies and available literature to research the potential costs, revenues, and policy impacts of transferring federal lands to state ownership. The research must include:
(1) Costs to the state of: (a) Land management related to wildfires, forest health, invasive species management, and public access; (b) addressing deferred forest health issues and ongoing maintenance; (c) payments in lieu of taxes; (d) state program development; and (e) other potential costs.
(2) Revenues to the state from: (a) Current and increased timber cut-rates; (b) mineral lease revenues; (c) recreation fees; (d) grazing fees; (e) permanent common school account investment income; and (f) other potential revenues.
(3) Policy research related to the endangered species act, the mining law of 1872, and other federal-state impacts.
(4) The research may not include consideration of revenues or costs of transferring public lands into private ownership status.
(5) A report on this research must be provided to appropriate legislative committees by December 1, 2015.
NEW SECTION. Sec. 7030. (1) The legislature recognizes that school districts are responsible for siting, building, and maintaining school facilities that provide a learning environment supportive of student achievement, and that schools are integral to the communities they serve. The legislature intends to create the legislative task force on school siting, as provided in subsection (2) of this section, to review school facility challenges created by enrollment increases and recent education reforms, including expansion of full-day kindergarten and smaller class sizes.
(2) A legislative task force on school siting is established, with members as provided in this subsection. All member appointments or selections must be made by July 1, 2015.
(a) The president of the senate shall appoint two members from each of the two largest caucuses of the senate.
(b) The speaker of the house of representatives shall appoint two members from each of the two largest caucuses of the house of representatives.
(c) The governor shall appoint one member who represents environmental concerns related to school siting and one member who represents the building industry.
(d) The task force must also include:
(i) A representative of the association of Washington cities;
(ii) A representative of the Washington state association of counties;
(iii) Two representatives of school districts, who represent school districts that serve students in urban areas and currently are experiencing difficulty finding suitable siting locations, selected by the Washington association of school administrators;
(iv) Two representatives of school districts, who represent school districts that serve students in rural areas and currently are experiencing difficulty finding suitable siting locations, selected by the Washington association of school administrators; and
(v) A representative of the Washington state association of county and regional planning directors.
(3) The task force shall choose its chair from among its legislative membership. The chair shall convene at least three meetings of the task force.
(4) The task force shall review the issue of siting schools inside and outside of urban growth areas. In reviewing this issue, the task force must balance the planning goals and requirements set forth in chapter 36.70A RCW with the needs of school districts facing capacity issues and the infrastructure needs of local governments.
(5) Staff from the office of superintendent of public instruction and from affected school districts, counties, and cities must support the task force by providing local information as needed. Support provided by staff from the office of superintendent of public instruction must be provided within existing resources.
(6) Staff support for the task force must be provided by senate committee services and the house of representatives office of program research.
(7) Legislative members of the task force must be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members, except those representing an employer or organization, are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
(8) The expenses of the task force must be paid jointly by the senate and the house of representatives. Task force expenditures are subject to approval by the senate facilities and operations committee and the house of representatives executive rules committee, or their successor committees.
(9) The task force shall provide a summary of the task force's discussions and any recommendations to the appropriate committees of the legislature by December 1, 2015.
(10) This section expires January 1, 2016.
NEW SECTION. Sec. 7031. A legislative task force is established to work with the department of enterprise services and the state building code council, within existing funding, to study all aspects of the council's administration and operations for managing and conducting updates to the codes specified in chapters 19.27 and 19.27A RCW.
(a) The membership of the task force must be comprised of the four ex officio legislative members assigned to the council, two members of the department of enterprise services, four members of the council, of which two represent local government, with one local government member representing building code enforcement officials, and a variety of stakeholders who work with the council on a regular basis. The task force, at a minimum, must:
(i) Consult with other directors and representatives of state agencies who interact with the council;
(ii) Gather input from current councilmembers and former members who recently served on the council;
(iii) Review past legislation and other documents regarding the function of the council; and
(iv) Study the workforce level needed for rule making, conducting stakeholder processes, holding open meetings, processing code amendments, and addressing policy issues for the codes the legislature has charged the council to maintain.
(b) Staff support for the task force must be provided by the capital budget staff of senate committee services and the office of program research.
(c) By December 18, 2015, and in compliance with RCW 43.01.036, any findings and recommendations made by the task force must be reported to the governor and the appropriate committees of the legislature. If work cannot be completed by December 18, 2015, a report on the status of the task force work must be provided with any recommended actions followed by a second report that must be submitted to the governor and the appropriate committees of the legislature by December 16, 2016.
NEW SECTION. Sec. 7032. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
MOTION
Senator Kohl-Welles moved that the following amendment by Senator Kohl-Welles and others to the committee striking amendment be adopted:
On page 11, on line 15, strike all material through and including line 5 on page 12, and insert the following:
"Spokane children's theatre $18,000
KEXP's new home at Seattle center $1,866,000
Admiral theatre renovation 2.0 $100,000
Kirkland arts center - capital improvements project $48,000
Uniontown creativity center addition and site improvements $123,000
San Juan islands museum of art $650,000
KidsQuest children's museum - good to grow capital campaign $2,000,000
Cornish playhouse $232,000
ACT theatre eagles auditorium restoration and renovation $303,000
Music works northwest park 118 building renovation $64,000
New hands on children's museum $393,000
Seattle Theatre Group $131,000
Cornish Centennial Lab $2,000,000
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senator Kohl-Welles spoke in favor of adoption of the amendment to the committee striking amendment.
Senator Honeyford spoke against the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Kohl-Welles and others on page 11, line 15 to the committee striking amendment to Engrossed House Bill No. 1115.
The motion by Senator Kohl-Welles failed and the amendment to the committee striking amendment was not adopted by voice vote.
MOTION
Senator Kohl-Welles moved that the following amendment by Senators Kohl-Welles and Pedersen to the committee striking amendment be adopted:
On page 11, on line 24, increase the amount by $866,000"
Adjust the totals and increase the appropriation accordingly
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senator Kohl-Welles spoke in favor of adoption of the amendment to the committee striking amendment.
Senator Honeyford spoke against adoption of the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Kohl-Welles and Pedersen on page 11, line 24 to the committee striking amendment to Engrossed House Bill No. 1115.
The motion by Senator Kohl-Welles failed and the amendment to the committee striking amendment was not adopted by voice vote.
MOTION
Senators Keiser moved that the following amendment by Senators Keiser and Conway to the committee striking amendment be adopted.
On page 16, after line 4, insert the following:
"NEW SECTION. Sec. 1037 FOR THE DEPARTMENT OF COMMERCE
Clean Energy and Energy Freedom Program (30000726)
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriations are provided solely for projects that provide a benefit to the public through development, demonstration, and deployment of clean energy technologies that save energy and reduce energy costs, reduce harmful air emissions or otherwise increase energy independence for the state. All expenditures must be used for projects that develop and acquire assets that have a useful life of at least thirteen years. These requirements must be specified in funding agreements issued by the department.
(2)(a) $10,000,000 of the state taxable building construction account is provided solely to create a revolving loan fund to support the widespread use of proven energy efficiency and renewable energy technologies now inhibited by lack of access to capital.
(b) The department shall provide grant funds to one or more competitively selected nonprofit lenders that will provide matching private capital and will administer the loan fund. The department must select the loan fund administrator or administrators through a competitive process, with scoring conducted by a group of qualified experts, applying criteria specified by the department.
(c) The department must establish guidelines that specify applicant eligibility, the screening process, and evaluation and selection criteria. The guidelines must be used by the nonprofit lenders.
(d) Loan applications must disclose all sources of public funds invested in the project. The nonprofit lender must make loans available to the following types of projects that include, but are not limited to: Residential, commercial, industrial, and agricultural energy retrofits, residential and community-scale solar installations, anaerobic digesters to treat dairy and organic waste, and combined heat and power projects using woody biomass as a fuel source.
(e) State funds may not exceed fifty percent of the estimated cost of a project, and funding preference must be provided to projects that offer a higher percentage of nonstate match funds.
(f) The department must conduct due diligence activities associated with the use of public funds, including oversight of the project selection process and project monitoring.
(3)(a) $15,000,000 of the state building construction account is provided solely for grants to advance clean and renewable energy technologies and advance transmission and distribution control system improvements for increased reliability, resiliency, and enabling integration of distributed and renewable resources and technology by public and private electrical utilities that serve retail customers in the state. Eligible utilities may partner with other public and private sector research organizations and businesses in applying for funding.
(b) The department shall develop a grant application process to competitively select projects for grant awards, to include scoring conducted by a group of qualified experts with application of criteria specified by the department. In development of the application criteria, the department shall, to the extent possible, allow smaller utilities or consortia of small utilities to apply for funding.
(c) The department shall convene an advisory panel of electric utility representatives to identify program objectives, near term priorities and long term goals.
(d) Applications for grants must disclose all sources of public funds invested in a project.
(e) Grant funds must be used for research, development, or demonstration projects that integrate intermittent renewables through energy storage, information technology or other smart grid technologies, dispatch energy storage resources from utility control rooms, use demand response, transactive control, or the thermal properties and electric load of commercial buildings and district energy systems to store energy, reduce transmission congestion or otherwise improve system reliability and resiliency and enable integration of distributed and renewable energy sources.
(4)(a) $15,000,000 of the state building construction account is provided solely for grants to match federal funds or other nonstate funding sources used to research, develop, and demonstrate clean energy technologies.
(b) The department shall consult with the University of Washington, Washington State University, the Pacific Northwest national laboratory and other clean energy organizations to design the program. The program shall offer matching funds for clean energy projects including, but not limited to: Advancing energy storage and solar technologies, advancing bioenergy, developing new lightweight materials, and advancing renewable energy and energy efficiency technologies.
(5) The department must report on number and results of projects that receive grants or loans through the clean energy fund, including the number of job hours created and the number of jobs maintained and created, to the governor and the legislature, by November 1, 2016.
Appropriation:
State Taxable Building Construction Account—State
$10,000,000
State Building Construction Account—State $30,000,000
Subtotal Appropriation $40,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL . . . . . . . . . . . . . . . . . . . . $40,000,000"
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senators Keiser, Conway and Chase spoke in favor of adoption of the amendment to the committee striking amendment.
Senators Honeyford and Ericksen spoke against adoption of the amendment to the committee striking amendment.
Senator Keiser demanded a roll call.
The President declared that one-sixth of the members supported the demand and the demand was sustained.
The President declared the question before the Senate to be the adoption of the amendment by Senator Keiser and Conway on page 16, after line 4 to the committee striking amendment to Engrossed House Bill No. 1115.
ROLL CALL
The Secretary called the roll on the adoption of the amendment by Senator Keiser and others to the committee striking amendment and the amendment was not adopted by the following vote: Yeas, 24; Nays, 25; Absent, 0; Excused, 0.
Voting yea: Senators Billig, Chase, Cleveland, Conway, Darneille, Ericksen, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hatfield, Hobbs, Jayapal, Keiser, Kohl-Welles, Liias, McAuliffe, McCoy, Mullet, Nelson, Pedersen, Ranker and Rolfes
Voting nay: Senators Angel, Bailey, Baumgartner, Becker, Benton, Braun, Brown, Dammeier, Dansel, Fain, Hewitt, Hill, Honeyford, King, Litzow, Miloscia, O'Ban, Padden, Parlette, Pearson, Rivers, Roach, Schoesler, Sheldon and Warnick
MOTION
Senator Liias moved that the following amendment by Senator Liias to the committee striking amendment be adopted:
On page 16, after line 4, insert the following:
"NEW SECTION. Sec. 1. FOR THE DEPARTMENT OF COMMERCE
Community Energy Efficiency Program (30000845)
Appropriation:
State Building Construction Account—State $10,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $40,000,000
TOTAL . . . . . . . . . . . . . . . . . . . . $50,000,000"
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senator Liias spoke in favor of adoption of the amendment to the committee striking amendment.
Senator Honeyford spoke against adoption of the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Liias on page 16, after line 4 to the committee striking amendment to Engrossed House Bill No. 1115.
The motion by Senator Liias failed and the amendment to the committee striking amendment was not adopted by voice vote.
MOTION
Senator Frockt moved that the following amendment by Senator Frockt to the committee striking amendment be adopted:
On page27, after line 28, insert the following:
"Lyons Creek Flood Control Project . . . . . . . . . $400,000"
And adjust the totals and appropriation accordingly
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senator Frockt spoke in favor of adoption of the amendment to the committee striking amendment.
Senators Keiser and Honeyford spoke against adoption of the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Frockt on page 27, after line 28 to the committee striking amendment to Engrossed House Bill No. 1115.
The motion by Senator Frockt failed and the amendment to the committee striking amendment was not adopted by voice vote.
MOTION
Senator McAuliffe moved that the following amendment by Senator McAuliffe to the committee striking amendment be adopted:
On page 27, on line 29, reduce the amount by $300,000
On page 28, after line 9, insert the following:
"Wayne golf course land preservation . . . . . . $300,000
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senators McAuliffe and Honeyford spoke in favor of adoption of the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator McAuliffe on page 27, line 29 to the committee striking amendment to Engrossed House Bill No. 1115.
The motion by Senator McAuliffe carried and the amendment to the committee striking amendment was adopted by voice vote.
MOTION
Senator Padden moved that the following amendment by Senator Padden to the committee striking amendment be adopted:
On page 29, beginning on line 19, after "project." strike all material through "years." on line 27 and insert "Of that amount, $1,300,000 is provided for the county's purchase of mobile home parks within accident potential zone II in order to reduce the density of residential uses within the accident potential zone. The county and city of jurisdiction over the property shall rezone the property and place additional limitations on the property so that future uses of the property are compatible with the United States' department of defense "joint land use study" of 2009. Any proceeds from the sale of land using this appropriation must be reapplied to Fairchild air force base encroachment protection. Additionally, the city of jurisdiction shall extend sewer and water service to the properties at its own expense. The remaining $200,000 is provided for the purchase of land for the development of affordable housing. This land must be in relative close proximity to Fairchild air force base and outside of any accident potential zones."
Senators Padden and Honeyford spoke in favor of adoption of the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Padden on page 29, line 19 to the committee striking amendment to Engrossed House Bill No. 1115.
The motion by Senator Padden carried and the amendment to the committee striking amendment was adopted by voice vote.
MOTION
Senator Habib moved that the following amendment by Senator Habib to the committee striking amendment be adopted:
On page 29, after line 39, Insert the following:
"Cancer immunotherapy facility-Seattle children's research program . . . . . . . . . . . . $5,000,000"
Adjust the totals and appropriations accordingly
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senators Habib and Frockt spoke in favor of adoption of the amendment to the committee striking amendment.
Senators Keiser and Honeyford spoke against adoption of the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Habib on page 29, after line 39 to the committee striking amendment to Engrossed House Bill No. 1115.
The motion by Senator Habib failed and the amendment to the committee striking amendment was not adopted by a rising vote.
MOTION
Senator McCoy moved that the following amendment by Senator McCoy to the committee striking amendment be adopted:
On page 30, after line 8, insert the following:
"Everett YMCA . . . . . . . . . . . . . . . . . . $2,000,000"
Increase the totals and appropriation accordingly
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senators McCoy and Hobbs spoke in favor of adoption of the amendment to the committee striking amendment.
Senator Honeyford spoke against adoption of the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator McCoy on page 30, after line 8 to the committee striking amendment to Engrossed House Bill No. 1115.
The motion by Senator McCoy failed and the amendment to the committee striking amendment was not adopted by voice vote.
MOTION
Senator Kohl-Welles moved that the following amendment by Senator Kohl-Welles to the committee striking amendment be adopted:
On page 30, after line 36, insert the following:
"Pike Place Market Front . . . . . . . . . . $800,000"
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senator Kohl-Welles spoke in favor of adoption of the amendment to the committee striking amendment.
Senator Honeyford spoke against adoption of the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Kohl-Welles on page 30, after line 36 to the committee striking amendment to Engrossed House Bill No. 1115.
The motion by Senator Kohl-Welles failed and the amendment to the committee striking amendment was not adopted by voice vote.
MOTION
Senator Kohl-Welles moved that the following amendment by Senator Kohl-Welles to the committee striking amendment be adopted:
On page 32, on line 39, increase the amount by $3,000,000
On page 33, after line 7, insert the following:
"Swedish Ballard psychiatric unit . . . . . . . $3,000,000
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senator Kohl-Welles spoke in favor of adoption of the amendment to the committee striking amendment.
WITHDRAWAL OF AMENDMENT
On motion of Senator Kohl-Welles, the amendment by Senator Kohl-Welles on page 32, line 39 to the committee striking amendment to Engrossed House Bill No. 1115 was withdrawn.
MOTION
Senator Ericksen moved that the following amendment by Senator Ericksen to the committee striking amendment be adopted:
On page 86, after line 14, insert the following:
"The appropriations in this section are subject to the following conditions and limitations:
(1) $6,000,000 of the appropriation is provided solely for the Harris Avenue Dock Project.
(2) $900,000 of the appropriation is provided solely for the Blaine Marina cleanup project."
On page 86 on line 16 increase the amount by $6,300,000 and adjust the totals accordingl
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senator Ericksen spoke in favor of adoption of the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Ericksen on page 86, after line 14 to the committee striking amendment to Engrossed House Bill No. 1115.
The motion by Senator Ericksen carried and the amendment to the committee striking amendment was adopted by voice vote.
MOTION
Senator Keiser moved that the following amendment by Senator Keiser to the committee striking amendment be adopted:
On page 87, after line 25, insert the following:
"State Building Construction Account—State $24,400,000"
Correct the totals accordingly
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senator Keiser spoke in favor of adoption of the amendment to the committee striking amendment.
WITHDRAWAL OF AMENDMENT
On motion of Senator Keiser, the amendment by Senator Keiser on page 87, line 25 to the committee striking amendment to Engrossed House Bill No. 1115 was withdrawn.
MOTION
Senator Conway moved that the following amendment by Senators Conway and Rolfes to the committee striking amendment be adopted:
On page 94, after line 11, insert the following:
"NEW SECTION. Sec. 3086. FOR THE DEPARTMENT OF ECOLOGY
Floodplains by Design (30000537)
Appropriation:
State Building Construction Account—State $30,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $92,000,000
TOTAL $122,000,000"
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senator Conway spoke in favor of adoption of the amendment to the committee striking amendment.
Senator Honeyford spoke against adoption of the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senators Conway and Rolfes on page 94, line 11 to the committee striking amendment to Engrossed House Bill No. 1115.
The motion by Senator Conway failed and the amendment to the committee striking amendment was not adopted by voice vote.
MOTION
Senator Baumgartner moved that the following amendment by Senators Baumgartner and Padden to the committee striking amendment be adopted:
On page 96, on line 30, strike "Mount Spokane Road Improvements, Stage 2D (30000693)" and insert "Mount Spokane Guest Services Building (92000011)
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senator Baumgartner spoke in favor of adoption of the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senators Baumgartner and Padden on page 96, line 30 to the committee striking amendment to Engrossed House Bill No. 1115.
The motion by Senator Baumgartner carried and the amendment to the committee striking amendment was adopted by voice vote.
MOTION
Senator Ericksen moved that the following amendment by Senator Ericksen to the committee striking amendment be adopted:
On page 117, on line 26, increase the amount by $1,200,000
Adjust the totals and increase the appropriation accordingly
Renumber the remaining sections consecutively and correct any internal references accordingly.
WITHDRAWAL OF AMENDMENT
On motion of Senator Ericksen, the amendment by Senator Ericksen on page 117, line 26 to the committee striking amendment to Engrossed House Bill No. 1115 was withdrawn.
MOTION
Senator Nelson moved that the following amendment by Senator Nelson to the committee striking amendment be adopted:
On page 118, on line 13, strike all material through and including line 15.
On page 118, on line 17, increase the amount by $15,000,00
Renumber the remaining sections consecutively and correct any internal references accordingly
Senator Nelson spoke in favor of adoption of the amendment to the committee striking amendment.
Senator Honeyford spoke against adoption of the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Nelson on page 118, line 13 to the committee striking amendment to Engrossed House Bill No. 1115.
The motion by Senator Nelson failed and the amendment to the committee striking amendment was not adopted by voice vote.
MOTION
Senator McCoy moved that the following amendment by Senator McCoy to the committee striking amendment be adopted:
On page 118, on line 30, increase the amount by $5 million
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senator McCoy spoke in favor of adoption of the amendment to the committee striking amendment.
Senator Honeyford spoke against adoption of the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator McCoy on page 118, line 30 to the committee striking amendment to Engrossed House Bill No. 1115.
The motion by Senator McCoy failed and the amendment to the committee striking amendment was not adopted by voice vote.
MOTION
Senator Rolfes moved that the following amendment by Senator Rolfes to the committee striking amendment be adopted:
On page 137, after line 28, insert the following:
"NEW SECTION. Sec. 1. FOR THE DEPARTMENT OF NATURAL RESOURCES
Community Forest Trust (30000217)
Appropriation:
State Building Construction Account—State $3,442,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $3,442,000"
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senator Rolfes spoke in favor of adoption of the amendment to the committee striking amendment.
WITHDRAWAL OF AMENDMENT
On motion of Senator Rolfes, the amendment by Senator Rolfes on page 137, line 28 to the committee striking amendment to Engrossed House Bill No. 1115 was withdrawn.
MOTION
Senator Habib moved that the following amendment by Senator Habib to the committee striking amendment be adopted:
On page 158, after line 12, insert the following:
"NEW SECTION. Sec. 1. FOR THE UNIVERSITY OF WASHINGTON
Clean Energy Research Test Beds (30000717)
Appropriation:
State Building Construction Account—State $10,000,000
Prior Biennia (Expenditures) $0
Future Biennia (Projected Costs) $0
TOTAL $10,000,000"
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senators Habib and Chase spoke in favor of adoption of the amendment to the committee striking amendment.
Senator Honeyford spoke against adoption of the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Habib on page 158, after line 12 to the committee striking amendment to Engrossed House Bill No. 1115.
The motion by Senator Habib failed and the amendment to the committee striking amendment was not adopted by voice vote.
MOTION
Senator Honeyford moved that the following amendment by Senators Honeyford and Keiser to the committee striking amendment be adopted:
On page 163, line 13, strike "$52,451,000" and insert "$56,041,000"
On page 163, line 16, strike "$57,451,000" and insert "$61,041,000"
On page 163, after line 16, insert the following:
"The appropriations in this section are subject to the following conditions and limitations: The reappropriation amounts may be used for the construction phase of the project."
On page 164, strike section 5075
Renumber sections accordingly
Senator Honeyford spoke in favor of adoption of the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senators Honeyford and Keiser on page 163, line 13 to the committee striking amendment to Engrossed House Bill No. 1115.
The motion by Senator Honeyford carried and the amendment to the committee striking amendment was adopted by voice vote.
MOTION
Senator Rolfes moved that the following amendment by Senators Rolfes and Angel to the committee striking amendment be adopted:
On page 178, line 23, strike "$42,209,000" and insert "$48,516,000"
On page 178, line 26, strike "$45,833,000" and insert "$52,140,000"
Senators Rolfes and Angel spoke in favor of adoption of the amendment to the committee striking amendment.
Senator Honeyford spoke against adoption of the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senators Rolfes and Angel on page 178, line 13 to the committee striking amendment to Engrossed House Bill No. 1115.
The motion by Senator Rolfes failed and the amendment to the committee striking amendment was not adopted by voice vote.
MOTION
Senator Mullet moved that the following amendment by Senator Mullet and others to the committee striking amendment be adopted:
On page 235, after line 3, insert the following:
"NEW SECTION. Sec. 7029. FOR THE STATE TREASURER—TRANSFERS
General Fund—state: For transfer to the public works assistance account--state, $100,000,000 for fiscal year 2016 and $100,000,000 for fiscal year 2017. . . . . . . $200,000,000
The state treasurer must transfer from the general fund amounts, up to the amount authorized in this section, to equal any amounts transferred out of the public works assistance account--state to any account not dedicated to public infrastructure.
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senators Mullet and Hasegawa spoke in favor of adoption of the amendment to the committee striking amendment.
Senators Hill and Baumgartner spoke against adoption of the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Mullet and others on page 235, after line 3 to the committee striking amendment to Engrossed House Bill No. 1115.
The motion by Senator Mullet failed and the amendment to the committee striking amendment was not adopted by voice vote.
MOTION
Senator Liias moved that the following amendment by Senator Liias and others to the committee striking amendment be adopted:
On page 236, on line 5, after "school siting" insert: ", one member who represents active transportation concerns
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senator Liias spoke in favor of adoption of the amendment to the committee striking amendment.
Senator Honeyford spoke against adoption of the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Liias and others on page 236, line 5 to the committee striking amendment to Engrossed House Bill No. 1115.
The motion by Senator Liias failed and the amendment to the committee striking amendment was not adopted by voice vote.
MOTION
Senator Ranker moved that the following amendment by Senator Ranker and others o the committee striking amendment be adopted:
On page 238, after line 6, insert the following:
"NEW SECTION. Section 7032. The appropriations contained in the various sections of this act to the various state agencies and local recipients of grants shall not be expended in furtherance of a contract with an entity that is not in compliance with federal and state laws prohibiting discrimination, including but not limited to Title VII of the civil rights act, the Americans with disabilities act, and chapter 49.60 RCW."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senators Ranker and O’Ban spoke in favor of adoption of the amendment to the committee striking amendment.
WITHDRAWAL OF AMENDMENT
On motion of Senator Ranker, the amendment by Senator Ranker on page 238, line 6 to the committee striking amendment to Engrossed House Bill No. 1115 was withdrawn.
MOTION
Senator Cleveland moved that the following amendment by Senator Cleveland to the committee striking amendment be adopted:
On page 238, after line 6, insert the following:
"NEW SECTION. Sec. 7032. During the 2015-2017 fiscal biennium, state agencies, their officers, and agents expending funds from the appropriations in this act for contracts with persons must include a provision that the person is prohibited from paying its employees less compensation or providing less favorable employment opportunities based on gender unless there is a bona fide job-related basis. For purposes of this section, person has the same meaning as RCW 82.04.030. This section shall be liberally construed to effectuate its purposes."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senators Cleveland and Nelson spoke in favor of adoption of the amendment to the committee striking amendment.
Senators Parlette, Angel and Schoesler spoke on adoption of the amendment to the committee striking amendment.
WITHDRAWAL OF AMENDMENT
On motion of Senator Cleveland, the amendment by Senator Cleveland on page 238, line 6 to Engrossed House Bill No. 1115 was withdrawn.
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means as amended to Engrossed House Bill No. 1115.
The motion by Senator Honeyford carried and the committee striking amendment as amended was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 2 of the title, after "improvements;" strike the remainder of the title and insert "amending RCW 43.160.080, 27.34.330, 79A.15.030, 79A.15.050, 28B.20.725, 28B.15.310, 28B.15.210, 28B.30.750, 28B.35.370, 28B.50.360, and 43.155.050; amending 2013 2nd sp.s. c 19 ss 1073, 1074, 1077, 1078, 1090, 1091, 1093, 1099, 1108, 1104, 1105, 2024, 2028, 3067, 3058, 3101, 3190, 3212, 5007, 5020, 5015, 5025, 5055, 5108, 5110, and 7043 (uncodified); amending 2013 3rd sp.s. c 1 s 3 (uncodified); reenacting and amending RCW 70.105D.070; adding new sections to 2013 2nd sp.s. c 19 (uncodified); creating a new section; repealing 2013 2nd sp.s. c 19 s 7013 (uncodified); providing an expiration date; and declaring an emergency."
MOTION
On motion of Senator Honeyford, the rules were suspended, Engrossed House Bill No. 1115 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Honeyford, Keiser, Benton, Conway, Hobbs, Warnick and Parlette spoke in favor of passage of the bill.
Senator Dansel, Baumgartner, Mullet Chase spoke against passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 1115 as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1115 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 39; Nays, 10; Absent, 0; Excused, 0.
Voting yea: Senators Angel, Bailey, Becker, Benton, Billig, Braun, Brown, Cleveland, Conway, Dammeier, Darneille, Ericksen, Fain, Fraser, Frockt, Hargrove, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Liias, Litzow, McAuliffe, Miloscia, O'Ban, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick
Voting nay: Senators Baumgartner, Chase, Dansel, Habib, Hasegawa, Kohl-Welles, McCoy, Mullet, Nelson and Pedersen
ENGROSSED HOUSE BILL NO. 1115 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
PERSONAL PRIVILEGE
Senator Honeyford: “Thank you Mr. President. I wanted to give thanks to the caucus staff, both Republican and Democrat and to our non-partisan. I believe they are in the wings, Lorrell, Sherry, Michael and Brian were invaluable for doing this and I would ask if you would ask them to take a bow.”
SECOND READING
SENATE BILL NO. 6080, by Senators Dammeier, Keiser, Honeyford, Conway and Pedersen
Financing public school facilities necessary to support state-funded all-day kindergarten and class size reduction in kindergarten through third grade.
MOTION
On motion of Senator Dammeier, Substitute Senate Bill No. 6080 was substituted for Senate Bill No. 6080 and the substitute bill was placed on the second reading and read the second time.
MOTION
Senator Frockt moved that the following amendment by Senator Frockt and others be adopted:
On page 7, after line 27, insert the following:
"(2)(a) The office of the superintendent of public instruction shall provide block grants of sixteen million five hundred thousand dollars in the 2015-17 biennium and sixteen million five hundred thousand dollars in the 2017-19 biennium in lieu of the grants provided in subsection (1) of this section to school districts meeting the following criteria:
(i) Headcount enrollment of more than forty-nine thousand students;
(ii) Higher than average enrollment growth in the primary grades within the past three years; and
(iii) Limited school site capacity that prohibits schools containing kindergarten through third grade classrooms from either adding additional constructed classrooms, modular classrooms, or portable classrooms.
(b) School districts meeting the criteria to receive the block grant provided in subsection (2)(a) of this section that would have received additional state funds in excess of the block grant provided through the grant calculated in subsection (1) of this section may receive the amount provided by the calculated grant in subsection (1) of this section in excess of the block grants."
Senators Frockt and Dammeier spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Frockt and others on page 7, after line 27 to Substitute Senate Bill No. 6080.
The motion by Senator Frockt carried and the amendment was adopted by voice vote.
MOTION
On motion of Senator Dammeier, the rules were suspended, Engrossed Substitute Senate Bill No. 6080 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Dammeier and Keiser spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6080.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6080 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 7; Absent, 0; Excused, 0.
Voting yea: Senators Angel, Bailey, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Dansel, Fain, Fraser, Frockt, Habib, Hargrove, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Litzow, McAuliffe, McCoy, Miloscia, Mullet, O'Ban, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick
Voting nay: Senators Baumgartner, Darneille, Ericksen, Hasegawa, Liias, Nelson and Padden
ENGROSSED SUBSTITUTE SENATE BILL NO. 6080, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1431, by Representatives Bergquist, Holy and S. Hunt
Modifying exemptions relating to real estate appraisals.
The measure was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, House Bill No. 1431 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Roach and Liias spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of House Bill No. 1431.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1431 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 1; Excused, 0.
Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick
Voting nay: Senator Dansel
Absent: Senator Ericksen
HOUSE BILL NO. 1431, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
Senator Schoesler announced a meeting of the Committee on Rules in the Majority Leader’s office immediately upon adjournment of the day’s session.
MOTION
At 6:28 p.m., on motion of Senator Fain, the Senate adjourned until 10:00 o’clock a.m. Wednesday, April 15, 2015.
BRAD OWEN, President of the Senate
HUNTER G. GOODMAN, Secretary of the Senate
1115-E
Other Action............................................... 120, 121, 122, 123
Second Reading........... 50, 117, 118, 119, 120, 121, 122, 123
Third Reading Final Passage............................................. 123
1263
Second Reading..................................................................... 9
Third Reading Final Passage................................................. 9
1422-E
Other Action......................................................................... 12
Second Reading................................................................... 11
Third Reading Final Passage............................................... 12
1431
Second Reading................................................................. 124
Third Reading Final Passage............................................. 124
1440-SE
Other Action........................................................................... 8
Second Reading..................................................................... 6
Third Reading Final Passage................................................. 8
1450-S2E
Other Action......................................................................... 28
Second Reading............................................................. 15, 27
Third Reading Final Passage............................................... 28
1516-S
Second Reading................................................................... 14
Third Reading Final Passage............................................... 14
1531
Second Reading..................................................................... 5
Third Reading Final Passage................................................. 5
1817
Second Reading................................................................... 14
Third Reading Final Passage............................................... 14
1822-S
Introduction & 1st Reading..................................................... 1
1844-SE
Other Action........................................................................... 5
Second Reading..................................................................... 4
Third Reading Final Passage................................................. 5
1879-S
Other Action......................................................................... 13
Second Reading................................................................... 13
Third Reading Final Passage............................................... 14
1884
Second Reading..................................................................... 8
Third Reading Final Passage................................................. 9
1892-S
Introduction & 1st Reading..................................................... 1
1940
Other Action......................................................................... 11
Second Reading..................................................................... 9
Third Reading Final Passage............................................... 11
1995
Introduction & 1st Reading..................................................... 1
2007
Second Reading..................................................................... 9
Third Reading Final Passage................................................. 9
2136-S2E
Introduction & 1st Reading..................................................... 1
4401
Introduction & 1st Reading..................................................... 1
5032
Messages................................................................................ 1
President Signed................................................................... 14
5052-S2
Final Passage as amended by House.................................... 50
Messages.............................................................................. 28
Other Action......................................................................... 50
5059-S
Messages................................................................................ 1
President Signed................................................................... 14
5119
President Signed..................................................................... 3
5121
President Signed..................................................................... 3
5156-S
Messages................................................................................ 1
President Signed................................................................... 14
5215-S2
Messages................................................................................ 1
President Signed................................................................... 14
5249
President Signed..................................................................... 3
5268-S
Messages................................................................................ 1
President Signed................................................................... 14
5293-S
Messages................................................................................ 1
President Signed................................................................... 14
5311-S2
Messages................................................................................ 1
President Signed................................................................... 14
5322-S
Messages................................................................................ 1
President Signed................................................................... 14
5404-S2
President Signed..................................................................... 3
5448-S
President Signed..................................................................... 3
5464
Messages................................................................................ 1
President Signed................................................................... 14
5482
Messages................................................................................ 1
President Signed................................................................... 14
5486-S2
Messages................................................................................ 1
President Signed................................................................... 14
5488-S
Messages................................................................................ 1
President Signed................................................................... 14
5518-S
President Signed..................................................................... 3
5768
President Signed..................................................................... 3
5793
Messages................................................................................ 1
President Signed................................................................... 14
5881
Messages................................................................................ 1
President Signed................................................................... 14
5897-S
Messages................................................................................ 1
President Signed................................................................... 14
5974
Messages................................................................................ 1
President Signed................................................................... 14
5999-S
Messages................................................................................ 1
President Signed................................................................... 14
6080
Second Reading................................................................. 124
6080-S
Second Reading................................................................. 124
6080-SE
Third Reading Final Passage............................................. 124
6099
Introduction & 1st Reading..................................................... 1
8664
Adopted.................................................................................. 2
Introduced.............................................................................. 2
9033 Maud Daudon
Confirmed.............................................................................. 2
9072 Shaunta Hyde
Confirmed.............................................................................. 3
CLERGY
Rasmussen, Pastor Kyle, Bethel Church, Chehalis................ 1
PAGES
Anderson Bicknell, Miss Cora............................................... 1
Gjurasic, Mr. Dominic........................................................... 1
PRESIDENT OF THE SENATE
Intro. Special Guest, Ferguson, Mr. Patrick, 2015 USA Boxing National Champion........................................................... 2
Intro. Special Guest, Welliver, Mr. Chauncy, 2005 WBC Boxing Champion, and family...................................................... 2
WASHINGTON STATE SENATE
Fiscal staff (capital) recognized......................................... 124
Personal Privilege, Senator Chase......................................... 3
Personal Privilege, Senator Cleveland................................... 3
Personal Privilege, Senator Honeyford.............................. 124
Personal Privilege, Senator Jayapal....................................... 3
Personal Privilege, Senator Kohl-Welles............................. 28
Point of Inquiry, Senator Hargrove........................................ 8
Point of Inquiry, Senator Keiser............................................ 8
Point of Inquiry, Senator Mullet............................................ 2
Remarks by Senator Hargrove............................................... 2