ESSB 5831 -
By Representative
ADOPTED AND ENGROSSED 03/07/2008
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 (1)(a) A joint legislative task force on
heating, ventilating, air conditioning, and refrigeration is
established, with members as provided in this subsection.
(i) The chair and ranking minority member of the senate labor,
commerce, research and development committee;
(ii) The chair and ranking minority member of the house commerce
and labor committee;
(iii) Four members representing the heating, ventilating, air
conditioning, and refrigeration industry, selected from nominations
submitted by statewide business organizations representing a cross-section of industries and appointed jointly by the president of the
senate and the speaker of the house of representatives. At least one
industry representative shall be from a county that has a contiguous
border with another state; and
(iv) Four members representing labor, selected from nominations
submitted by statewide labor organizations representing a cross-section
of industries and appointed jointly by the president of the senate and
the speaker of the house of representatives. At least one labor
representative shall be from a county that has a contiguous border with
another state.
(b) In addition, the department of labor and industries shall
cooperate with the joint legislative task force and maintain a liaison
representative, who shall be a nonvoting member. The department shall
cooperate with the joint legislative task force and provide information
as the joint legislative task force may reasonably request.
(c) The joint legislative task force shall choose its chair from
among its membership.
(2) The joint legislative task force shall review the following:
(a) Requirements for registering, certifying, and licensing
heating, ventilating, air conditioning, and refrigeration mechanics;
(b) Methods of registering or licensing contractors who qualify for
two or more registrations or licenses;
(c) Levels of mechanic certification and types of mechanic
specialties;
(d) On-the-job experience requirements for levels of mechanic
certification;
(e) Methods by which apprentices and other persons learning to
perform heating, ventilating, air conditioning, and refrigeration work
obtain trainee certificates;
(f) Exemptions to registration, certification, and licensing
requirements;
(g) Implementation of chapter 18.-- RCW (the new chapter created in
section 40 of this act); and
(h) Such other factors the joint legislative task force deems
necessary.
(3) Legislative members of the joint legislative task force shall
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.
(4) The expenses of the joint legislative task force shall be paid
jointly by the senate and the house of representatives.
(5) The joint legislative task force shall report its findings and
recommendations to the legislature by January 1, 2009.
(6) This section expires July 1, 2009.
NEW SECTION. Sec. 2
(1) "Applicant" means a person who has submitted the appropriate
form or forms to be considered for an HVAC/R mechanic certificate, a
temporary HVAC/R mechanic certificate, a trainee certificate, or an
HVAC/R operator certificate, as required by the department.
(2) "Board" means the HVAC/R board established in section 28 of
this act.
(3) "Boiler" means a closed vessel in which water is heated, steam
is generated, steam is superheated, or a combination thereof, under
pressure or vacuum by the application of heat, electricity, or nuclear
energy. "Boiler" also includes fired units for heating or vaporizing
liquids other than water where these systems are complete within
themselves.
(4) "BTUH" means British thermal units per hour.
(5) "Certified HVAC/R mechanic" means a person who has been issued
a valid HVAC/R mechanic certificate under section 17 of this act.
(6) "Certified specialty mechanic" means a person who has been
issued one or more valid specialty mechanic certificates under section
17 of this act.
(7) "CFM" means cubic feet per minute.
(8) "Department" means the department of labor and industries.
(9) "Director" means the director of the department or the
director's designee.
(10) "Gas company" has the same meaning as in RCW 80.04.010.
(11) "Gas company service piping" means gas piping that is owned by
or under the control of a gas company and used for transmission or
distribution of fuel to the point of contact at the premises or
property supplied or to be supplied, including service connections,
meters, or other apparatus or appliance used in the measurement of the
consumption of fuel by the customer. For the purposes of this
subsection, "point of contact" means the outlet of the meter or the
connection to the customer's gas piping, whichever is farther
downstream.
(12) "Gas piping" means pipes, valves, or fittings used to convey
fuel gas installed on a premise or in a building. "Gas piping" does
not include gas company service piping or any gas piping used directly
in the generation of electricity by an electric utility or a
commercial-scale nonutility generator of electricity.
(13) "Gas piping work" means to install, replace, or service gas
piping and venting related to gas piping. Solely for accruing hours of
HVAC/R work, "gas piping" also means to design, fabricate, and
construct gas piping and venting related to gas piping.
(14) "Hearth products" means any fuel gas or oil-fueled appliance
that has a visual presence in a living space of a residence or any
outdoor fuel gas barbecue or fireplace that is listed to the
appropriate underwriters laboratories, American national standards
institute, or ASTM international product safety standard.
(15) "Hours of HVAC/R work" means any combination of accrued hours
of HVAC/R work performed while:
(a) Employed by an HVAC/R contractor or a person exempt from the
requirements of chapter 18.27 RCW, chapter 19.28 RCW, or this chapter;
(b) Employed by a registered or licensed general or specialty
contractor, or the equivalent, in another state or country; or
(c) Serving in the United States armed forces.
(16) "HVAC" means heating, ventilating, and air conditioning.
(17)(a) "HVAC equipment and systems" means equipment necessary for
any system that heats, cools, conditions, ventilates, filters,
humidifies, or dehumidifies environmental air for residential,
industrial, or commercial use, including all related ventilation and
ducting systems.
(b) "HVAC equipment and systems" does not include: (i) Solid fuel
burning devices, such as wood stoves and coal stoves; (ii) gas company
service piping; (iii) gas piping other than that necessary to deliver
fuel; or (iv) boilers.
(18) "HVAC work" means to install, replace, service, test, or
adjust and balance HVAC equipment and systems. Solely for accruing
hours of HVAC/R work, "HVAC work" also means to design, fabricate, and
construct HVAC equipment and systems.
(19) "HVAC/R" means heating, ventilating, air conditioning, and
refrigeration.
(20) "HVAC/R contractor" means any person who:
(a) Advertises for, offers to perform, submits a bid for, or
performs any HVAC/R work covered by the provisions of this chapter;
(b) Employs anyone, or offers or advertises to employ anyone, to
perform any HVAC/R work that is subject to the provisions of this
chapter; or
(c) Is registered under section 3(1)(b) of this act.
(21) "HVAC/R equipment and systems" means HVAC equipment and
systems, refrigeration systems, and gas piping.
(22) "HVAC/R mechanic certificate" means any of the certificates
identified under section 8 of this act.
(23) "HVAC/R operator certificate" means the certificate identified
under section 11 of this act.
(24) "HVAC/R work" means all HVAC work, refrigeration work, and gas
piping work not otherwise exempted by this chapter.
(25) "Person" or "company," used interchangeably throughout this
chapter, means any individual, corporation, partnership, limited
partnership, organization, or any other entity whatsoever, whether
public or private.
(26) "Property management company" means a company that is
operating in compliance with state real estate licensing rules and is
under contract with a property owner to manage the buildings.
(27) "Refrigeration system" means a combination of interconnected
refrigerant-containing parts constituting one closed refrigerant
circuit in which a refrigerant is circulated for the purpose of
extracting heat and includes systems in which a secondary coolant,
cooled or heated by the refrigeration system, is circulated to the air
or other substance to be cooled or heated.
(28) "Refrigeration work" means to design, fabricate, construct,
install, replace, or service refrigeration systems. Solely for
accruing hours of HVAC/R work, "refrigeration work" also means to
design, fabricate, and construct refrigeration systems.
(29) "Service" means to repair, modify, or perform other work
required for the normal continued performance of HVAC/R equipment and
systems.
(30) "Specialty certificate" means any of the certificates
identified under section 7 of this act.
(31) "Technical college" means a public community or technical
college, or a not-for-profit nationally accredited technical or trade
school licensed by the workforce training and education coordinating
board under chapter 28C.10 RCW.
(32) "Temporary certificate" means any of the certificates issued
under section 9 of this act.
(33) "Trainee" means a person who has been issued a trainee
certificate by the department under section 10 of this act.
(34) "Trainee certificate" means any certificate issued under
section 10 of this act.
(35) "Valid" means not expired, revoked, or suspended.
NEW SECTION. Sec. 3
(a) Any person to engage in business as an HVAC/R contractor,
within the state, without having been issued a valid registration as a
contractor under chapter 18.27 RCW;
(b) Any person, on or after July 1, 2009, to engage in business as
an HVAC/R contractor, within the state, without having been issued a
valid registration as an HVAC/R contractor from the department; and
(c) Any person, on and after July 1, 2010, to employ a person to
perform or offer to perform HVAC/R work who has not been issued a valid
HVAC/R mechanic certificate, specialty certificate, temporary HVAC/R
mechanic certificate, trainee certificate, or HVAC/R operator
certificate issued by the department under this chapter.
(2) The department shall prescribe an application form to be used
to apply for an HVAC/R contractor registration under this chapter, and
shall ensure that the person applying for an HVAC/R contractor
registration is also a registered general or specialty contractor under
chapter 18.27 RCW before it issues that person an HVAC/R contractor
registration.
(3) For a person who may be issued two or more registrations or
licenses provided for in chapter 18.27 RCW, chapter 19.28 RCW, or this
chapter, the department shall establish on or before July 1, 2011, a
single registration/licensing document. The document shall list all of
the person's registrations and licenses.
(4) Regardless of when the HVAC/R contractor registration is
issued, it shall become suspended, revoked, expired, or renewed at the
same time as the registration issued under chapter 18.27 RCW.
(5) No bond or security in addition to that required of
contractors under chapter 18.27 RCW shall be required of an HVAC/R
contractor under this chapter.
(6) This section does not apply to:
(a) A person who is contracting for HVAC/R work on his or her own
residence;
(b) A person whose employees perform only HVAC/R work exempted
under section 5 of this act; or
(c) A person who is specifically exempted under RCW 18.27.090 from
contractor registration requirements.
NEW SECTION. Sec. 4
(2) Except as provided in section 5(1)(o) of this act, no political
subdivision of the state shall require a person possessing a valid
HVAC/R certificate, specialty certificate, temporary HVAC/R mechanic
certificate, trainee certificate issued by the department under this
chapter, or any person who is exempted under this chapter to
demonstrate any additional proof of competency in, obtain any license
for, or pay any fee to perform HVAC/R work in that political
subdivision.
NEW SECTION. Sec. 5
(a) Cleaning or replacing air filters, lubricating bearings,
replacing fan belts, cleaning evaporators or condensers, cleaning
cooling towers, or equipment logging on any HVAC/R equipment or
systems;
(b) Performing HVAC/R work on HVAC/R equipment or systems that:
(i) Contain six pounds or less of any refrigerant and is actuated by a
motor or engine having a standard rating of one-quarter horsepower or
less; or (ii) are an absorption system that has a rating of one-quarter
ton or less refrigeration effect;
(c) Setting oil tanks and related piping to a furnace;
(d) Setting propane tanks and related piping outside a building;
(e) Performing gas piping work on a fuel burning appliance with a
maximum capacity of five hundred thousand BTUH while holding a valid
journeyman plumber certificate issued under chapter 18.106 RCW or a
valid specialty plumber certificate issued under chapter 18.106 RCW for
performing services in RCW 18.106.010(10)(a);
(f) Performing HVAC/R work at his or her residence, farm, place of
business, or on other property owned by him or her, unless the HVAC/R
work is performed in the construction of a new building intended for
rent, sale, or lease;
(g) Performing HVAC/R work on his or her own property or to
regularly employed persons working on the premises of their employer,
unless the HVAC/R work is performed in the construction of a new
building intended for rent, sale, or lease. However, in a city with a
population of five hundred thousand or more, it is unlawful for any
person to perform or offer to perform the scope of work described in
section 11(3) of this act without having been issued a valid HVAC/R
operator certificate under this chapter;
(h) Performing HVAC/R work for or on behalf of a gas company when
such work is (i) incidental to the business of delivering fuel gas to
the premises or (ii) performed pursuant to any tariff on file with the
state utilities and transportation commission;
(i) Licensed under chapter 18.08 or 18.43 RCW who is designing
HVAC/R equipment or systems, but who is not otherwise performing HVAC/R
work;
(j) Making a like-in-kind replacement of a household appliance;
(k) Installing wood or pellet stoves, including directly related
venting such as a chimney or flue;
(l) Performing minor flexible ducting repairs in a single-family
residential structure;
(m) Performing cleaning, repair, or replacement of fuel oil filters
and nozzles of an oil heat burner assembly;
(n) Making like-in-kind replacement of an oil heat furnace in a
single-family residential structure and the associated fittings
necessary to connect the replacement oil heat furnace to existing
ductwork in a single-family residential structure; or
(o) Installing, replacing, and servicing hearth products. As used
in this subsection, "installing and replacing" means removing and
setting the hearth product pursuant to manufacturer instructions and
specifications, connecting a hearth product with or disconnecting the
hearth product from an approved flexible gas supply line not to exceed
thirty-six inches in length, and installing or uninstalling venting
that is directly related to the hearth product and that has been
provided in the same packaging of the hearth product by the
manufacturer.
(2) Nothing in this section precludes any person who is exempted
under this section from obtaining an HVAC/R mechanic certificate,
specialty certificate, temporary HVAC/R mechanic certificate, trainee
certificate, or HVAC/R operator certificate if they otherwise meet the
requirements of this chapter.
NEW SECTION. Sec. 6
(a) Using only class A1 refrigerants;
(b) Used primarily for the refrigeration of food products; and
(c) Physically located in an establishment whose North American
industry classification system code is within "445."
(2) Nothing in this section precludes any person exempted under
this section from obtaining any of the certificates provided for in
this chapter if he or she otherwise meets the requirements of this
chapter.
(3) This section expires June 30, 2013.
NEW SECTION. Sec. 7
(1) Gas piping specialty mechanic I/II. A person issued a gas
piping specialty mechanic I/II certificate may perform gas piping work
on a fuel burning appliance with a maximum capacity of five hundred
thousand BTUH.
(2) Refrigeration specialty mechanic I. A person issued a
refrigeration specialty mechanic I certificate may perform
refrigeration work on a refrigeration system that contains less than
thirty pounds of class A1 refrigerants.
(3) HVAC specialty mechanic I. A person issued an HVAC specialty
mechanic I certificate may perform HVAC work on HVAC equipment and
systems of seven and one-half tons or less or HVAC equipment and
systems of three thousand three hundred seventy-five CFM or less.
(4) Refrigeration specialty mechanic II. A person issued a
refrigeration specialty mechanic II certificate may perform
refrigeration work on a refrigeration system that contains less than
seventy pounds of class A1 refrigerants.
(5) HVAC specialty mechanic II. A person issued an HVAC specialty
mechanic II certificate may perform:
(a) HVAC work authorized to be performed by an HVAC specialty
mechanic I; and
(b) HVAC work on HVAC equipment and systems of twenty tons or less
or HVAC equipment and systems of nine thousand CFM or less.
(6) Gas piping specialty mechanic III. A person issued a gas
piping specialty mechanic III certificate may perform all gas piping
work on any fuel burning appliance.
(7) Refrigeration specialty mechanic III. A person issued a
refrigeration specialty mechanic III certificate may perform
refrigeration work on any refrigeration system using any refrigerant.
(8) HVAC specialty mechanic III. A person issued an HVAC specialty
mechanic III certificate may perform all HVAC work on HVAC equipment
and systems.
NEW SECTION. Sec. 8
(1) HVAC/R mechanic I. A person issued an HVAC/R mechanic I
certificate may perform:
(a) Gas piping work authorized to be performed by a gas piping
specialty mechanic I/II;
(b) Refrigeration work authorized to be performed by a
refrigeration specialty mechanic I; and
(c) HVAC work authorized to be performed by an HVAC specialty
mechanic I.
(2) HVAC/R mechanic II. A person issued an HVAC/R mechanic II
certificate may perform:
(a) Gas piping work authorized to be performed by a gas piping
specialty mechanic I/II;
(b) Refrigeration work authorized to be performed by a
refrigeration specialty mechanic II; and
(c) HVAC work authorized to be performed by an HVAC specialty
mechanic II.
(3) HVAC/R mechanic III. A person issued an HVAC/R mechanic III
certificate may perform:
(a) Gas piping work authorized to be performed by a gas piping
specialty mechanic III;
(b) Refrigeration work authorized to be performed by a
refrigeration specialty mechanic III; and
(c) HVAC work authorized to be performed by an HVAC specialty
mechanic III.
NEW SECTION. Sec. 9
(2) Upon review of the application provided in subsection (1) of
this section, the department may:
(a) If the applicant has accrued less than two thousand hours of
HVAC/R work, not issue a temporary HVAC/R mechanic certificate;
(b) If the applicant has accrued two thousand hours or more, but
less than four thousand hours of HVAC/R work, issue a temporary HVAC/R
mechanic I certificate;
(c) If the applicant has accrued four thousand hours or more, but
less than eight thousand hours of HVAC/R work, issue a temporary HVAC/R
mechanic II certificate; or
(d) If the applicant has accrued eight thousand hours or more of
HVAC/R work, issue a temporary HVAC/R mechanic III certificate.
(3) The temporary HVAC/R mechanic certificate issued under this
section shall clearly indicate on the document that it is temporary in
nature and contain the period for which it is valid.
(4) A person issued a temporary HVAC/R mechanic certificate shall
have that certificate in his or her possession when performing any
HVAC/R work and shall show the certificate to any authorized
representative of the department upon request.
(5) A person issued a temporary HVAC/R mechanic certificate under
this section may only perform the scope of work authorized under
section 8 of this act for the equivalent HVAC/R mechanic certificate
and may not supervise any person with a trainee certificate issued
under this chapter.
(6) A temporary HVAC/R mechanic certificate issued under this
section shall be valid for ninety days from the date the department
issues a certificate or until the date the department furnishes to the
applicant the results of their examination for the equivalent HVAC/R
mechanic certificate, whichever is later. The applicant must take the
examination provided under this chapter for the equivalent HVAC/R
mechanic certificate within the ninety-day period granted under this
subsection.
NEW SECTION. Sec. 10
(2) Upon receipt of the application, the department shall issue a
trainee certificate to the applicant.
(3) The HVAC/R work performed under a trainee certificate issued
pursuant to this section must be:
(a) Within the scope of work authorized under that certificate;
(b) On the same job site and under the direction of an
appropriately certified HVAC/R mechanic or an appropriately certified
specialty mechanic; and
(c) Under the applicable supervision ratios required in section 18
of this act.
(4) A trainee shall have his or her certificate in his or her
possession when performing any HVAC/R work and shall show the
certificate to any authorized representative of the department upon
request.
(5) A trainee certificate shall be valid for a maximum of two years
from the date of issuance. The certificate shall include the
expiration date.
(6) The department may only renew a training certificate when the
trainee provides the department with:
(a) An accurate list of the persons who employed the trainee in
HVAC/R work for the previous two-year period and the number of hours of
HVAC/R work performed under each employer; and
(b) Evidence that the trainee has met the continuing education
requirements in section 20 of this act.
(7) If a person applies for a trainee certificate under this
section and electrical trainee status under chapter 19.28 RCW, the
department shall create, on or before July 1, 2011, a single document
for that person that represents this concurrent trainee status.
(8) A trainee who has not successfully passed any portion of the
examinations provided for in section 14 of this act is prohibited from
performing HVAC/R work in excess of two thousand hours beyond the
amount of hours required to become eligible under the requirements of
section 15(2)(c) of this act to take the examination for an HVAC/R
mechanic III certificate.
NEW SECTION. Sec. 11
(2) The department may issue an HVAC/R operator certificate to an
applicant who has successfully passed the examination provided for in
subsection (8) of this section.
(3) The scope of work that may be performed by a person under an
HVAC/R operator certificate is as follows:
(a) Cleaning or replacing air filters, lubricating bearings,
replacing fan belts, cleaning evaporators or condensers, cleaning
cooling towers, or equipment logging on any HVAC/R equipment or
systems; or
(b) Performing minor HVAC/R equipment and systems repair and HVAC/R
work on sealed HVAC/R equipment and systems.
(4) A person who performs HVAC/R work on HVAC/R equipment or
systems that: (a) Contain six pounds or less of any refrigerant and is
actuated by a motor or engine having a standard rating of one-quarter
horsepower or less; or (b) are an absorption system that has a rating
of one-quarter ton or less refrigeration effect, is not required to
obtain a certificate under this section.
(5) Any person issued a valid refrigeration operating engineer
license by the city of Seattle shall be issued an HVAC/R operator
certificate without meeting any additional requirements.
(6) A person issued a valid HVAC/R operator certificate under this
section shall have his or her certificate in his or her possession when
performing any HVAC/R work and shall show the certificate to any
authorized representative of the department upon request.
(7) An HVAC/R operator certificate issued under this section shall
be valid for a maximum of three years and shall expire on the holder's
birthdate. The certificate shall include the expiration date.
(8) The department shall develop an examination that an applicant
must pass before they can be issued an HVAC/R operator certificate
under this section. The exam shall be comparable to the current
refrigeration operating engineer license test used by the city of
Seattle.
(9) The hours accrued as an HVAC/R operating engineer under this
section may accrue towards the hours required to be eligible to take an
examination for an HVAC/R mechanic certificate under section 15 of this
act only if the HVAC/R operating engineer is supervised by an
appropriately certified HVAC/R mechanic or appropriately supervised
specialty mechanic and was issued a trainee certificate under section
10 of this act.
NEW SECTION. Sec. 12
(2) Upon review of the application provided in subsection (1) of
this section, the department shall:
(a) If the applicant has, since January 1, 1988, accrued less than
two thousand hours of HVAC/R work, not issue any HVAC/R mechanic
certificate;
(b) If the applicant has, since January 1, 1988, accrued two
thousand hours or more, but less than four thousand hours of HVAC/R
work, issue an HVAC/R mechanic I certificate;
(c) If the applicant has, since January 1, 1988, accrued four
thousand hours or more, but less than eight thousand hours of HVAC/R
work, issue an HVAC/R mechanic II certificate; or
(d) If the applicant has, since January 1, 1988:
(i) Accrued eight thousand hours or more of HVAC/R work;
(ii) Completed an appropriately related apprenticeship program
approved under chapter 49.04 RCW; or
(iii) Completed an appropriately related apprenticeship program in
another state or country equivalent to that provided in chapter 49.04
RCW, issue an HVAC/R mechanic III certificate.
(3) Once the appropriate level of HVAC/R mechanic certificate is
issued to a person under this section, that person shall become subject
to the other provisions of this chapter for any additional
certifications.
(4) This section expires July 1, 2010.
NEW SECTION. Sec. 13
(2) Upon review of the application provided in subsection (1) of
this section, the department shall:
(a) If the applicant holds a valid journey refrigeration mechanic
license issued by the city of Seattle, issue a refrigeration specialty
mechanic III certificate and an HVAC specialty mechanic III
certificate;
(b) If the applicant has, since January 1, 1988, accrued one
thousand hours of gas piping work, issue a gas piping specialty
mechanic I/II certificate;
(c) If the applicant was licensed in any local jurisdiction to
perform gas piping work on a fuel burning appliance with a maximum
capacity of five hundred thousand BTUH or less, issue a gas piping
specialty mechanic I/II certificate; and
(d) If the applicant was licensed in any local jurisdiction to
perform all gas piping work on any fuel burning appliance, issue a gas
piping specialty mechanic III certificate.
(3) The specialty certificates provided for in subsection (2) of
this section shall be in addition to any HVAC/R mechanic certificate
issued by the department under section 12 of this act.
(4) Once the appropriate level of specialty certificate is issued
to a person under this section, that person shall become subject to the
other provisions of this chapter for any additional certifications.
(5) This section expires July 1, 2010.
NEW SECTION. Sec. 14
(2) The examinations provided for under this section shall be
constructed to determine:
(a) Whether the applicant possesses general knowledge of the
technical information and practical procedures that are identified
within the relevant scope of work; and
(b) Whether the applicant is familiar with the applicable laws and
administrative rules of the department pertaining to the relevant scope
of work.
(3) The department, with advice from the board, may enter into a
contract with a professional testing agency to develop, administer, and
score the examinations provided for in this section. The department
may set the examination fee by contract with the professional testing
agency. However, the examination fee the department charges must
cover, but not exceed, the costs of preparing and administering the
examination.
(4) The department must administer, at least four times annually,
each examination provided under this section to applicants who are
eligible for examination under this chapter.
(5) The department must certify the results of each examination
administered under this section upon the terms and after such a period
of time as the department, with the advice of the board, deems
necessary and proper.
(6) A person may be given the appropriate level of examination they
are eligible to take as many times as necessary without limit.
However, each time an examination is given, the applicant must first
pay the required examination fee.
(7) The department, with the advice of the board, may adopt
policies and procedures to make examinations available in alternative
languages or formats to accommodate all applicants who are eligible for
examination under this chapter.
NEW SECTION. Sec. 15
(2) Upon receipt of an application for examination under this
section, the department shall review the application and determine
whether the applicant is eligible to take an examination for an HVAC/R
mechanic certificate using the following criteria:
(a) HVAC/R mechanic I certificate. To be eligible to take the
examination for an HVAC/R mechanic I certificate, the applicant must
have:
(i) Performed a minimum of one thousand hours of HVAC/R work and
the entire amount of those hours must be supervised;
(ii) Performed two thousand hours of HVAC/R work and seventy-five
percent of those hours must be supervised; or
(iii) Successfully completed an appropriately related
apprenticeship program approved under chapter 49.04 RCW that meets the
requirements of this level of certification.
(b) HVAC/R mechanic II certificate. To be eligible to take the
examination for an HVAC/R mechanic II certificate, the applicant must
have:
(i) Performed a minimum of four thousand hours of HVAC/R work and
seventy-five percent of those hours must be supervised; or
(ii) Successfully completed an appropriately related apprenticeship
program approved under chapter 49.04 RCW that meets the requirements of
this level of certification.
(c) HVAC/R mechanic III certificate. To be eligible to take the
examination for an HVAC/R mechanic III certificate, the applicant must
have:
(i) Performed under appropriate supervision levels the amount of
HVAC/R work required for an HVAC/R mechanic II certificate under (b)(i)
of this subsection plus an additional two thousand hours and the entire
amount of the additional hours required under this subsection must be
supervised;
(ii) Performed HVAC/R work for a minimum of eight thousand hours
and seventy-five percent of those hours must be supervised; or
(iii) Successfully completed an appropriately related
apprenticeship program under chapter 49.04 RCW that meets the
requirements of this level of certification.
(3) For the purposes of this section, "supervised" means:
(a) A person has performed HVAC/R work on the same job site and
under the direction of an appropriately certified HVAC/R mechanic or an
appropriately certified specialty mechanic; and
(b) The appropriate supervision ratios required in section 18 of
this act were followed.
(4) If any of an applicant's certificates issued prior to the
current application have been revoked, the department may deny the
current application for up to two years.
(5) Upon determining that the applicant is eligible to take an
examination under this section, the department shall so notify the
applicant, indicating the time and place for taking the examination.
(6) Work hours being accrued by an applicant as hours of HVAC/R
work under this chapter or towards electrical certification under
chapter 19.28 RCW may be credited for both the hours of HVAC/R work
required under this chapter and the hours of work required under
chapter 19.28 RCW.
(7) If an applicant is eligible for an examination under this
section and an examination under chapter 19.28 RCW, the department may
administer all such examinations at the same examination session.
However, upon request of the applicant, the department may administer
each examination at the time required in statute or rule for each
examination.
NEW SECTION. Sec. 16
| Type of Certificate | Substitution for Hours of HVAC/R Work | |
| (a) | HVAC/R Mechanic I | Up to 1,000 hours of technical college program may be substituted for up to 1,000 hours of HVAC/R work. |
| (b) | HVAC/R Mechanic II | Up to 2,000 hours of technical college program may be substituted for up to 2,000 hours of required HVAC/R work. |
| (c) | HVAC/R Mechanic III | Up to 4,000 hours of technical college program may be substituted for up to 4,000 hours of HVAC/R work. |
NEW SECTION. Sec. 17
(a) Is entitled to be issued the appropriate level of HVAC/R
mechanic certificate; and
(b) Is subject to the other provisions of this chapter for
additional certifications.
(2) If an applicant fails to pass one or more portions of an
examination administered to him or her under this chapter, that person:
(a) Is still entitled to be issued the appropriate specialty
certificate for each portion of the examination that was passed; and
(b) Is subject to the other provisions of this chapter for
additional certifications.
(3)(a) If an applicant demonstrates that he or she has passed
required modules of a national certification program and, as a result,
has been issued an equivalent level of certification by the national
propane gas association, that person is entitled to be issued a gas
piping specialty mechanic I/II certificate.
(b) A person certified as a gas piping specialty mechanic I/II
under (a) of this subsection is subject to the requirements of this
chapter to obtain any additional certificates.
(c) Nothing in this subsection (3) shall be construed to prohibit
a person from obtaining any of the other certificates provided for in
this chapter if they otherwise meet the requirements of this chapter.
(4) An HVAC/R mechanic certificate or specialty certificates shall
be valid for a maximum of three years and shall expire on the holder's
birthdate. All certificates shall include the expiration date.
(5) A person issued an HVAC/R mechanic certificate or specialty
certificate may only perform the scope of work authorized under
sections 7 and 8 of this act for the certificate.
(6) A person issued an HVAC/R mechanic certificate or specialty
certificate shall have the certificate in his or her possession when
performing any HVAC/R work and shall show the certificate to any
authorized representative of the department upon request.
(7) The department shall renew an HVAC/R mechanic certificate or
specialty certificate if the person issued the certificate:
(a) Applies for renewal of his or her certificate not more than
ninety days after the certificate expires; and
(b) Has complied with the continuing education requirement in
section 20 of this act.
(8) The department may not renew a certificate that has been
revoked or suspended.
(9) The department may deny renewal of a certificate if the person
seeking renewal owes outstanding penalties for a final judgment under
this chapter.
(10) The department shall, on or before July 1, 2011, create a
single document and establish a single expiration date for a person who
holds two or more certificates or specialty certificates under chapter
18.106 RCW, chapter 19.28 RCW, and this chapter. The document shall
list all of the person's certificates and specialty certificates.
NEW SECTION. Sec. 18
(a) For trainees not in a technical college program, two trainees
to each appropriately certified HVAC/R mechanic or appropriately
certified specialty mechanic; or
(b) For trainees in a technical college program, four trainees to
each appropriately certified HVAC/R mechanic or appropriately certified
specialty mechanic.
(2) When the ratio of trainees to appropriately certified HVAC/R
mechanics or appropriately certified specialty mechanics on a job site
is one appropriately certified HVAC/R mechanic or appropriately
certified specialty mechanic to one or two trainees, the appropriately
certified HVAC/R mechanic or appropriately certified specialty mechanic
must be on the same job site as the trainees for a minimum of seventy-
five percent of each working day.
(3) When the ratio of trainees to appropriately certified HVAC/R
mechanics or appropriately certified specialty mechanics on a job site
is one appropriately certified HVAC/R mechanic or appropriately
certified specialty mechanic to three or four trainees, the
appropriately certified HVAC/R mechanic or appropriately certified
specialty mechanic must:
(a) Directly supervise and instruct the trainees and may not
directly make or engage in HVAC/R work; and
(b) Be on the same job site as the trainees for one hundred percent
of each working day.
(4) Hours of HVAC/R work that are performed when the supervision
ratios are not in compliance with this section do not qualify as
supervised hours when accruing hours of HVAC/R work under this chapter.
(5) Notwithstanding any other provision of this chapter, a person:
(a) Who has successfully completed, or is currently enrolled in, an
approved appropriately related apprenticeship program or an HVAC/R
program at a technical college may perform, unsupervised, the remaining
six months of the experience requirements of this chapter;
(b) Determined to be eligible for examination under section
15(2)(a)(i) of this act and who passes all portions of that
examination, may perform, unsupervised, the remaining one thousand
hours of HVAC/R work required under this chapter for an HVAC/R mechanic
I certificate. However, all HVAC/R work performed by this person must
be within the scope of work for an HVAC/R mechanic I certificate and
this person may not supervise other trainees until they have completed
the full two thousand hours of HVAC/R work required by this chapter;
(c) Determined to be eligible for examination under section
15(2)(c)(i) of this act and who passes all portions of that
examination, may perform, unsupervised, the remaining two thousand
hours of HVAC/R work required under this chapter for an HVAC/R mechanic
III certificate. However, all HVAC/R work performed by this person
must be within the scope of work for an HVAC/R mechanic III certificate
and this person may not supervise other trainees until they have
completed the full eight thousand hours of HVAC/R work required by this
chapter.
NEW SECTION. Sec. 19
(a) The names and certificate numbers of any trainee who performed
HVAC/R work for them and the hours of HVAC/R work performed by each
trainee; and
(b) The names and certificate numbers of the appropriately
certified HVAC/R mechanics or appropriately certified specialty
mechanics who supervised the trainees identified in (a) of this
subsection.
(2) Every person who reported hours of HVAC/R work performed by
trainees under subsection (1) of this section shall attest that all of
the reported hours of HVAC/R work performed by trainees was in
compliance with the supervision ratio requirements in section 18 of
this act.
(3) The department may audit the records of a person who reported
hours of HVAC/R work performed by trainees under subsection (1) of this
section in the following circumstances: (a) Excessive hours were
reported; (b) hours were reported outside the normal course of the
HVAC/R contractor's business; (c) the type of hours reported do not
reasonably match the type of permits purchased; or (d) for other
similar circumstances in which the department demonstrates a likelihood
of excessive hours being reported. The department shall limit the audit
to records necessary to verify hours.
(4) Information obtained by the department from any person under
this section is confidential and exempt from public disclosure under
chapter 42.56 RCW.
NEW SECTION. Sec. 20
(2) The department, with the advice of the board, shall determine
the contents of the continuing education courses required in subsection
(1) of this section and establish the requirements for satisfactory
completion of such courses. If the department determines that a
continuing education course offered in another state is comparable to
courses offered in Washington, the department shall accept proof of
satisfactory completion of the out-of-state course as meeting the
continuing education requirement in this section.
(3) A trainee must, prior to the renewal date on their certificate,
demonstrate satisfactory completion of sixty hours of related
supplemental instruction or equivalent training courses, or courses
taken as part of an appropriately related apprenticeship program
approved under chapter 49.04 RCW.
(4) The department, with the advice of the board, shall determine
the contents of the related supplemental instruction or equivalent
training courses, or courses taken as part of an appropriately related
apprenticeship program approved under chapter 49.04 RCW required under
subsection (3) of this section, and establish the requirements for
satisfactory completion of such courses.
(5) All hours required under this section shall be accrued
concurrently and shall not exceed sixty hours for any person in any
certificate renewal period.
(6) Hours of approved continuing education required under this
section and hours of approved continuing education required under
chapter 19.28 RCW may be accrued concurrently. However, nothing in
this subsection shall be construed to relieve any person from having to
complete any continuing education mandated by the department by rule
pursuant to this chapter or pursuant to chapter 19.28 RCW.
NEW SECTION. Sec. 21
NEW SECTION. Sec. 22
(2) The department shall immediately suspend the certificates of
any 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 certificate shall be automatic upon the department's
receipt of a release issued by the department of social and health
services stating that the person is in compliance with the order.
NEW SECTION. Sec. 23
NEW SECTION. Sec. 24
NEW SECTION. Sec. 25
(2) The fees collected under this section shall cover the full
costs of issuing the registrations and the certificates required by
this chapter, devising and administering the examinations required by
this chapter, and administering and enforcing this chapter and chapter
18.106 RCW.
NEW SECTION. Sec. 26
NEW SECTION. Sec. 27
(2) The state of Washington and its officers, agents, and
employees may not be held liable for any acts performed pursuant to
this chapter.
NEW SECTION. Sec. 28
(2) The board shall consist of thirteen members to be appointed by
the governor with the advice of the director.
(a) Except as provided in this subsection, four members shall be
certified HVAC/R mechanics, of which at least one, but not more than
two, shall be a certified HVAC/R mechanic performing HVAC/R work east
of the crest of the Cascade mountains, and of which at least one shall
be a certified HVAC/R mechanic from a county that has a contiguous
border with another state. Any members appointed before July 1, 2010,
shall be persons who are eligible to be certified without examination
under section 12 or 13 of this act or to take an examination for
certification under section 15 of this act.
(b) Except as provided in this subsection, four members shall be
HVAC/R contractors, of which at least one, but not more than two, shall
be an HVAC/R contractor doing business east of the crest of the Cascade
mountains, and of which at least one shall be an HVAC/R contractor from
a county that has a contiguous border with another state. Any members
appointed before July 1, 2009, shall be persons who are engaged in
business as HVAC/R contractors and registered as contractors under
chapter 18.27 RCW.
(c) One member shall be from the general public and be familiar
with HVAC/R work.
(d) One member shall be a building operator representing the
commercial property management industry.
(e) One member shall be from the stationary operating engineers.
(f) One member shall be from a technical college or an approved
apprenticeship training program.
(g) One member shall be a building official familiar with
enforcement of HVAC/R work.
(3) Except as provided in this subsection, the term of each member
shall be three years. The term of each initial member shall expire as
follows: (a) The terms of the first certified HVAC/R mechanic and the
first HVAC/R contractor shall expire July 1, 2009; (b) the terms of the
second certified HVAC/R mechanic, the second HVAC/R contractor, and the
public member shall expire July 1, 2010; and (c) the terms of the third
certified HVAC/R mechanic and the third certified HVAC/R contractor
shall expire July 1, 2011. To ensure that the board may continue to
act, a member whose term expires shall continue to serve until his or
her replacement is appointed. In the case of any vacancy on the board
for any reason, the governor shall appoint a new member to serve out
the term of the person whose position has become vacant.
(4) The board shall, at its first meeting, elect one of its members
to serve as chair.
(5) The board shall meet at least quarterly in accordance with a
schedule established by the board.
(6) The board shall:
(a) Conduct proceedings for denying applications, suspending or
revoking certificates, and imposing civil penalties or other remedies.
Such proceedings shall be conducted in accordance with chapter 34.05
RCW;
(b) Review and make recommendations to adopt, amend, or repeal any
rules under this chapter. The director may not adopt, amend, or repeal
any rules until the board has conducted its review and made its
recommendations;
(c) Establish an alternative method or methods for persons to
attest for hours of HVAC/R work when applying for certificates under
this chapter, but only when all traditional methods allowing for
verification of hours of HVAC/R work have been exhausted;
(d) Approve expenditures from the plumbing and HVAC/R certificate
fund; and
(e) Advise the department on all other matters relative to this
chapter.
(7) The members of the board are entitled to be reimbursed for
travel expenses in accordance with RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 29
(2) The department shall administer this chapter in conjunction
with its administration of chapter 18.106 RCW.
(3) In the administration of this chapter, the department shall not
enter any controversy arising over work assignments with respect to the
trades involved in the construction industry.
NEW SECTION. Sec. 30
(1) Modify, amend, or supersede chapter 18.106 or 19.28 RCW;
(2) Prohibit or restrict an individual who is certified under
chapter 18.106 or 19.28 RCW from engaging in the trade in which he or
she is certified; or
(3) Regulate or include plumbing work defined in chapter 18.106 RCW
and its applicable rules or electrical work defined in chapter 19.28
RCW and its applicable rules.
NEW SECTION. Sec. 31
(2) If the employee of an unregistered HVAC/R contractor is cited
by a compliance agent, that employee is cited as the agent of the
employer, and issuance of the infraction to the employee is notice to
the unregistered HVAC/R contractor that the contractor is in violation
of this chapter. An employee who is cited by a compliance agent shall
not be liable for any of the alleged violations contained in the
citation unless the employee is also the unregistered HVAC/R contractor
or the employee is performing HVAC/R work that requires a certification
under this chapter without proper proof of the certification.
NEW SECTION. Sec. 32
NEW SECTION. Sec. 33
(1) A statement that the notice represents a determination that the
infraction has been committed by the person named in the notice and
that the determination shall be final unless contested as provided in
this chapter;
(2) A statement that the infraction is a noncriminal offense for
which imprisonment shall not be imposed as a sanction;
(3) A statement of the violation that necessitated issuance of the
infraction;
(4) A statement of penalty involved if the infraction is
established;
(5) A statement of the options provided in this chapter for
responding to the notice and the procedures necessary to exercise these
options;
(6) A statement that at any hearing to contest the notice of
infraction the state has the burden of proving, by a preponderance of
the evidence, that the infraction was committed; and that the person
may subpoena witnesses, including the compliance agent of the
department who issued and served the notice of infraction;
(7) A statement that, at any hearing to contest the notice of
infraction against a person who is not properly registered or certified
as required under this chapter, the person given the infraction has the
burden of proving that the infraction did not occur;
(8) A statement that the person named on the notice of infraction
must respond to the notice in one of the ways provided in this chapter;
and
(9) A statement that the person's failure to timely select one of
the options for responding to the notice of infraction after receiving
a statement of the options provided in this chapter for responding to
the notice of infraction and the procedures necessary to exercise these
options is guilty of a gross misdemeanor and may be punished by a fine
or imprisonment in jail.
NEW SECTION. Sec. 34
NEW SECTION. Sec. 35
(2) If the person named in the notice of infraction does not elect
to contest the notice of infraction, then the person shall pay to the
department, by check or money order, the amount of the penalty
prescribed for the infraction. When a response that does not contest
the notice of infraction is received by the department with the
appropriate penalty, the department shall make the appropriate entry in
its records.
(3) If the person named in the notice of infraction elects to
contest the notice of infraction, the person shall respond by filing
with the department specifying the appeal to the department in the
manner specified in this chapter.
(4) If any person issued a notice of infraction fails to respond
within the prescribed response period, the person shall be guilty of a
misdemeanor and prosecuted in the county where the infraction occurred.
(5) After final determination by an administrative law judge that
an infraction has been committed, a person who fails to pay a monetary
penalty within thirty days, that is not waived pursuant to this
chapter, and who fails to file an appeal shall be guilty of a
misdemeanor and be prosecuted in the county where the infraction
occurred.
(6) A person who fails to pay a monetary penalty within thirty days
after exhausting appellate remedies shall be guilty of a misdemeanor
and be prosecuted in the county where the infraction occurred.
(7) If a person who is issued a notice of infraction is a person
who has failed to register or be certified as required under this
chapter, the person is subject to a monetary penalty per infraction as
provided in the schedule of penalties established by the department,
and each day the person works without becoming registered or certified
is a separate infraction.
Sec. 36 RCW 18.106.125 and 1983 c 124 s 17 are each amended to
read as follows:
The department shall charge fees for issuance, renewal, and
reinstatement of all certificates and permits and for examinations
required by this chapter. The department shall set the fees by rule.
The fees collected under this chapter and chapter 18.-- RCW (the
new chapter created in section 40 of this act) shall cover the full
cost of issuing the certificates and permits, devising and
administering the examinations, and administering and enforcing this
chapter and chapter 18.-- RCW (the new chapter created in section 40 of
this act). The costs shall include travel, per diem, and
administrative support costs.
Sec. 37 RCW 18.106.130 and 1973 1st ex.s. c 175 s 13 are each
amended to read as follows:
All moneys received from certificates, permits, or other
sources((,)) shall be paid to the state treasurer as ex officio
custodian thereof and ((by him)) placed in a special fund designated as
the (("))plumbing and HVAC/R certificate fund((")). ((He)) The
treasurer shall pay out upon vouchers duly and regularly issued
therefor and approved by the director. The treasurer shall keep an
accurate record of payments into ((said)) the fund((,)) and of all
disbursement ((therefrom)) from the fund. ((Said)) The fund shall be
charged with its pro rata share of the cost of administering ((said))
the fund.
Sec. 38 RCW 43.84.092 and 2007 c 514 s 3 and 2007 c 356 s 9 are
each reenacted and amended to read as follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for
payments to financial institutions. Payments shall occur prior to
distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's and fund's
average daily balance for the period: The capitol building
construction account, the Cedar River channel construction and
operation account, the Central Washington University capital projects
account, the charitable, educational, penal and reformatory
institutions account, the Columbia river basin water supply development
account, the common school construction fund, the county criminal
justice assistance account, the county sales and use tax equalization
account, the data processing building construction account, the
deferred compensation administrative account, the deferred compensation
principal account, the department of retirement systems expense
account, the developmental disabilities community trust account, the
drinking water assistance account, the drinking water assistance
administrative account, the drinking water assistance repayment
account, the Eastern Washington University capital projects account,
the education construction fund, the education legacy trust account,
the election account, the emergency reserve fund, the energy freedom
account, The Evergreen State College capital projects account, the
federal forest revolving account, the freight congestion relief
account, the freight mobility investment account, the freight mobility
multimodal account, the health services account, the public health
services account, the health system capacity account, the personal
health services account, the state higher education construction
account, the higher education construction account, the highway
infrastructure account, the high-occupancy toll lanes operations
account, the plumbing and HVAC/R certificate fund, the industrial
insurance premium refund account, the judges' retirement account, the
judicial retirement administrative account, the judicial retirement
principal account, the local leasehold excise tax account, the local
real estate excise tax account, the local sales and use tax account,
the medical aid account, the mobile home park relocation fund, the
multimodal transportation account, the municipal criminal justice
assistance account, the municipal sales and use tax equalization
account, the natural resources deposit account, the oyster reserve land
account, the pension funding stabilization account, the perpetual
surveillance and maintenance account, the public employees' retirement
system plan 1 account, the public employees' retirement system combined
plan 2 and plan 3 account, the public facilities construction loan
revolving account beginning July 1, 2004, the public health
supplemental account, the public works assistance account, the Puyallup
tribal settlement account, the real estate appraiser commission
account, the regional mobility grant program account, the resource
management cost account, the rural Washington loan fund, the site
closure account, the small city pavement and sidewalk account, the
special wildlife account, the state employees' insurance account, the
state employees' insurance reserve account, the state investment board
expense account, the state investment board commingled trust fund
accounts, the supplemental pension account, the Tacoma Narrows toll
bridge account, the teachers' retirement system plan 1 account, the
teachers' retirement system combined plan 2 and plan 3 account, the
tobacco prevention and control account, the tobacco settlement account,
the transportation infrastructure account, the transportation
partnership account, the traumatic brain injury account, the tuition
recovery trust fund, the University of Washington bond retirement fund,
the University of Washington building account, the volunteer
firefighters' and reserve officers' relief and pension principal fund,
the volunteer firefighters' and reserve officers' administrative fund,
the Washington fruit express account, the Washington judicial
retirement system account, the Washington law enforcement officers' and
firefighters' system plan 1 retirement account, the Washington law
enforcement officers' and firefighters' system plan 2 retirement
account, the Washington public safety employees' plan 2 retirement
account, the Washington school employees' retirement system combined
plan 2 and 3 account, the Washington state health insurance pool
account, the Washington state patrol retirement account, the Washington
State University building account, the Washington State University bond
retirement fund, the water pollution control revolving fund, and the
Western Washington University capital projects account. Earnings
derived from investing balances of the agricultural permanent fund, the
normal school permanent fund, the permanent common school fund, the
scientific permanent fund, and the state university permanent fund
shall be allocated to their respective beneficiary accounts. All
earnings to be distributed under this subsection (4)(a) shall first be
reduced by the allocation to the state treasurer's service fund
pursuant to RCW 43.08.190.
(b) The following accounts and funds shall receive eighty percent
of their proportionate share of earnings based upon each account's or
fund's average daily balance for the period: The aeronautics account,
the aircraft search and rescue account, the county arterial
preservation account, the department of licensing services account, the
essential rail assistance account, the ferry bond retirement fund, the
grade crossing protective fund, the high capacity transportation
account, the highway bond retirement fund, the highway safety account,
the motor vehicle fund, the motorcycle safety education account, the
pilotage account, the public transportation systems account, the Puget
Sound capital construction account, the Puget Sound ferry operations
account, the recreational vehicle account, the rural arterial trust
account, the safety and education account, the special category C
account, the state patrol highway account, the transportation 2003
account (nickel account), the transportation equipment fund, the
transportation fund, the transportation improvement account, the
transportation improvement board bond retirement account, and the urban
arterial trust account.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
Sec. 39 RCW 43.84.092 and 2007 c 514 s 3, 2007 c 513 s 1, and
2007 c 356 s 9 are each reenacted and amended to read as follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for
payments to financial institutions. Payments shall occur prior to
distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
The following accounts and funds shall receive their proportionate
share of earnings based upon each account's and fund's average daily
balance for the period: The aeronautics account, the aircraft search
and rescue account, the capitol building construction account, the
Cedar River channel construction and operation account, the Central
Washington University capital projects account, the charitable,
educational, penal and reformatory institutions account, the Columbia
river basin water supply development account, the common school
construction fund, the county arterial preservation account, the county
criminal justice assistance account, the county sales and use tax
equalization account, the data processing building construction
account, the deferred compensation administrative account, the deferred
compensation principal account, the department of licensing services
account, the department of retirement systems expense account, the
developmental disabilities community trust account, the drinking water
assistance account, the drinking water assistance administrative
account, the drinking water assistance repayment account, the Eastern
Washington University capital projects account, the education
construction fund, the education legacy trust account, the election
account, the emergency reserve fund, the energy freedom account, the
essential rail assistance account, The Evergreen State College capital
projects account, the federal forest revolving account, the ferry bond
retirement fund, the freight congestion relief account, the freight
mobility investment account, the freight mobility multimodal account,
the grade crossing protective fund, the health services account, the
public health services account, the health system capacity account, the
personal health services account, the high capacity transportation
account, the state higher education construction account, the higher
education construction account, the highway bond retirement fund, the
highway infrastructure account, the highway safety account, the high-occupancy toll lanes operations account, the plumbing and HVAC/R
certificate fund, the industrial insurance premium refund account, the
judges' retirement account, the judicial retirement administrative
account, the judicial retirement principal account, the local leasehold
excise tax account, the local real estate excise tax account, the local
sales and use tax account, the medical aid account, the mobile home
park relocation fund, the motor vehicle fund, the motorcycle safety
education account, the multimodal transportation account, the municipal
criminal justice assistance account, the municipal sales and use tax
equalization account, the natural resources deposit account, the oyster
reserve land account, the pension funding stabilization account, the
perpetual surveillance and maintenance account, the pilotage account,
the public employees' retirement system plan 1 account, the public
employees' retirement system combined plan 2 and plan 3 account, the
public facilities construction loan revolving account beginning July 1,
2004, the public health supplemental account, the public transportation
systems account, the public works assistance account, the Puget Sound
capital construction account, the Puget Sound ferry operations account,
the Puyallup tribal settlement account, the real estate appraiser
commission account, the recreational vehicle account, the regional
mobility grant program account, the resource management cost account,
the rural arterial trust account, the rural Washington loan fund, the
safety and education account, the site closure account, the small city
pavement and sidewalk account, the special category C account, the
special wildlife account, the state employees' insurance account, the
state employees' insurance reserve account, the state investment board
expense account, the state investment board commingled trust fund
accounts, the state patrol highway account, the supplemental pension
account, the Tacoma Narrows toll bridge account, the teachers'
retirement system plan 1 account, the teachers' retirement system
combined plan 2 and plan 3 account, the tobacco prevention and control
account, the tobacco settlement account, the transportation 2003
account (nickel account), the transportation equipment fund, the
transportation fund, the transportation improvement account, the
transportation improvement board bond retirement account, the
transportation infrastructure account, the transportation partnership
account, the traumatic brain injury account, the tuition recovery trust
fund, the University of Washington bond retirement fund, the University
of Washington building account, the urban arterial trust account, the
volunteer firefighters' and reserve officers' relief and pension
principal fund, the volunteer firefighters' and reserve officers'
administrative fund, the Washington fruit express account, the
Washington judicial retirement system account, the Washington law
enforcement officers' and firefighters' system plan 1 retirement
account, the Washington law enforcement officers' and firefighters'
system plan 2 retirement account, the Washington public safety
employees' plan 2 retirement account, the Washington school employees'
retirement system combined plan 2 and 3 account, the Washington state
health insurance pool account, the Washington state patrol retirement
account, the Washington State University building account, the
Washington State University bond retirement fund, the water pollution
control revolving fund, and the Western Washington University capital
projects account. Earnings derived from investing balances of the
agricultural permanent fund, the normal school permanent fund, the
permanent common school fund, the scientific permanent fund, and the
state university permanent fund shall be allocated to their respective
beneficiary accounts. All earnings to be distributed under this
subsection (4)(a) shall first be reduced by the allocation to the state
treasurer's service fund pursuant to RCW 43.08.190.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
NEW SECTION. Sec. 40
NEW SECTION. Sec. 41 CAPTIONS. Captions used in this act are
not any part of the law.
NEW SECTION. Sec. 42
NEW SECTION. Sec. 43
NEW SECTION. Sec. 44 Section 38 of this act expires July 1,
2009.
NEW SECTION. Sec. 45 Section 39 of this act takes effect July 1,
2009.
NEW SECTION. Sec. 46 If specific funding for the purposes of
this act, referencing this act by bill or chapter number, is not
provided by June 30, 2008, in the omnibus appropriations act, this act
is null and void."
Correct the title.