BILL REQ. #: Z-1027.1
| State of Washington | 61st Legislature | 2010 Regular Session |
Read first time 01/15/10. Referred to Committee on Economic Development, Trade & Innovation.
AN ACT Relating to refocusing the mission of the department of commerce, including transferring programs; amending RCW 70.05.125, 43.270.020, 43.270.070, 43.270.080, 43.330.210, 43.330.240, 82.14.400, 43.63A.305, 43.63A.307, 43.63A.311, 43.63A.313, 9.94A.8673, 43.63A.720, 43.63A.735, 43.280.011, 43.280.020, 43.280.060, 43.280.070, 43.280.080, 43.280.090, 74.14B.060, 80.50.030, 43.190.030, 43.190.120, 19.27.070, 19.27.150, 19.27A.020, 19.27A.140, 19.27A.150, 19.27A.180, 43.21F.010, 43.21F.090, 36.27.100, 43.110.030, 43.110.060, 43.110.080, 43.15.020, 35.21.185, 35.102.040, and 36.70B.220; reenacting and amending RCW 70.125.030; adding new sections to chapter 43.70 RCW; adding new sections to chapter 43.20A RCW; adding a new section to chapter 43.21F RCW; creating new sections; recodifying RCW 43.330.195, 43.330.200, 43.330.205, 43.330.210, 43.330.220, 43.330.225, 43.330.230, 43.330.240, 43.63A.305, 43.63A.307, 43.63A.309, 43.63A.311, 43.63A.313, 43.63A.315, 43.63A.720, 43.63A.725, 43.63A.730, 43.63A.735, and 43.63A.740; decodifying RCW 43.280.081 and 43.63A.150; repealing RCW 43.21F.015, 43.21F.055, 43.110.010, 43.110.040, and 43.110.070; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 In 2009, the legislature changed the name of
the department of community, trade, and economic development to the
department of commerce and directed the agency to organize around a
concise core mission aligned with the state's economic development plan
and around jobs. In accordance with that legislation, chapter 262,
Laws of 2009, in November 2009 the department of commerce submitted a
plan that establishes a mission of growing and improving jobs in the
state. The plan also outlines agency priorities, efficiencies, and
program transfers that will help to advance the new mission.
The primary purpose of this act is to implement portions of the
department of commerce plan by transferring certain programs from the
department of commerce to other state agencies whose missions are more
closely aligned with the core functions of those programs. This act
also directs additional efficiencies in state government and directs
development of a statewide clean energy strategy, which will better
enable the department of commerce to focus on its new mission.
Sec. 101 RCW 70.05.125 and 2009 c 479 s 48 are each amended to
read as follows:
(1) The county public health account is created in the state
treasury. Funds deposited in the county public health account shall be
distributed by the state treasurer to each local public health
jurisdiction based upon amounts certified to it by the department of
((community, trade, and economic development)) health in consultation
with the Washington state association of counties. The account shall
include funds distributed under RCW 82.14.200(8) and such funds as are
appropriated to the account from the state general fund, the public
health services account under RCW 43.72.902, and such other funds as
the legislature may appropriate to it.
(2)(a) The ((director)) secretary of the department of ((community,
trade, and economic development)) health shall certify the amounts to
be distributed to each local public health jurisdiction using 1995 as
the base year of actual city contributions to local public health.
(b) Only if funds are available and in an amount no greater than
available funds under RCW 82.14.200(8), the department of community,
trade, and economic development shall adjust the amount certified under
(a) of this subsection to compensate for any annexation of an area with
fifty thousand residents or more to any city as a result of a petition
during calendar year 1996 or 1997, or for any city that became newly
incorporated as a result of an election during calendar year 1994 or
1995. The amount to be adjusted shall be equal to the amount which
otherwise would have been lost to the health jurisdiction due to the
annexation or incorporation as calculated using the jurisdiction's 1995
funding formula.
(c) The county treasurer shall certify the actual 1995 city
contribution to the department. Funds in excess of the base shall be
distributed proportionately among the health jurisdictions based on
incorporated population figures as last determined by the office of
financial management.
(3) Moneys distributed under this section shall be expended
exclusively for local public health purposes.
NEW SECTION. Sec. 102 (1) All powers, duties, and functions of
the department of commerce pertaining to county public health
assistance are transferred to the department of health. All references
to the director or the department of commerce in the Revised Code of
Washington shall be construed to mean the secretary or the department
of health when referring to the functions transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the department of
commerce pertaining to the powers, functions, and duties transferred
shall be delivered to the custody of the department of health. All
cabinets, furniture, office equipment, motor vehicles, and other
tangible property employed by the department of commerce in carrying
out the powers, functions, and duties transferred shall be made
available to the department of health. All funds, credits, or other
assets held in connection with the powers, functions, and duties
transferred shall be assigned to the department of health.
(b) Any appropriations made to the department of commerce for
carrying out the powers, functions, and duties transferred shall, on
the effective date of this section, be transferred and credited to the
department of health.
(c) Whenever any question arises as to the transfer of any
personnel, funds, books, documents, records, papers, files, equipment,
or other tangible property used or held in the exercise of the powers
and the performance of the duties and functions transferred, the
director of financial management shall make a determination as to the
proper allocation and certify the same to the state agencies concerned.
(3) All employees of the department of commerce engaged in
performing the powers, functions, and duties transferred are
transferred to the jurisdiction of the department of health. All
employees classified under chapter 41.06 RCW, the state civil service
law, are assigned to the department of health to perform their usual
duties upon the same terms as formerly, without any loss of rights,
subject to any action that may be appropriate thereafter in accordance
with the laws and rules governing state civil service.
(4) All rules and all pending business before the department of
commerce pertaining to the powers, functions, and duties transferred
shall be continued and acted upon by the department of health. All
existing contracts and obligations shall remain in full force and shall
be performed by the department of health.
(5) The transfer of the powers, duties, functions, and personnel of
the department of commerce shall not affect the validity of any act
performed before the effective date of this section.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(7) All classified employees of the department of commerce assigned
to the department of health under this section whose positions are
within an existing bargaining unit description at the department of
health shall become a part of the existing bargaining unit at the
department of health and shall be considered an appropriate inclusion
or modification of the existing bargaining unit under the provisions of
chapter 41.80 RCW.
Sec. 201 RCW 43.270.020 and 2001 c 48 s 2 are each amended to
read as follows:
(1) There is established in the department of ((community, trade,
and economic development)) social and health services a grant program
to provide incentive for and support for communities to develop
targeted and coordinated strategies to reduce the incidence and impact
of alcohol, tobacco, or other drug abuse, or violence. This program is
known as the community mobilization program.
(2) The department ((of community, trade, and economic
development)) shall make awards, subject to funds appropriated by the
legislature, under the following terms:
(a) Starting July 1, 2001, funds will be available to countywide
programs through a formula developed by the department ((of community,
trade, and economic development)) in consultation with program
contractors, which will take into consideration county population size.
(b) In order to be eligible for consideration, applicants must
demonstrate, at a minimum:
(i) That the community has developed and is committed to carrying
out a coordinated strategy of prevention, treatment, and law
enforcement activities;
(ii) That the community has considered research-based theory when
developing its strategy;
(iii) That proposals submitted for funding are based on a local
assessment of need and address specific objectives contained in a
coordinated strategy of prevention, treatment, and law enforcement
against alcohol, tobacco, or other drug abuse, or violence;
(iv) Evidence of active participation in preparation of the
proposal and specific commitments to implementing the community-wide
agenda by leadership from education, law enforcement, local government,
tribal government, and treatment entities in the community, and the
opportunity for meaningful involvement from others such as neighborhood
and citizen groups, businesses, human service, health and job training
organizations, and other key elements of the community, particularly
those whose responsibilities in law enforcement, treatment, prevention,
education, or other community efforts provide direct, ongoing contact
with substance abusers or those who exhibit violent behavior, or those
at risk for alcohol, tobacco, or other drug abuse, or violent behavior;
(v) Evidence of additional local resources committed to the
applicant's strategy totaling at least twenty-five percent of funds
awarded under this section. These resources may consist of public or
private funds, donated goods or services, and other measurable
commitments, including in-kind contributions such as volunteer
services, materials, supplies, physical facilities, or a combination
thereof; and
(vi) That the funds applied for, if received, will not be used to
replace funding for existing activities.
(c) At a minimum, grant applications must include the following:
(i) A definition of geographic area;
(ii) A needs assessment describing the extent and impact of
alcohol, tobacco, or other drug abuse, and violence in the community,
including an explanation of those who are most severely impacted and
those most at risk of substance abuse or violent behavior;
(iii) An explanation of the community-wide strategy for prevention,
treatment, and law enforcement activities related to alcohol, tobacco,
or other drug abuse, or violence, with particular attention to those
who are most severely impacted and/or those most at risk of alcohol,
tobacco, or other drug abuse, or violent behavior;
(iv) An explanation of who was involved in development of the
strategy and what specific commitments have been made to carry it out;
(v) Identification of existing prevention, education, treatment,
and law enforcement resources committed by the applicant, including
financial and other support, and an explanation of how the applicant's
strategy involves and builds on the efforts of existing organizations
or coalitions that have been carrying out community efforts against
alcohol, tobacco, or other drug abuse, or violence;
(vi) Identification of activities that address specific objectives
in the strategy for which additional resources are needed;
(vii) Identification of additional local resources, including
public or private funds, donated goods or services, and other
measurable commitments, that have been committed to the activities
identified in (c)(vi) of this subsection;
(viii) Identification of activities that address specific
objectives in the strategy for which funding is requested;
(ix) For each activity for which funding is requested, an
explanation in sufficient detail to demonstrate:
(A) Feasibility through deliberative design, specific objectives,
and a realistic plan for implementation;
(B) A rationale for how this activity will achieve measurable
results and how it will be evaluated;
(C) That funds requested are necessary and appropriate to
effectively carry out the activity; and
(x) Identification of a contracting agent meeting state
requirements for each activity proposed for funding.
Each contracting agent must execute a written agreement with its
local community mobilization advisory board that reflects the duties
and powers of each party.
(3) Activities that may be funded through this grant program
include those that:
(a) Prevent alcohol, tobacco, or other drug abuse, or violence
through educational efforts, development of positive alternatives,
intervention with high-risk groups, and other prevention strategies;
(b) Support effective treatment by increasing access to and
availability of treatment opportunities, particularly for underserved
or highly impacted populations, developing aftercare and support
mechanisms, and other strategies to increase the availability and
effectiveness of treatment;
(c) Provide meaningful consequences for participation in illegal
activity and promote safe and healthy communities through support of
law enforcement strategies;
(d) Create or build on efforts by existing community programs,
coordinate their efforts, and develop cooperative efforts or other
initiatives to make most effective use of resources to carry out the
community's strategy against alcohol, tobacco, or other drug abuse, or
violence; and
(e) Other activities that demonstrate both feasibility and a
rationale for how the activity will achieve measurable results in the
strategy against alcohol, tobacco, or other drug abuse, or violence.
Sec. 202 RCW 43.270.070 and 2001 c 48 s 3 are each amended to
read as follows:
The department of ((community, trade, and economic development))
social and health services shall ask communities for suggestions on
state practices, policies, and priorities that would help communities
implement their strategies against alcohol, tobacco, or other drug
abuse, or violence. The department of ((community, trade, and economic
development)) social and health services shall review and respond to
those suggestions making necessary changes where feasible, making
recommendations to the legislature where appropriate, and providing an
explanation as to why suggested changes cannot be accomplished, if the
suggestions cannot be acted upon.
Sec. 203 RCW 43.270.080 and 2001 c 48 s 4 are each amended to
read as follows:
The department of ((community, trade, and economic development))
social and health services may receive such gifts, grants, and
endowments from public or private sources as may be made from time to
time, in trust or otherwise, for the use and benefit of the purposes of
RCW 43.270.010 through 43.270.080 and expend the same or any income
therefrom according to the terms of the gifts, grants, or endowments.
NEW SECTION. Sec. 204 (1) All powers, duties, and functions of
the department of commerce pertaining to the community mobilization
against substance abuse program are transferred to the department of
social and health services. All references to the director or the
department of commerce in the Revised Code of Washington shall be
construed to mean the secretary or the department of social and health
services when referring to the functions transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the department of
commerce pertaining to the powers, functions, and duties transferred
shall be delivered to the custody of the department of social and
health services. All cabinets, furniture, office equipment, motor
vehicles, and other tangible property employed by the department of
commerce in carrying out the powers, functions, and duties transferred
shall be made available to the department of social and health
services. All funds, credits, or other assets held in connection with
the powers, functions, and duties transferred shall be assigned to the
department of social and health services.
(b) Any appropriations made to the department of commerce for
carrying out the powers, functions, and duties transferred shall, on
the effective date of this section, be transferred and credited to the
department of social and health services.
(c) Whenever any question arises as to the transfer of any
personnel, funds, books, documents, records, papers, files, equipment,
or other tangible property used or held in the exercise of the powers
and the performance of the duties and functions transferred, the
director of financial management shall make a determination as to the
proper allocation and certify the same to the state agencies concerned.
(3) All employees of the department of commerce engaged in
performing the powers, functions, and duties transferred are
transferred to the jurisdiction of the department of social and health
services. All employees classified under chapter 41.06 RCW, the state
civil service law, are assigned to the department of social and health
services to perform their usual duties upon the same terms as formerly,
without any loss of rights, subject to any action that may be
appropriate thereafter in accordance with the laws and rules governing
state civil service.
(4) All rules and all pending business before the department of
commerce pertaining to the powers, functions, and duties transferred
shall be continued and acted upon by the department of social and
health services. All existing contracts and obligations shall remain
in full force and shall be performed by the department of social and
health services.
(5) The transfer of the powers, duties, functions, and personnel of
the department of commerce shall not affect the validity of any act
performed before the effective date of this section.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(7) All classified employees of the department of commerce assigned
to the department of social and health services under this section
whose positions are within an existing bargaining unit description at
the department of social and health services shall become a part of the
existing bargaining unit at the department of social and health
services and shall be considered an appropriate inclusion or
modification of the existing bargaining unit under the provisions of
chapter 41.80 RCW.
Sec. 301 RCW 43.330.210 and 2009 c 565 s 11 are each amended to
read as follows:
The developmental disabilities endowment governing board is
established to design and administer the developmental disabilities
endowment. To the extent funds are appropriated for this purpose, the
director of the department ((of commerce)) shall provide staff and
administrative support to the governing board.
(1) The governing board shall consist of seven members as follows:
(a) Three of the members, who shall be appointed by the governor,
shall be persons who have demonstrated expertise and leadership in
areas such as finance, actuarial science, management, business, or
public policy.
(b) Three members of the board, who shall be appointed by the
governor, shall be persons who have demonstrated expertise and
leadership in areas such as business, developmental disabilities
service design, management, or public policy, and shall be family
members of persons with developmental disabilities.
(c) The seventh member of the board, who shall serve as chair of
the board, shall be appointed by the remaining six members of the
board.
(2) Members of the board shall serve terms of four years and may be
appointed for successive terms of four years at the discretion of the
appointing authority. However, the governor may stagger the terms of
the initial six members of the board so that approximately one-fourth
of the members' terms expire each year.
(3) Members of the board shall be compensated for their service
under RCW 43.03.240 and shall be reimbursed for travel expenses as
provided in RCW 43.03.050 and 43.03.060.
(4) The board shall meet periodically as specified by the call of
the chair, or a majority of the board.
(5) Members of the governing board and the state investment board
shall not be considered an insurer of the funds or assets of the
endowment trust fund or the individual trust accounts. Neither of
these two boards or their members shall be liable for the action or
inaction of the other.
(6) Members of the governing board and the state investment board
are not liable to the state, to the fund, or to any other person as a
result of their activities as members, whether ministerial or
discretionary, except for willful dishonesty or intentional violations
of law. The department and the state investment board, respectively,
may purchase liability insurance for members.
Sec. 302 RCW 43.330.240 and 2009 c 565 s 12 are each amended to
read as follows:
The department ((of commerce)) shall adopt rules for the
implementation of policies established by the governing board in RCW
43.330.200 through 43.330.230 (as recodified by this act). Such rules
will be consistent with those statutes and chapter 34.05 RCW.
NEW SECTION. Sec. 303 The following sections are each recodified
as sections in chapter 43.70 RCW:
RCW 43.330.195
RCW 43.330.200
RCW 43.330.205
RCW 43.330.210
RCW 43.330.220
RCW 43.330.225
RCW 43.330.230
RCW 43.330.240
NEW SECTION. Sec. 304 (1) All powers, duties, and functions of
the department of commerce pertaining to the developmental disabilities
endowment are transferred to the department of health. All references
to the director or the department of commerce in the Revised Code of
Washington shall be construed to mean the secretary or the department
of health when referring to the functions transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the department of
commerce pertaining to the powers, functions, and duties transferred
shall be delivered to the custody of the department of health. All
cabinets, furniture, office equipment, motor vehicles, and other
tangible property employed by the department of commerce in carrying
out the powers, functions, and duties transferred shall be made
available to the department of health. All funds, credits, or other
assets held in connection with the powers, functions, and duties
transferred shall be assigned to the department of health.
(b) Any appropriations made to the department of commerce for
carrying out the powers, functions, and duties transferred shall, on
the effective date of this section, be transferred and credited to the
department of health.
(c) Whenever any question arises as to the transfer of any
personnel, funds, books, documents, records, papers, files, equipment,
or other tangible property used or held in the exercise of the powers
and the performance of the duties and functions transferred, the
director of financial management shall make a determination as to the
proper allocation and certify the same to the state agencies concerned.
(3) All employees of the department of commerce engaged in
performing the powers, functions, and duties transferred are
transferred to the jurisdiction of the department of health. All
employees classified under chapter 41.06 RCW, the state civil service
law, are assigned to the department of health to perform their usual
duties upon the same terms as formerly, without any loss of rights,
subject to any action that may be appropriate thereafter in accordance
with the laws and rules governing state civil service.
(4) All rules and all pending business before the department of
commerce pertaining to the powers, functions, and duties transferred
shall be continued and acted upon by the department of health. All
existing contracts and obligations shall remain in full force and shall
be performed by the department of health.
(5) The transfer of the powers, duties, functions, and personnel of
the department of commerce shall not affect the validity of any act
performed before the effective date of this section.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(7) All classified employees of the department of commerce assigned
to the department of health under this section whose positions are
within an existing bargaining unit description at the department of
health shall become a part of the existing bargaining unit at the
department of health and shall be considered an appropriate inclusion
or modification of the existing bargaining unit under the provisions of
chapter 41.80 RCW.
Sec. 401 RCW 82.14.400 and 2000 c 240 s 1 are each amended to
read as follows:
(1) Upon the joint request of a metropolitan park district, a city
with a population of more than one hundred fifty thousand, and a county
legislative authority in a county with a national park and a population
of more than five hundred thousand and less than one million five
hundred thousand, the county shall submit an authorizing proposition to
the county voters, fixing and imposing a sales and use tax in
accordance with this chapter for the purposes designated in subsection
(4) of this section and identified in the joint request. Such
proposition must be placed on a ballot for a special or general
election to be held no later than one year after the date of the joint
request.
(2) The proposition is approved if it receives the votes of a
majority of those voting on the proposition.
(3) The tax authorized in this section is in addition to any other
taxes authorized by law and shall be collected from those persons who
are taxable by the state under chapters 82.08 and 82.12 RCW upon the
occurrence of any taxable event within the county. The rate of tax
shall equal no more than one-tenth of one percent of the selling price
in the case of a sales tax, or value of the article used, in the case
of a use tax.
(4) Moneys received from any tax imposed under this section shall
be used solely for the purpose of providing funds for:
(a) Costs associated with financing, design, acquisition,
construction, equipping, operating, maintaining, remodeling, repairing,
reequipping, or improvement of zoo, aquarium, and wildlife preservation
and display facilities that are currently accredited by the American
zoo and aquarium association; or
(b) Those costs associated with (a) of this subsection and costs
related to parks located within a county described in subsection (1) of
this section.
(5) The department of revenue shall perform the collection of such
taxes on behalf of the county at no cost to the county. In lieu of the
charge for the administration and collection of local sales and use
taxes under RCW 82.14.050 from which the county is exempt under this
subsection (5), a percentage of the tax revenues authorized by this
section equal to one-half of the maximum percentage provided in RCW
82.14.050 shall be transferred annually to the department of
((community, trade, and economic development, or its successor
agency,)) social and health services from the funds allocated under
subsection (6)(b) of this section for a period of twelve years from the
first date of distribution of funds under subsection (6)(b) of this
section. The department of ((community, trade, and economic
development, or its successor agency,)) social and health services
shall use funds transferred to it pursuant to this subsection (5) to
provide, operate, and maintain community-based housing ((under chapter
43.185 RCW)) for persons who are mentally ill.
(6) If the joint request and the authorizing proposition include
provisions for funding those costs included within subsection (4)(b) of
this section, the tax revenues authorized by this section shall be
allocated annually as follows:
(a) Fifty percent to the zoo and aquarium advisory authority; and
(b) Fifty percent to be distributed on a per capita basis as set
out in the most recent population figures for unincorporated and
incorporated areas only within that county, as determined by the office
of financial management, solely for parks, as follows: To any
metropolitan park district, to cities and towns not contained within a
metropolitan park district, and the remainder to the county. Moneys
received under this subsection (6)(b) by a county may not be used to
replace or supplant existing per capita funding.
(7) Funds shall be distributed annually by the county treasurer to
the county, and cities and towns located within the county, in the
manner set out in subsection (6)(b) of this section.
(8) Prior to expenditure of any funds received by the county under
subsection (6)(b) of this section, the county shall establish a process
which considers needs throughout the unincorporated areas of the county
in consultation with community advisory councils established by
ordinance.
(9) By December 31, 2005, and thereafter, the county or any city
with a population greater than eighty thousand must provide at least
one dollar match for every two dollars received under this section.
(10) Properties subject to a memorandum of agreement between the
federal bureau of land management, the advisory council on historic
preservation, and the Washington state historic preservation officer
have priority for funding from money received under subsection (6)(b)
of this section for implementation of the stipulations in the
memorandum of agreement.
(a) At least one hundred thousand dollars of the first four years
of allocations under subsection (6)(b) of this section, to be matched
by the county or city with one dollar for every two dollars received,
shall be used to implement the stipulations of the memorandum of
agreement and for other historical, archaeological, architectural, and
cultural preservation and improvements related to the properties.
(b) The amount in (a) of this subsection shall come equally from
the allocations to the county and to the city in which the properties
are located, unless otherwise agreed to by the county and the city.
(c) The amount in (a) of this subsection shall not be construed to
displace or be offered in lieu of any lease payment from a county or
city to the state for the properties in question.
NEW SECTION. Sec. 402 (1) Powers, duties, and functions of the
department of commerce pertaining to housing assistance for persons
with mental illness, that are transferred in this act, are transferred
to the department of social and health services. All references to the
director or the department of commerce in the Revised Code of
Washington shall be construed to mean the secretary or the department
of social and health services when referring to the functions
transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the department of
commerce pertaining to the powers, functions, and duties transferred
shall be delivered to the custody of the department of social and
health services. All cabinets, furniture, office equipment, motor
vehicles, and other tangible property employed by the department of
commerce in carrying out the powers, functions, and duties transferred
shall be made available to the department of social and health
services. All funds, credits, or other assets held in connection with
the powers, functions, and duties transferred shall be assigned to the
department of social and health services.
(b) Any appropriations made to the department of commerce for
carrying out the powers, functions, and duties transferred shall, on
the effective date of this section, be transferred and credited to the
department of social and health services.
(c) Whenever any question arises as to the transfer of any
personnel, funds, books, documents, records, papers, files, equipment,
or other tangible property used or held in the exercise of the powers
and the performance of the duties and functions transferred, the
director of financial management shall make a determination as to the
proper allocation and certify the same to the state agencies concerned.
(3) All employees of the department of commerce engaged in
performing the powers, functions, and duties transferred are
transferred to the jurisdiction of the department of social and health
services. All employees classified under chapter 41.06 RCW, the state
civil service law, are assigned to the department of social and health
services to perform their usual duties upon the same terms as formerly,
without any loss of rights, subject to any action that may be
appropriate thereafter in accordance with the laws and rules governing
state civil service.
(4) All rules and all pending business before the department of
commerce pertaining to the powers, functions, and duties transferred
shall be continued and acted upon by the department of social and
health services. All existing contracts and obligations shall remain
in full force and shall be performed by the department of social and
health services.
(5) The transfer of the powers, duties, functions, and personnel of
the department of commerce shall not affect the validity of any act
performed before the effective date of this section.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(7) All classified employees of the department of commerce assigned
to the department of social and health services under this section
whose positions are within an existing bargaining unit description at
the department of social and health services shall become a part of the
existing bargaining unit at the department of social and health
services and shall be considered an appropriate inclusion or
modification of the existing bargaining unit under the provisions of
chapter 41.80 RCW.
Sec. 403 RCW 43.63A.305 and 2009 c 148 s 1 are each amended to
read as follows:
(1) The independent youth housing program is created in the
department to provide housing stipends to eligible youth to be used for
independent housing. In developing a plan for the design,
implementation, and operation of the independent youth housing program,
the department shall:
(a) Adopt policies, requirements, and procedures necessary to
administer the program;
(b) Contract with one or more eligible organizations ((described))
listed under RCW 43.185A.040 to provide services and conduct
administrative activities as described in subsection (3) of this
section;
(c) Establish eligibility criteria for youth to participate in the
independent youth housing program, giving priority to youth who have
been dependents of the state for at least one year;
(d) Refer interested youth to the designated subcontractor
organization administering the program in the area in which the youth
intends to reside;
(e) Develop a method for determining the amount of the housing
stipend, first and last month's rent, and security deposit, where
applicable, to be dedicated to participating youth. The method for
determining a housing stipend must take into account a youth's age, the
youth's total income from all sources, the fair market rent for the
area in which the youth lives or intends to live, and a variety of
possible living situations for the youth. The amount of housing
stipends must be adjusted, by a method and formula established by the
department, to promote the successful transition for youth to complete
housing self-sufficiency over time;
(f) Ensure that the independent youth housing program is integrated
and aligned with other state rental assistance and case management
programs operated by the department of commerce, as well as case
management and supportive services programs, including the independent
living program, the transitional living program, and other related
programs offered by the department ((of social and health services));
and
(g) Consult with ((the department of social and health services and
other)) stakeholders involved with dependent youth, homeless youth, and
homeless young adults, as appropriate.
(2) The department ((of social and health services)) shall
collaborate with the department of commerce in implementing and
operating the independent youth housing program including, but not
limited to, the following:
(a) Refer potential eligible youth to the department before the
youth's eighteenth birthday, if feasible, to include an indication, if
known, of where the youth plans to reside after aging out of foster
care;
(b) Provide information to all youth aged fifteen or older, who are
dependents of the state under chapter 13.34 RCW, about the independent
youth housing program, encouraging dependents nearing their eighteenth
birthday to consider applying for enrollment in the program;
(c) Encourage organizations participating in the independent living
program and the transitional living program to collaborate with
independent youth housing program providers whenever possible to
capitalize on resources and provide the greatest amount and variety of
services to eligible youth;
(d) Annually provide to the department of commerce data reflecting
changes in the percentage of youth aging out of the state dependency
system each year who are eligible for state assistance, as well as any
other data and performance measures that may assist the department of
commerce to measure program success; and
(e) Annually, beginning by December 31, 2007, provide to the
appropriate committees of the legislature and the interagency council
on homelessness as described under RCW 43.185C.170 recommendations of
strategies to reach the goals described in RCW 43.63A.311(2)(g) (as
recodified by this act).
(3) Under the independent youth housing program, subcontractor
organizations shall:
(a) Use moneys awarded to the organizations for housing stipends,
security deposits, first and last month's rent stipends, case
management program costs, and administrative costs. When subcontractor
organizations determine that it is necessary to assist participating
youth in accessing and maintaining independent housing, subcontractor
organizations may also use moneys awarded to pay for professional
mental health services and tuition costs for court-ordered classes and
programs;
(i) Administrative costs for each subcontractor organization may
not exceed twelve percent of the estimated total annual grant amount to
the subcontractor organization;
(ii) All housing stipends, security deposits, and first and last
month's rent stipends must be payable only to a landlord or housing
manager of any type of independent housing;
(b) Enroll eligible youth who are referred by the department and
who choose to reside in their assigned service area;
(c) Enter eligible youth program participants into the homeless
client management information system as described in RCW 43.185C.180;
(d) Monitor participating youth's housing status;
(e) Evaluate participating youth's eligibility and compliance with
department policies and procedures at least twice a year;
(f) Assist participating youth to develop or update an independent
living plan focused on obtaining and retaining independent housing or
collaborate with a case manager with whom the youth is already involved
to ensure that the youth has an independent living plan;
(g) Educate participating youth on tenant rights and
responsibilities;
(h) Provide support to participating youth in the form of general
case management and information and referral services, when necessary,
or collaborate with a case manager with whom the youth is already
involved to ensure that the youth is receiving the case management and
information and referral services needed;
(i) Connect participating youth, when possible, with individual
development account programs, other financial literacy programs, and
other programs that are designed to help young people acquire economic
independence and self-sufficiency, or collaborate with a case manager
with whom the youth is already involved to ensure that the youth is
receiving information and referrals to these programs, when
appropriate;
(j) Submit expenditure and performance reports, including
information related to the performance measures in RCW 43.63A.311 (as
recodified by this act), to the department on a time schedule
determined by the department; and
(k) Provide recommendations to the department regarding program
improvements and strategies that might assist the state to reach its
goals as described in RCW 43.63A.311(2)(g) (as recodified by this act).
Sec. 404 RCW 43.63A.307 and 2009 c 148 s 2 are each amended to
read as follows:
The definitions in this section apply throughout ((this chapter))
RCW 43.63A.305 through 43.63A.315 (as recodified by this act) unless
the context clearly requires otherwise.
(1) (("Department" means the department of community, trade, and
economic development.)) "Eligible youth" means an individual who:
(2)
(a) On or after September 1, 2006, is at least eighteen, was a
dependent of the state under chapter 13.34 RCW at any time during the
four-month period before his or her eighteenth birthday, and has not
yet reached the age of twenty-three;
(b) Except as provided in RCW 43.63A.309(2)(a) (as recodified by
this act), has a total income from all sources, except for temporary
sources that include, but are not limited to, overtime wages, bonuses,
or short-term temporary assignments, that does not exceed fifty percent
of the area median income;
(c) Is not receiving services under RCW 74.13.031(10)(b);
(d) Complies with other eligibility requirements the department may
establish.
(((3))) (2) "Fair market rent" means the fair market rent in each
county of the state, as determined by the United States department of
housing and urban development.
(((4))) (3) "Independent housing" means a housing unit that is not
owned by or located within the home of the eligible youth's biological
parents or any of the eligible youth's former foster care families or
dependency guardians. "Independent housing" may include a unit in a
transitional or other supportive housing facility.
(((5))) (4) "Individual development account" or "account" means an
account established by contract between a low-income individual and a
sponsoring organization for the benefit of the low-income individual
and funded through periodic contributions by the low-income individual
that are matched with contributions by or through the sponsoring
organization.
(((6))) (5) "Subcontractor organization" means an eligible
organization described under RCW 43.185A.040 that contracts with the
department to administer the independent youth housing program.
Sec. 405 RCW 43.63A.311 and 2007 c 316 s 5 are each amended to
read as follows:
Beginning in 2007, the department must annually review and report
on the performance of subcontractor organizations participating in the
independent youth housing program, as well as the performance of the
program as a whole.
(1) Reporting should be within the context of the state homeless
housing strategic plan under RCW 43.185C.040 and any other relevant
state or local homeless or affordable housing plans. The outcomes of
the independent youth housing program must be included in the
measurement of any performance measures described in chapter 43.185C
RCW.
(2) The independent youth housing program report must include, at
a minimum, an update on the following program performance measures, as
well as any other performance measures the department may establish,
for enrolled youth ((in consultation with the department of social and
health services)), to be measured statewide and by county:
(a) Increases in housing stability;
(b) Increases in economic self-sufficiency;
(c) Increases in independent living skills;
(d) Increases in education and job training attainment;
(e) Decreases in the use of all state-funded services over time;
(f) Decreases in the percentage of youth aging out of the state
dependency system each year who are eligible for state assistance ((as
reported to the department by the department of social and health
services)); and
(g) Recommendations to the legislature and to the interagency
council on homelessness as described under RCW 43.185C.170 on program
improvements and on departmental strategies that might assist the state
to reach its goals of:
(i) Ensuring that all youth aging out of the state dependency
system have access to a decent, appropriate, and affordable home in a
healthy safe environment to prevent such youth from experiencing
homelessness; and
(ii) Reducing each year the percentage of young people eligible for
state assistance upon aging out of the state dependency system.
Sec. 406 RCW 43.63A.313 and 2007 c 316 s 6 are each amended to
read as follows:
Chapter 316, Laws of 2007 does not create:
(1) An entitlement to services;
(2) Judicial authority to (a) extend the jurisdiction of juvenile
court in a proceeding under chapter 13.34 RCW to a youth who has
reached the age of eighteen or (b) order the provision of services to
the youth; or
(3) A private right of action or claim on the part of any
individual, entity, or agency against the department((, the department
of social and health services,)) or any contractor of the
department((s)).
NEW SECTION. Sec. 407 The following sections are each recodified
as sections in chapter 43.20A RCW:
RCW 43.63A.305
RCW 43.63A.307
RCW 43.63A.309
RCW 43.63A.311
RCW 43.63A.313
RCW 43.63A.315
NEW SECTION. Sec. 408 (1) All powers, duties, and functions of
the department of commerce pertaining to the independent youth housing
program are transferred to the department of social and health
services. All references to the director or the department of commerce
in the Revised Code of Washington shall be construed to mean the
secretary or the department of social and health services when
referring to the functions transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the department of
commerce pertaining to the powers, functions, and duties transferred
shall be delivered to the custody of the department of social and
health services. All cabinets, furniture, office equipment, motor
vehicles, and other tangible property employed by the department of
commerce in carrying out the powers, functions, and duties transferred
shall be made available to the department of social and health
services. All funds, credits, or other assets held in connection with
the powers, functions, and duties transferred shall be assigned to the
department of social and health services.
(b) Any appropriations made to the department of commerce for
carrying out the powers, functions, and duties transferred shall, on
the effective date of this section, be transferred and credited to the
department of social and health services.
(c) Whenever any question arises as to the transfer of any
personnel, funds, books, documents, records, papers, files, equipment,
or other tangible property used or held in the exercise of the powers
and the performance of the duties and functions transferred, the
director of financial management shall make a determination as to the
proper allocation and certify the same to the state agencies concerned.
(3) All employees of the department of commerce engaged in
performing the powers, functions, and duties transferred are
transferred to the jurisdiction of the department of social and health
services. All employees classified under chapter 41.06 RCW, the state
civil service law, are assigned to the department of social and health
services to perform their usual duties upon the same terms as formerly,
without any loss of rights, subject to any action that may be
appropriate thereafter in accordance with the laws and rules governing
state civil service.
(4) All rules and all pending business before the department of
commerce pertaining to the powers, functions, and duties transferred
shall be continued and acted upon by the department of social and
health services. All existing contracts and obligations shall remain
in full force and shall be performed by the department of social and
health services.
(5) The transfer of the powers, duties, functions, and personnel of
the department of commerce shall not affect the validity of any act
performed before the effective date of this section.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(7) All classified employees of the department of commerce assigned
to the department of social and health services under this section
whose positions are within an existing bargaining unit description at
the department of social and health services shall become a part of the
existing bargaining unit at the department of social and health
services and shall be considered an appropriate inclusion or
modification of the existing bargaining unit under the provisions of
chapter 41.80 RCW.
Sec. 501 RCW 9.94A.8673 and 2008 c 249 s 3 are each amended to
read as follows:
(1) The sex offender policy board shall consist of thirteen voting
members. Unless the member is specifically named in this section, the
following organizations shall designate a person to sit on the board.
(a) The Washington association of sheriffs and police chiefs;
(b) The Washington association of prosecuting attorneys;
(c) The Washington association of criminal defense lawyers;
(d) The chair of the indeterminate sentence review board or his or
her designee;
(e) The Washington association for the treatment of sex abusers;
(f) The secretary of the department of corrections or his or her
designee;
(g) The Washington state superior court judge's association;
(h) The assistant secretary of the juvenile rehabilitation
administration or his or her designee;
(i) The office of crime victims advocacy in the department of
((community, trade, and economic development)) social and health
services;
(j) The Washington state association of counties;
(k) The association of Washington cities;
(l) The Washington association of sexual assault programs; and
(m) The director of the special commitment center or his or her
designee.
(2) The person so named in subsection (1) of this section has the
authority to make decisions on behalf of the organization he or she
represents.
(3) The nonvoting membership shall consist of the following:
(a) Two members of the sentencing guidelines commission chosen by
the chair of the commission; and
(b) A representative of the criminal justice division in the
attorney general's office.
(4) The board shall choose its chair by majority vote from among
its voting membership. The chair's term shall be two years.
(5) The chair of the sentencing guidelines commission shall convene
the first meeting.
(6) The Washington institute for public policy shall act as an
advisor to the board.
Sec. 502 RCW 43.63A.720 and 1995 c 353 s 7 are each amended to
read as follows:
There is established in the department ((of community, trade, and
economic development)) a grant program to enhance funding for
prostitution prevention and intervention services. Activities that can
be funded through this grant program shall provide effective
prostitution prevention and intervention services, such as counseling,
parenting, housing relief, education, and vocational training, that:
(1) Comprehensively address the problems of persons who are
prostitutes; and
(2) Enhance the ability of persons to leave or avoid prostitution.
Sec. 503 RCW 43.63A.735 and 1995 c 353 s 10 are each amended to
read as follows:
(1) Subject to funds appropriated by the legislature, including
funds in the prostitution prevention and intervention account, the
department ((of community, trade, and economic development)) shall make
awards under the grant program established by RCW 43.63A.720 (as
recodified by this act).
(2) Awards shall be made competitively based on the purposes of and
criteria in RCW 43.63A.720 through 43.63A.730 (as recodified by this
act).
(3) Activities funded under this section may be considered for
funding in future years, but shall be considered under the same terms
and criteria as new activities. Funding of a program or activity under
this chapter shall not constitute an obligation by the state of
Washington to provide ongoing funding.
(4) The department ((of community, trade, and economic
development)) may receive such gifts, grants, and endowments from
public or private sources as may be made from time to time, in trust or
otherwise, for the use and benefit of the purposes of the grant program
established under RCW 43.63A.720 (as recodified by this act) and expend
the same or any income from these sources according to the terms of the
gifts, grants, or endowments.
(5) The department ((of community, trade, and economic
development)) may expend up to five percent of the funds appropriated
for the grant program for administrative costs and grant supervision.
Sec. 504 RCW 43.280.011 and 1996 c 123 s 1 are each amended to
read as follows:
The Washington state sexual assault services advisory committee
issued a report to the department of community, trade, and economic
development and the department of social and health services in June of
1995. The committee made several recommendations to improve the
delivery of services to victims of sexual abuse and assault: (1)
Consolidate the administration and funding of sexual assault and abuse
services in one agency instead of splitting those functions between the
department of social and health services and the department of
community, trade, and economic development; (2) adopt a funding
allocation plan to pool all funds for sexual assault services and to
distribute them across the state to ensure the delivery of core and
specialized services; (3) establish service, data collection, and
management standards and outcome measurements for recipients of grants;
and (4) create a data collection system to gather pertinent data
concerning the delivery of sexual assault services to victims.
The legislature approves the recommendations of the advisory
committee and consolidates the functions and funding for sexual assault
services in the department of ((community, trade, and economic
development)) social and health services to implement the advisory
committee's recommendations.
((The legislature does not intend to effect a reduction in service
levels within available funding by transferring department of social
and health services' powers and duties to the department of community,
trade, and economic development.)) At a minimum, the department of
((community, trade, and economic development)) social and health
services shall distribute the same percentage of the services it
provides victims of sexual assault and abuse, pursuant to RCW
43.280.020, 70.125.080, and 74.14B.060, to children as were distributed
to children through these programs in fiscal year 1996.
Sec. 505 RCW 43.280.020 and 1996 c 123 s 3 are each amended to
read as follows:
There is established in the department of ((community, trade, and
economic development)) social and health services a grant program to
enhance the funding for treating the victims of sex offenders.
Activities that can be funded through this grant program are limited to
those that:
(1) Provide effective treatment to victims of sex offenders;
(2) Increase access to and availability of treatment for victims of
sex offenders, particularly if from underserved populations; and
(3) Create or build on efforts by existing community programs,
coordinate those efforts, or develop cooperative efforts or other
initiatives to make the most effective use of resources to provide
treatment services to these victims.
Funding shall be given to those applicants that emphasize providing
stable, victim-focused sexual abuse services and possess the
qualifications to provide core services, as defined in RCW 70.125.030.
Funds for specialized services, as defined in RCW 70.125.030, shall be
disbursed through the request for proposal or request for
qualifications process.
Sec. 506 RCW 43.280.060 and 1996 c 123 s 5 are each amended to
read as follows:
(1) Subject to funds appropriated by the legislature, the
department of ((community, trade, and economic development)) social and
health services shall make awards under the grant program established
by RCW 43.280.020.
(2) To aid the department of ((community, trade, and economic
development)) social and health services in making its funding
determinations, the department shall form a peer review committee
comprised of individuals who are knowledgeable or experienced in the
management or delivery of treatment services to victims of sex
offenders. The peer review committee shall advise the department on
the extent to which each eligible applicant meets the treatment and
management standards, as developed by the department. The department
shall consider this advice in making awards.
(3) Activities funded under this section may be considered for
funding in future years, but shall be considered under the same terms
and criteria as new activities. Funding under this chapter shall not
constitute an obligation by the state of Washington to provide ongoing
funding.
Sec. 507 RCW 43.280.070 and 1995 c 399 s 115 are each amended to
read as follows:
The department of ((community, trade, and economic development))
social and health services may receive such gifts, grants, and
endowments from public or private sources as may be made from time to
time, in trust or otherwise, for the use and benefit of the purposes of
this chapter and expend the same or any income therefrom according to
the terms of the gifts, grants, or endowments.
Sec. 508 RCW 43.280.080 and 1995 c 241 s 1 are each amended to
read as follows:
The office of crime victims advocacy is established in the
department of ((community, trade, and economic development)) social and
health services. The office shall assist communities in planning and
implementing services for crime victims, advocate on behalf of crime
victims in obtaining needed services and resources, and advise local
and state governments on practices, policies, and priorities that
impact crime victims. In addition, the office shall administer grant
programs for sexual assault treatment and prevention services, as
authorized in this chapter.
Sec. 509 RCW 43.280.090 and 1995 c 269 s 2102 are each amended to
read as follows:
The ((director)) secretary of the department of ((community, trade,
and economic development)) social and health services may establish ad
hoc advisory committees, as necessary, to obtain advice and guidance
regarding the office of crime victims advocacy program.
Sec. 510 RCW 70.125.030 and 2009 c 565 s 50 are each reenacted
and amended to read as follows:
As used in this chapter and unless the context indicates otherwise:
(1) "Community sexual assault program" means a community-based
social service agency that is qualified to provide and provides core
services to victims of sexual assault.
(2) "Core services" means treatment services for victims of sexual
assault including information and referral, crisis intervention,
medical advocacy, legal advocacy, support, system coordination, and
prevention for potential victims of sexual assault.
(3) "Department" means the department of ((commerce)) social and
health services.
(4) "Law enforcement agencies" means police and sheriff's
departments of this state.
(5) "Personal representative" means a friend, relative, attorney,
or employee or volunteer from a community sexual assault program or
specialized treatment service provider.
(6) "Rape crisis center" means a community-based social service
agency which provides services to victims of sexual assault.
(7) "Sexual assault" means one or more of the following:
(a) Rape or rape of a child;
(b) Assault with intent to commit rape or rape of a child;
(c) Incest or indecent liberties;
(d) Child molestation;
(e) Sexual misconduct with a minor;
(f) Custodial sexual misconduct;
(g) Crimes with a sexual motivation; or
(h) An attempt to commit any of the aforementioned offenses.
(8) "Specialized services" means treatment services for victims of
sexual assault including support groups, therapy, and specialized
sexual assault medical examination.
(9) "Victim" means any person who suffers physical and/or mental
anguish as a proximate result of a sexual assault.
Sec. 511 RCW 74.14B.060 and 1996 c 123 s 8 are each amended to
read as follows:
(1) Treatment services for children who have been sexually
assaulted must be designed and delivered in a manner that accommodates
their unique developmental needs and also considers the impact of
family dynamics on treatment issues. In addition, the complexity of
the civil and criminal justice systems requires that children who are
involved receive appropriate consideration and attention that
recognizes their unique vulnerability in a system designed primarily
for adults.
(2) The department of ((community, trade, and economic
development)) social and health services shall provide, subject to
available funds, comprehensive sexual assault services to sexually
abused children and their families. The department shall provide
treatment services by qualified, registered, certified, or licensed
professionals on a one-to-one or group basis as may be deemed
appropriate.
(3) Funds appropriated under this section shall be provided solely
for contracts or direct purchase of specific treatment services from
community organizations and private service providers for child victims
of sexual assault and sexual abuse. Funds shall be disbursed through
the request for proposal or request for qualifications process.
(4) As part of the request for proposal or request for
qualifications process the department of ((community, trade, and
economic development)) social and health services shall ensure that
there be no duplication of services with existing programs including
the crime victims' compensation program as provided in chapter 7.68
RCW. The department shall also ensure that victims exhaust private
insurance benefits available to the child victim before providing
services to the child victim under this section.
NEW SECTION. Sec. 512 The following sections are each recodified
as sections in chapter 43.20A RCW:
RCW 43.63A.720
RCW 43.63A.725
RCW 43.63A.730
RCW 43.63A.735
RCW 43.63A.740
NEW SECTION. Sec. 513 (1) All powers, duties, and functions of
the department of commerce pertaining to the office of crime victims
advocacy are transferred to the department of social and health
services. All references to the director or the department of commerce
in the Revised Code of Washington shall be construed to mean the
secretary or the department of social and health services when
referring to the functions transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the department of
commerce pertaining to the powers, functions, and duties transferred
shall be delivered to the custody of the department of social and
health services. All cabinets, furniture, office equipment, motor
vehicles, and other tangible property employed by the department of
commerce in carrying out the powers, functions, and duties transferred
shall be made available to the department of social and health
services. All funds, credits, or other assets held in connection with
the powers, functions, and duties transferred shall be assigned to the
department of social and health services.
(b) Any appropriations made to the department of commerce for
carrying out the powers, functions, and duties transferred shall, on
the effective date of this section, be transferred and credited to the
department of social and health services.
(c) Whenever any question arises as to the transfer of any
personnel, funds, books, documents, records, papers, files, equipment,
or other tangible property used or held in the exercise of the powers
and the performance of the duties and functions transferred, the
director of financial management shall make a determination as to the
proper allocation and certify the same to the state agencies concerned.
(3) All employees of the department of commerce engaged in
performing the powers, functions, and duties transferred are
transferred to the jurisdiction of the department of social and health
services. All employees classified under chapter 41.06 RCW, the state
civil service law, are assigned to the department of social and health
services to perform their usual duties upon the same terms as formerly,
without any loss of rights, subject to any action that may be
appropriate thereafter in accordance with the laws and rules governing
state civil service.
(4) All rules and all pending business before the department of
commerce pertaining to the powers, functions, and duties transferred
shall be continued and acted upon by the department of social and
health services. All existing contracts and obligations shall remain
in full force and shall be performed by the department of social and
health services.
(5) The transfer of the powers, duties, functions, and personnel of
the department of commerce shall not affect the validity of any act
performed before the effective date of this section.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(7) All classified employees of the department of commerce assigned
to the department of social and health services under this section
whose positions are within an existing bargaining unit description at
the department of social and health services shall become a part of the
existing bargaining unit at the department of social and health
services and shall be considered an appropriate inclusion or
modification of the existing bargaining unit under the provisions of
chapter 41.80 RCW.
NEW SECTION. Sec. 514 RCW 43.280.081 is decodified.
Sec. 601 RCW 80.50.030 and 2001 c 214 s 4 are each amended to
read as follows:
(1) There is created and established the energy facility site
evaluation council.
(2)(a) The chair of the council shall be appointed by the governor
with the advice and consent of the senate, shall have a vote on matters
before the council, shall serve for a term coextensive with the term of
the governor, and is removable for cause. The chair may designate a
member of the council to serve as acting chair in the event of the
chair's absence. The salary of the chair shall be determined under RCW
43.03.040. The chair is a "state employee" for the purposes of chapter
42.52 RCW. As applicable, when attending meetings of the council,
members may receive reimbursement for travel expenses in accordance
with RCW 43.03.050 and 43.03.060, and are eligible for compensation
under RCW 43.03.250.
(b) The chair or a designee shall execute all official documents,
contracts, and other materials on behalf of the council. The
Washington ((state department of community, trade, and economic
development)) utilities and transportation commission shall provide all
administrative and staff support for the council. The ((director of
the department of community, trade, and economic development)) chair of
the commission has supervisory authority over the staff of the council
and shall employ such personnel as are necessary to implement this
chapter. Not more than three such employees may be exempt from chapter
41.06 RCW.
(3)(a) The council shall consist of the directors, administrators,
or their designees, of the following departments, agencies,
commissions, and committees or their statutory successors:
(i) Department of ecology;
(ii) Department of fish and wildlife;
(iii) Department of ((community, trade, and economic development))
commerce;
(iv) Utilities and transportation commission; and
(v) Department of natural resources.
(b) The directors, administrators, or their designees, of the
following departments, agencies, and commissions, or their statutory
successors, may participate as councilmembers at their own discretion
provided they elect to participate no later than sixty days after an
application is filed:
(i) Department of agriculture;
(ii) Department of health;
(iii) Military department; and
(iv) Department of transportation.
(c) Council membership is discretionary for agencies that choose to
participate under (b) of this subsection only for applications that are
filed with the council on or after May 8, 2001. For applications filed
before May 8, 2001, council membership is mandatory for those agencies
listed in (b) of this subsection.
(4) The appropriate county legislative authority of every county
wherein an application for a proposed site is filed shall appoint a
member or designee as a voting member to the council. The member or
designee so appointed shall sit with the council only at such times as
the council considers the proposed site for the county which he or she
represents, and such member or designee shall serve until there has
been a final acceptance or rejection of the proposed site.
(5) The city legislative authority of every city within whose
corporate limits an energy plant is proposed to be located shall
appoint a member or designee as a voting member to the council. The
member or designee so appointed shall sit with the council only at such
times as the council considers the proposed site for the city which he
or she represents, and such member or designee shall serve until there
has been a final acceptance or rejection of the proposed site.
(6) For any port district wherein an application for a proposed
port facility is filed subject to this chapter, the port district shall
appoint a member or designee as a nonvoting member to the council. The
member or designee so appointed shall sit with the council only at such
times as the council considers the proposed site for the port district
which he or she represents, and such member or designee shall serve
until there has been a final acceptance or rejection of the proposed
site. The provisions of this subsection shall not apply if the port
district is the applicant, either singly or in partnership or
association with any other person.
NEW SECTION. Sec. 602 (1) All administrative powers, duties, and
functions of the department of commerce pertaining to the energy
facility site evaluation council are transferred to the Washington
utilities and transportation commission. All references to the
director or the department of commerce in the Revised Code of
Washington shall be construed to mean the chair or the Washington
utilities and transportation commission when referring to the functions
transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the department of
commerce pertaining to the powers, functions, and duties transferred
shall be delivered to the custody of the Washington utilities and
transportation commission. All cabinets, furniture, office equipment,
motor vehicles, and other tangible property employed by the department
of commerce in carrying out the powers, functions, and duties
transferred shall be made available to the Washington utilities and
transportation commission. All funds, credits, or other assets held in
connection with the powers, functions, and duties transferred shall be
assigned to the Washington utilities and transportation commission.
(b) Any appropriations made to the department of commerce for
carrying out the powers, functions, and duties transferred shall, on
the effective date of this section, be transferred and credited to the
Washington utilities and transportation commission.
(c) Whenever any question arises as to the transfer of any
personnel, funds, books, documents, records, papers, files, equipment,
or other tangible property used or held in the exercise of the powers
and the performance of the duties and functions transferred, the
director of financial management shall make a determination as to the
proper allocation and certify the same to the state agencies concerned.
(3) All employees of the department of commerce engaged in
performing the powers, functions, and duties transferred are
transferred to the jurisdiction of the Washington utilities and
transportation commission. All employees classified under chapter
41.06 RCW, the state civil service law, are assigned to the Washington
utilities and transportation commission to perform their usual duties
upon the same terms as formerly, without any loss of rights, subject to
any action that may be appropriate thereafter in accordance with the
laws and rules governing state civil service.
(4) All rules and all pending business before the department of
commerce pertaining to the powers, functions, and duties transferred
shall be continued and acted upon by the Washington utilities and
transportation commission. All existing contracts and obligations
shall remain in full force and shall be performed by the Washington
utilities and transportation commission.
(5) The transfer of the powers, duties, functions, and personnel of
the department of commerce shall not affect the validity of any act
performed before the effective date of this section.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(7) All classified employees of the department of commerce assigned
to the Washington utilities and transportation commission under this
section whose positions are within an existing bargaining unit
description at the Washington utilities and transportation commission
shall become a part of the existing bargaining unit at the Washington
utilities and transportation commission and shall be considered an
appropriate inclusion or modification of the existing bargaining unit
under the provisions of chapter 41.80 RCW.
Sec. 701 RCW 43.190.030 and 1997 c 194 s 1 are each amended to
read as follows:
There is created the office of the state long-term care ombudsman.
The ((department of community, trade, and economic development)) office
of financial management shall contract with a private nonprofit
organization to provide long-term care ombudsman services as specified
under, and consistent with, the federal older Americans act as amended,
federal mandates, the goals of the state, and the needs of its
citizens. The ((department of community, trade, and economic
development)) office of financial management shall ensure that all
program and staff support necessary to enable the ombudsman to
effectively protect the interests of residents, patients, and clients
of all long-term care facilities is provided by the nonprofit
organization that contracts to provide long-term care ombudsman
services. The ((department of community, trade, and economic
development)) office of financial management shall adopt rules to carry
out this chapter and the long-term care ombudsman provisions of the
federal older Americans act, as amended, and applicable federal
regulations. The long-term care ombudsman program shall have the
following powers and duties:
(1) To provide services for coordinating the activities of long-term care ombudsmen throughout the state;
(2) Carry out such other activities as the ((department of
community, trade, and economic development)) office of financial
management deems appropriate;
(3) Establish procedures consistent with RCW 43.190.110 for
appropriate access by long-term care ombudsmen to long-term care
facilities and patients' records, including procedures to protect the
confidentiality of the records and ensure that the identity of any
complainant or resident will not be disclosed without the written
consent of the complainant or resident, or upon court order;
(4) Establish a statewide uniform reporting system to collect and
analyze data relating to complaints and conditions in long-term care
facilities for the purpose of identifying and resolving significant
problems, with provision for submission of such data to the department
of social and health services and to the federal department of health
and human services, or its successor agency, on a regular basis; and
(5) Establish procedures to assure that any files maintained by
ombudsman programs shall be disclosed only at the discretion of the
ombudsman having authority over the disposition of such files, except
that the identity of any complainant or resident of a long-term care
facility shall not be disclosed by such ombudsman unless:
(a) Such complainant or resident, or the complainant's or
resident's legal representative, consents in writing to such
disclosure; or
(b) Such disclosure is required by court order.
Sec. 702 RCW 43.190.120 and 1983 c 290 s 12 are each amended to
read as follows:
It is the intent that federal requirements be complied with and the
((department)) office of financial management annually expend at least
one percent of the state's allotment of social services funds from
Title III B of the Older Americans Act of 1965, as it exists as of July
24, 1983, or twenty thousand dollars, whichever is greater to establish
the state long-term care ombudsman program established by this chapter
if funds are appropriated by the legislature.
NEW SECTION. Sec. 703 (1) All powers, duties, and functions of
the department of commerce pertaining to the long-term care ombudsman
program are transferred to the office of financial management. All
references to the director or the department of commerce in the Revised
Code of Washington shall be construed to mean the director or the
office of financial management when referring to the functions
transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the department of
commerce pertaining to the powers, functions, and duties transferred
shall be delivered to the custody of the office of financial
management. All cabinets, furniture, office equipment, motor vehicles,
and other tangible property employed by the department of commerce in
carrying out the powers, functions, and duties transferred shall be
made available to the office of financial management. All funds,
credits, or other assets held in connection with the powers, functions,
and duties transferred shall be assigned to the office of financial
management.
(b) Any appropriations made to the department of commerce for
carrying out the powers, functions, and duties transferred shall, on
the effective date of this section, be transferred and credited to the
office of financial management.
(c) Whenever any question arises as to the transfer of any
personnel, funds, books, documents, records, papers, files, equipment,
or other tangible property used or held in the exercise of the powers
and the performance of the duties and functions transferred, the
director of financial management shall make a determination as to the
proper allocation and certify the same to the state agencies concerned.
(3) All employees of the department of commerce engaged in
performing the powers, functions, and duties transferred are
transferred to the jurisdiction of the office of financial management.
All employees classified under chapter 41.06 RCW, the state civil
service law, are assigned to the office of financial management to
perform their usual duties upon the same terms as formerly, without any
loss of rights, subject to any action that may be appropriate
thereafter in accordance with the laws and rules governing state civil
service.
(4) All rules and all pending business before the department of
commerce pertaining to the powers, functions, and duties transferred
shall be continued and acted upon by the office of financial
management. All existing contracts and obligations shall remain in
full force and shall be performed by the office of financial
management.
(5) The transfer of the powers, duties, functions, and personnel of
the department of commerce shall not affect the validity of any act
performed before the effective date of this section.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(7) All classified employees of the department of commerce assigned
to the office of financial management under this section whose
positions are within an existing bargaining unit description at the
office of financial management shall become a part of the existing
bargaining unit at the office of financial management and shall be
considered an appropriate inclusion or modification of the existing
bargaining unit under the provisions of chapter 41.80 RCW.
Sec. 801 RCW 19.27.070 and 1995 c 399 s 8 are each amended to
read as follows:
There is hereby established a state building code council to be
appointed by the governor.
(1) The state building code council shall consist of fifteen
members, two of whom shall be county elected legislative body members
or elected executives and two of whom shall be city elected legislative
body members or mayors. One of the members shall be a local government
building code enforcement official and one of the members shall be a
local government fire service official. Of the remaining nine members,
one member shall represent general construction, specializing in
commercial and industrial building construction; one member shall
represent general construction, specializing in residential and
multifamily building construction; one member shall represent the
architectural design profession; one member shall represent the
structural engineering profession; one member shall represent the
mechanical engineering profession; one member shall represent the
construction building trades; one member shall represent manufacturers,
installers, or suppliers of building materials and components; one
member shall be a person with a physical disability and shall represent
the disability community; and one member shall represent the general
public. At least six of these fifteen members shall reside east of the
crest of the Cascade mountains. The council shall include: Two
members of the house of representatives appointed by the speaker of the
house, one from each caucus; two members of the senate appointed by the
president of the senate, one from each caucus; and an employee of the
electrical division of the department of labor and industries, as ex
officio, nonvoting members with all other privileges and rights of
membership. Terms of office shall be for three years. The council
shall elect a member to serve as chair of the council for one-year
terms of office. Any member who is appointed by virtue of being an
elected official or holding public employment shall be removed from the
council if he or she ceases being such an elected official or holding
such public employment. Before making any appointments to the building
code council, the governor shall seek nominations from recognized
organizations which represent the entities or interests listed in this
subsection. Members serving on the council on July 28, 1985, may
complete their terms of office. Any vacancy shall be filled by
alternating appointments from governmental and nongovernmental entities
or interests until the council is constituted as required by this
subsection.
(2) Members shall not be compensated but shall receive
reimbursement for travel expenses in accordance with RCW 43.03.050 and
43.03.060.
(3) The department of ((community, trade, and economic
development)) labor and industries shall provide administrative and
clerical assistance to the building code council.
Sec. 802 RCW 19.27.150 and 1995 c 399 s 10 are each amended to
read as follows:
Every month a copy of the United States department of commerce,
bureau of the census' "report of building or zoning permits issued and
local public construction" or equivalent report shall be transmitted by
the governing bodies of counties and cities to the department of
((community, trade, and economic development)) labor and industries.
Sec. 803 RCW 19.27A.020 and 2009 c 423 s 4 are each amended to
read as follows:
(1) The state building code council shall adopt rules to be known
as the Washington state energy code as part of the state building code.
(2) The council shall follow the legislature's standards set forth
in this section to adopt rules to be known as the Washington state
energy code. The Washington state energy code shall be designed to:
(a) Construct increasingly energy efficient homes and buildings
that help achieve the broader goal of building zero fossil-fuel
greenhouse gas emission homes and buildings by the year 2031;
(b) Require new buildings to meet a certain level of energy
efficiency, but allow flexibility in building design, construction, and
heating equipment efficiencies within that framework; and
(c) Allow space heating equipment efficiency to offset or
substitute for building envelope thermal performance.
(3) The Washington state energy code shall take into account
regional climatic conditions. Climate zone 1 shall include all
counties not included in climate zone 2. Climate zone 2 includes:
Adams, Chelan, Douglas, Ferry, Grant, Kittitas, Lincoln, Okanogan, Pend
Oreille, Spokane, Stevens, and Whitman counties.
(4) The Washington state energy code for residential buildings
shall be the 2006 edition of the Washington state energy code, or as
amended by rule by the council.
(5) The minimum state energy code for new nonresidential buildings
shall be the Washington state energy code, 2006 edition, or as amended
by the council by rule.
(6)(a) Except as provided in (b) of this subsection, the Washington
state energy code for residential structures shall preempt the
residential energy code of each city, town, and county in the state of
Washington.
(b) The state energy code for residential structures does not
preempt a city, town, or county's energy code for residential
structures which exceeds the requirements of the state energy code and
which was adopted by the city, town, or county prior to March 1, 1990.
Such cities, towns, or counties may not subsequently amend their energy
code for residential structures to exceed the requirements adopted
prior to March 1, 1990.
(7) The state building code council shall consult with the
department of ((community, trade, and economic development)) labor and
industries as provided in RCW 34.05.310 prior to publication of
proposed rules. The director of the department of ((community, trade,
and economic development)) labor and industries shall recommend to the
state building code council any changes necessary to conform the
proposed rules to the requirements of this section.
(8) The state building code council shall evaluate and consider
adoption of the international energy conservation code in Washington
state in place of the existing state energy code.
(9) The definitions in RCW 19.27A.140 apply throughout this
section.
Sec. 804 RCW 19.27A.140 and 2009 c 423 s 2 are each amended to
read as follows:
The definitions in this section apply to RCW 19.27A.130 through
19.27A.190 and 19.27A.020 unless the context clearly requires
otherwise.
(1) "Benchmark" means the energy used by a facility as recorded
monthly for at least one year and the facility characteristics
information inputs required for a portfolio manager.
(2) "Conditioned space" means conditioned space, as defined in the
Washington state energy code.
(3) "Consumer-owned utility" includes a municipal electric utility
formed under Title 35 RCW, a public utility district formed under Title
54 RCW, an irrigation district formed under chapter 87.03 RCW, a
cooperative formed under chapter 23.86 RCW, a mutual corporation or
association formed under chapter 24.06 RCW, a port district formed
under Title 53 RCW, or a water-sewer district formed under Title 57
RCW, that is engaged in the business of distributing electricity to one
or more retail electric customers in the state.
(4) "Cost-effectiveness" means that a project or resource is
forecast:
(a) To be reliable and available within the time it is needed; and
(b) To meet or reduce the power demand of the intended consumers at
an estimated incremental system cost no greater than that of the least-cost similarly reliable and available alternative project or resource,
or any combination thereof.
(5) "Council" means the state building code council.
(6) (("Department" means the department of community, trade, and
economic development.)) "Embodied energy" means the total amount of fossil fuel
energy consumed to extract raw materials and to manufacture, assemble,
transport, and install the materials in a building and the life-cycle
cost benefits including the recyclability and energy efficiencies with
respect to building materials, taking into account the total sum of
current values for the costs of investment, capital, installation,
operating, maintenance, and replacement as estimated for the lifetime
of the product or project.
(7)
(((8))) (7) "Energy consumption data" means the monthly amount of
energy consumed by a customer as recorded by the applicable energy
meter for the most recent twelve-month period.
(((9))) (8) "Energy service company" has the same meaning as in RCW
43.19.670.
(((10))) (9) "General administration" means the department of
general administration.
(((11))) (10) "Greenhouse gas" and "greenhouse gases" includes
carbon dioxide, methane, nitrous oxide, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride.
(((12))) (11) "Investment grade energy audit" means an intensive
engineering analysis of energy efficiency and management measures for
the facility, net energy savings, and a cost-effectiveness
determination.
(((13))) (12) "Investor-owned utility" means a corporation owned by
investors that meets the definition of "corporation" as defined in RCW
80.04.010 and is engaged in distributing either electricity or natural
gas, or both, to more than one retail electric customer in the state.
(((14))) (13) "Major facility" means any publicly owned or leased
building, or a group of such buildings at a single site, having ten
thousand square feet or more of conditioned floor space.
(((15))) (14) "National energy performance rating" means the score
provided by the energy star program, to indicate the energy efficiency
performance of the building compared to similar buildings in that
climate as defined in the United States environmental protection agency
"ENERGY STAR® Performance Ratings Technical Methodology."
(((16))) (15) "Net zero energy use" means a building with net
energy consumption of zero over a typical year.
(((17))) (16) "Portfolio manager" means the United States
environmental protection agency's energy star portfolio manager or an
equivalent tool adopted by the department of general administration.
(((18))) (17) "Preliminary energy audit" means a quick evaluation
by an energy service company of the energy savings potential of a
building.
(((19))) (18) "Qualifying public agency" includes all state
agencies, colleges, and universities.
(((20))) (19) "Qualifying utility" means a consumer-owned or
investor-owned gas or electric utility that serves more than twenty-five thousand customers in the state of Washington.
(((21))) (20) "Reporting public facility" means any of the
following:
(a) A building or structure, or a group of buildings or structures
at a single site, owned by a qualifying public agency, that exceed ten
thousand square feet of conditioned space;
(b) Buildings, structures, or spaces leased by a qualifying public
agency that exceeds ten thousand square feet of conditioned space,
where the qualifying public agency purchases energy directly from the
investor-owned or consumer-owned utility;
(c) A wastewater treatment facility owned by a qualifying public
agency; or
(d) Other facilities selected by the qualifying public agency.
(((22))) (21) "State portfolio manager master account" means a
portfolio manager account established to provide a single shared
portfolio that includes reports for all the reporting public
facilities.
Sec. 805 RCW 19.27A.150 and 2009 c 423 s 3 are each amended to
read as follows:
(1) To the extent that funding is appropriated specifically for the
purposes of this section, the department of commerce shall develop and
implement a strategic plan for enhancing energy efficiency in and
reducing greenhouse gas emissions from homes, buildings, districts, and
neighborhoods. The strategic plan must be used to help direct the
future code increases in RCW 19.27A.020, with targets for new buildings
consistent with RCW 19.27A.160. The strategic plan will identify
barriers to achieving net zero energy use in homes and buildings and
identify how to overcome these barriers in future energy code updates
and through complementary policies.
(2) The department of commerce must complete and release the
strategic plan to the legislature and the council by December 31, 2010,
and update the plan every three years.
(3) The strategic plan must include recommendations to the council
on energy code upgrades. At a minimum, the strategic plan must:
(a) Consider development of aspirational codes separate from the
state energy code that contain economically and technically feasible
optional standards that could achieve higher energy efficiency for
those builders that elected to follow the aspirational codes in lieu of
or in addition to complying with the standards set forth in the state
energy code;
(b) Determine the appropriate methodology to measure achievement of
state energy code targets using the United States environmental
protection agency's target finder program or equivalent methodology;
(c) Address the need for enhanced code training and enforcement;
(d) Include state strategies to support research, demonstration,
and education programs designed to achieve a seventy percent reduction
in annual net energy consumption as specified in RCW 19.27A.160 and
enhance energy efficiency and on-site renewable energy production in
buildings;
(e) Recommend incentives, education, training programs and
certifications, particularly state-approved training or certification
programs, joint apprenticeship programs, or labor-management
partnership programs that train workers for energy-efficiency projects
to ensure proposed programs are designed to increase building
professionals' ability to design, construct, and operate buildings that
will meet the seventy percent reduction in annual net energy
consumption as specified in RCW 19.27A.160;
(f) Address barriers for utilities to serve net zero energy homes
and buildings and policies to overcome those barriers;
(g) Address the limits of a prescriptive code in achieving net zero
energy use homes and buildings and propose a transition to performance-based codes;
(h) Identify financial mechanisms such as tax incentives, rebates,
and innovative financing to motivate energy consumers to take action to
increase energy efficiency and their use of on-site renewable energy.
Such incentives, rebates, or financing options may consider the role of
government programs as well as utility-sponsored programs;
(i) Address the adequacy of education and technical assistance,
including school curricula, technical training, and peer-to-peer
exchanges for professional and trade audiences;
(j) Develop strategies to develop and install district and
neighborhood-wide energy systems that help meet net zero energy use in
homes and buildings;
(k) Identify costs and benefits of energy efficiency measures on
residential and nonresidential construction; and
(l) Investigate methodologies and standards for the measurement of
the amount of embodied energy used in building materials.
(4) The department of commerce and the council shall convene a work
group with the affected parties to inform the initial development of
the strategic plan.
Sec. 806 RCW 19.27A.180 and 2009 c 423 s 7 are each amended to
read as follows:
By December 31, 2009, to the extent that funding is appropriated
specifically for the purposes of this section, the department of
commerce shall develop and recommend to the legislature a methodology
to determine an energy performance score for residential buildings and
an implementation strategy to use such information to improve the
energy efficiency of the state's existing housing supply. In
developing its strategy, the department of commerce shall seek input
from providers of residential energy audits, utilities, building
contractors, mixed use developers, the residential real estate
industry, and real estate listing and form providers.
NEW SECTION. Sec. 807 (1) All powers, duties, and functions of
the department of commerce pertaining to administrative and support
services for the state building code council are transferred to the
department of labor and industries. All references to the director or
the department of commerce in the Revised Code of Washington shall be
construed to mean the director or the department of labor and
industries when referring to the functions transferred in this section.
Policy and planning assistance functions performed by the department of
commerce remain with the department of commerce.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the department of
commerce pertaining to the powers, functions, and duties transferred
shall be delivered to the custody of the department of labor and
industries. All cabinets, furniture, office equipment, motor vehicles,
and other tangible property employed by the department of commerce in
carrying out the powers, functions, and duties transferred shall be
made available to the department of labor and industries. All funds,
credits, or other assets held in connection with the powers, functions,
and duties transferred shall be assigned to the department of labor and
industries.
(b) Any appropriations made to the department of commerce for
carrying out the powers, functions, and duties transferred shall, on
the effective date of this section, be transferred and credited to the
department of labor and industries.
(c) Whenever any question arises as to the transfer of any
personnel, funds, books, documents, records, papers, files, equipment,
or other tangible property used or held in the exercise of the powers
and the performance of the duties and functions transferred, the
director of financial management shall make a determination as to the
proper allocation and certify the same to the state agencies concerned.
(3) All employees of the department of commerce engaged in
performing the powers, functions, and duties transferred are
transferred to the jurisdiction of the department of labor and
industries. All employees classified under chapter 41.06 RCW, the
state civil service law, are assigned to the department of labor and
industries to perform their usual duties upon the same terms as
formerly, without any loss of rights, subject to any action that may be
appropriate thereafter in accordance with the laws and rules governing
state civil service.
(4) All rules and all pending business before the department of
commerce pertaining to the powers, functions, and duties transferred
shall be continued and acted upon by the department of labor and
industries. All existing contracts and obligations shall remain in
full force and shall be performed by the department of labor and
industries.
(5) The transfer of the powers, duties, functions, and personnel of
the department of commerce shall not affect the validity of any act
performed before the effective date of this section.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(7) All classified employees of the department of commerce assigned
to the department of labor and industries under this section whose
positions are within an existing bargaining unit description at the
department of labor and industries shall become a part of the existing
bargaining unit at the department of labor and industries and shall be
considered an appropriate inclusion or modification of the existing
bargaining unit under the provisions of chapter 41.80 RCW.
Sec. 901 RCW 43.21F.010 and 1975-'76 2nd ex.s. c 108 s 1 are each
amended to read as follows:
(1) The legislature finds that energy drives the entire modern
economy from petroleum for vehicles to electricity to light homes and
businesses. The legislature further finds that the state's dependence
on fossil fuels is both an economic and environmental liability, as the
citizens of Washington spend significant resources on the import of
fossil fuels that are subject to volatile prices because of finite
resources and growing world demand, and fossil fuel combustion is the
single biggest human source of greenhouse gas emissions in Washington
state. The legislature further finds that the nation and the world
have started the transition to a clean energy economy, with massive
improvements in energy efficiency and investments in new clean and
renewable energy resources and technologies.
(2) The legislature finds and declares that it is the continuing
purpose of state government, consistent with other essential
considerations of state policy, to foster wise and efficient energy use
and to promote energy self-sufficiency through the use of indigenous
and renewable energy sources, consistent with the promotion of reliable
energy sources, the general welfare, and the protection of
environmental quality.
(3) The legislature further declares that the goals of the state's
energy strategy are to:
(a) Increase competitiveness and economic security by reducing
fossil fuel imports;
(b) Develop a clean energy economy and jobs through business and
workforce development;
(c) Meet the state's obligations to reduce greenhouse gas
emissions; and
(d) Maintain competitive energy prices that have been an
instrumental part of our state's economic success to date.
NEW SECTION. Sec. 902 A new section is added to chapter 43.21F
RCW to read as follows:
To meet the state energy strategy goals as specified in RCW
43.21F.010, it is the policy of the state of Washington to:
(1) Pursue energy efficiency and conservation as the state's
preferred energy resource;
(2) Ensure that the state's energy system meets the health,
welfare, and economic needs of its citizens with particular emphasis on
meeting the needs of low-income and vulnerable populations;
(3) Reduce dependence on fossil fuel energy sources through
improved efficiency and development of clean energy sources;
(4) Improve transportation energy use through increased vehicle and
system efficiencies, development of electricity, biofuels, and other
clean fuels, and land use policies that provide improved transportation
choices;
(5) Meet the state's statutory climate change goals and targets and
other environmental requirements as the state develops and uses energy
resources;
(6) Maintain and enhance economic competitiveness by supporting
clean energy technology innovation, access to clean energy markets
worldwide, and clean energy business and workforce development;
(7) Build on the advantage provided by the state's clean regional
electrical grid by expanding and integrating additional carbon-free
generation and improving the state's transmission capacity;
(8) Make state government a model for energy efficiency, use of
clean and renewable energy, and greenhouse gas-neutral operations;
(9) During energy shortage emergencies, give priority in the
allocation of energy resources to maintaining the public health,
safety, and welfare of the state's citizens and industry in order to
minimize adverse impacts on their physical, social, and economic well-being;
(10) Develop and disseminate impartial and objective energy
information and analysis, while taking full advantage of the
capabilities of the state's institutions of higher education;
(11) Actively seek to maximize federal and other nonstate funding
and support to the state for energy efficiency, renewable energy,
emerging energy technologies, and other activities of benefit to the
state's overall energy future; and
(12) Establish a state energy strategy that provides primary
guidance for implementation of the state's energy policy.
Sec. 903 RCW 43.21F.090 and 1996 c 186 s 106 are each amended to
read as follows:
(1) The department of commerce shall review the state energy
strategy as developed under section 1, chapter 201, Laws of 1991,
periodically with the guidance of an advisory committee. For each
review, an advisory committee shall be established with a membership
resembling as closely as possible the original energy strategy advisory
committee specified under section 1, chapter 201, Laws of 1991. Upon
completion of a public hearing regarding the advisory committee's
advice and recommendations for revisions to the energy strategy, a
written report shall be conveyed by the department to the governor and
the appropriate legislative committees. Any advisory committee
established under this section shall be dissolved within three months
after their written report is conveyed.
(2) By December 1, 2010, and every five years thereafter, the
department of commerce shall produce a fully updated and revised state
energy strategy and implementation report. The strategy shall, to the
maximum extent feasible, examine the state's entire energy system and
provide specific recommendations for both further development of state
analytical capabilities and policies as well as implementation
recommendations to the governor and legislature. As part of the
development of the strategy, the department shall convene a state
energy strategy committee, as provided in this section, and shall also
engage key public agencies and interested stakeholders. In addition,
the department shall review related processes and documents relevant to
a state energy strategy including but not limited to the work of the
clean energy leadership council, the climate advisory and action teams,
the evergreen jobs committee, and the northwest power and conservation
council.
(3) To assist in updates of the state energy strategy, the
department of commerce shall actively seek both in-kind and financial
support for this process from the United States department of energy
and its national laboratories, other public agencies, private sector
entities, foundations, and other energy organizations. The department
of commerce shall develop a work plan for update of the strategy that
reflects the levels of activities and deliverables commensurate with
the level of funding and in-kind support available from state and
nonstate sources.
NEW SECTION. Sec. 904 The following acts or parts of acts are
each repealed:
(1) RCW 43.21F.015 (State policy) and 1994 c 207 s 3 & 1981 c 295
s 1; and
(2) RCW 43.21F.055 (Intervention in certain regulatory proceedings
prohibited -- Application to energy facility site evaluation council--Avoidance of duplication of activity) and 1996 c 186 s 104 & 1981 c 295
s 5.
Sec. 1001 RCW 36.27.100 and 1995 c 399 s 41 are each amended to
read as follows:
The legislature recognizes that, due to the magnitude or volume of
offenses in a given area of the state, there is a recurring need for
supplemental assistance in the prosecuting of drug and drug-related
offenses that can be directed to the area of the state with the
greatest need for short-term assistance. A statewide drug prosecution
assistance program is created within the ((department of community,
trade, and economic development)) criminal justice training commission
to assist county prosecuting attorneys in the prosecution of drug and
drug-related offenses.
NEW SECTION. Sec. 1002 (1) All powers, duties, and functions of
the department of commerce pertaining to the drug prosecution
assistance program are transferred to the criminal justice training
commission. All references to the director or the department of
commerce in the Revised Code of Washington shall be construed to mean
the director or the criminal justice training commission when referring
to the functions transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the department of
commerce pertaining to the powers, functions, and duties transferred
shall be delivered to the custody of the criminal justice training
commission. All cabinets, furniture, office equipment, motor vehicles,
and other tangible property employed by the department of commerce in
carrying out the powers, functions, and duties transferred shall be
made available to the criminal justice training commission. All funds,
credits, or other assets held in connection with the powers, functions,
and duties transferred shall be assigned to the criminal justice
training commission.
(b) Any appropriations made to the department of commerce for
carrying out the powers, functions, and duties transferred shall, on
the effective date of this section, be transferred and credited to the
criminal justice training commission.
(c) Whenever any question arises as to the transfer of any
personnel, funds, books, documents, records, papers, files, equipment,
or other tangible property used or held in the exercise of the powers
and the performance of the duties and functions transferred, the
director of financial management shall make a determination as to the
proper allocation and certify the same to the state agencies concerned.
(3) All employees of the department of commerce engaged in
performing the powers, functions, and duties transferred are
transferred to the jurisdiction of the criminal justice training
commission. All employees classified under chapter 41.06 RCW, the
state civil service law, are assigned to the criminal justice training
commission to perform their usual duties upon the same terms as
formerly, without any loss of rights, subject to any action that may be
appropriate thereafter in accordance with the laws and rules governing
state civil service.
(4) All rules and all pending business before the department of
commerce pertaining to the powers, functions, and duties transferred
shall be continued and acted upon by the criminal justice training
commission. All existing contracts and obligations shall remain in
full force and shall be performed by the criminal justice training
commission.
(5) The transfer of the powers, duties, functions, and personnel of
the department of commerce shall not affect the validity of any act
performed before the effective date of this section.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(7) All classified employees of the department of commerce assigned
to the criminal justice training commission under this section whose
positions are within an existing bargaining unit description at the
criminal justice training commission shall become a part of the
existing bargaining unit at the criminal justice training commission
and shall be considered an appropriate inclusion or modification of the
existing bargaining unit under the provisions of chapter 41.80 RCW.
Sec. 1101 RCW 43.110.030 and 2000 c 227 s 3 are each amended to
read as follows:
(1) The ((municipal research council)) department of commerce shall
contract for the provision of municipal research and services to
cities, towns, and counties. Contracts for municipal research and
services shall be made with state agencies, educational institutions,
or private consulting firms, that in the judgment of ((council
members)) the department are qualified to provide such research and
services. Contracts for staff support may be made with state agencies,
educational institutions, or private consulting firms that in the
judgment of the ((council members)) department are qualified to provide
such support.
(2) Municipal research and services shall consist of:
(((1))) (a) Studying and researching city, town, and county
government and issues relating to city, town, and county government;
(((2))) (b) Acquiring, preparing, and distributing publications
related to city, town, and county government and issues relating to
city, town, and county government;
(((3))) (c) Providing educational conferences relating to city,
town, and county government and issues relating to city, town, and
county government; and
(((4))) (d) Furnishing legal, technical, consultative, and field
services to cities, towns, and counties concerning planning, public
health, utility services, fire protection, law enforcement, public
works, and other issues relating to city, town, and county government.
(3) Requests for legal services by county officials shall be sent
to the office of the county prosecuting attorney. Responses by the
((municipal research council)) department of commerce to county
requests for legal services shall be provided to the requesting
official and the county prosecuting attorney.
(4) The ((activities, programs, and services of the municipal
research council shall be carried on in cooperation)) department of
commerce shall coordinate with the association of Washington cities and
the Washington state association of counties in carrying out the
activities in this section. Services to cities and towns shall be
based upon the moneys appropriated to the ((municipal research
council)) department from the city and town research services account
under RCW 43.110.060. Services to counties shall be based upon the
moneys appropriated to the ((municipal research council)) department
from the county research services account under RCW 43.110.050.
Sec. 1102 RCW 43.110.060 and 2002 c 38 s 4 are each amended to
read as follows:
The city and town research services account is created in the state
treasury. Moneys in the account shall consist of amounts transferred
under RCW 66.08.190(2) and any other transfers or appropriations to the
account. Moneys in the account may be spent only after an
appropriation. Expenditures from the account may be used only for city
and town research.
All unobligated moneys remaining in the account at the end of the
fiscal biennium shall be distributed by the treasurer to the
incorporated cities and towns of the state in the same manner as the
distribution under RCW 66.08.190(1)(b)(iii).
((The treasurer may disburse amounts appropriated to the municipal
research council from the city and town research services account by
warrant or check to the contracting parties on invoices or vouchers
certified by the chair of the municipal research council or his or her
designee.)) Payments to public agencies may be made in advance of
actual work contracted for, at the discretion of the ((council))
department of commerce.
Sec. 1103 RCW 43.110.080 and 2006 c 328 s 1 are each amended to
read as follows:
(1) The ((municipal research council)) department of commerce shall
contract for the provision of research and services to special purpose
districts. A contract shall be made with a state agency, educational
institution, or private consulting firm, that in the judgment of
((council members)) the department is qualified to provide such
research and services.
(2) Research and services to special purpose districts shall
consist of:
(a) Studying and researching issues relating to special purpose
district government;
(b) Acquiring, preparing, and distributing publications related to
special purpose districts; and
(c) Furnishing legal, technical, consultative, and field services
to special purpose districts concerning issues relating to special
purpose district government.
(3) The ((activities, programs, and services of the municipal
research council to special purpose districts shall be carried on in
cooperation)) department of commerce shall coordinate with the
associations representing the various special purpose districts with
respect to carrying out the activities in this section. Services to
special purpose districts shall be based upon the moneys appropriated
to the ((municipal research council)) department of commerce from the
special purpose district research services account under RCW
43.110.090.
Sec. 1104 RCW 43.15.020 and 2009 c 560 s 27 are each amended to
read as follows:
The lieutenant governor serves as president of the senate and is
responsible for making appointments to, and serving on, the committees
and boards as set forth in this section.
(1) The lieutenant governor serves on the following boards and
committees:
(a) Capitol furnishings preservation committee, RCW 27.48.040;
(b) Washington higher education facilities authority, RCW
28B.07.030;
(c) Productivity board, also known as the employee involvement and
recognition board, RCW 41.60.015;
(d) State finance committee, RCW 43.33.010;
(e) State capitol committee, RCW 43.34.010;
(f) Washington health care facilities authority, RCW 70.37.030;
(g) State medal of merit nominating committee, RCW 1.40.020;
(h) Medal of valor committee, RCW 1.60.020; and
(i) Association of Washington generals, RCW 43.15.030.
(2) The lieutenant governor, and when serving as president of the
senate, appoints members to the following boards and committees:
(a) Civil legal aid oversight committee, RCW 2.53.010;
(b) Office of public defense advisory committee, RCW 2.70.030;
(c) Washington state gambling commission, RCW 9.46.040;
(d) Sentencing guidelines commission, RCW 9.94A.860;
(e) State building code council, RCW 19.27.070;
(f) Women's history consortium board of advisors, RCW 27.34.365;
(g) Financial ((literacy)) education public-private partnership,
RCW 28A.300.450;
(h) Joint administrative rules review committee, RCW 34.05.610;
(i) Capital projects advisory review board, RCW 39.10.220;
(j) Select committee on pension policy, RCW 41.04.276;
(k) Legislative ethics board, RCW 42.52.310;
(l) Washington citizens' commission on salaries, RCW 43.03.305;
(m) Legislative oral history committee, RCW 44.04.325;
(n) State council on aging, RCW 43.20A.685;
(o) State investment board, RCW 43.33A.020;
(p) Capitol campus design advisory committee, RCW 43.34.080;
(q) Washington state arts commission, RCW 43.46.015;
(r) Information services board, RCW 43.105.032;
(s) K-20 educational network board, RCW 43.105.800;
(t) ((Municipal research council, RCW 43.110.010;)) Council for children and families, RCW 43.121.020;
(u)
(((v))) (u) PNWER-Net working subgroup under chapter 43.147 RCW;
(((w))) (v) Community economic revitalization board, RCW
43.160.030;
(((x))) (w) Washington economic development finance authority, RCW
43.163.020;
(((y))) (x) Life sciences discovery fund authority, RCW 43.350.020;
(((z))) (y) Legislative children's oversight committee, RCW
44.04.220;
(((aa))) (z) Joint legislative audit and review committee, RCW
44.28.010;
(((bb))) (aa) Joint committee on energy supply and energy
conservation, RCW 44.39.015;
(((cc))) (bb) Legislative evaluation and accountability program
committee, RCW 44.48.010;
(((dd))) (cc) Agency council on coordinated transportation, RCW
47.06B.020;
(((ee))) (dd) Manufactured housing task force, RCW 59.22.090;
(((ff))) (ee) Washington horse racing commission, RCW 67.16.014;
(((gg))) (ff) Correctional industries board of directors, RCW
72.09.080;
(((hh))) (gg) Joint committee on veterans' and military affairs,
RCW 73.04.150;
(((ii))) (hh) Joint legislative committee on water supply during
drought, RCW 90.86.020;
(((jj))) (ii) Statute law committee, RCW 1.08.001; and
(((kk))) (jj) Joint legislative oversight committee on trade
policy, RCW 44.55.020.
Sec. 1105 RCW 35.21.185 and 1995 c 21 s 1 are each amended to
read as follows:
(1) It is the purpose of this section to provide a means whereby
all cities and towns may obtain, through a single source, information
regarding ordinances of other cities and towns that may be of
assistance to them in enacting appropriate local legislation.
(2) For the purposes of this section, (a) "clerk" means the city or
town clerk or other person who is lawfully designated to perform the
recordkeeping function of that office, and (b) "((municipal research
council)) department" means the ((municipal research council created by
chapter 43.110 RCW)) department of commerce.
(3) The clerk of every city and town is directed to provide to the
((municipal research council)) department or its designee, promptly
after adoption, a copy of each of its regulatory ordinances and such
other ordinances or kinds of ordinances as may be described in a list
or lists promulgated by the ((municipal research council)) department
or its designee from time to time, and may provide such copies without
charge. The ((municipal research council)) department may provide that
information to the entity with which it contracts for the provision of
municipal research and services, in order to provide a pool of
information for all cities and towns in the state of Washington.
(4) This section is intended to be directory and not mandatory.
Sec. 1106 RCW 35.102.040 and 2006 c 301 s 7 are each amended to
read as follows:
(1)(a) The cities, working through the association of Washington
cities, shall form a model ordinance development committee made up of
a representative sampling of cities that as of July 27, 2003, impose a
business and occupation tax. This committee shall work through the
association of Washington cities to adopt a model ordinance on
municipal gross receipts business and occupation tax. The model
ordinance and subsequent amendments shall be adopted using a process
that includes opportunity for substantial input from business
stakeholders and other members of the public. Input shall be solicited
from statewide business associations and from local chambers of
commerce and downtown business associations in cities that levy a
business and occupation tax.
(b) The ((municipal research council)) department of commerce shall
contract to post the model ordinance on an internet web site and to
make paper copies available for inspection upon request. The
department of revenue and the department of licensing shall post copies
of or links to the model ordinance on their internet web sites.
Additionally, a city that imposes a business and occupation tax must
make copies of its ordinance available for inspection and copying as
provided in chapter 42.56 RCW.
(c) The definitions and tax classifications in the model ordinance
may not be amended more frequently than once every four years, however
the model ordinance may be amended at any time to comply with changes
in state law. Any amendment to a mandatory provision of the model
ordinance must be adopted with the same effective date by all cities.
(2) A city that imposes a business and occupation tax must adopt
the mandatory provisions of the model ordinance. The following
provisions are mandatory:
(a) A system of credits that meets the requirements of RCW
35.102.060 and a form for such use;
(b) A uniform, minimum small business tax threshold of at least the
equivalent of twenty thousand dollars in gross income annually. A city
may elect to deviate from this requirement by creating a higher
threshold or exemption but it shall not deviate lower than the level
required in this subsection. If a city has a small business threshold
or exemption in excess of that provided in this subsection as of
January 1, 2003, and chooses to deviate below the threshold or
exemption level that was in place as of January 1, 2003, the city must
notify all businesses licensed to do business within the city at least
one hundred twenty days prior to the potential implementation of a
lower threshold or exemption amount;
(c) Tax reporting frequencies that meet the requirements of RCW
35.102.070;
(d) Penalty and interest provisions that meet the requirements of
RCW 35.102.080 and 35.102.090;
(e) Claim periods that meet the requirements of RCW 35.102.100;
(f) Refund provisions that meet the requirements of RCW 35.102.110;
and
(g) Definitions, which at a minimum, must include the definitions
enumerated in RCW 35.102.030 and 35.102.120. The definitions in
chapter 82.04 RCW shall be used as the baseline for all definitions in
the model ordinance, and any deviation in the model ordinance from
these definitions must be described by a comment in the model
ordinance.
(3) Except for the deduction required by RCW 35.102.160 and the
system of credits developed to address multiple taxation under
subsection (2)(a) of this section, a city may adopt its own provisions
for tax exemptions, tax credits, and tax deductions.
(4) Any city that adopts an ordinance that deviates from the
nonmandatory provisions of the model ordinance shall make a description
of such differences available to the public, in written and electronic
form.
Sec. 1107 RCW 36.70B.220 and 2005 c 274 s 272 are each amended to
read as follows:
(1) Each county and city having populations of ten thousand or more
that plan under RCW 36.70A.040 shall designate permit assistance staff
whose function it is to assist permit applicants. An existing employee
may be designated as the permit assistance staff.
(2) Permit assistance staff designated under this section shall:
(a) Make available to permit applicants all current local
government regulations and adopted policies that apply to the subject
application. The local government shall provide counter copies thereof
and, upon request, provide copies according to chapter 42.56 RCW. The
staff shall also publish and keep current one or more handouts
containing lists and explanations of all local government regulations
and adopted policies;
(b) Establish and make known to the public the means of obtaining
the handouts and related information; and
(c) Provide assistance regarding the application of the local
government's regulations in particular cases.
(3) Permit assistance staff designated under this section may
obtain technical assistance and support in the compilation and
production of the handouts under subsection (2) of this section from
the ((municipal research council and the department of community,
trade, and economic development)) department of commerce.
NEW SECTION. Sec. 1108 The following acts or parts of acts are
each repealed:
(1) RCW 43.110.010 (Council created -- Membership -- Terms -- Travel
expenses) and 2001 c 290 s 1, 1997 c 437 s 1, 1990 c 104 s 1, 1983 c 22
s 1, 1975-'76 2nd ex.s. c 34 s 129, 1975 1st ex.s. c 218 s 1, & 1969 c
108 s 2;
(2) RCW 43.110.040 (Local government regulation and policy
handouts -- Technical assistance) and 1996 c 206 s 10; and
(3) RCW 43.110.070 (Hazardous liquid and gas pipeline -- Model
ordinance and franchise agreement) and 2000 c 191 s 8.
NEW SECTION. Sec. 1109 (1) The municipal research council is
hereby abolished and its powers, duties, and functions are hereby
transferred to the department of commerce. All references to the
municipal research council in the Revised Code of Washington shall be
construed to mean the department of commerce.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the municipal research
council shall be delivered to the custody of the department of
commerce. All cabinets, furniture, office equipment, motor vehicles,
and other tangible property employed by the municipal research council
shall be made available to the department of commerce. All funds,
credits, or other assets held by the municipal research council shall
be assigned to the department of commerce.
(b) Any appropriations made to the municipal research council
shall, on the effective date of this section, be transferred and
credited to the department of commerce.
(c) If any question arises as to the transfer of any funds, books,
documents, records, papers, files, equipment, or other tangible
property used or held in the exercise of the powers and the performance
of the duties and functions transferred, the director of financial
management shall make a determination as to the proper allocation and
certify the same to the state agencies concerned.
(3) All rules and all pending business before the municipal
research council shall be continued and acted upon by the department of
commerce. All existing contracts and obligations shall remain in full
force and shall be performed by the department of commerce.
(4) The transfer of the powers, duties, and functions of the
municipal research council shall not affect the validity of any act
performed before the effective date of this section.
(5) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
NEW SECTION. Sec. 1201 RCW 43.63A.150 is decodified.
NEW SECTION. Sec. 1202 This act takes effect July 1, 2010.