BILL REQ. #: H-3538.1
| State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/12/12. Referred to Committee on State Government & Tribal Affairs.
AN ACT Relating to conforming amendments made necessary by reorganizing and streamlining central service functions, powers, and duties of state government; amending RCW 2.36.057, 2.36.0571, 2.68.060, 4.92.100, 4.92.110, 8.26.085, 15.24.086, 15.64.060, 15.65.285, 15.66.280, 15.88.070, 15.89.070, 15.100.080, 15.115.180, 17.15.020, 19.27.097, 19.27.150, 19.27A.020, 19.27A.190, 19.34.100, 19.285.060, 27.34.075, 27.34.410, 27.48.040, 28A.150.530, 28A.335.300, 28B.10.400, 28B.10.405, 28B.10.417, 28B.50.360, 29A.08.785, 29A.12.170, 35.21.779, 35.68.076, 35A.65.010, 36.28A.070, 37.14.010, 39.04.155, 39.04.220, 39.04.290, 39.04.320, 39.04.330, 39.04.370, 39.04.380, 39.10.220, 39.10.420, 39.10.440, 39.24.050, 39.29.006, 39.30.050, 39.32.020, 39.32.040, 39.32.060, 39.35.060, 39.35A.050, 39.35B.040, 39.35C.050, 39.35C.090, 41.04.017, 41.04.220, 41.04.230, 41.04.375, 41.06.094, 43.01.090, 43.01.091, 43.01.240, 43.01.250, 43.01.900, 43.15.020, 43.17.050, 43.17.100, 43.17.400, 43.19.533, 43.19.642, 43.19.647, 43.19.648, 43.19.651, 43.19.670, 43.19.682, 43.19.691, 43.19.725, 43.19.727, 43.19.757, 43.19A.040, 43.21F.045, 43.34.080, 43.34.090, 43.41.130, 43.63A.510, 43.70.054, 43.82.010, 43.82.035, 43.82.055, 43.82.130, 43.83.116, 43.83.120, 43.83.136, 43.83.142, 43.83.156, 43.83.176, 43.83.188, 43.83.202, 43.88.090, 43.88.092, 43.88.160, 43.88.350, 43.88.560, 43.96B.215, 43.99G.020, 43.101.080, 43.101.901, 43.105.178, 43.105.340, 43.105.905, 43.320.011, 43.320.012, 43.320.013, 43.320.014, 43.320.015, 43.320.901, 43.325.020, 43.325.030, 43.330.907, 43.331.040, 43.331.050, 44.68.065, 44.73.010, 46.08.065, 46.08.150, 46.08.172, 46.20.037, 47.60.830, 49.74.040, 50.16.020, 70.58.005, 70.94.537, 70.94.551, 70.95.265, 70.95C.110, 70.95H.030, 70.95M.060, 70.105.040, 70.120.210, 70.235.050, 71A.20.190, 72.01.430, 72.09.104, 72.09.450, 77.12.177, 77.12.451, 77.15.100, 79.19.080, 79.24.300, 79.24.530, 79.24.540, 79.24.560, 79.24.570, 79.24.664, 79.24.710, 79.24.720, 79.24.730, 79A.15.010, and 43.131.408; reenacting and amending RCW 42.17A.110 and 43.19.190; repealing RCW 43.105.041; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 2.36.057 and 1993 c 408 s 1 are each amended to read
as follows:
The supreme court is requested to adopt court rules to be effective
by September 1, 1994, regarding methodology and standards for merging
the list of registered voters in Washington state with the list of
licensed drivers and identicard holders in Washington state for
purposes of creating an expanded jury source list. The rules should
specify the standard electronic format or formats in which the lists
will be provided to requesting superior courts by the ((department of
information services)) consolidated technology services agency. In the
interim, and until such court rules become effective, the methodology
and standards provided in RCW 2.36.054 shall apply. An expanded jury
source list shall be available to the courts for use by September 1,
1994.
Sec. 2 RCW 2.36.0571 and 1993 c 408 s 2 are each amended to read
as follows:
Not later than January 1, 1994, the secretary of state, the
department of licensing, and the ((department of information services))
consolidated technology services agency shall adopt administrative
rules as necessary to provide for the implementation of the methodology
and standards established pursuant to RCW 2.36.057 and 2.36.054 or by
supreme court rule.
Sec. 3 RCW 2.68.060 and 2010 c 282 s 7 are each amended to read
as follows:
The administrative office of the courts, under the direction of the
judicial information system committee, shall:
(1) Develop a judicial information system information technology
portfolio consistent with the provisions of RCW ((43.105.172))
43.41A.110;
(2) Participate in the development of an enterprise-based statewide
information technology strategy ((as defined in RCW 43.105.019));
(3) Ensure the judicial information system information technology
portfolio is organized and structured to clearly indicate participation
in and use of enterprise-wide information technology strategies;
(4) As part of the biennial budget process, submit the judicial
information system information technology portfolio to the chair and
ranking member of the ways and means committees of the house of
representatives and the senate, the office of financial management, and
the ((department of information services)) consolidated technology
services agency.
Sec. 4 RCW 4.92.100 and 2009 c 433 s 2 are each amended to read
as follows:
(1) All claims against the state, or against the state's officers,
employees, or volunteers, acting in such capacity, for damages arising
out of tortious conduct, except for claims involving injuries from
health care, shall be presented to the office of risk management
((division)). Claims involving injuries from health care are governed
solely by the procedures set forth in chapter 7.70 RCW and are exempt
from this chapter. A claim is deemed presented when the claim form is
delivered in person or by regular mail, registered mail, or certified
mail, with return receipt requested, to the office of risk management
((division)). For claims for damages presented after July 26, 2009,
all claims for damages must be presented on the standard tort claim
form that is maintained by the office of risk management ((division)).
The standard tort claim form must be posted on the ((office of
financial management's)) department of enterprise services' web site.
(a) The standard tort claim form must, at a minimum, require the
following information:
(i) The claimant's name, date of birth, and contact information;
(ii) A description of the conduct and the circumstances that
brought about the injury or damage;
(iii) A description of the injury or damage;
(iv) A statement of the time and place that the injury or damage
occurred;
(v) A listing of the names of all persons involved and contact
information, if known;
(vi) A statement of the amount of damages claimed; and
(vii) A statement of the actual residence of the claimant at the
time of presenting the claim and at the time the claim arose.
(b) The standard tort claim form must be signed either:
(i) By the claimant, verifying the claim;
(ii) Pursuant to a written power of attorney, by the attorney in
fact for the claimant;
(iii) By an attorney admitted to practice in Washington state on
the claimant's behalf; or
(iv) By a court-approved guardian or guardian ad litem on behalf of
the claimant.
(c) The amount of damages stated on the claim form is not
admissible at trial.
(2) The state shall make available the standard tort claim form
described in this section with instructions on how the form is to be
presented and the name, address, and business hours of the office of
risk management ((division)). The standard tort claim form must not
list the claimant's social security number and must not require
information not specified under this section.
(3) With respect to the content of claims under this section and
all procedural requirements in this section, this section must be
liberally construed so that substantial compliance will be deemed
satisfactory.
Sec. 5 RCW 4.92.110 and 2009 c 433 s 3 are each amended to read
as follows:
No action subject to the claim filing requirements of RCW 4.92.100
shall be commenced against the state, or against any state officer,
employee, or volunteer, acting in such capacity, for damages arising
out of tortious conduct until sixty calendar days have elapsed after
the claim is presented to the office of risk management ((division)).
The applicable period of limitations within which an action must be
commenced shall be tolled during the sixty calendar day period. For
the purposes of the applicable period of limitations, an action
commenced within five court days after the sixty calendar day period
has elapsed is deemed to have been presented on the first day after the
sixty calendar day period elapsed.
Sec. 6 RCW 8.26.085 and 2011 c 336 s 281 are each amended to read
as follows:
(1) The lead agency, after full consultation with the department of
((general administration)) enterprise services, shall adopt rules and
establish such procedures as the lead agency may determine to be
necessary to assure:
(a) That the payments and assistance authorized by this chapter are
administered in a manner that is fair and reasonable and as uniform as
practicable;
(b) That a displaced person who makes proper application for a
payment authorized for that person by this chapter is paid promptly
after a move or, in hardship cases, is paid in advance; and
(c) That a displaced person who is aggrieved by a program or
project that is under the authority of a state agency or local public
agency may have his or her application reviewed by the state agency or
local public agency.
(2) The lead agency, after full consultation with the department of
((general administration)) enterprise services, may adopt such other
rules and procedures, consistent with the provisions of this chapter,
as the lead agency deems necessary or appropriate to carry out this
chapter.
(3) State agencies and local public agencies shall comply with the
rules adopted pursuant to this section by April 2, 1989.
Sec. 7 RCW 15.24.086 and 1994 c 164 s 1 are each amended to read
as follows:
All such printing contracts provided for in this section ((and RCW
15.24.085)) shall be executed and performed under conditions of
employment which shall substantially conform to the laws of this state
respecting hours of labor, the minimum wage scale, and the rules and
regulations of the department of labor and industries regarding
conditions of employment, hours of labor, and minimum wages, and the
violation of such provision of any contract shall be ground for
cancellation thereof.
Sec. 8 RCW 15.64.060 and 2008 c 215 s 2 are each amended to read
as follows:
(1) A farm-to-school program is created within the department to
facilitate increased procurement of Washington grown food by schools.
(2) The department, in consultation with the department of health,
the office of the superintendent of public instruction, the department
of ((general administration)) enterprise services, and Washington State
University, shall, in order of priority:
(a) Identify and develop policies and procedures to implement and
evaluate the farm-to-school program, including coordinating with school
procurement officials, buying cooperatives, and other appropriate
organizations to develop uniform procurement procedures and materials,
and practical recommendations to facilitate the purchase of Washington
grown food by the common schools. These policies, procedures, and
recommendations shall be made available to school districts to adopt at
their discretion;
(b) Assist food producers, distributors, and food brokers to market
Washington grown food to schools by informing them of food procurement
opportunities, bid procedures, school purchasing criteria, and other
requirements;
(c) Assist schools in connecting with local producers by informing
them of the sources and availability of Washington grown food as well
as the nutritional, environmental, and economic benefits of purchasing
Washington grown food;
(d) Identify and recommend mechanisms that will increase the
predictability of sales for producers and the adequacy of supply for
purchasers;
(e) Identify and make available existing curricula, programs and
publications that educate students on the nutritional, environmental,
and economic benefits of preparing and consuming locally grown food;
(f) Support efforts to advance other farm-to-school connections
such as school gardens or farms and farm visits; and
(g) As resources allow, seek additional funds to leverage state
expenditures.
(3) The department in cooperation with the office of the
superintendent of public instruction shall collect data on the
activities conducted pursuant to chapter 215, Laws of 2008 and
communicate such data biennially to the appropriate committees of the
legislature beginning November 15, 2009. Data collected may include
the numbers of schools and farms participating and any increases in the
procurement of Washington grown food by the common schools.
(4) As used in this section, RCW 43.19.1905, 43.19.1906,
28A.335.190, and 28A.235.170, "Washington grown" means grown and packed
or processed in Washington.
Sec. 9 RCW 15.65.285 and 1972 ex.s. c 112 s 2 are each amended to
read as follows:
The restrictive provisions of chapter ((43.78)) 43.19 RCW((, as now
or hereafter amended,)) shall not apply to promotional printing and
literature for any commodity board.
Sec. 10 RCW 15.66.280 and 1972 ex.s. c 112 s 5 are each amended
to read as follows:
The restrictive provisions of chapter ((43.78)) 43.19 RCW ((as now
or hereafter amended)) shall not apply to promotional printing and
literature for any commission formed under this chapter.
Sec. 11 RCW 15.88.070 and 2010 c 8 s 6114 are each amended to
read as follows:
The powers and duties of the commission include:
(1) To elect a chair and such officers as the commission deems
advisable. The officers shall include a treasurer who is responsible
for all receipts and disbursements by the commission and the faithful
discharge of whose duties shall be guaranteed by a bond at the sole
expense of the commission. The commission shall adopt rules for its
own governance, which shall provide for the holding of an annual
meeting for the election of officers and transaction of other business
and for such other meetings as the commission may direct;
(2) To do all things reasonably necessary to effect the purposes of
this chapter. However, the commission shall have no legislative power;
(3) At the pleasure of the commission, to employ and discharge
managers, secretaries, agents, attorneys, and employees and to engage
the services of independent contractors as the commission deems
necessary, to prescribe their duties, and to fix their compensation;
(4) To receive donations of wine from wineries for promotional
purposes;
(5) To engage directly or indirectly in the promotion of Washington
wine, including without limitation the acquisition in any lawful manner
and the dissemination without charge of wine, which dissemination shall
not be deemed a sale for any purpose and in which dissemination the
commission shall not be deemed a wine producer, supplier, or
manufacturer of any kind or the clerk, servant, or agent of a producer,
supplier, or manufacturer of any kind. Such dissemination shall be for
agricultural development or trade promotion, which may include
promotional hosting and shall in the good faith judgment of the
commission be in aid of the marketing, advertising, or sale of wine, or
of research related to such marketing, advertising, or sale;
(6) To acquire and transfer personal and real property, establish
offices, incur expense, enter into contracts (including contracts for
creation and printing of promotional literature, which contracts shall
not be subject to chapter ((43.78)) 43.19 RCW, but which shall be
cancelable by the commission unless performed under conditions of
employment which substantially conform to the laws of this state and
the rules of the department of labor and industries). The commission
may create such debt and other liabilities as may be reasonable for
proper discharge of its duties under this chapter;
(7) To maintain such account or accounts with one or more qualified
public depositaries as the commission may direct, to cause moneys to be
deposited therein, and to expend moneys for purposes authorized by this
chapter by drafts made by the commission upon such institutions or by
other means;
(8) To cause to be kept and annually closed, in accordance with
generally accepted accounting principles, accurate records of all
receipts, disbursements, and other financial transactions, available
for audit by the state auditor;
(9) To create and maintain a list of producers and to disseminate
information among and solicit the opinions of producers with respect to
the discharge of the duties of the commission, directly or by
arrangement with trade associations or other instrumentalities;
(10) To employ, designate as agent, act in concert with, and enter
into contracts with any person, council, commission or other entity for
the purpose of promoting the general welfare of the vinifera grape
industry and particularly for the purpose of assisting in the sale and
distribution of Washington wine in domestic and foreign commerce,
expending moneys as it may deem necessary or advisable for such purpose
and for the purpose of paying its proportionate share of the cost of
any program providing direct or indirect assistance to the sale and
distribution of Washington wine in domestic or foreign commerce,
employing and paying for vendors of professional services of all kinds;
and
(11) To sue and be sued as a commission, without individual
liability for acts of the commission within the scope of the powers
conferred upon it by this chapter.
Sec. 12 RCW 15.89.070 and 2011 c 103 s 16 are each amended to
read as follows:
The commission shall:
(1) Elect a chair and officers. The officers must include a
treasurer who is responsible for all receipts and disbursements by the
commission and the faithful discharge of whose duties shall be
guaranteed by a bond at the sole expense of the commission. The
commission must adopt rules for its own governance that provide for the
holding of an annual meeting for the election of officers and the
transaction of other business and for other meetings the commission may
direct;
(2) Do all things reasonably necessary to effect the purposes of
this chapter. However, the commission has no rule-making power except
as provided in this chapter;
(3) Employ and discharge managers, secretaries, agents, attorneys,
and employees and engage the services of independent contractors;
(4) Retain, as necessary, the services of private legal counsel to
conduct legal actions on behalf of the commission. The retention of a
private attorney is subject to review by the office of the attorney
general;
(5) Receive donations of beer from producers for promotional
purposes under subsections (6) and (7) of this section and for fund-
raising purposes under subsection (8) of this section. Donations of
beer for promotional purposes may only be disseminated without charge;
(6) Engage directly or indirectly in the promotion of Washington
beer, including, without limitation, the acquisition in any lawful
manner and the dissemination without charge of beer. This
dissemination is not deemed a sale for any purpose and the commission
is not deemed a producer, supplier, or manufacturer, or the clerk,
servant, or agent of a producer, supplier, distributor, or
manufacturer. This dissemination without charge shall be for
agricultural development or trade promotion, and not for fund-raising
purposes under subsection (8) of this section. Dissemination for
promotional purposes may include promotional hosting and must in the
good faith judgment of the commission be in the aid of the marketing,
advertising, sale of beer, or of research related to such marketing,
advertising, or sale;
(7) Promote Washington beer by conducting unique beer tastings
without charge;
(8) Beginning July 1, 2007, fund the Washington beer commission
through sponsorship of up to twelve beer festivals annually at which
beer may be sold to festival participants. For this purpose, the
commission would qualify for issue of a special occasion license as an
exception to WAC 314-05-020 but must comply with laws under Title 66
RCW and rules adopted by the liquor control board under which such
events may be conducted;
(9) Participate in international, federal, state, and local
hearings, meetings, and other proceedings relating to the production,
regulation, distribution, sale, or use of beer including activities
authorized under RCW 42.17A.635, including the reporting of those
activities to the public disclosure commission;
(10) Acquire and transfer personal and real property, establish
offices, incur expenses, and enter into contracts, including contracts
for the creation and printing of promotional literature. The contracts
are not subject to chapter ((43.78)) 43.19 RCW, and are cancelable by
the commission unless performed under conditions of employment that
substantially conform to the laws of this state and the rules of the
department of labor and industries. The commission may create debt and
other liabilities that are reasonable for proper discharge of its
duties under this chapter;
(11) Maintain accounts with one or more qualified public
depositories as the commission may direct, for the deposit of money,
and expend money for purposes authorized by this chapter by drafts made
by the commission upon such institutions or by other means;
(12) Cause to be kept and annually closed, in accordance with
generally accepted accounting principles, accurate records of all
receipts, disbursements, and other financial transactions, available
for audit by the state auditor;
(13) Create and maintain a list of producers and disseminate
information among and solicit the opinions of producers with respect to
the discharge of the duties of the commission, directly or by
arrangement with trade associations or other instrumentalities;
(14) Employ, designate as an agent, act in concert with, and enter
into contracts with any person, council, commission, or other entity to
promote the general welfare of the beer industry and particularly to
assist in the sale and distribution of Washington beer in domestic and
foreign commerce. The commission shall expend money necessary or
advisable for this purpose and to pay its proportionate share of the
cost of any program providing direct or indirect assistance to the sale
and distribution of Washington beer in domestic or foreign commerce,
employing and paying for vendors of professional services of all kinds;
(15) Sue and be sued as a commission, without individual liability
for acts of the commission within the scope of the powers conferred
upon it by this chapter;
(16) Serve as liaison with the liquor control board on behalf of
the commission and not for any individual producer;
(17) 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 commission
and expend the same or any income therefrom according to the terms of
the gifts, grants, or endowments.
Sec. 13 RCW 15.100.080 and 2010 c 8 s 6115 are each amended to
read as follows:
The powers and duties of the commission include:
(1) To elect a chair and such officers as the commission deems
advisable. The commission shall adopt rules for its own governance,
which provide for the holding of an annual meeting for the election of
officers and transaction of other business and for such other meetings
as the commission may direct;
(2) To adopt any rules necessary to carry out the purposes of this
chapter, in conformance with chapter 34.05 RCW;
(3) To administer and do all things reasonably necessary to carry
out the purposes of this chapter;
(4) At the pleasure of the commission, to employ a treasurer who is
responsible for all receipts and disbursements by the commission and
the faithful discharge of whose duties shall be guaranteed by a bond at
the sole expense of the commission;
(5) At the pleasure of the commission, to employ and discharge
managers, secretaries, agents, attorneys, and employees and to engage
the services of independent contractors as the commission deems
necessary, to prescribe their duties, and to fix their compensation;
(6) To engage directly or indirectly in the promotion of Washington
forest products and managed forests, and shall in the good faith
judgment of the commission be in aid of the marketing, advertising, or
sale of forest products, or of research related to such marketing,
advertising, or sale of forest products, or of research related to
managed forests;
(7) To enforce the provisions of this chapter, including
investigating and prosecuting violations of this chapter;
(8) To acquire and transfer personal and real property, establish
offices, incur expense, and enter into contracts. Contracts for
creation and printing of promotional literature are not subject to
chapter ((43.78)) 43.19 RCW, but such contracts may be canceled by the
commission unless performed under conditions of employment which
substantially conform to the laws of this state and the rules of the
department of labor and industries. The commission may create such
debt and other liabilities as may be reasonable for proper discharge of
its duties under this chapter;
(9) To maintain such account or accounts with one or more qualified
public depositaries as the commission may direct, to cause moneys to be
deposited therein, and to expend moneys for purposes authorized by this
chapter by drafts made by the commission upon such institutions or by
other means;
(10) To cause to be kept and annually closed, in accordance with
generally accepted accounting principles, accurate records of all
receipts, disbursements, and other financial transactions, available
for audit by the state auditor;
(11) To create and maintain a list of producers and to disseminate
information among and solicit the opinions of producers with respect to
the discharge of the duties of the commission, directly or by
arrangement with trade associations or other instrumentalities;
(12) To employ, designate as agent, act in concert with, and enter
into contracts with any person, council, commission, or other entity
for the purpose of promoting the general welfare of the forest products
industry and particularly for the purpose of assisting in the sale and
distribution of Washington forest products in domestic and foreign
commerce, expending moneys as it may deem necessary or advisable for
such purpose and for the purpose of paying its proportionate share of
the cost of any program providing direct or indirect assistance to the
sale and distribution of Washington forest products in domestic or
foreign commerce, and employing and paying for vendors of professional
services of all kinds;
(13) To sue and be sued as a commission, without individual
liability for acts of the commission within the scope of the powers
conferred upon it by this chapter;
(14) To propose assessment levels for producers subject to
referendum approval under RCW 15.100.110; and
(15) To participate in federal and state agency hearings, meetings,
and other proceedings relating to the regulation, production,
manufacture, distribution, sale, or use of forest products.
Sec. 14 RCW 15.115.180 and 2009 c 33 s 19 are each amended to
read as follows:
(1) The restrictive provisions of chapter ((43.78)) 43.19 RCW do
not apply to promotional printing and literature for the commission.
(2) All promotional printing contracts entered into by the
commission must be executed and performed under conditions of
employment that substantially conform to the laws of this state
respecting hours of labor, the minimum wage scale, and the rules and
regulations of the department of labor and industries regarding
conditions of employment, hours of labor, and minimum wages, and the
violation of such a provision of any contract is grounds for
cancellation of the contract.
Sec. 15 RCW 17.15.020 and 1997 c 357 s 3 are each amended to read
as follows:
Each of the following state agencies or institutions shall
implement integrated pest management practices when carrying out the
agency's or institution's duties related to pest control:
(1) The department of agriculture;
(2) The state noxious weed control board;
(3) The department of ecology;
(4) The department of fish and wildlife;
(5) The department of transportation;
(6) The parks and recreation commission;
(7) The department of natural resources;
(8) The department of corrections;
(9) The department of ((general administration)) enterprise
services; and
(10) Each state institution of higher education, for the
institution's own building and grounds maintenance.
Sec. 16 RCW 19.27.097 and 2010 c 271 s 302 are each amended to
read as follows:
(1) Each applicant for a building permit of a building
necessitating potable water shall provide evidence of an adequate water
supply for the intended use of the building. Evidence may be in the
form of a water right permit from the department of ecology, a letter
from an approved water purveyor stating the ability to provide water,
or another form sufficient to verify the existence of an adequate water
supply. In addition to other authorities, the county or city may
impose conditions on building permits requiring connection to an
existing public water system where the existing system is willing and
able to provide safe and reliable potable water to the applicant with
reasonable economy and efficiency. An application for a water right
shall not be sufficient proof of an adequate water supply.
(2) Within counties not required or not choosing to plan pursuant
to RCW 36.70A.040, the county and the state may mutually determine
those areas in the county in which the requirements of subsection (1)
of this section shall not apply. The departments of health and ecology
shall coordinate on the implementation of this section. Should the
county and the state fail to mutually determine those areas to be
designated pursuant to this subsection, the county may petition the
department of ((general administration)) enterprise services to mediate
or, if necessary, make the determination.
(3) Buildings that do not need potable water facilities are exempt
from the provisions of this section. The department of ecology, after
consultation with local governments, may adopt rules to implement this
section, which may recognize differences between high-growth and low-growth counties.
Sec. 17 RCW 19.27.150 and 2010 c 271 s 303 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
((general administration)) enterprise services.
Sec. 18 RCW 19.27A.020 and 2010 c 271 s 304 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 ((general administration)) enterprise services as
provided in RCW 34.05.310 prior to publication of proposed rules. The
director of the department of ((general administration)) enterprise
services 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. 19 RCW 19.27A.190 and 2009 c 423 s 8 are each amended to
read as follows:
(1) The requirements of this section apply to the department of
((general administration)) enterprise services and other qualifying
state agencies only to the extent that specific appropriations are
provided to those agencies referencing chapter 423, Laws of 2009 or
chapter number and this section.
(2) By July 1, 2010, each qualifying public agency shall:
(a) Create an energy benchmark for each reporting public facility
using a portfolio manager;
(b) Report to ((general administration)) the department of
enterprise services, the environmental protection agency national
energy performance rating for each reporting public facility included
in the technical requirements for this rating; and
(c) Link all portfolio manager accounts to the state portfolio
manager master account to facilitate public reporting.
(3) By January 1, 2010, ((general administration)) the department
of enterprise services shall establish a state portfolio manager master
account. The account must be designed to provide shared reporting for
all reporting public facilities.
(4) By July 1, 2010, ((general administration)) the department of
enterprise services shall select a standardized portfolio manager
report for reporting public facilities. ((General administration)) The
department of enterprise services, in collaboration with the United
States environmental protection agency, shall make the standard report
of each reporting public facility available to the public through the
portfolio manager web site.
(5) ((General administration)) The department of enterprise
services shall prepare a biennial report summarizing the statewide
portfolio manager master account reporting data. The first report must
be completed by December 1, 2012. Subsequent reporting shall be
completed every two years thereafter.
(6) By July 1, 2010, ((general administration)) the department of
enterprise services shall develop a technical assistance program to
facilitate the implementation of a preliminary audit and the investment
grade energy audit. ((General administration)) The department of
enterprise services shall design the technical assistance program to
utilize audit services provided by utilities or energy services
contracting companies when possible.
(7) For a reporting public facility that is leased by the state
with a national energy performance rating score below seventy-five, a
qualifying public agency may not enter into a new lease or lease
renewal on or after January 1, 2010, unless:
(a) A preliminary audit has been conducted within the last two
years; and
(b) The owner or lessor agrees to perform an investment grade audit
and implement any cost-effective energy conservation measures within
the first two years of the lease agreement if the preliminary audit has
identified potential cost-effective energy conservation measures.
(8)(a) Except as provided in (b) of this subsection, for each
reporting public facility with a national energy performance rating
score below fifty, the qualifying public agency, in consultation with
((general administration)) the department of enterprise services, shall
undertake a preliminary energy audit by July 1, 2011. If potential
cost-effective energy savings are identified, an investment grade
energy audit must be completed by July 1, 2013. Implementation of
cost-effective energy conservation measures are required by July 1,
2016. For a major facility that is leased by a state agency, college,
or university, energy audits and implementation of cost-effective
energy conservation measures are required only for that portion of the
facility that is leased by the state agency, college, or university.
(b) A reporting public facility that is leased by the state is
deemed in compliance with (a) of this subsection if the qualifying
public agency has already complied with the requirements of subsection
(7) of this section.
(9) Schools are strongly encouraged to follow the provisions in
subsections (2) through (8) of this section.
(10) The director of the department of ((general administration))
enterprise services, in consultation with the affected state agencies
and the office of financial management, shall review the cost and
delivery of agency programs to determine the viability of relocation
when a facility leased by the state has a national energy performance
rating score below fifty. The department of ((general administration))
enterprise services shall establish a process to determine viability.
(11) ((General administration)) The department of enterprise
services, in consultation with the office of financial management,
shall develop a waiver process for the requirements in subsection (7)
of this section. The director of the office of financial management,
in consultation with ((general administration)) the department of
enterprise services, may waive the requirements in subsection (7) of
this section if the director determines that compliance is not cost-effective or feasible. The director of the office of financial
management shall consider the review conducted by the department of
((general administration)) enterprise services on the viability of
relocation as established in subsection (10) of this section, if
applicable, prior to waiving the requirements in subsection (7) of this
section.
(12) By July 1, 2011, ((general administration)) the department of
enterprise services shall conduct a review of facilities not covered by
the national energy performance rating. Based on this review,
((general administration)) the department of enterprise services shall
develop a portfolio of additional facilities that require preliminary
energy audits. For these facilities, the qualifying public agency, in
consultation with ((general administration)) the department of
enterprise services, shall undertake a preliminary energy audit by July
1, 2012. If potential cost-effective energy savings are identified, an
investment grade energy audit must be completed by July 1, 2013.
Sec. 20 RCW 19.34.100 and 1999 c 287 s 5 are each amended to read
as follows:
(1) To obtain or retain a license, a certification authority must:
(a) Provide proof of identity to the secretary;
(b) Employ only certified operative personnel in appropriate
positions;
(c) File with the secretary an appropriate, suitable guaranty,
unless the certification authority is a city or county that is self-insured or the ((department of information services)) consolidated
technology services agency;
(d) Use a trustworthy system;
(e) Maintain an office in this state or have established a
registered agent for service of process in this state; and
(f) Comply with all further licensing and practice requirements
established by rule by the secretary.
(2) The secretary may by rule create license classifications
according to specified limitations, and the secretary may issue
licenses restricted according to the limits of each classification.
(3) The secretary may impose license restrictions specific to the
practices of an individual certification authority. The secretary
shall set forth in writing and maintain as part of the certification
authority's license application file the basis for such license
restrictions.
(4) The secretary may revoke or suspend a certification authority's
license, in accordance with the administrative procedure act, chapter
34.05 RCW, for failure to comply with this chapter or for failure to
remain qualified under subsection (1) of this section. The secretary
may order the summary suspension of a license pending proceedings for
revocation or other action, which must be promptly instituted and
determined, if the secretary includes within a written order a finding
that the certification authority has either:
(a) Utilized its license in the commission of a violation of a
state or federal criminal statute or of chapter 19.86 RCW; or
(b) Engaged in conduct giving rise to a serious risk of loss to
public or private parties if the license is not immediately suspended.
(5) The secretary may recognize by rule the licensing or
authorization of certification authorities by other governmental
entities, in whole or in part, provided that those licensing or
authorization requirements are substantially similar to those of this
state. If licensing by another government is so recognized:
(a) RCW 19.34.300 through 19.34.350 apply to certificates issued by
the certification authorities licensed or authorized by that government
in the same manner as it applies to licensed certification authorities
of this state; and
(b) The liability limits of RCW 19.34.280 apply to the
certification authorities licensed or authorized by that government in
the same manner as they apply to licensed certification authorities of
this state.
(6) A certification authority that has not obtained a license is
not subject to the provisions of this chapter, except as specifically
provided.
Sec. 21 RCW 19.285.060 and 2007 c 1 s 6 are each amended to read
as follows:
(1) Except as provided in subsection (2) of this section, a
qualifying utility that fails to comply with the energy conservation or
renewable energy targets established in RCW 19.285.040 shall pay an
administrative penalty to the state of Washington in the amount of
fifty dollars for each megawatt-hour of shortfall. Beginning in 2007,
this penalty shall be adjusted annually according to the rate of change
of the inflation indicator, gross domestic product-implicit price
deflator, as published by the bureau of economic analysis of the United
States department of commerce or its successor.
(2) A qualifying utility that does not meet an annual renewable
energy target established in RCW 19.285.040(2) is exempt from the
administrative penalty in subsection (1) of this section for that year
if the commission for investor-owned utilities or the auditor for all
other qualifying utilities determines that the utility complied with
RCW 19.285.040(2) (d) or (i) or 19.285.050(1).
(3) A qualifying utility must notify its retail electric customers
in published form within three months of incurring a penalty regarding
the size of the penalty and the reason it was incurred.
(4) The commission shall determine if an investor-owned utility may
recover the cost of this administrative penalty in electric rates, and
may consider providing positive incentives for an investor-owned
utility to exceed the targets established in RCW 19.285.040.
(5) Administrative penalties collected under this chapter shall be
deposited into the energy independence act special account which is
hereby created. All receipts from administrative penalties collected
under this chapter must be deposited into the account. Expenditures
from the account may be used only for the purchase of renewable energy
credits or for energy conservation projects at public facilities, local
government facilities, community colleges, or state universities. The
state shall own and retire any renewable energy credits purchased using
moneys from the account. Only the director of ((general
administration)) enterprise services or the director's designee may
authorize expenditures from the account. The account is subject to
allotment procedures under chapter 43.88 RCW, but an appropriation is
not required for expenditures.
(6) For a qualifying utility that is an investor-owned utility, the
commission shall determine compliance with the provisions of this
chapter and assess penalties for noncompliance as provided in
subsection (1) of this section.
(7) For qualifying utilities that are not investor-owned utilities,
the auditor is responsible for auditing compliance with this chapter
and rules adopted under this chapter that apply to those utilities and
the attorney general is responsible for enforcing that compliance.
Sec. 22 RCW 27.34.075 and 1994 c 82 s 2 are each amended to read
as follows:
The provisions of chapter ((43.78)) 43.19 RCW shall not apply to
the printing of educational publications of the state historical
societies.
Sec. 23 RCW 27.34.410 and 2007 c 333 s 4 are each amended to read
as follows:
(1) The heritage barn preservation fund is created as an account in
the state treasury. All receipts from appropriations and private
sources must be deposited into the account. Moneys in the account may
be spent only after appropriation. Expenditures from the account may
be used only to provide assistance to owners of heritage barns in
Washington state in the stabilization and restoration of their barns so
that these historic properties may continue to serve the community.
(2) The department shall minimize the amount of funds that are used
for program administration, which shall include consultation with the
department of ((general administration's)) enterprise services'
barrier-free facilities program for input regarding accessibility for
people with disabilities where public access to historic barns is
permitted.
(3) The primary public benefit of funding through the heritage barn
preservation program is the preservation and enhancement of significant
historic properties that provide economic benefit to the state's
citizens and enrich communities throughout the state.
Sec. 24 RCW 27.48.040 and 1999 c 343 s 2 are each amended to read
as follows:
(1) Unless the context clearly requires otherwise, the definitions
in this section apply throughout this section.
(a) "State capitol group" includes the legislative building, the
insurance building, the Cherberg building, the John L. O'Brien
building, the Newhouse building, and the temple of justice building.
(b) "Historic furnishings" means furniture, fixtures, and artwork
fifty years of age or older.
(2) The capitol furnishings preservation committee is established
to promote and encourage the recovery and preservation of the original
and historic furnishings of the state capitol group, prevent future
loss of historic furnishings, and review and advise future remodeling
and restoration projects as they pertain to historic furnishings. The
committee's authority does not extend to the placement of any historic
furnishings within the state capitol group.
(3) The capitol furnishings preservation committee account is
created in the custody of the state treasurer. All receipts designated
for the account from appropriations and from other sources must be
deposited into the account. Expenditures from the account may be used
only to finance the activities of the capitol furnishings preservation
committee. Only the director of the Washington state historical
society or the director's designee may authorize expenditures from the
account when authorized to do so by the committee. The account is
subject to allotment procedures under chapter 43.88 RCW, but an
appropriation is not required for expenditures.
(4) The committee may:
(a) Authorize the director of the Washington state historical
society or the director's designee to expend funds from the capitol
furnishings preservation committee account for limited purposes of
purchasing and preserving historic furnishings of the state capitol
group;
(b) Accept monetary donations, grants, and donations of historic
furnishings from, but not limited to, (i) current and former
legislators, state officials, and lobbyists; (ii) the families of
former legislators, state officials, and lobbyists; and (iii) the
general public. Moneys received under this section must be deposited
in the capitol furnishings preservation committee account; and
(c) Engage in or encourage fund-raising activities including the
solicitation of charitable gifts, grants, or donations specifically for
the limited purpose of the recovery of the original and historic
furnishings.
(5) The membership of the committee shall include: Two members of
the house of representatives, one from each major caucus, appointed by
the speaker of the house of representatives; two members of the senate,
one from each major caucus, appointed by the president of the senate;
the chief clerk of the house of representatives; the secretary of the
senate; the governor or the governor's designee; the lieutenant
governor or the lieutenant governor's designee; a representative from
the office of the secretary of state, the office of the state
treasurer, the office of the state auditor, and the office of the
insurance commissioner; a representative from the supreme court; a
representative from the Washington state historical society, the
department of ((general administration)) enterprise services, and the
Thurston county planning council, each appointed by the governor; and
three private citizens, appointed by the governor.
(6) Original or historic furnishings from the state capitol group
are not surplus property under chapter 43.19 RCW or other authority
unless designated as such by the committee.
Sec. 25 RCW 28A.150.530 and 2006 c 263 s 326 are each amended to
read as follows:
(1) In adopting implementation rules, the superintendent of public
instruction, in consultation with the department of ((general
administration)) enterprise services, shall review and modify the
current requirement for an energy conservation report review by the
department of ((general administration)) enterprise services as
provided in WAC 180-27-075.
(2) In adopting implementation rules, the superintendent of public
instruction shall:
(a) Review and modify the current requirements for value
engineering, constructibility review, and building commissioning as
provided in WAC 180-27-080;
(b) Review private and public utility providers' capacity and
financial/technical assistance programs for affected public school
districts to monitor and report utility consumption for purposes of
reporting to the superintendent of public instruction as provided in
RCW 39.35D.040;
(c) Coordinate with the department of ((general administration))
enterprise services, the state board of health, the department of
ecology, federal agencies, and other affected agencies as appropriate
in their consideration of rules to implement this section.
Sec. 26 RCW 28A.335.300 and 1991 c 297 s 18 are each amended to
read as follows:
Every school board of directors shall consider the purchase of
playground matting manufactured from shredded waste tires in
undertaking construction or maintenance of playgrounds. The department
of ((general administration)) enterprise services shall upon request
assist in the development of product specifications and vendor
identification.
Sec. 27 RCW 28B.10.400 and 2011 1st sp.s. c 47 s 2 are each
amended to read as follows:
(1) The boards of regents of the state universities, the boards of
trustees of the regional universities and of The Evergreen State
College, the state board for community and technical colleges, and the
higher education coordinating board are authorized and empowered:
(a) To assist the faculties and such other employees exempt from
civil service pursuant to RCW 41.06.070 (1)(((cc))) (z) and (2) as any
such board may designate in the purchase of old age annuities or
retirement income plans under such rules as any such board may
prescribe, subject to the restrictions in subsection (2) of this
section. County agricultural agents, home demonstration agents, 4-H
club agents, and assistant county agricultural agents paid jointly by
the Washington State University and the several counties shall be
deemed to be full-time employees of the Washington State University for
the purposes of this section;
(b) To provide, under such rules as any such board may prescribe
for the faculty members or other employees exempt from civil service
pursuant to RCW 41.06.070 (1)(((cc))) (z) and (2) under its
supervision, for the retirement of any such faculty member or other
exempt employee on account of age or condition of health, retirement on
account of age to be not earlier than the sixty-fifth birthday:
PROVIDED, That such faculty member or such other exempt employee may
elect to retire at the earliest age specified for retirement by federal
social security law: PROVIDED FURTHER, That any supplemental payment
authorized by (c) of this subsection and paid as a result of retirement
earlier than age sixty-five shall be at an actuarially reduced rate;
and shall be provided only to those persons who participate in an
annuity or retirement income plan under (a) of this subsection prior to
July 1, 2011;
(c) To pay only to those persons who participate in an annuity or
retirement income plan under (a) of this subsection prior to July 1,
2011, or to his or her designated beneficiary(s), each year after his
or her retirement, a supplemental amount which, when added to the
amount of such annuity or retirement income plan, or retirement income
benefit pursuant to RCW 28B.10.415, received by the retired person or
the retired person's designated beneficiary(s) in such year, will not
exceed fifty percent of the average annual salary paid to such retired
person for his or her highest two consecutive years of full-time
service under an annuity or retirement income plan established pursuant
to (a) of this subsection at an institution of higher education:
PROVIDED, HOWEVER, That if such retired person prior to retirement
elected a supplemental payment survivors option, any such supplemental
payments to such retired person or the retired person's designated
beneficiary(s) shall be at actuarially reduced rates: PROVIDED
FURTHER, That if a faculty member or other employee of an institution
of higher education who is a participant in a retirement plan
authorized by this section dies, or has died before retirement but
after becoming eligible for retirement on account of age, the
designated beneficiary(s) shall be entitled to receive the supplemental
payment authorized by this subsection to which such designated
beneficiary(s) would have been entitled had said deceased faculty
member or other employee retired on the date of death after electing a
supplemental payment survivors option: PROVIDED FURTHER, That for the
purpose of this subsection, the designated beneficiary(s) shall be (i)
the surviving spouse of the retiree; or, (ii) with the written consent
of such spouse, if any, such other person or persons as shall have an
insurable interest in the retiree's life and shall have been nominated
by written designation duly executed and filed with the retiree's
institution of higher education.
(2) Boards are prohibited from offering a purchased annuity or
retirement income plan authorized under this section to employees hired
on or after July 1, 2011, who have retired or are eligible to retire
from a public employees' retirement system described in RCW 41.50.030.
The higher education coordinating board shall only offer participation
in a purchased annuity or retirement income plan authorized under this
section to employees who have previously contributed premiums to a
similar qualified plan.
(3) During the 2011 legislative interim, the select committee on
pension policy shall evaluate the suitability and necessity of the
annuity and retirement plans authorized under this chapter for
employees in various positions within higher education institutions.
The select committee shall report its findings, including any
recommendations for restrictions on future plan membership, to the ways
and means committees of the house of representatives and the senate no
later than December 31, 2011.
Sec. 28 RCW 28B.10.405 and 2011 1st sp.s. c 47 s 3 are each
amended to read as follows:
Members of the faculties and such other employees exempt from civil
service pursuant to RCW 41.06.070 (1)(((cc))) (z) and (2) as are
designated by the boards of regents of the state universities, the
boards of trustees of the regional universities and of The Evergreen
State College, the higher education coordinating board, or the state
board for community and technical colleges who do not opt to become
members of the teachers' retirement system or the public employees'
retirement system under RCW 41.32.836 or 41.40.798, or who are not
prevented from participation in an annuity or retirement plan under RCW
28B.10.400(2) shall be required to contribute not less than five
percent of their salaries during each year of full-time service after
the first two years of such service toward the purchase of such annuity
or retirement income plan; such contributions may be in addition to
federal social security tax contributions, if any.
Sec. 29 RCW 28B.10.417 and 2011 1st sp.s. c 47 s 6 are each
amended to read as follows:
(1) This section applies only to those persons who are first
employed by a higher education institution in a position eligible for
participation in an annuity or retirement program under RCW 28B.10.400
prior to July 1, 2011.
(2) A faculty member or other employee exempt from civil service
pursuant to RCW 41.06.070 (1)(((cc))) (z) and (2) designated by the
board of trustees of the applicable regional university or of The
Evergreen State College as being subject to an annuity or retirement
income plan and who, at the time of such designation, is a member of
the Washington state teachers' retirement system, shall retain credit
for such service in the Washington state teachers' retirement system
and, except as provided in subsection (3) of this section, shall leave
his or her accumulated contributions in the teachers' retirement fund.
Upon his or her attaining eligibility for retirement under the
Washington state teachers' retirement system, such faculty member or
other employee shall receive from the Washington state teachers'
retirement system a retirement allowance consisting of an annuity which
shall be the actuarial equivalent of his or her accumulated
contributions at his or her age when becoming eligible for such
retirement and a pension for each year of creditable service
established and retained at the time of said designation as provided in
RCW 41.32.497. Anyone who on July 1, 1967, was receiving pension
payments from the teachers' retirement system based on thirty-five
years of creditable service shall thereafter receive a pension based on
the total years of creditable service established with the retirement
system: PROVIDED, HOWEVER, That any such faculty member or other
employee exempt from civil service pursuant to RCW 41.06.070
(1)(((cc))) (z) and (2) who, upon attainment of eligibility for
retirement under the Washington state teachers' retirement system, is
still engaged in public educational employment, shall not be eligible
to receive benefits under the Washington state teachers' retirement
system until he or she ceases such public educational employment. Any
retired faculty member or other employee who enters service in any
public educational institution shall cease to receive pension payments
while engaged in such service: PROVIDED FURTHER, That such service may
be rendered up to seventy-five days in a school year without reduction
of pension.
(3) A faculty member or other exempt employee designated by the
board of trustees of the applicable regional university or of The
Evergreen State College as being subject to the annuity and retirement
income plan and who, at the time of such designation, is a member of
the Washington state teachers' retirement system may, at his or her
election and at any time, on and after midnight June 10, 1959,
terminate his or her membership in the Washington state teachers'
retirement system and withdraw his or her accumulated contributions and
interest in the teachers' retirement fund upon written application to
the board of trustees of the Washington state teachers' retirement
system. Faculty members or other employees who withdraw their
accumulated contributions, on and after the date of withdrawal of
contributions, shall no longer be members of the Washington state
teachers' retirement system and shall forfeit all rights of membership,
including pension benefits, theretofore acquired under the Washington
state teachers' retirement system.
Sec. 30 RCW 28B.50.360 and 2011 1st sp.s. c 48 s 7025 are each
amended to read as follows:
Within thirty-five days from the date of start of each quarter all
collected building fees of each such community and technical college
shall be paid into the state treasury, and shall be credited as
follows:
(1) On or before June 30th of each year the college board if
issuing bonds payable out of building fees shall certify to the state
treasurer the amounts required in the ensuing twelve-month period to
pay and secure the payment of the principal of and interest on such
bonds. The state treasurer shall thereupon deposit the amounts so
certified in the community and technical college capital projects
account. Such amounts of the funds deposited in the community and
technical college capital projects account as are necessary to pay and
secure the payment of the principal of and interest on the building
bonds issued by the college board as authorized by this chapter shall
be devoted to that purpose. If in any twelve-month period it shall
appear that the amount certified by the college board is insufficient
to pay and secure the payment of the principal of and interest on the
outstanding building bonds, the state treasurer shall notify the
college board and such board shall adjust its certificate so that all
requirements of moneys to pay and secure the payment of the principal
and interest on all such bonds then outstanding shall be fully met at
all times.
(2) The community and technical college capital projects account is
hereby created in the state treasury. The sums deposited in the
capital projects account shall be appropriated and expended to pay and
secure the payment of the principal of and interest on bonds payable
out of the building fees and for the construction, reconstruction,
erection, equipping, maintenance, demolition and major alteration of
buildings and other capital assets owned by the state board for
community and technical colleges in the name of the state of
Washington, and the acquisition of sites, rights-of-way, easements,
improvements or appurtenances in relation thereto, engineering and
architectural services provided by the department of ((general
administration)) enterprise services, and for the payment of principal
of and interest on any bonds issued for such purposes. During the
2011-2013 biennium, sums in the capital projects account shall also be
used for routine facility maintenance and utility costs.
(3) Funds available in the community and technical college capital
projects account may also be used for certificates of participation
under chapter 39.94 RCW.
Sec. 31 RCW 29A.08.785 and 2004 c 267 s 140 are each amended to
read as follows:
In developing the technical standards of data formats for
transferring voter registration data, the secretary shall consult with
the ((information services board)) office of the chief information
officer. The ((board)) office shall review and make recommendations
regarding proposed technical standards prior to implementation.
Sec. 32 RCW 29A.12.170 and 2004 c 267 s 321 are each amended to
read as follows:
In developing technical standards for voting technology and systems
to be accessible for individuals with disabilities, the secretary shall
consult with the ((information services board)) office of the chief
information officer. The ((board)) office shall review and make
recommendations regarding proposed technical standards prior to
implementation.
Sec. 33 RCW 35.21.779 and 1995 c 399 s 39 are each amended to
read as follows:
(1) In cities or towns where the estimated value of state-owned
facilities constitutes ten percent or more of the total assessed
valuation, the state agency or institution owning the facilities shall
contract with the city or town to pay an equitable share for fire
protection services. The contract shall be negotiated as provided in
subsections (2) through (6) of this section and shall provide for
payment by the agency or institution to the city or town.
(2) A city or town seeking to enter into fire protection contract
negotiations shall provide written notification to the department of
((community, trade, and economic development)) commerce and the state
agencies or institutions that own property within the jurisdiction, of
its intent to contract for fire protection services. Where there are
multiple state agencies located within a single jurisdiction, a city
may choose to notify only the department of ((community, trade, and
economic development)) commerce, which in turn shall notify the
agencies or institution that own property within the jurisdiction of
the city's intent to contract for fire protection services. Any such
notification shall be based on the valuation procedures, based on
commonly accepted standards, adopted by the department of ((community,
trade, and economic development)) commerce in consultation with the
department of ((general administration)) enterprise services and the
association of Washington cities.
(3) The department of ((community, trade, and economic
development)) commerce shall review any such notification to ensure
that the valuation procedures and results are accurate. The department
will notify each affected city or town and state agency or institution
of the results of their review within thirty days of receipt of
notification.
(4) The parties negotiating fire protection contracts under this
section shall conduct those negotiations in good faith. Whenever there
are multiple state agencies located within a single jurisdiction, every
effort shall be made by the state to consolidate negotiations on behalf
of all affected agencies.
(5) In the event of notification by one of the parties that an
agreement cannot be reached on the terms and conditions of a fire
protection contract, the director of the department of ((community,
trade, and economic development)) commerce shall mediate a resolution
of the disagreement. In the event of a continued impasse, the director
of the department of ((community, trade, and economic development))
commerce shall recommend a resolution.
(6) If the parties reject the recommendation of the director and an
impasse continues, the director shall direct the parties to
arbitration. The parties shall agree on a neutral arbitrator, and the
fees and expenses of the arbitrator shall be shared equally between the
parties. The arbitration shall be a final offer, total arbitration,
with the arbitrator empowered only to pick the final offer of one of
the parties or the recommended resolution by the director of the
department of ((community, trade, and economic development)) commerce.
The decision of the arbitrator shall be final, binding, and
nonappealable on the parties.
(7) The provisions of this section shall not apply if a city or
town and a state agency or institution have contracted pursuant to RCW
35.21.775.
(8) The provisions of this section do not apply to cities and towns
not meeting the conditions in subsection (1) of this section. Cities
and towns not meeting the conditions of subsection (1) of this section
may enter into contracts pursuant to RCW 35.21.775.
Sec. 34 RCW 35.68.076 and 1989 c 175 s 84 are each amended to
read as follows:
The department of ((general administration)) enterprise services
shall, pursuant to chapter 34.05 RCW, the Administrative Procedure Act,
adopt several suggested model design, construction, or location
standards to aid counties, cities, and towns in constructing curb ramps
to allow reasonable access to the crosswalk for ((physically
handicapped)) persons with physical disabilities without uniquely
endangering blind persons. The department of ((general
administration)) enterprise services shall consult with ((handicapped))
persons with physical disabilities, blind persons, counties, cities,
and the state building code council in adopting the suggested
standards.
Sec. 35 RCW 35A.65.010 and 1967 ex.s. c 119 s 35A.65.010 are each
amended to read as follows:
All printing, binding and stationery work done for any code city
shall be done within the state and all proposals, requests and
invitations to submit bids, prices or contracts thereon and all
contracts for such work shall so stipulate subject to the limitations
contained in RCW ((43.78.130)) 43.19.748 and 35.23.352.
Sec. 36 RCW 36.28A.070 and 2003 c 102 s 3 are each amended to
read as follows:
(1) The Washington association of sheriffs and police chiefs in
consultation with the Washington state emergency management office, the
Washington association of county officials, the Washington association
of cities, the ((information services board)) office of the chief
information officer, the Washington state fire chiefs' association, and
the Washington state patrol shall convene a committee to establish
guidelines related to the statewide first responder building mapping
information system. The committee shall have the following
responsibilities:
(a) Develop the type of information to be included in the statewide
first responder building mapping information system. The information
shall include, but is not limited to: Floor plans, fire protection
information, evacuation plans, utility information, known hazards, and
text and digital images showing emergency personnel contact
information;
(b) Develop building mapping software standards that must be
utilized by all entities participating in the statewide first responder
building mapping information system;
(c) Determine the order in which buildings shall be mapped when
funding is received;
(d) Develop guidelines on how the information shall be made
available. These guidelines shall include detailed procedures and
security systems to ensure that the information is only made available
to the government entity that either owns the building or is responding
to an incident at the building;
(e) Recommend training guidelines regarding using the statewide
first responder building mapping information system to the criminal
justice training commission and the Washington state patrol fire
protection bureau.
(2)(a) Nothing in this section supersedes the authority of the
((information services board)) office of the chief information officer
under chapter 43.105 RCW.
(b) Nothing in this section supersedes the authority of state
agencies and local governments to control and maintain access to
information within their independent systems.
Sec. 37 RCW 37.14.010 and 1985 c 57 s 20 are each amended to read
as follows:
Solely for the purpose of providing a matching grant for the
planning, design, acquisition, construction, furnishing, equipping,
remodeling, and landscaping of a regional Indian cultural, educational,
tourist, and economic development facility designated as the "people's
lodge," the state finance committee is authorized to issue general
obligation bonds of the state of Washington in the sum of one million
dollars or so much thereof as shall be required to finance that portion
of the grant by the state for said project as is set forth by
appropriation from the Indian cultural center construction account in
the state treasury for such purposes, to be paid and discharged within
thirty years of the date of issuance in accordance with Article VIII,
section 1 of the Constitution of the state of Washington. All earnings
of investments of balances in the Indian cultural center construction
account shall be credited to the general fund.
If one hundred fifteen thousand dollars or more in additional
federal and/or private funding is not secured within five years of
September 1, 1979, and applied toward the completion of the "people's
lodge," ownership of the property and/or facility developed with the
proceeds of the bonds issued under this section shall be transferred to
the state. Expenditure of these bond proceeds shall be conditioned on
prior approval by the director of ((general administration)) enterprise
services of any real estate acquisitions and of construction plans for
any building and/or grounds projects. The director's approval shall be
based on a finding that any real estate to be acquired is appraised at
or above the purchase price, that any construction plans for building
and/or grounds projects provide for completion of any facilities
contemplated therein, and that there are funds in an amount sufficient
to finish the project so that it is fully operational for its intended
uses.
The state finance committee is authorized to prescribe the form of
such bonds, the time of sale of all or any portion or portions of such
bonds, and the conditions of sale and issuance thereof.
Each such bond and bond anticipation note shall pledge the full
faith and credit of the state of Washington and contain an
unconditional promise to pay the principal and interest when due. The
committee may provide that the bonds, or any of them, may be called
prior to the due date thereof under such terms and conditions as it may
determine. The state finance committee may authorize the use of
facsimile signatures in the issuance of the bonds.
Sec. 38 RCW 39.04.155 and 2009 c 74 s 1 are each amended to read
as follows:
(1) This section provides uniform small works roster provisions to
award contracts for construction, building, renovation, remodeling,
alteration, repair, or improvement of real property that may be used by
state agencies and by any local government that is expressly authorized
to use these provisions. These provisions may be used in lieu of other
procedures to award contracts for such work with an estimated cost of
three hundred thousand dollars or less. The small works roster process
includes the limited public works process authorized under subsection
(3) of this section and any local government authorized to award
contracts using the small works roster process under this section may
award contracts using the limited public works process under subsection
(3) of this section.
(2)(a) A state agency or authorized local government may create a
single general small works roster, or may create a small works roster
for different specialties or categories of anticipated work. Where
applicable, small works rosters may make distinctions between
contractors based upon different geographic areas served by the
contractor. The small works roster or rosters shall consist of all
responsible contractors who have requested to be on the list, and where
required by law are properly licensed or registered to perform such
work in this state. A state agency or local government establishing a
small works roster or rosters may require eligible contractors desiring
to be placed on a roster or rosters to keep current records of any
applicable licenses, certifications, registrations, bonding, insurance,
or other appropriate matters on file with the state agency or local
government as a condition of being placed on a roster or rosters. At
least once a year, the state agency or local government shall publish
in a newspaper of general circulation within the jurisdiction a notice
of the existence of the roster or rosters and solicit the names of
contractors for such roster or rosters. In addition, responsible
contractors shall be added to an appropriate roster or rosters at any
time they submit a written request and necessary records. Master
contracts may be required to be signed that become effective when a
specific award is made using a small works roster.
(b) A state agency establishing a small works roster or rosters
shall adopt rules implementing this subsection. A local government
establishing a small works roster or rosters shall adopt an ordinance
or resolution implementing this subsection. Procedures included in
rules adopted by the department of ((general administration))
enterprise services in implementing this subsection must be included in
any rules providing for a small works roster or rosters that is adopted
by another state agency, if the authority for that state agency to
engage in these activities has been delegated to it by the department
of ((general administration)) enterprise services under chapter 43.19
RCW. An interlocal contract or agreement between two or more state
agencies or local governments establishing a small works roster or
rosters to be used by the parties to the agreement or contract must
clearly identify the lead entity that is responsible for implementing
the provisions of this subsection.
(c) Procedures shall be established for securing telephone,
written, or electronic quotations from contractors on the appropriate
small works roster to assure that a competitive price is established
and to award contracts to the lowest responsible bidder, as defined in
RCW 39.04.010. Invitations for quotations shall include an estimate of
the scope and nature of the work to be performed as well as materials
and equipment to be furnished. However, detailed plans and
specifications need not be included in the invitation. This subsection
does not eliminate other requirements for architectural or engineering
approvals as to quality and compliance with building codes. Quotations
may be invited from all appropriate contractors on the appropriate
small works roster. As an alternative, quotations may be invited from
at least five contractors on the appropriate small works roster who
have indicated the capability of performing the kind of work being
contracted, in a manner that will equitably distribute the opportunity
among the contractors on the appropriate roster. However, if the
estimated cost of the work is from one hundred fifty thousand dollars
to three hundred thousand dollars, a state agency or local government
that chooses to solicit bids from less than all the appropriate
contractors on the appropriate small works roster must also notify the
remaining contractors on the appropriate small works roster that
quotations on the work are being sought. The government has the sole
option of determining whether this notice to the remaining contractors
is made by: (i) Publishing notice in a legal newspaper in general
circulation in the area where the work is to be done; (ii) mailing a
notice to these contractors; or (iii) sending a notice to these
contractors by facsimile or other electronic means. For purposes of
this subsection (2)(c), "equitably distribute" means that a state
agency or local government soliciting bids may not favor certain
contractors on the appropriate small works roster over other
contractors on the appropriate small works roster who perform similar
services.
(d) A contract awarded from a small works roster under this section
need not be advertised.
(e) Immediately after an award is made, the bid quotations obtained
shall be recorded, open to public inspection, and available by
telephone inquiry.
(3) In lieu of awarding contracts under subsection (2) of this
section, a state agency or authorized local government may award a
contract for work, construction, alteration, repair, or improvement
projects estimated to cost less than thirty-five thousand dollars using
the limited public works process provided under this subsection.
Public works projects awarded under this subsection are exempt from the
other requirements of the small works roster process provided under
subsection (2) of this section and are exempt from the requirement that
contracts be awarded after advertisement as provided under RCW
39.04.010.
For limited public works projects, a state agency or authorized
local government shall solicit electronic or written quotations from a
minimum of three contractors from the appropriate small works roster
and shall award the contract to the lowest responsible bidder as
defined under RCW 39.04.010. After an award is made, the quotations
shall be open to public inspection and available by electronic request.
A state agency or authorized local government shall attempt to
distribute opportunities for limited public works projects equitably
among contractors willing to perform in the geographic area of the
work. A state agency or authorized local government shall maintain a
list of the contractors contacted and the contracts awarded during the
previous twenty-four months under the limited public works process,
including the name of the contractor, the contractor's registration
number, the amount of the contract, a brief description of the type of
work performed, and the date the contract was awarded. For limited
public works projects, a state agency or authorized local government
may waive the payment and performance bond requirements of chapter
39.08 RCW and the retainage requirements of chapter 60.28 RCW, thereby
assuming the liability for the contractor's nonpayment of laborers,
mechanics, subcontractors, materialpersons, suppliers, and taxes
imposed under Title 82 RCW that may be due from the contractor for the
limited public works project, however the state agency or authorized
local government shall have the right of recovery against the
contractor for any payments made on the contractor's behalf.
(4) The breaking of any project into units or accomplishing any
projects by phases is prohibited if it is done for the purpose of
avoiding the maximum dollar amount of a contract that may be let using
the small works roster process or limited public works process.
(5)(a) A state agency or authorized local government may use the
limited public works process of subsection (3) of this section to
solicit and award small works roster contracts to small businesses that
are registered contractors with gross revenues under one million
dollars annually as reported on their federal tax return.
(b) A state agency or authorized local government may adopt
additional procedures to encourage small businesses that are registered
contractors with gross revenues under two hundred fifty thousand
dollars annually as reported on their federal tax returns to submit
quotations or bids on small works roster contracts.
(6) As used in this section, "state agency" means the department of
((general administration)) enterprise services, the state parks and
recreation commission, the department of natural resources, the
department of fish and wildlife, the department of transportation, any
institution of higher education as defined under RCW 28B.10.016, and
any other state agency delegated authority by the department of
((general administration)) enterprise services to engage in
construction, building, renovation, remodeling, alteration,
improvement, or repair activities.
Sec. 39 RCW 39.04.220 and 1996 c 18 s 5 are each amended to read
as follows:
(1) In addition to currently authorized methods of public works
contracting, and in lieu of the requirements of RCW 39.04.010 and
39.04.020 through 39.04.060, capital projects funded for over ten
million dollars authorized by the legislature for the department of
corrections to construct or repair facilities may be accomplished under
contract using the general contractor/construction manager method
described in this section. In addition, the general
contractor/construction manager method may be used for up to two
demonstration projects under ten million dollars for the department of
corrections. Each demonstration project shall aggregate capital
projects authorized by the legislature at a single site to total no
less than three million dollars with the approval of the office of
financial management. The department of ((general administration))
enterprise services shall present its plan for the aggregation of
projects under each demonstration project to the oversight advisory
committee established under subsection (2) of this section prior to
soliciting proposals for general contractor/construction manager
services for the demonstration project.
(2) For the purposes of this section, "general
contractor/construction manager" means a firm with which the department
of ((general administration)) enterprise services has selected and
negotiated a maximum allowable construction cost to be guaranteed by
the firm, after competitive selection through a formal advertisement,
and competitive bids to provide services during the design phase that
may include life-cycle cost design considerations, value engineering,
scheduling, cost estimating, constructability, alternative construction
options for cost savings, and sequencing of work, and to act as the
construction manager and general contractor during the construction
phase. The department of ((general administration)) enterprise
services shall establish an independent oversight advisory committee
with representatives of interest groups with an interest in this
subject area, the department of corrections, and the private sector, to
review selection and contracting procedures and contracting documents.
The oversight advisory committee shall discuss and review the progress
of the demonstration projects. The general contractor/construction
manager method is limited to projects authorized on or before July 1,
1997.
(3) Contracts for the services of a general contractor/construction
manager awarded under the authority of this section shall be awarded
through a competitive process requiring the public solicitation of
proposals for general contractor/construction manager services.
Minority and women enterprise total project goals shall be specified in
the bid instructions to the general contractor/construction manager
finalists. The director of ((general administration)) enterprise
services is authorized to include an incentive clause in any contract
awarded under this section for savings of either time or cost or both
from that originally negotiated. No incentives granted shall exceed
five percent of the maximum allowable construction cost. The director
of ((general administration)) enterprise services or his or her
designee shall establish a committee to evaluate the proposals
considering such factors as: Ability of professional personnel; past
performance in negotiated and complex projects; ability to meet time
and budget requirements; location; recent, current, and projected
workloads of the firm; and the concept of their proposal. After the
committee has selected the most qualified finalists, these finalists
shall submit sealed bids for the percent fee, which is the percentage
amount to be earned by the general contractor/construction manager as
overhead and profit, on the estimated maximum allowable construction
cost and the fixed amount for the detailed specified general conditions
work. The maximum allowable construction cost may be negotiated
between the department of ((general administration)) enterprise
services and the selected firm after the scope of the project is
adequately determined to establish a guaranteed contract cost for which
the general contractor/construction manager will provide a performance
and payment bond. The guaranteed contract cost includes the fixed
amount for the detailed specified general conditions work, the
negotiated maximum allowable construction cost, the percent fee on the
negotiated maximum allowable construction cost, and sales tax. If the
department of ((general administration)) enterprise services is unable
to negotiate a satisfactory maximum allowable construction cost with
the firm selected that the department of ((general administration))
enterprise services determines to be fair, reasonable, and within the
available funds, negotiations with that firm shall be formally
terminated and the department of ((general administration)) enterprise
services shall negotiate with the next low bidder and continue until an
agreement is reached or the process is terminated. If the maximum
allowable construction cost varies more than fifteen percent from the
bid estimated maximum allowable construction cost due to requested and
approved changes in the scope by the state, the percent fee shall be
renegotiated. All subcontract work shall be competitively bid with
public bid openings. Specific contract requirements for women and
minority enterprise participation shall be specified in each
subcontract bid package that exceeds ten percent of the department's
estimated project cost. All subcontractors who bid work over two
hundred thousand dollars shall post a bid bond and the awarded
subcontractor shall provide a performance and payment bond for their
contract amount if required by the general contractor/construction
manager. A low bidder who claims error and fails to enter into a
contract is prohibited from bidding on the same project if a second or
subsequent call for bids is made for the project. Bidding on
subcontract work by the general contractor/construction manager or its
subsidiaries is prohibited. The general contractor/construction
manager may negotiate with the low-responsive bidder only in accordance
with RCW 39.04.015 or, if unsuccessful in such negotiations, rebid.
(4) If the project is completed for less than the agreed upon
maximum allowable construction cost, any savings not otherwise
negotiated as part of an incentive clause shall accrue to the state.
If the project is completed for more than the agreed upon maximum
allowable construction cost, excepting increases due to any contract
change orders approved by the state, the additional cost shall be the
responsibility of the general contractor/construction manager.
(5) The powers and authority conferred by this section shall be
construed as in addition and supplemental to powers or authority
conferred by any other law, and nothing contained in this section may
be construed as limiting any other powers or authority of the
department of ((general administration)) enterprise services. However,
all actions taken pursuant to the powers and authority granted to the
director or the department of ((general administration)) enterprise
services under this section may only be taken with the concurrence of
the department of corrections.
Sec. 40 RCW 39.04.290 and 2001 c 34 s 1 are each amended to read
as follows:
(1) A state agency or local government may award contracts of any
value for the design, fabrication, and installation of building
engineering systems by: (a) Using a competitive bidding process or
request for proposals process where bidders are required to provide
final specifications and a bid price for the design, fabrication, and
installation of building engineering systems, with the final
specifications being approved by an appropriate design, engineering,
and/or public regulatory body; or (b) using a competitive bidding
process where bidders are required to provide final specifications for
the final design, fabrication, and installation of building engineering
systems as part of a larger project with the final specifications for
the building engineering systems portion of the project being approved
by an appropriate design, engineering, and/or public regulatory body.
The provisions of chapter 39.80 RCW do not apply to the design of
building engineering systems that are included as part of a contract
described under this section.
(2) The definitions in this subsection apply throughout this
section unless the context clearly requires otherwise.
(a) "Building engineering systems" means those systems where
contracts for the systems customarily have been awarded with a
requirement that the contractor provide final approved specifications,
including fire alarm systems, building sprinkler systems, pneumatic
tube systems, extensions of heating, ventilation, or air conditioning
control systems, chlorination and chemical feed systems, emergency
generator systems, building signage systems, pile foundations, and
curtain wall systems.
(b) "Local government" means any county, city, town, school
district, or other special district, municipal corporation, or quasi-municipal corporation.
(c) "State agency" means the department of ((general
administration)) enterprise services, the state parks and recreation
commission, the department of fish and wildlife, the department of
natural resources, any institution of higher education as defined under
RCW 28B.10.016, and any other state agency delegated authority by the
department of ((general administration)) enterprise services to engage
in building, renovation, remodeling, alteration, improvement, or repair
activities.
Sec. 41 RCW 39.04.320 and 2009 c 197 s 1 are each amended to read
as follows:
(1)(a) Except as provided in (b) through (d) of this subsection,
from January 1, 2005, and thereafter, for all public works estimated to
cost one million dollars or more, all specifications shall require that
no less than fifteen percent of the labor hours be performed by
apprentices.
(b)(i) This section does not apply to contracts advertised for bid
before July 1, 2007, for any public works by the department of
transportation.
(ii) For contracts advertised for bid on or after July 1, 2007, and
before July 1, 2008, for all public works by the department of
transportation estimated to cost five million dollars or more, all
specifications shall require that no less than ten percent of the labor
hours be performed by apprentices.
(iii) For contracts advertised for bid on or after July 1, 2008,
and before July 1, 2009, for all public works by the department of
transportation estimated to cost three million dollars or more, all
specifications shall require that no less than twelve percent of the
labor hours be performed by apprentices.
(iv) For contracts advertised for bid on or after July 1, 2009, for
all public works by the department of transportation estimated to cost
two million dollars or more, all specifications shall require that no
less than fifteen percent of the labor hours be performed by
apprentices.
(c)(i) This section does not apply to contracts advertised for bid
before January 1, 2008, for any public works by a school district, or
to any project funded in whole or in part by bond issues approved
before July 1, 2007.
(ii) For contracts advertised for bid on or after January 1, 2008,
for all public works by a school district estimated to cost three
million dollars or more, all specifications shall require that no less
than ten percent of the labor hours be performed by apprentices.
(iii) For contracts advertised for bid on or after January 1, 2009,
for all public works by a school district estimated to cost two million
dollars or more, all specifications shall require that no less than
twelve percent of the labor hours be performed by apprentices.
(iv) For contracts advertised for bid on or after January 1, 2010,
for all public works by a school district estimated to cost one million
dollars or more, all specifications shall require that no less than
fifteen percent of the labor hours be performed by apprentices.
(d)(i) For contracts advertised for bid on or after January 1,
2010, for all public works by a four-year institution of higher
education estimated to cost three million dollars or more, all
specifications must require that no less than ten percent of the labor
hours be performed by apprentices.
(ii) For contracts advertised for bid on or after January 1, 2011,
for all public works by a four-year institution of higher education
estimated to cost two million dollars or more, all specifications must
require that no less than twelve percent of the labor hours be
performed by apprentices.
(iii) For contracts advertised for bid on or after January 1, 2012,
for all public works by a four-year institution of higher education
estimated to cost one million dollars or more, all specifications must
require that no less than fifteen percent of the labor hours be
performed by apprentices.
(2) Awarding entities may adjust the requirements of this section
for a specific project for the following reasons:
(a) The demonstrated lack of availability of apprentices in
specific geographic areas;
(b) A disproportionately high ratio of material costs to labor
hours, which does not make feasible the required minimum levels of
apprentice participation;
(c) Participating contractors have demonstrated a good faith effort
to comply with the requirements of RCW 39.04.300 and 39.04.310 and this
section; or
(d) Other criteria the awarding entity deems appropriate, which are
subject to review by the office of the governor.
(3) The secretary of the department of transportation shall adjust
the requirements of this section for a specific project for the
following reasons:
(a) The demonstrated lack of availability of apprentices in
specific geographic areas; or
(b) A disproportionately high ratio of material costs to labor
hours, which does not make feasible the required minimum levels of
apprentice participation.
(4) This section applies to public works contracts awarded by the
state, to public works contracts awarded by school districts, and to
public works contracts awarded by state four-year institutions of
higher education. However, this section does not apply to contracts
awarded by state agencies headed by a separately elected public
official.
(5)(a) The department of ((general administration)) enterprise
services must provide information and technical assistance to affected
agencies and collect the following data from affected agencies for each
project covered by this section:
(i) The name of each apprentice and apprentice registration number;
(ii) The name of each project;
(iii) The dollar value of each project;
(iv) The date of the contractor's notice to proceed;
(v) The number of apprentices and labor hours worked by them,
categorized by trade or craft;
(vi) The number of journey level workers and labor hours worked by
them, categorized by trade or craft; and
(vii) The number, type, and rationale for the exceptions granted
under subsection (2) of this section.
(b) The department of labor and industries shall assist the
department of ((general administration)) enterprise services in
providing information and technical assistance.
(6) The secretary of transportation shall establish an
apprenticeship utilization advisory committee, which shall include
statewide geographic representation and consist of equal numbers of
representatives of contractors and labor. The committee must include
at least one member representing contractor businesses with less than
thirty-five employees. The advisory committee shall meet regularly
with the secretary of transportation to discuss implementation of this
section by the department of transportation, including development of
the process to be used to adjust the requirements of this section for
a specific project. The committee shall provide a report to the
legislature by January 1, 2008, on the effects of the apprentice labor
requirement on transportation projects and on the availability of
apprentice labor and programs statewide.
(7) At the request of the senate labor, commerce, research and
development committee, the house of representatives commerce and labor
committee, or their successor committees, and the governor, the
department of ((general administration)) enterprise services and the
department of labor and industries shall compile and summarize the
agency data and provide a joint report to both committees. The report
shall include recommendations on modifications or improvements to the
apprentice utilization program and information on skill shortages in
each trade or craft.
Sec. 42 RCW 39.04.330 and 2005 c 12 s 11 are each amended to read
as follows:
For purposes of determining compliance with chapter 39.35D RCW, the
department of ((general administration)) enterprise services shall
credit the project for using wood products with a credible third party
sustainable forest certification or from forests regulated under
chapter 76.09 RCW, the Washington forest practices act.
Sec. 43 RCW 39.04.370 and 2010 c 276 s 1 are each amended to read
as follows:
(1) For any public work estimated to cost over one million dollars,
the contract must contain a provision requiring the submission of
certain information about off-site, prefabricated, nonstandard, project
specific items produced under the terms of the contract and produced
outside Washington. The information must be submitted to the
department of labor and industries under subsection (2) of this
section. The information that must be provided is:
(a) The estimated cost of the public works project;
(b) The name of the awarding agency and the title of the public
works project;
(c) The contract value of the off-site, prefabricated, nonstandard,
project specific items produced outside Washington, including labor and
materials; and
(d) The name, address, and federal employer identification number
of the contractor that produced the off-site, prefabricated,
nonstandard, project specific items.
(2)(a) The required information under this section must be
submitted by the contractor or subcontractor as a part of the affidavit
of wages paid form filed with the department of labor and industries
under RCW 39.12.040. This information is only required to be submitted
by the contractor or subcontractor who directly contracted for the off-site, prefabricated, nonstandard, project specific items produced
outside Washington.
(b) The department of labor and industries shall include requests
for the information about off-site, prefabricated, nonstandard, project
specific items produced outside Washington on the affidavit of wages
paid form required under RCW 39.12.040.
(c) The department of ((general administration)) enterprise
services shall develop standard contract language to meet the
requirements of subsection (1) of this section and make the language
available on its web site.
(d) Failure to submit the information required in subsection (1) of
this section as part of the affidavit of wages paid form does not
constitute a violation of RCW 39.12.050.
(3) For the purposes of this section, "off-site, prefabricated,
nonstandard, project specific items" means products or items that are:
(a) Made primarily of architectural or structural precast concrete,
fabricated steel, pipe and pipe systems, or sheet metal and sheet metal
duct work; (b) produced specifically for the public work and not
considered to be regularly available shelf items; (c) produced or
manufactured by labor expended to assemble or modify standard items;
and (d) produced at an off-site location.
(4) The department of labor and industries shall transmit
information collected under this section to the capital projects
advisory review board created in RCW 39.10.220 for review.
(5) This section applies to contracts entered into between
September 1, 2010, and December 31, 2013.
(6) This section does not apply to department of transportation
public works projects.
(7) This section does not apply to local transportation public
works projects.
Sec. 44 RCW 39.04.380 and 2011 c 345 s 1 are each amended to read
as follows:
(1) The department of ((general administration)) enterprise
services must conduct a survey and compile the results into a list of
which states provide a bidding preference on public works contracts for
their resident contractors. The list must include details on the type
of preference, the amount of the preference, and how the preference is
applied. The list must be updated periodically as needed. The initial
survey must be completed by November 1, 2011, and by December 1, 2011,
the department must submit a report to the appropriate committees of
the legislature on the results of the survey. The report must include
the list and recommendations necessary to implement the intent of this
section and section 2, chapter 345, Laws of 2011.
(2) The department of ((general administration)) enterprise
services must distribute the report, along with the requirements of
this section and section 2, chapter 345, Laws of 2011, to all state and
local agencies with the authority to procure public works. The
department may adopt rules and procedures to implement the reciprocity
requirements in subsection (3) of this section. However, subsection
(3) (([of this section])) of this section does not take effect until
the department of ((general administration)) enterprise services has
adopted the rules and procedures for reciprocity under this subsection
(((2) of this section [this subsection])) or announced that it will not
be issuing rules or procedures pursuant to this section.
(3) In any bidding process for public works in which a bid is
received from a nonresident contractor from a state that provides a
percentage bidding preference, a comparable percentage disadvantage
must be applied to the bid of that nonresident contractor. This
subsection does not apply until the department of ((general
administration)) enterprise services has adopted the rules and
procedures for reciprocity under subsection (2) of this section, or has
determined and announced that rules are not necessary for
implementation.
(4) A nonresident contractor from a state that provides a
percentage bid preference means a contractor that:
(a) Is from a state that provides a percentage bid preference to
its resident contractors bidding on public works contracts; and
(b) At the time of bidding on a public works project, does not have
a physical office located in Washington.
(5) The state of residence for a nonresident contractor is the
state in which the contractor was incorporated or, if not a
corporation, the state where the contractor's business entity was
formed.
(6) This section does not apply to public works procured pursuant
to RCW 39.04.155, 39.04.280, or any other procurement exempt from
competitive bidding.
Sec. 45 RCW 39.10.220 and 2007 c 494 s 102 are each amended to
read as follows:
(1) The board is created in the department of ((general
administration)) enterprise services to provide an evaluation of public
capital projects construction processes, including the impact of
contracting methods on project outcomes, and to advise the legislature
on policies related to public works delivery methods.
(2)(a) The board shall consist of the following members appointed
by the governor: Two representatives from construction general
contracting; one representative from the architectural profession; one
representative from the engineering profession; two representatives
from construction specialty subcontracting; two representatives from
construction trades labor organizations; one representative from the
office of minority and women's business enterprises; one representative
from a higher education institution; one representative from the
department of ((general administration)) enterprise services; two
representatives from private industry; and one representative of a
domestic insurer authorized to write surety bonds for contractors in
Washington state. All appointed members must be knowledgeable about
public works contracting procedures.
(b) Three members shall be positions representing different local
public owners, selected by the association of Washington cities, the
Washington state association of counties, and the Washington public
ports association, respectively.
(c) One member shall be a representative from the public hospital
districts, selected by the association of Washington public hospital
districts.
(d) One member shall be a representative from school districts,
selected by the Washington state school directors' association.
(e) The board shall include two members of the house of
representatives, one from each major caucus, appointed by the speaker
of the house of representatives, and two members of the senate, one
from each major caucus, appointed by the president of the senate.
Legislative members are nonvoting.
(3) Members selected under subsection (2)(a) of this section shall
serve for terms of four years, with the terms expiring on June 30th on
the fourth year of the term.
(4) The board chair is selected from among the appointed members by
the majority vote of the voting members.
(5) Legislative members of the board shall be reimbursed for travel
expenses in accordance with RCW 44.04.120. Nonlegislative members of
the board, project review committee members, and subcommittee chairs
shall be reimbursed for travel expenses as provided in RCW 43.03.050
and 43.03.060.
(6) If a vacancy occurs of the appointive members of the board, the
governor shall fill the vacancy for the unexpired term. Members of the
board may be removed for malfeasance or misfeasance in office, upon
specific written charges by the governor, under chapter 34.05 RCW.
(7) The board shall meet as often as necessary.
(8) Board members are expected to consistently attend board
meetings. The chair of the board may ask the governor to remove any
member who misses more than two meetings in any calendar year without
cause.
(9) The department of ((general administration)) enterprise
services shall provide staff support as may be required for the proper
discharge of the function of the board.
(10) The board may establish subcommittees as it desires and may
invite nonmembers of the board to serve as committee members.
(11) The board shall encourage participation from persons and
entities not represented on the board.
Sec. 46 RCW 39.10.420 and 2009 c 75 s 7 are each amended to read
as follows:
(1) The following public bodies are authorized to use the job order
contracting procedure:
(a) The department of ((general administration)) enterprise
services;
(b) The University of Washington;
(c) Washington State University;
(d) Every city with a population greater than seventy thousand and
any public authority chartered by such city under RCW 35.21.730 through
35.21.755;
(e) Every county with a population greater than four hundred fifty
thousand;
(f) Every port district with total revenues greater than fifteen
million dollars per year;
(g) Every public utility district with revenues from energy sales
greater than twenty-three million dollars per year;
(h) Every school district; and
(i) The state ferry system.
(2)(a) The department of ((general administration)) enterprise
services may issue job order contract work orders for Washington state
parks department projects.
(b) The department of ((general administration)) enterprise
services, the University of Washington, and Washington State University
may issue job order contract work orders for the state regional
universities and The Evergreen State College.
(3) Public bodies may use a job order contract for public works
projects when a determination is made that the use of job order
contracts will benefit the public by providing an effective means of
reducing the total lead-time and cost for the construction of public
works projects for repair and renovation required at public facilities
through the use of unit price books and work orders by eliminating
time-consuming, costly aspects of the traditional public works process,
which require separate contracting actions for each small project.
Sec. 47 RCW 39.10.440 and 2007 c 494 s 403 are each amended to
read as follows:
(1) The maximum total dollar amount that may be awarded under a job
order contract is four million dollars per year for a maximum of three
years.
(2) Job order contracts may be executed for an initial contract
term of not to exceed two years, with the option of extending or
renewing the job order contract for one year. All extensions or
renewals must be priced as provided in the request for proposals. The
extension or renewal must be mutually agreed to by the public body and
the job order contractor.
(3) A public body may have no more than two job order contracts in
effect at any one time, with the exception of the department of
((general administration)) enterprise services, which may have four job
order contracts in effect at any one time.
(4) At least ninety percent of work contained in a job order
contract must be subcontracted to entities other than the job order
contractor. The job order contractor must distribute contracts as
equitably as possible among qualified and available subcontractors
including minority and woman-owned subcontractors to the extent
permitted by law.
(5) The job order contractor shall publish notification of intent
to perform public works projects at the beginning of each contract year
in a statewide publication and in a legal newspaper of general
circulation in every county in which the public works projects are
anticipated.
(6) Job order contractors shall pay prevailing wages for all work
that would otherwise be subject to the requirements of chapter 39.12
RCW. Prevailing wages for all work performed pursuant to each work
order must be the rates in effect at the time the individual work order
is issued.
(7) If, in the initial contract term, the public body, at no fault
of the job order contractor, fails to issue the minimum amount of work
orders stated in the public request for proposals, the public body
shall pay the contractor an amount equal to the difference between the
minimum work order amount and the actual total of the work orders
issued multiplied by an appropriate percentage for overhead and profit
contained in the contract award coefficient for services as specified
in the request for proposals. This is the contractor's sole remedy.
(8) All job order contracts awarded under this section must be
signed before July 1, 2013; however the job order contract may be
extended or renewed as provided for in this section.
(9) Public bodies may amend job order contracts awarded prior to
July 1, 2007, in accordance with this chapter.
Sec. 48 RCW 39.24.050 and 1982 c 61 s 3 are each amended to read
as follows:
A governmental unit shall, to the maximum extent economically
feasible, purchase paper products which meet the specifications
established by the department of ((general administration)) enterprise
services under RCW 43.19.538.
Sec. 49 RCW 39.29.006 and 2011 c 358 s 7 are each amended to read
as follows:
As used in this chapter:
(1) "Agency" means any state office or activity of the executive
and judicial branches of state government, including state agencies,
departments, offices, divisions, boards, commissions, and educational,
correctional, and other types of institutions.
(2) "Client services" means services provided directly to agency
clients including, but not limited to, medical and dental services,
employment and training programs, residential care, and subsidized
housing.
(3) "Common vendor registration and bid notification system" means
the internet-based vendor registration and bid notification system
maintained by and housed within the department of ((general
administration)) enterprise services. The requirements contained in
chapter 486, Laws of 2009 shall continue to apply to this system,
regardless of future changes to its name or management structure.
(4) "Competitive solicitation" means a documented formal process
providing an equal and open opportunity to qualified parties and
culminating in a selection based on criteria which may include such
factors as the consultant's fees or costs, ability, capacity,
experience, reputation, responsiveness to time limitations,
responsiveness to solicitation requirements, quality of previous
performance, and compliance with statutes and rules relating to
contracts or services. "Competitive solicitation" includes posting of
the contract opportunity on the state's common vendor registration and
bid notification system.
(5) "Consultant" means an independent individual or firm
contracting with an agency to perform a service or render an opinion or
recommendation according to the consultant's methods and without being
subject to the control of the agency except as to the result of the
work. The agency monitors progress under the contract and authorizes
payment.
(6) "Emergency" means a set of unforeseen circumstances beyond the
control of the agency that either:
(a) Present a real, immediate threat to the proper performance of
essential functions; or
(b) May result in material loss or damage to property, bodily
injury, or loss of life if immediate action is not taken.
(7) "Evidence of competition" means documentation demonstrating
that the agency has solicited responses from multiple firms in
selecting a consultant. "Evidence of competition" includes
documentation that the agency has posted the contract opportunity on
the state's common vendor registration and bid notification system.
(8) "In-state business" means a business that has its principal
office located in Washington.
(9) "Personal service" means professional or technical expertise
provided by a consultant to accomplish a specific study, project, task,
or other work statement. This term does not include purchased services
as defined under subsection (11) of this section. This term does
include client services.
(10) "Personal service contract" means an agreement, or any
amendment thereto, with a consultant for the rendering of personal
services to the state which is consistent with RCW 41.06.142.
(11) "Purchased services" means services provided by a vendor to
accomplish routine, continuing and necessary functions. This term
includes, but is not limited to, services acquired under RCW 43.19.190
((or 43.105.041)) for equipment maintenance and repair; operation of a
physical plant; security; computer hardware and software maintenance;
data entry; key punch services; and computer time-sharing, contract
programming, and analysis.
(12) "Small business" means an in-state business, including a sole
proprietorship, corporation, partnership, or other legal entity, that:
(a) Certifies, under penalty of perjury, that it is owned and operated
independently from all other businesses and has either (i) fifty or
fewer employees, or (ii) a gross revenue of less than seven million
dollars annually as reported on its federal income tax return or its
return filed with the department of revenue over the previous three
consecutive years; or (b) is certified under chapter 39.19 RCW.
(13) "Sole source" means a consultant providing professional or
technical expertise of such a unique nature that the consultant is
clearly and justifiably the only practicable source to provide the
service. The justification shall be based on either the uniqueness of
the service or sole availability at the location required.
Sec. 50 RCW 39.30.050 and 1982 c 61 s 4 are each amended to read
as follows:
Any contract by a governmental unit shall require the use of paper
products to the maximum extent economically feasible that meet the
specifications established by the department of ((general
administration)) enterprise services under RCW 43.19.538.
Sec. 51 RCW 39.32.020 and 1995 c 137 s 3 are each amended to read
as follows:
The director of ((general administration)) enterprise services is
hereby authorized to purchase, lease or otherwise acquire from federal,
state, or local government or any surplus property disposal agency
thereof surplus property to be used in accordance with the provisions
of this chapter.
Sec. 52 RCW 39.32.040 and 1998 c 105 s 4 are each amended to read
as follows:
In purchasing federal surplus property on requisition for any
eligible donee the director may advance the purchase price thereof from
the ((general administration)) enterprise services account, and he or
she shall then in due course bill the proper eligible donee for the
amount paid by him or her for the property plus a reasonable amount to
cover the expense incurred by him or her in connection with the
transaction. In purchasing surplus property without requisition, the
director shall be deemed to take title outright and he or she shall
then be authorized to resell from time to time any or all of such
property to such eligible donees as desire to avail themselves of the
privilege of purchasing. All moneys received in payment for surplus
property from eligible donees shall be deposited by the director in the
((general administration)) enterprise services account. The director
shall sell federal surplus property to eligible donees at a price
sufficient only to reimburse the ((general administration)) enterprise
services account for the cost of the property to the account, plus a
reasonable amount to cover expenses incurred in connection with the
transaction. Where surplus property is transferred to an eligible
donee without cost to the transferee, the director may impose a
reasonable charge to cover expenses incurred in connection with the
transaction. The governor, through the director of ((general
administration)) enterprise services, shall administer the surplus
property program in the state and shall perform or supervise all those
functions with respect to the program, its agencies and
instrumentalities.
Sec. 53 RCW 39.32.060 and 1977 ex.s. c 135 s 5 are each amended
to read as follows:
The director of ((general administration)) enterprise services
shall have power to promulgate such rules and regulations as may be
necessary to effectuate the purposes of RCW 39.32.010 through 39.32.060
and to carry out the provisions of the Federal Property and
Administrative Services Act of 1949, as amended.
Sec. 54 RCW 39.35.060 and 2001 c 292 s 1 are each amended to read
as follows:
The department may impose fees upon affected public agencies for
the review of life-cycle cost analyses. The fees shall be deposited in
the ((general administration)) enterprise services account. The
purpose of the fees is to recover the costs by the department for
review of the analyses. The department shall set fees at a level
necessary to recover all of its costs related to increasing the energy
efficiency of state-supported new construction. The fees shall not
exceed one-tenth of one percent of the total cost of any project or
exceed two thousand dollars for any project unless mutually agreed to.
The department shall provide detailed calculation ensuring that the
energy savings resulting from its review of life-cycle cost analysis
justify the costs of performing that review.
Sec. 55 RCW 39.35A.050 and 2001 c 214 s 19 are each amended to
read as follows:
The state department of ((general administration)) enterprise
services shall maintain a registry of energy service contractors and
provide assistance to municipalities in identifying available
performance-based contracting services.
Sec. 56 RCW 39.35B.040 and 1986 c 127 s 4 are each amended to
read as follows:
The principal executives of all state agencies are responsible for
implementing the policy set forth in this chapter. The office of
financial management in conjunction with the department of ((general
administration)) enterprise services may establish guidelines for
compliance by the state government and its agencies, and state
universities and community colleges. The office of financial
management shall include within its biennial capital budget
instructions:
(1) A discount rate for the use of all agencies in calculating the
present value of future costs, and several examples of resultant trade-offs between annual operating costs eliminated and additional capital
costs thereby justified; and
(2) Types of projects and building components that are particularly
appropriate for life-cycle cost analysis.
Sec. 57 RCW 39.35C.050 and 1996 c 186 s 409 are each amended to
read as follows:
In addition to any other authorities conferred by law:
(1) The department, with the consent of the state agency or school
district responsible for a facility, a state or regional university
acting independently, and any other state agency acting through the
department of ((general administration)) enterprise services or as
otherwise authorized by law, may:
(a) Develop and finance conservation at public facilities in
accordance with express provisions of this chapter;
(b) Contract for energy services, including performance-based
contracts;
(c) Contract to sell energy savings from a conservation project at
public facilities to local utilities or the Bonneville power
administration.
(2) A state or regional university acting independently, and any
other state agency acting through the department of ((general
administration)) enterprise services or as otherwise authorized by law,
may undertake procurements for third-party development of conservation
at its facilities.
(3) A school district may:
(a) Develop and finance conservation at school district facilities;
(b) Contract for energy services, including performance-based
contracts at school district facilities; and
(c) Contract to sell energy savings from energy conservation
projects at school district facilities to local utilities or the
Bonneville power administration directly or to local utilities or the
Bonneville power administration through third parties.
(4) In exercising the authority granted by subsections (1), (2),
and (3) of this section, a school district or state agency must comply
with the provisions of RCW 39.35C.040.
Sec. 58 RCW 39.35C.090 and 1996 c 186 s 413 are each amended to
read as follows:
In addition to any other authorities conferred by law:
(1) The department, with the consent of the state agency
responsible for a facility, a state or regional university acting
independently, and any other state agency acting through the department
of ((general administration)) enterprise services or as otherwise
authorized by law, may:
(a) Contract to sell electric energy generated at state facilities
to a utility; and
(b) Contract to sell thermal energy produced at state facilities to
a utility.
(2) A state or regional university acting independently, and any
other state agency acting through the department of ((general
administration)) enterprise services or as otherwise authorized by law,
may:
(a) Acquire, install, permit, construct, own, operate, and maintain
cogeneration and facility heating and cooling measures or equipment, or
both, at its facilities;
(b) Lease state property for the installation and operation of
cogeneration and facility heating and cooling equipment at its
facilities;
(c) Contract to purchase all or part of the electric or thermal
output of cogeneration plants at its facilities;
(d) Contract to purchase or otherwise acquire fuel or other energy
sources needed to operate cogeneration plants at its facilities; and
(e) Undertake procurements for third-party development of
cogeneration projects at its facilities, with successful bidders to be
selected based on the responsible bid, including nonprice elements
listed in RCW 43.19.1911, that offers the greatest net achievable
benefits to the state and its agencies.
(3) After July 28, 1991, a state agency shall consult with the
department prior to exercising any authority granted by this section.
(4) In exercising the authority granted by subsections (1) and (2)
of this section, a state agency must comply with the provisions of RCW
39.35C.080.
Sec. 59 RCW 41.04.017 and 2007 c 487 s 1 are each amended to read
as follows:
A one hundred fifty thousand dollar death benefit shall be paid as
a sundry claim to the estate of an employee of any state agency, the
common school system of the state, or institution of higher education
who dies as a result of (1) injuries sustained in the course of
employment; or (2) an occupational disease or infection that arises
naturally and proximately out of employment covered under this chapter,
and is not otherwise provided a death benefit through coverage under
their enrolled retirement system under chapter 402, Laws of 2003. The
determination of eligibility for the benefit shall be made consistent
with Title 51 RCW by the department of labor and industries. The
department of labor and industries shall notify the director of the
department of ((general administration)) enterprise services by order
under RCW 51.52.050.
Sec. 60 RCW 41.04.220 and 1983 c 3 s 88 are each amended to read
as follows:
Any governmental entity other than state agencies, may use the
services of the department of ((general administration)) enterprise
services upon the approval of the director, in procuring health benefit
programs as provided by RCW 41.04.180, 28A.400.350 and 28B.10.660:
PROVIDED, That the department of ((general administration)) enterprise
services may charge for the administrative cost incurred in the
procuring of such services.
Sec. 61 RCW 41.04.230 and 2007 c 99 s 1 are each amended to read
as follows:
Any official of the state authorized to disburse funds in payment
of salaries and wages of public officers or employees is authorized,
upon written request of the officer or employee, to deduct from the
salaries or wages of the officers or employees, the amount or amounts
of subscription payments, premiums, contributions, or continuation
thereof, for payment of the following:
(1) Credit union deductions: PROVIDED, That twenty-five or more
employees of a single state agency or a total of one hundred or more
state employees of several agencies have authorized such a deduction
for payment to the same credit union. An agency may, in its own
discretion, establish a minimum participation requirement of fewer than
twenty-five employees.
(2) Parking fee deductions: PROVIDED, That payment is made for
parking facilities furnished by the agency or by the department of
((general administration)) enterprise services.
(3) U.S. savings bond deductions: PROVIDED, That a person within
the particular agency shall be appointed to act as trustee. The
trustee will receive all contributions; purchase and deliver all bond
certificates; and keep such records and furnish such bond or security
as will render full accountability for all bond contributions.
(4) Board, lodging or uniform deductions when such board, lodging
and uniforms are furnished by the state, or deductions for academic
tuitions or fees or scholarship contributions payable to the employing
institution.
(5) Dues and other fees deductions: PROVIDED, That the deduction
is for payment of membership dues to any professional organization
formed primarily for public employees or college and university
professors: AND PROVIDED, FURTHER, That twenty-five or more employees
of a single state agency, or a total of one hundred or more state
employees of several agencies have authorized such a deduction for
payment to the same professional organization.
(6) Labor, employee, or retiree organization dues, and voluntary
employee contributions to any funds, committees, or subsidiary
organizations maintained by labor, employee, or retiree organizations,
may be deducted in the event that a payroll deduction is not provided
under a collective bargaining agreement under the provisions of chapter
41.80 RCW: PROVIDED, That each labor, employee, or retiree
organization chooses only one fund for voluntary employee
contributions: PROVIDED, FURTHER, That twenty-five or more officers or
employees of a single agency, or a total of one hundred or more
officers or employees of several agencies have authorized such a
deduction for payment to the same labor, employee, or retiree
organization: PROVIDED, FURTHER, That labor, employee, or retiree
organizations with five hundred or more members in state government may
have payroll deduction for employee benefit programs.
(7) Insurance contributions to the authority for payment of
premiums under contracts authorized by the state health care authority.
However, enrollment or assignment by the state health care authority to
participate in a health care benefit plan, as required by RCW
41.05.065(((7))) (8), shall authorize a payroll deduction of premium
contributions without a written consent under the terms and conditions
established by the public employees' benefits board.
(8) Deductions to a bank, savings bank, or savings and loan
association if (a) the bank, savings bank, or savings and loan
association is authorized to do business in this state; and (b) twenty-five or more employees of a single agency, or fewer, if a lesser number
is established by such agency, or a total of one hundred or more state
employees of several agencies have authorized a deduction for payment
to the same bank, savings bank, or savings and loan association.
Deductions from salaries and wages of public officers and employees
other than those enumerated in this section or by other law, may be
authorized by the director of financial management for purposes clearly
related to state employment or goals and objectives of the agency and
for plans authorized by the state health care authority.
(9) Contributions to the Washington state combined fund drive.
The authority to make deductions from the salaries and wages of
public officers and employees as provided for in this section shall be
in addition to such other authority as may be provided by law:
PROVIDED, That the state or any department, division, or separate
agency of the state shall not be liable to any insurance carrier or
contractor for the failure to make or transmit any such deduction.
Sec. 62 RCW 41.04.375 and 1993 c 194 s 2 are each amended to read
as follows:
An agency may identify space they wish to use for child care
facilities or they may request assistance from the department of
((general administration)) enterprise services in identifying the
availability of suitable space in state-owned or state-leased buildings
for use as child care centers for the children of state employees.
When suitable space is identified in state-owned or state-leased
buildings, the department of ((general administration)) enterprise
services shall establish a rental rate for organizations to pay for the
space used by persons who are not state employees.
Sec. 63 RCW 41.06.094 and 1987 c 504 s 7 are each amended to read
as follows:
In addition to the exemptions under RCW 41.06.070, the provisions
of this chapter shall not apply in the ((department of information
services)) consolidated technology services agency to up to twelve
positions in the planning component involved in policy development
and/or senior professionals.
Sec. 64 RCW 42.17A.110 and 2011 1st sp.s. c 43 s 448 and 2011 c
60 s 20 are each reenacted and amended to read as follows:
The commission may:
(1) Adopt, amend, and rescind suitable administrative rules to
carry out the policies and purposes of this chapter, which rules shall
be adopted under chapter 34.05 RCW. Any rule relating to campaign
finance, political advertising, or related forms that would otherwise
take effect after June 30th of a general election year shall take
effect no earlier than the day following the general election in that
year;
(2) Appoint an executive director and set, within the limits
established by the ((department of personnel)) office of financial
management under RCW 43.03.028, the executive director's compensation.
The executive director shall perform such duties and have such powers
as the commission may prescribe and delegate to implement and enforce
this chapter efficiently and effectively. The commission shall not
delegate its authority to adopt, amend, or rescind rules nor may it
delegate authority to determine whether an actual violation of this
chapter has occurred or to assess penalties for such violations;
(3) Prepare and publish reports and technical studies as in its
judgment will tend to promote the purposes of this chapter, including
reports and statistics concerning campaign financing, lobbying,
financial interests of elected officials, and enforcement of this
chapter;
(4) Conduct, as it deems appropriate, audits and field
investigations;
(5) Make public the time and date of any formal hearing set to
determine whether a violation has occurred, the question or questions
to be considered, and the results thereof;
(6) Administer oaths and affirmations, issue subpoenas, and compel
attendance, take evidence, and require the production of any records
relevant to any investigation authorized under this chapter, or any
other proceeding under this chapter;
(7) Adopt a code of fair campaign practices;
(8) Adopt rules relieving candidates or political committees of
obligations to comply with the election campaign provisions of this
chapter, if they have not received contributions nor made expenditures
in connection with any election campaign of more than five thousand
dollars;
(9) Adopt rules prescribing reasonable requirements for keeping
accounts of, and reporting on a quarterly basis, costs incurred by
state agencies, counties, cities, and other municipalities and
political subdivisions in preparing, publishing, and distributing
legislative information. For the purposes of this subsection,
"legislative information" means books, pamphlets, reports, and other
materials prepared, published, or distributed at substantial cost, a
substantial purpose of which is to influence the passage or defeat of
any legislation. The state auditor in his or her regular examination
of each agency under chapter 43.09 RCW shall review the rules,
accounts, and reports and make appropriate findings, comments, and
recommendations concerning those agencies; and
(10) Develop and provide to filers a system for certification of
reports required under this chapter which are transmitted by facsimile
or electronically to the commission. Implementation of the program is
contingent on the availability of funds.
Sec. 65 RCW 43.01.090 and 2005 c 330 s 5 are each amended to read
as follows:
The director of ((general administration)) enterprise services may
assess a charge or rent against each state board, commission, agency,
office, department, activity, or other occupant or user for payment of
a proportionate share of costs for occupancy of buildings, structures,
or facilities including but not limited to all costs of acquiring,
constructing, operating, and maintaining such buildings, structures, or
facilities and the repair, remodeling, or furnishing thereof and for
the rendering of any service or the furnishing or providing of any
supplies, equipment, historic furnishings, or materials.
The director of ((general administration)) enterprise services may
recover the full costs including appropriate overhead charges of the
foregoing by periodic billings as determined by the director including
but not limited to transfers upon accounts and advancements into the
((general administration)) enterprise services account. Charges
related to the rendering of real estate services under RCW 43.82.010
and to the operation and maintenance of public and historic facilities
at the state capitol, as defined in RCW 79.24.710, shall be allocated
separately from other charges assessed under this section. Rates shall
be established by the director of ((general administration)) enterprise
services after consultation with the director of financial management.
The director of ((general administration)) enterprise services may
allot, provide, or furnish any of such facilities, structures,
services, equipment, supplies, or materials to any other public service
type occupant or user at such rates or charges as are equitable and
reasonably reflect the actual costs of the services provided:
PROVIDED, HOWEVER, That the legislature, its duly constituted
committees, interim committees and other committees shall be exempted
from the provisions of this section.
Upon receipt of such bill, each entity, occupant, or user shall
cause a warrant or check in the amount thereof to be drawn in favor of
the department of ((general administration)) enterprise services which
shall be deposited in the state treasury to the credit of the ((general
administration)) enterprise services account unless the director of
financial management has authorized another method for payment of
costs.
Beginning July 1, 1995, the director of ((general administration))
enterprise services shall assess a capital projects surcharge upon each
agency or other user occupying a facility owned and managed by the
department of ((general administration)) enterprise services in
Thurston county, excluding state capitol public and historic
facilities, as defined in RCW 79.24.710. The capital projects
surcharge does not apply to agencies or users that agree to pay all
future repairs, improvements, and renovations to the buildings they
occupy and a proportional share, as determined by the office of
financial management, of all other campus repairs, installations,
improvements, and renovations that provide a benefit to the buildings
they occupy or that have an agreement with the department of ((general
administration)) enterprise services that contains a charge for a
similar purpose, including but not limited to RCW 43.01.091, in an
amount greater than the capital projects surcharge. Beginning July 1,
2002, the capital projects surcharge does not apply to department of
services for the blind vendors who operate cafeteria services in
facilities owned and managed by the department of ((general
administration)) enterprise services; the department shall consider
this space to be a common area for purposes of allocating the capital
projects surcharge to other building tenants beginning July 1, 2003.
The director, after consultation with the director of financial
management, shall adopt differential capital project surcharge rates to
reflect the differences in facility type and quality. The initial
payment structure for this surcharge shall be one dollar per square
foot per year. The surcharge shall increase over time to an amount
that when combined with the facilities and service charge equals the
market rate for similar types of lease space in the area or equals five
dollars per square foot per year, whichever is less. The capital
projects surcharge shall be in addition to other charges assessed under
this section. Proceeds from the capital projects surcharge shall be
deposited into the Thurston county capital facilities account created
in RCW 43.19.501.
Sec. 66 RCW 43.01.091 and 1994 c 219 s 19 are each amended to
read as follows:
It is hereby declared to be the policy of the state of Washington
that each agency or other occupant of newly constructed or
substantially renovated facilities owned and operated by the department
of ((general administration)) enterprise services in Thurston county
shall proportionally share the debt service costs associated with the
original construction or substantial renovation of the facility.
Beginning July 1, 1995, each state agency or other occupant of a
facility constructed or substantially renovated after July 1, 1992, and
owned and operated by the department of ((general administration))
enterprise services in Thurston county, shall be assessed a charge to
pay the principal and interest payments on any bonds or other financial
contract issued to finance the construction or renovation or an
equivalent charge for similar projects financed by cash sources. In
recognition that full payment of debt service costs may be higher than
market rates for similar types of facilities or higher than existing
agreements for similar charges entered into prior to June 9, 1994, the
initial charge may be less than the full cost of principal and interest
payments. The charge shall be assessed to all occupants of the
facility on a proportional basis based on the amount of occupied space
or any unique construction requirements. The office of financial
management, in consultation with the department of ((general
administration)) enterprise services, shall develop procedures to
implement this section and report to the legislative fiscal committees,
by October 1994, their recommendations for implementing this section.
The office of financial management shall separately identify in the
budget document all payments and the documentation for determining the
payments required by this section for each agency and fund source
during the current and the two past and future fiscal biennia. The
charge authorized in this section is subject to annual audit by the
state auditor.
Sec. 67 RCW 43.01.240 and 1998 c 245 s 46 are each amended to
read as follows:
(1) There is hereby established an account in the state treasury to
be known as the state agency parking account. All parking income
collected from the fees imposed by state agencies on parking spaces at
state-owned or leased facilities, including the capitol campus, shall
be deposited in the state agency parking account. Only the office of
financial management may authorize expenditures from the account. The
account is subject to allotment procedures under chapter 43.88 RCW, but
no appropriation is required for expenditures. No agency may receive
an allotment greater than the amount of revenue deposited into the
state agency parking account.
(2) An agency may, as an element of the agency's commute trip
reduction program to achieve the goals set forth in RCW 70.94.527,
impose parking rental fees at state-owned and leased properties. These
fees will be deposited in the state agency parking account. Each
agency shall establish a committee to advise the agency director on
parking rental fees, taking into account the market rate of comparable,
privately owned rental parking in each region. The agency shall
solicit representation of the employee population including, but not
limited to, management, administrative staff, production workers, and
state employee bargaining units. Funds shall be used by agencies to:
(a) Support the agencies' commute trip reduction program under RCW
70.94.521 through 70.94.551; (b) support the agencies' parking program;
or (c) support the lease or ownership costs for the agencies' parking
facilities.
(3) In order to reduce the state's subsidization of employee
parking, after July 1997 agencies shall not enter into leases for
employee parking in excess of building code requirements, except as
authorized by the director of ((general administration)) enterprise
services. In situations where there are fewer parking spaces than
employees at a worksite, parking must be allocated equitably, with no
special preference given to managers.
Sec. 68 RCW 43.01.250 and 2007 c 348 s 206 are each amended to
read as follows:
(1) It is in the state's interest and to the benefit of the people
of the state to encourage the use of electrical vehicles in order to
reduce emissions and provide the public with cleaner air. This section
expressly authorizes the purchase of power at state expense to recharge
privately and publicly owned plug-in electrical vehicles at state
office locations where the vehicles are used for state business, are
commute vehicles, or where the vehicles are at the state location for
the purpose of conducting business with the state.
(2) The director of the department of ((general administration))
enterprise services may report to the governor and the appropriate
committees of the legislature, as deemed necessary by the director, on
the estimated amount of state-purchased electricity consumed by plug-in
electrical vehicles if the director of ((general administration))
enterprise services determines that the use has a significant cost to
the state, and on the number of plug-in electric vehicles using state
office locations. The report may be combined with the report under
section 401, chapter 348, Laws of 2007.
Sec. 69 RCW 43.01.900 and 2010 1st sp.s. c 7 s 140 are each
amended to read as follows:
(1) All documents and papers, equipment, or other tangible property
in the possession of the terminated entity shall be delivered to the
custody of the entity assuming the responsibilities of the terminated
entity or if such responsibilities have been eliminated, documents and
papers shall be delivered to the state archivist and equipment or other
tangible property to the department of ((general administration))
enterprise services.
(2) All funds held by, or other moneys due to, the terminated
entity shall revert to the fund from which they were appropriated, or
if that fund is abolished to the general fund.
(3) All contractual rights and duties of an entity shall be
assigned or delegated to the entity assuming the responsibilities of
the terminated entity, or if there is none to such entity as the
governor shall direct.
(4) All rules and all pending business before any terminated entity
shall be continued and acted upon by the entity assuming the
responsibilities of the terminated entity.
Sec. 70 RCW 43.15.020 and 2011 c 158 s 12 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) Financial education public-private partnership, RCW
28A.300.450;
(g) Joint administrative rules review committee, RCW 34.05.610;
(h) Capital projects advisory review board, RCW 39.10.220;
(i) Select committee on pension policy, RCW 41.04.276;
(j) Legislative ethics board, RCW 42.52.310;
(k) Washington citizens' commission on salaries, RCW 43.03.305;
(l) Legislative oral history committee, RCW 44.04.325;
(m) State council on aging, RCW 43.20A.685;
(n) State investment board, RCW 43.33A.020;
(o) Capitol campus design advisory committee, RCW 43.34.080;
(p) Washington state arts commission, RCW 43.46.015;
(q) ((Information services board, RCW 43.105.032;)) PNWER-Net working subgroup under chapter 43.147 RCW;
(r) Council for children and families, RCW 43.121.020;
(s)
(((t))) (r) Community economic revitalization board, RCW
43.160.030;
(((u))) (s) Washington economic development finance authority, RCW
43.163.020;
(((v))) (t) Life sciences discovery fund authority, RCW 43.350.020;
(((w))) (u) Legislative children's oversight committee, RCW
44.04.220;
(((x))) (v) Joint legislative audit and review committee, RCW
44.28.010;
(((y))) (w) Joint committee on energy supply and energy
conservation, RCW 44.39.015;
(((z))) (x) Legislative evaluation and accountability program
committee, RCW 44.48.010;
(((aa))) (y) Agency council on coordinated transportation, RCW
47.06B.020;
(((bb))) (z) Washington horse racing commission, RCW 67.16.014;
(((cc))) (aa) Correctional industries board of directors, RCW
72.09.080;
(((dd))) (bb) Joint committee on veterans' and military affairs,
RCW 73.04.150;
(((ee))) (cc) Joint legislative committee on water supply during
drought, RCW 90.86.020;
(((ff))) (dd) Statute law committee, RCW 1.08.001; and
(((gg))) (ee) Joint legislative oversight committee on trade
policy, RCW 44.55.020.
Sec. 71 RCW 43.17.050 and 2009 c 549 s 5060 are each amended to
read as follows:
Each department shall maintain its principal office at the state
capital. The director of each department may, with the approval of the
governor, establish and maintain branch offices at other places than
the state capital for the conduct of one or more of the functions of
his or her department.
The governor, in his or her discretion, may require all
administrative departments of the state and the appointive officers
thereof, other than those created by this chapter, to maintain their
principal offices at the state capital in rooms to be furnished by the
director of ((general administration)) enterprise services.
Sec. 72 RCW 43.17.100 and 2009 c 549 s 5062 are each amended to
read as follows:
Every appointive state officer and employee of the state shall give
a surety bond, payable to the state in such sum as shall be deemed
necessary by the director of the department of ((general
administration)) enterprise services, conditioned for the honesty of
the officer or employee and for the accounting of all property of the
state that shall come into his or her possession by virtue of his or
her office or employment, which bond shall be approved as to form by
the attorney general and shall be filed in the office of the secretary
of state.
The director of ((general administration)) enterprise services may
purchase one or more blanket surety bonds for the coverage required in
this section.
Any bond required by this section shall not be considered an
official bond and shall not be subject to chapter 42.08 RCW.
Sec. 73 RCW 43.17.400 and 2007 c 62 s 2 are each amended to read
as follows:
(1) The definitions in this subsection apply throughout this
section unless the context clearly requires otherwise.
(a) "Disposition" means sales, exchanges, or other actions
resulting in a transfer of land ownership.
(b) "State agencies" includes:
(i) The department of natural resources established in chapter
43.30 RCW;
(ii) The department of fish and wildlife established in chapter
43.300 RCW;
(iii) The department of transportation established in chapter 47.01
RCW;
(iv) The parks and recreation commission established in chapter
79A.05 RCW; and
(v) The department of ((general administration)) enterprise
services established in this chapter.
(2) State agencies proposing disposition of state-owned land must
provide written notice of the proposed disposition to the legislative
authorities of the counties, cities, and towns in which the land is
located at least sixty days before entering into the disposition
agreement.
(3) The requirements of this section are in addition and
supplemental to other requirements of the laws of this state.
Sec. 74 RCW 43.19.190 and 2011 1st sp.s. c 43 s 805 and 2011 1st
sp.s. c 43 s 207 are each reenacted and amended to read as follows:
The director shall:
(1) Develop rules and standards governing the acquisition and
disposition of goods and services;
(2) Enter into contracts on behalf of the state to carry out the
following: To purchase, lease, rent or otherwise acquire, dispose of,
and maintain assets, licenses, purchased goods and services, client
services, and personal services, or to delegate to other agencies and
institutions of state government, under appropriate standards, the
authority to purchase, lease, rent or otherwise acquire, dispose of,
and maintain assets, licenses, purchased goods and services, client
services, and personal services. Agencies and institutions of state
government are expressly prohibited from acquiring or disposing of such
assets, licenses, purchased services, and personal services without
such delegation of authority: PROVIDED, That the provisions of RCW
43.19.190 through 43.19.1937 do not apply in any manner to the
operation of the state legislature except as requested by the
legislature: PROVIDED, That the provisions of this section and RCW
43.19.1901 through ((43.19.1925)) 43.19.1921 do not apply to the
acquisition and disposition of equipment, proprietary software, and
information technology purchased services by the consolidated
technology services agency created in RCW 43.105.047: PROVIDED, That
any agency may purchase material, supplies, services, and equipment for
which the agency has notified the purchasing and material control
director that it is more cost-effective for the agency to make the
purchase directly from the vendor: PROVIDED, That primary authority
for the purchase of specialized equipment, instructional, and research
material for their own use shall rest with the colleges, community
colleges, and universities: PROVIDED FURTHER, That universities
operating hospitals and the director, as the agent for state hospitals
as defined in RCW 72.23.010, and for health care programs provided in
state correctional institutions as defined in RCW 72.65.010(3) and
veterans' institutions as defined in RCW 72.36.010 and 72.36.070, may
make purchases for hospital operation by participating in contracts for
materials, supplies, and equipment entered into by nonprofit
cooperative hospital group purchasing organizations: PROVIDED FURTHER,
That primary authority for the purchase of materials, supplies, and
equipment for resale to other than public agencies shall rest with the
state agency concerned: PROVIDED FURTHER, That authority to purchase
services as included herein does not apply to personal services as
defined in chapter 39.29 RCW, unless such organization specifically
requests assistance from the department of enterprise services in
obtaining personal services and resources are available within the
department to provide such assistance: PROVIDED FURTHER, That, except
for the authority of the risk manager to purchase insurance and bonds,
the director is not required to provide purchasing services for
institutions of higher education that choose to exercise independent
purchasing authority under RCW 28B.10.029: PROVIDED FURTHER, That the
authority to purchase interpreter services and interpreter brokerage
services on behalf of limited-English speaking or sensory-impaired
applicants and recipients of public assistance shall rest with the
department of social and health services in consultation with the
department;
(3) Have authority to delegate to state agencies authorization to
purchase or sell, which authorization shall specify restrictions as to
dollar amount or to specific types of material, equipment, services,
and supplies. Acceptance of the purchasing authorization by a state
agency does not relieve such agency from conformance with other
sections of RCW 43.19.190 through 43.19.1939, or from policies
established by the director. Also, delegation of such authorization to
a state agency, including an educational institution to which this
section applies, to purchase or sell material, equipment, services, and
supplies shall not be granted, or otherwise continued under a previous
authorization, if such agency is not in substantial compliance with
overall state purchasing and material control policies as established
herein;
(4) Contract for the testing of material, supplies, and equipment
with public and private agencies as necessary and advisable to protect
the interests of the state;
(5) Develop statewide or interagency procurement policies,
standards, and procedures;
(6) Provide direction concerning strategic planning goals and
objectives related to state purchasing and contracts activities. The
director shall seek input from the legislature and the judiciary;
(7) Develop and implement a process for the resolution of appeals
by:
(a) Vendors concerning the conduct of an acquisition process by an
agency or the department; or
(b) A customer agency concerning the provision of services by the
department or by other state providers;
(8) Establish policies for the periodic review by the department of
agency performance which may include but are not limited to analysis
of:
(a) Planning, management, purchasing control, and use of purchased
services and personal services;
(b) Training and education; and
(c) Project management;
(9) Provide for a commodity classification system and may, in
addition, provide for the adoption of standard specifications;
(10) Prepare rules and regulations governing the relationship and
procedures between the department and state agencies and vendors;
(11) Publish procedures and guidelines for compliance by all state
agencies, including those educational institutions to which this
section applies, which implement overall state purchasing and material
control policies;
(12) Advise state agencies, including educational institutions,
regarding compliance with established purchasing and material control
policies under existing statutes.
Sec. 75 RCW 43.19.533 and 2005 c 204 s 4 are each amended to read
as follows:
(1) Nothing in chapter 136, Laws of 2003 requires any state agency
to take any action that interferes with or impairs an existing contract
between any state agency and any other party, including but not limited
to any other state agency.
(2) Until December 31, 2009, except as provided under RCW
43.19.1906(2) for purchases up to three thousand dollars, RCW
43.19.534, and subsection (1) of this section, a state agency shall not
purchase any product or service identified in the notice most recently
disseminated by the department of ((general administration, as provided
under RCW 43.19.531(2)(b),)) enterprise services from other than a
vendor in good standing until the state agency has included in the
solicitation process at least one vendor in good standing supplying the
goods or service needed by the agency, unless no vendor in good
standing supplying the goods or service needed by the agency is
available.
Sec. 76 RCW 43.19.642 and 2010 c 247 s 701 are each amended to
read as follows:
(1) Effective June 1, 2006, for agencies complying with the ultra-low sulfur diesel mandate of the United States environmental protection
agency for on-highway diesel fuel, agencies shall use biodiesel as an
additive to ultra-low sulfur diesel for lubricity, provided that the
use of a lubricity additive is warranted and that the use of biodiesel
is comparable in performance and cost with other available lubricity
additives. The amount of biodiesel added to the ultra-low sulfur
diesel fuel shall be not less than two percent.
(2) Effective June 1, 2009, state agencies are required to use a
minimum of twenty percent biodiesel as compared to total volume of all
diesel purchases made by the agencies for the operation of the
agencies' diesel-powered vessels, vehicles, and construction equipment.
(3) All state agencies using biodiesel fuel shall, beginning on
July 1, 2006, file biannual reports with the department of ((general
administration)) enterprise services documenting the use of the fuel
and a description of how any problems encountered were resolved.
(4) For the 2009-2011 fiscal biennium, all fuel purchased by the
Washington state ferries at Harbor Island for the operation of the
Washington state ferries diesel powered vessels must be a minimum of
five percent biodiesel blend so long as the per gallon price of diesel
containing a five percent biodiesel blend level does not exceed the per
gallon price of diesel by more than five percent. If the per gallon
price of diesel containing a five percent biodiesel blend level exceeds
the per gallon price of diesel by more than five percent, the
requirements of this section do not apply to vessel fuel purchases by
the Washington state ferries.
(5) By December 1, 2009, the department of ((general
administration)) enterprise services shall:
(a) Report to the legislature on the average true price
differential for biodiesel by blend and location; and
(b) Examine alternative fuel procurement methods that work to
address potential market barriers for in-state biodiesel producers and
report these findings to the legislature.
Sec. 77 RCW 43.19.647 and 2007 c 348 s 203 are each amended to
read as follows:
(1) In order to allow the motor vehicle fuel needs of state and
local government to be satisfied by Washington-produced biofuels as
provided in this chapter, the department of ((general administration))
enterprise services as well as local governments may contract in
advance and execute contracts with public or private producers,
suppliers, or other parties, for the purchase of appropriate biofuels,
as that term is defined in RCW 43.325.010, and biofuel blends.
Contract provisions may address items including, but not limited to,
fuel standards, price, and delivery date.
(2) The department of ((general administration)) enterprise
services may combine the needs of local government agencies, including
ports, special districts, school districts, and municipal corporations,
for the purposes of executing contracts for biofuels and to secure a
sufficient and stable supply of alternative fuels.
Sec. 78 RCW 43.19.648 and 2011 c 353 s 4 are each amended to read
as follows:
(1) Effective June 1, 2015, all state agencies, to the extent
determined practicable by the rules adopted by the department of
commerce pursuant to RCW 43.325.080, are required to satisfy one
hundred percent of their fuel usage for operating publicly owned
vessels, vehicles, and construction equipment from electricity or
biofuel.
(2) Effective June 1, 2018, all local government subdivisions of
the state, to the extent determined practicable by the rules adopted by
the department of commerce pursuant to RCW 43.325.080, are required to
satisfy one hundred percent of their fuel usage for operating publicly
owned vessels, vehicles, and construction equipment from electricity or
biofuel.
(3) In order to phase in this transition for the state, all state
agencies, to the extent determined practicable by the department of
commerce by rules adopted pursuant to RCW 43.325.080, are required to
achieve forty percent fuel usage for operating publicly owned vessels,
vehicles, and construction equipment from electricity or biofuel by
June 1, 2013. The department of ((general administration)) enterprise
services, in consultation with the department of commerce, shall report
to the governor and the legislature by December 1, 2013, on what
percentage of the state's fuel usage is from electricity or biofuel.
(4) Except for cars owned or operated by the Washington state
patrol, when tires on vehicles in the state's motor vehicle fleet are
replaced, they must be replaced with tires that have the same or better
rolling resistance as the original tires.
(5) By December 31, 2015, the state must, to the extent
practicable, install electrical outlets capable of charging electric
vehicles in each of the state's fleet parking and maintenance
facilities.
(6) The department of transportation's obligations under subsection
(3) of this section are subject to the availability of amounts
appropriated for the specific purpose identified in subsection (3) of
this section.
(7) The department of transportation's obligations under subsection
(5) of this section are subject to the availability of amounts
appropriated for the specific purpose identified in subsection (5) of
this section unless the department receives federal or private funds
for the specific purpose identified in subsection (5) of this section.
(8) The definitions in this subsection apply throughout this
section unless the context clearly requires otherwise.
(a) "Battery charging station" means an electrical component
assembly or cluster of component assemblies designed specifically to
charge batteries within electric vehicles, which meet or exceed any
standards, codes, and regulations set forth by chapter 19.28 RCW and
consistent with rules adopted under RCW 19.27.540.
(b) "Battery exchange station" means a fully automated facility
that will enable an electric vehicle with a swappable battery to enter
a drive lane and exchange the depleted battery with a fully charged
battery through a fully automated process, which meets or exceeds any
standards, codes, and regulations set forth by chapter 19.28 RCW and
consistent with rules adopted under RCW 19.27.540.
Sec. 79 RCW 43.19.651 and 2003 c 340 s 1 are each amended to read
as follows:
(1) When planning for the capital construction or renovation of a
state facility, state agencies shall consider the utilization of fuel
cells and renewable or alternative energy sources as a primary source
of power for applications that require an uninterruptible power source.
(2) When planning the purchase of back-up or emergency power
systems and remote power systems, state agencies shall consider the
utilization of fuel cells and renewable or alternative energy sources
instead of batteries or internal combustion engines.
(3) The director of ((general administration)) enterprise services
shall develop criteria by which state agencies can identify, evaluate,
and develop potential fuel cell applications at state facilities.
(4) For the purposes of this section, "fuel cell" means an
electrochemical reaction that generates electric energy by combining
atoms of hydrogen and oxygen in the presence of a catalyst.
Sec. 80 RCW 43.19.670 and 2001 c 214 s 25 are each amended to
read as follows:
As used in RCW 43.19.670 through 43.19.685, the following terms
have the meanings indicated unless the context clearly requires
otherwise.
(1) "Energy audit" means a determination of the energy consumption
characteristics of a facility which consists of the following elements:
(a) An energy consumption survey which identifies the type, amount,
and rate of energy consumption of the facility and its major energy
systems. This survey shall be made by the agency responsible for the
facility.
(b) A walk-through survey which determines appropriate energy
conservation maintenance and operating procedures and indicates the
need, if any, for the acquisition and installation of energy
conservation measures and energy management systems. This survey shall
be made by the agency responsible for the facility if it has
technically qualified personnel available. The director of ((general
administration)) enterprise services shall provide technically
qualified personnel to the responsible agency if necessary.
(c) An investment grade audit, which is an intensive engineering
analysis of energy conservation and management measures for the
facility, net energy savings, and a cost-effectiveness determination.
((This element is required only for those facilities designated in the
schedule adopted under RCW 43.19.680(2).))
(2) "Cost-effective energy conservation measures" means energy
conservation measures that the investment grade audit concludes will
generate savings sufficient to finance project loans of not more than
ten years.
(3) "Energy conservation measure" means an installation or
modification of an installation in a facility which is primarily
intended to reduce energy consumption or allow the use of an
alternative energy source, including:
(a) Insulation of the facility structure and systems within the
facility;
(b) Storm windows and doors, multiglazed windows and doors, heat
absorbing or heat reflective glazed and coated windows and door
systems, additional glazing, reductions in glass area, and other window
and door system modifications;
(c) Automatic energy control systems;
(d) Equipment required to operate variable steam, hydraulic, and
ventilating systems adjusted by automatic energy control systems;
(e) Solar space heating or cooling systems, solar electric
generating systems, or any combination thereof;
(f) Solar water heating systems;
(g) Furnace or utility plant and distribution system modifications
including replacement burners, furnaces, and boilers which
substantially increase the energy efficiency of the heating system;
devices for modifying flue openings which will increase the energy
efficiency of the heating system; electrical or mechanical furnace
ignitions systems which replace standing gas pilot lights; and utility
plant system conversion measures including conversion of existing oil-and gas-fired boiler installations to alternative energy sources;
(h) Caulking and weatherstripping;
(i) Replacement or modification of lighting fixtures which increase
the energy efficiency of the lighting system;
(j) Energy recovery systems;
(k) Energy management systems; and
(l) Such other measures as the director finds will save a
substantial amount of energy.
(4) "Energy conservation maintenance and operating procedure" means
modification or modifications in the maintenance and operations of a
facility, and any installations within the facility, which are designed
to reduce energy consumption in the facility and which require no
significant expenditure of funds.
(5) "Energy management system" has the definition contained in RCW
39.35.030.
(6) "Energy savings performance contracting" means the process
authorized by chapter 39.35C RCW by which a company contracts with a
state agency to conduct no-cost energy audits, guarantee savings from
energy efficiency, provide financing for energy efficiency
improvements, install or implement energy efficiency improvements, and
agree to be paid for its investment solely from savings resulting from
the energy efficiency improvements installed or implemented.
(7) "Energy service company" means a company or contractor
providing energy savings performance contracting services.
(8) "Facility" means a building, a group of buildings served by a
central energy distribution system, or components of a central energy
distribution system.
(9) "Implementation plan" means the annual tasks and budget
required to complete all acquisitions and installations necessary to
satisfy the recommendations of the energy audit.
Sec. 81 RCW 43.19.682 and 1993 c 204 s 9 are each amended to read
as follows:
The director of the department of ((general administration))
enterprise services shall seek to further energy conservation
objectives among other landscape objectives in planting and maintaining
trees upon grounds administered by the department.
Sec. 82 RCW 43.19.691 and 2005 c 299 s 5 are each amended to read
as follows:
(1) Municipalities may conduct energy audits and implement cost-effective energy conservation measures among multiple government
entities.
(2) All municipalities shall report to the department if they
implemented or did not implement, during the previous biennium, cost-effective energy conservation measures aggregated among multiple
government entities. The reports must be submitted to the department
by September 1, 2007, and by September 1, 2009. In collecting the
reports, the department shall cooperate with the appropriate
associations that represent municipalities.
(3) The department shall prepare a report summarizing the reports
submitted by municipalities under subsection (2) of this section and
shall report to the committee by December 31, 2007, and by December 31,
2009.
(4) For the purposes of this section, the following definitions
apply:
(a) "Committee" means the joint committee on energy supply and
energy conservation in chapter 44.39 RCW.
(b) "Cost-effective energy conservation measures" has the meaning
provided in RCW 43.19.670.
(c) "Department" means the department of ((general administration))
enterprise services.
(d) "Energy audit" has the meaning provided in RCW 43.19.670.
(e) "Municipality" has the meaning provided in RCW 39.04.010.
Sec. 83 RCW 43.19.725 and 2011 c 358 s 2 are each amended to read
as follows:
(1) The department of ((general administration)) enterprise
services must develop a model plan for state agencies to increase: (a)
The number of small businesses registering in the state's common vendor
registration and bid notification system; (b) the number of such
registered small businesses annually receiving state contracts for
goods and services purchased by the state; and (c) the percentage of
total state dollars spent for goods and services purchased from such
registered small businesses. The goal of the plan is to increase the
number of small businesses receiving state contracts as well as the
percentage of total state dollars spent for goods and services from
small businesses registered in the state's common vendor registration
and bid notification system by at least fifty percent in fiscal year
2013, and at least one hundred percent in fiscal year 2015 over the
baseline data reported for fiscal year 2011.
(2) All state purchasing agencies may adopt the model plan
developed by the department of ((general administration)) enterprise
services under subsection (1) of this section. A state purchasing
agency that does not adopt the model plan must establish and implement
a plan consistent with the goals of subsection (1) of this section.
(3) To facilitate the participation of small businesses in the
provision of goods and services to the state, including purchases under
chapters 39.29 and 43.105 RCW, the ((state purchasing and material
control)) director of enterprise services, under the powers granted by
RCW 43.19.190 through 43.19.1939, and all state purchasing agencies
operating under delegated authority granted under RCW 43.19.190 or
28B.10.029, must give technical assistance to small businesses
regarding the state bidding process. Such technical assistance shall
include providing opportunities for the agency to answer vendor
questions about the bid solicitation requirements in advance of the bid
due date and, upon request, holding a debriefing after the contract
award to assist the vendor in understanding how to improve his or her
responses for future competitive procurements.
(4)(a) All state purchasing agencies must maintain records of state
purchasing contracts awarded to registered small businesses in order to
track outcomes and provide accurate, verifiable information regarding
the effects the technical assistance under subsection (3) of this
section is having on the number of small businesses annually receiving
state contracts for goods and services purchased by the state.
(b) The department of ((general administration)) enterprise
services may provide assistance to other agencies attempting to
maintain records of state purchasing contracts awarded to registered
small businesses for the purposes described under (a) of this
subsection.
(5) The definitions in this subsection apply throughout this
section and RCW 43.19.727 unless the context clearly requires
otherwise.
(a) "Small business" has the same meaning as defined in RCW
39.29.006.
(b) "State purchasing agencies" are limited to the department of
((general administration)) enterprise services, the ((department of
information services)) consolidated technology services agency, the
office of financial management, the department of transportation, and
institutions of higher education.
Sec. 84 RCW 43.19.727 and 2011 c 358 s 3 are each amended to read
as follows:
(1) By November 15, 2013, and November 15th every two years
thereafter, all state purchasing agencies shall submit a report to the
appropriate committees of the legislature providing verifiable
information regarding the effects the technical assistance under RCW
43.19.725(3) is having on the number of small businesses annually
receiving state contracts for goods and services purchased by the
state.
(2) By December 31, 2013, all state purchasing agencies must use
the web-based information system created under subsection (3)(a) of
this section to capture the data required under subsection (3)(a) of
this section.
(3)(a) The department of ((general administration)) enterprise
services, in consultation with the ((department of information
services)) consolidated technology services agency, the department of
transportation, and the department of commerce, must develop and
implement a web-based information system. The web-based information
system must be used to capture data, track outcomes, and provide
accurate and verifiable information regarding the effects the technical
assistance under RCW 43.19.725(3) is having on the number of small
businesses annually receiving state contracts for goods and services
purchased by the state. Such measurable data shall include, but not be
limited to: (i) The number of registered small businesses that have
been awarded state procurement contracts, (ii) the percentage of total
state dollars spent for goods and services purchased from registered
small businesses, and (iii) the number of registered small businesses
that have bid on but were not awarded state purchasing contracts.
(b) By October 1, 2011, the department of ((general
administration)) enterprise services, in collaboration with the
((department of information services)) consolidated technology services
agency and the department of transportation, shall submit a report to
the appropriate committees of the legislature detailing the projected
cost associated with the implementation and maintenance of the web-based information system.
(c) By September 1, 2012, the department of ((general
administration)) enterprise services, in collaboration with the
((department of information services)) consolidated technology services
agency and the department of transportation, shall submit a report to
the appropriate committees of the legislature providing any
recommendations for needed legislation to improve the collection of
data required under (a) of this subsection.
(d) By December 31, 2013, the department of ((general
administration)) enterprise services must make the web-based
information system available to all state purchasing agencies.
(e) The department of ((general administration)) enterprise
services may also make the web-based information system available to
other agencies that would like to use the system for the purposes of
chapter 358, Laws of 2011.
Sec. 85 RCW 43.19.757 and 1965 c 8 s 43.78.160 are each amended
to read as follows:
Nothing in RCW ((43.78.130, 43.78.140 and 43.78.150)) 43.19.748,
43.19.751, and 43.19.754 shall be construed as requiring any public
official to accept any such work of inferior quality or workmanship.
Sec. 86 RCW 43.19A.040 and 1991 c 297 s 6 are each amended to
read as follows:
(1) Each local government shall consider the adoption of policies,
rules, or ordinances to provide for the preferential purchase of
recycled content products. Any local government may adopt the
preferential purchasing policy of the department of ((general
administration)) enterprise services, or portions of such policy, or
another policy that provides a preference for recycled content
products.
(2) The department of ((general administration)) enterprise
services shall prepare one or more model recycled content preferential
purchase policies suitable for adoption by local governments. The
model policy shall be widely distributed and provided through the
technical assistance and workshops under RCW 43.19A.070.
(3) A local government that is not subject to the purchasing
authority of the department of ((general administration)) enterprise
services, and that adopts the preferential purchase policy or rules of
the department, shall not be limited by the percentage price preference
included in such policy or rules.
Sec. 87 RCW 43.21F.045 and 1996 c 186 s 103 are each amended to
read as follows:
(1) The department shall supervise and administer energy-related
activities as specified in RCW 43.330.904 and shall advise the governor
and the legislature with respect to energy matters affecting the state.
(2) In addition to other powers and duties granted to the
department, the department shall have the following powers and duties:
(a) Prepare and update contingency plans for implementation in the
event of energy shortages or emergencies. The plans shall conform to
chapter 43.21G RCW and shall include procedures for determining when
these shortages or emergencies exist, the state officers and agencies
to participate in the determination, and actions to be taken by various
agencies and officers of state government in order to reduce hardship
and maintain the general welfare during these emergencies. The
department shall coordinate the activities undertaken pursuant to this
subsection with other persons. The components of plans that require
legislation for their implementation shall be presented to the
legislature in the form of proposed legislation at the earliest
practicable date. The department shall report to the governor and the
legislature on probable, imminent, and existing energy shortages, and
shall administer energy allocation and curtailment programs in
accordance with chapter 43.21G RCW.
(b) Establish and maintain a central repository in state government
for collection of existing data on energy resources, including:
(i) Supply, demand, costs, utilization technology, projections, and
forecasts;
(ii) Comparative costs of alternative energy sources, uses, and
applications; and
(iii) Inventory data on energy research projects in the state
conducted under public and/or private auspices, and the results
thereof.
(c) Coordinate federal energy programs appropriate for state-level
implementation, carry out such energy programs as are assigned to it by
the governor or the legislature, and monitor federally funded local
energy programs as required by federal or state regulations.
(d) Develop energy policy recommendations for consideration by the
governor and the legislature.
(e) Provide assistance, space, and other support as may be
necessary for the activities of the state's two representatives to the
Pacific northwest electric power and conservation planning council. To
the extent consistent with federal law, the director shall request that
Washington's councilmembers request the administrator of the Bonneville
power administration to reimburse the state for the expenses associated
with the support as provided in the Pacific Northwest Electric Power
Planning and Conservation Act (P.L. 96-501).
(f) Cooperate with state agencies, other governmental units, and
private interests in the prioritization and implementation of the state
energy strategy elements and on other energy matters.
(g) Serve as the official state agency responsible for coordinating
implementation of the state energy strategy.
(h) No later than December 1, 1982, and by December 1st of each
even-numbered year thereafter, prepare and transmit to the governor and
the appropriate committees of the legislature a report on the
implementation of the state energy strategy and other important energy
issues, as appropriate.
(i) Provide support for increasing cost-effective energy
conservation, including assisting in the removal of impediments to
timely implementation.
(j) Provide support for the development of cost-effective energy
resources including assisting in the removal of impediments to timely
construction.
(k) Adopt rules, under chapter 34.05 RCW, necessary to carry out
the powers and duties enumerated in this chapter.
(l) Provide administrative assistance, space, and other support as
may be necessary for the activities of the energy facility site
evaluation council, as provided for in RCW 80.50.030.
(m) Appoint staff as may be needed to administer energy policy
functions and manage energy facility site evaluation council
activities. These employees are exempt from the provisions of chapter
41.06 RCW.
(3) To the extent the powers and duties set out under this section
relate to energy education, applied research, and technology transfer
programs they are transferred to Washington State University.
(4) To the extent the powers and duties set out under this section
relate to energy efficiency in public buildings they are transferred to
the department of ((general administration)) enterprise services.
Sec. 88 RCW 43.34.080 and 2011 1st sp.s. c 21 s 34 are each
amended to read as follows:
(1) The capitol campus design advisory committee is established as
an advisory group to the capitol committee and the director of
((general administration)) enterprise services to review programs,
planning, design, and landscaping of state capitol facilities and
grounds and to make recommendations that will contribute to the
attainment of architectural, aesthetic, functional, and environmental
excellence in design and maintenance of capitol facilities on campus
and located in neighboring communities.
(2) The advisory committee shall consist of the following persons
who shall be appointed by and serve at the pleasure of the director of
((general administration)) enterprise services:
(a) Two architects;
(b) A landscape architect; and
(c) An urban planner.
The director of ((general administration)) enterprise services
shall appoint the chair and vice chair and shall provide the staff and
resources necessary for implementing this section. The advisory
committee shall meet at least once every ninety days and at the call of
the chair.
The members of the committee shall be reimbursed as provided in RCW
43.03.220 and 44.04.120.
(3) The advisory committee shall also consist of the secretary of
state and two members of the house of representatives, one from each
caucus, who shall be appointed by the speaker of the house of
representatives, and two members of the senate, one from each caucus,
who shall be appointed by the president of the senate.
(4) The advisory committee shall review plans and designs affecting
state capitol facilities as they are developed. The advisory
committee's review shall include:
(a) The process of solicitation and selection of appropriate
professional design services including design-build proposals;
(b) Compliance with the capitol campus master plan and design
concepts as adopted by the capitol committee;
(c) The design, siting, and grouping of state capitol facilities
relative to the service needs of state government and the impact upon
the local community's economy, environment, traffic patterns, and other
factors;
(d) The relationship of overall state capitol facility planning to
the respective comprehensive plans for long-range urban development of
the cities of Olympia, Lacey, and Tumwater, and Thurston county; and
(e) Landscaping plans and designs, including planting proposals,
street furniture, sculpture, monuments, and access to the capitol
campus and buildings.
Sec. 89 RCW 43.34.090 and 2002 c 164 s 1 are each amended to read
as follows:
(1) The legislature shall approve names for new or existing
buildings on the state capitol grounds based upon recommendations from
the state capitol committee and the director of the department of
((general administration)) enterprise services, with the advice of the
capitol campus design advisory committee, subject to the following
limitations:
(a) An existing building may be renamed only after a substantial
renovation or a change in the predominant tenant agency headquartered
in the building.
(b) A new or existing building may be named or renamed after:
(i) An individual who has played a significant role in Washington
history;
(ii) The purpose of the building;
(iii) The single or predominant tenant agency headquartered in the
building;
(iv) A significant place name or natural place in Washington;
(v) A Native American tribe located in Washington;
(vi) A group of people or type of person;
(vii) Any other appropriate person consistent with this section as
recommended by the director of the department of ((general
administration)) enterprise services.
(c) The names on the facades of the state capitol group shall not
be removed.
(2) The legislature shall approve names for new or existing public
rooms or spaces on the west capitol campus based upon recommendations
from the state capitol committee and the director of the department of
((general administration)) enterprise services, with the advice of the
capitol campus design advisory committee, subject to the following
limitations:
(a) An existing room or space may be renamed only after a
substantial renovation;
(b) A new or existing room or space may be named or renamed only
after:
(i) An individual who has played a significant role in Washington
history;
(ii) The purpose of the room or space;
(iii) A significant place name or natural place in Washington;
(iv) A Native American tribe located in Washington;
(v) A group of people or type of person;
(vi) Any other appropriate person consistent with this section as
recommended by the director of the department of ((general
administration)) enterprise services.
(3) When naming or renaming buildings, rooms, and spaces under this
section, consideration must be given to: (a) Any disparity that exists
with respect to the gender of persons after whom buildings, rooms, and
spaces are named on the state capitol grounds; (b) the diversity of
human achievement; and (c) the diversity of the state's citizenry and
history.
(4) For purposes of this section, "state capitol grounds" means
buildings and land owned by the state and otherwise designated as state
capitol grounds, including the west capitol campus, the east capitol
campus, the north capitol campus, the Tumwater campus, the Lacey
campus, Sylvester Park, Centennial Park, the Old Capitol Building, and
Capitol Lake.
Sec. 90 RCW 43.41.130 and 2010 c 159 s 1 are each amended to read
as follows:
(1) The director of financial management, after consultation with
other interested or affected state agencies, shall establish overall
policies governing the acquisition, operation, management, maintenance,
repair, and disposal of all motor vehicles owned or operated by any
state agency. These policies shall include but not be limited to a
definition of what constitutes authorized use of a state owned or
controlled passenger motor vehicle and other motor vehicles on official
state business. The definition shall include, but not be limited to,
the use of state-owned motor vehicles for commuter ride sharing so long
as the entire capital depreciation and operational expense of the
commuter ride-sharing arrangement is paid by the commuters. Any use
other than such defined use shall be considered as personal use.
(2)(a) By June 15, 2010, the director of the department of
((general administration)) enterprise services, in consultation with
the office and other interested or affected state agencies, shall
develop strategies to assist state agencies in reducing fuel
consumption and emissions from all classes of vehicles.
(b) In an effort to achieve lower overall emissions for all classes
of vehicles, state agencies should, when financially comparable over
the vehicle's useful life, consider purchasing or converting to ultra-low carbon fuel vehicles.
(3) State agencies shall phase in fuel economy standards for motor
pools and leased petroleum-based fuel vehicles to achieve an average
fuel economy standard of thirty-six miles per gallon for passenger
vehicle fleets by 2015.
(4) After June 15, 2010, state agencies shall:
(a) When purchasing new petroleum-based fuel vehicles for vehicle
fleets: (i) Achieve an average fuel economy of forty miles per gallon
for light duty passenger vehicles; and (ii) achieve an average fuel
economy of twenty-seven miles per gallon for light duty vans and sports
utility vehicles; or
(b) Purchase ultra-low carbon fuel vehicles.
(5) State agencies must report annually on the progress made to
achieve the goals under subsections (3) and (4) of this section
beginning October 31, 2011.
(6) The department of ((general administration)) enterprise
services, in consultation with the office and other affected or
interested agencies, shall develop a separate fleet fuel economy
standard for all other classes of petroleum-based fuel vehicles and
report the progress made toward meeting the fuel consumption and
emissions goals established by this section to the governor and the
relevant legislative committees by December 1, 2012.
(7) The following vehicles are excluded from the average fuel
economy goals established in subsections (3) and (4) of this section:
Emergency response vehicles, passenger vans with a gross vehicle weight
of eight thousand five hundred pounds or greater, vehicles that are
purchased for off-pavement use, ultra-low carbon fuel vehicles, and
vehicles that are driven less than two thousand miles per year.
(8) Average fuel economy calculations used under this section for
petroleum-based fuel vehicles must be based upon the current United
States environmental protection agency composite city and highway mile
per gallon rating.
(9) The definitions in this subsection apply throughout this
section unless the context clearly requires otherwise.
(a) "Petroleum-based fuel vehicle" means a vehicle that uses, as a
fuel source, more than ten percent gasoline or diesel fuel.
(b) "Ultra-low carbon fuel vehicle" means a vehicle that uses, as
a fuel source, at least ninety percent natural gas, hydrogen,
biomethane, or electricity.
Sec. 91 RCW 43.63A.510 and 1993 c 461 s 2 are each amended to
read as follows:
(1) The department shall work with the departments of natural
resources, transportation, social and health services, corrections, and
((general administration)) enterprise services to identify and catalog
under-utilized, state-owned land and property suitable for the
development of affordable housing for very low-income, low-income or
moderate-income households. The departments of natural resources,
transportation, social and health services, corrections, and ((general
administration)) enterprise services shall provide an inventory of real
property that is owned or administered by each agency and is available
for lease or sale. The inventories shall be provided to the department
by November 1, 1993, with inventory revisions provided each November 1
thereafter.
(2) Upon written request, the department shall provide a copy of
the inventory of state-owned and publicly owned lands and buildings to
parties interested in developing the sites for affordable housing.
(3) As used in this section:
(a) "Affordable housing" means residential housing that is rented
or owned by a person who qualifies as a very low-income, low-income, or
moderate-income household or who is from a special needs population,
and whose monthly housing costs, including utilities other than
telephone, do not exceed thirty percent of the household's monthly
income.
(b) "Very low-income household" means a single person, family, or
unrelated persons living together whose income is at or below fifty
percent of the median income, adjusted for household size, for the
county where the affordable housing is located.
(c) "Low-income household" means a single person, family, or
unrelated persons living together whose income is more than fifty
percent but is at or below eighty percent of the median income where
the affordable housing is located.
(d) "Moderate-income household" means a single person, family, or
unrelated persons living together whose income is more than eighty
percent but is at or below one hundred fifteen percent of the median
income where the affordable housing is located.
Sec. 92 RCW 43.70.054 and 1997 c 274 s 2 are each amended to read
as follows:
(1) To promote the public interest consistent with chapter 267,
Laws of 1995, the department of health((, in cooperation with the
information services board established under RCW 43.105.032,)) shall
develop health care data standards to be used by, and developed in
collaboration with, consumers, purchasers, health carriers, providers,
and state government as consistent with the intent of chapter 492, Laws
of 1993 as amended by chapter 267, Laws of 1995, to promote the
delivery of quality health services that improve health outcomes for
state residents. The data standards shall include content, coding,
confidentiality, and transmission standards for all health care data
elements necessary to support the intent of this section, and to
improve administrative efficiency and reduce cost. Purchasers, as
allowed by federal law, health carriers, health facilities and
providers as defined in chapter 48.43 RCW, and state government shall
utilize the data standards. The information and data elements shall be
reported as the department of health directs by rule in accordance with
data standards developed under this section.
(2) The health care data collected, maintained, and studied by the
department under this section or any other entity: (a) Shall include
a method of associating all information on health care costs and
services with discrete cases; (b) shall not contain any means of
determining the personal identity of any enrollee, provider, or
facility; (c) shall only be available for retrieval in original or
processed form to public and private requesters; (d) shall be available
within a reasonable period of time after the date of request; and (e)
shall give strong consideration to data standards that achieve national
uniformity.
(3) The cost of retrieving data for state officials and agencies
shall be funded through state general appropriation. The cost of
retrieving data for individuals and organizations engaged in research
or private use of data or studies shall be funded by a fee schedule
developed by the department that reflects the direct cost of retrieving
the data or study in the requested form.
(4) All persons subject to this section shall comply with
departmental requirements established by rule in the acquisition of
data, however, the department shall adopt no rule or effect no policy
implementing the provisions of this section without an act of law.
(5) The department shall submit developed health care data
standards to the appropriate committees of the legislature by December
31, 1995.
Sec. 93 RCW 43.82.010 and 2007 c 506 s 8 are each amended to read
as follows:
(1) The director of ((general administration)) enterprise services,
on behalf of the agency involved and after consultation with the office
of financial management, shall purchase, lease, lease purchase, rent,
or otherwise acquire all real estate, improved or unimproved, as may be
required by elected state officials, institutions, departments,
commissions, boards, and other state agencies, or federal agencies
where joint state and federal activities are undertaken and may grant
easements and transfer, exchange, sell, lease, or sublease all or part
of any surplus real estate for those state agencies which do not
otherwise have the specific authority to dispose of real estate. This
section does not transfer financial liability for the acquired property
to the department of ((general administration)) enterprise services.
(2) Except for real estate occupied by federal agencies, the
director shall determine the location, size, and design of any real
estate or improvements thereon acquired or held pursuant to subsection
(1) of this section. Facilities acquired or held pursuant to this
chapter, and any improvements thereon, shall conform to standards
adopted by the director and approved by the office of financial
management governing facility efficiency unless a specific exemption
from such standards is provided by the director of ((general
administration)) enterprise services. The director of ((general
administration)) enterprise services shall report to the office of
financial management and the appropriate committees of the legislature
annually on any exemptions granted pursuant to this subsection.
(3) The director of ((general administration)) enterprise services
may fix the terms and conditions of each lease entered into under this
chapter, except that no lease shall extend greater than twenty years in
duration. The director of ((general administration)) enterprise
services may enter into a long-term lease greater than ten years in
duration upon a determination by the director of the office of
financial management that the long-term lease provides a more favorable
rate than would otherwise be available, it appears to a substantial
certainty that the facility is necessary for use by the state for the
full length of the lease term, and the facility meets the standards
adopted pursuant to subsection (2) of this section. The director of
((general administration)) enterprise services may enter into a long-term lease greater than ten years in duration if an analysis shows that
the life-cycle cost of leasing the facility is less than the life-cycle
cost of purchasing or constructing a facility in lieu of leasing the
facility.
(4) Except as permitted under chapter 39.94 RCW, no lease for or on
behalf of any state agency may be used or referred to as collateral or
security for the payment of securities offered for sale through a
public offering. Except as permitted under chapter 39.94 RCW, no lease
for or on behalf of any state agency may be used or referred to as
collateral or security for the payment of securities offered for sale
through a private placement without the prior written approval of the
state treasurer. However, this limitation shall not prevent a lessor
from assigning or encumbering its interest in a lease as security for
the repayment of a promissory note provided that the transaction would
otherwise be an exempt transaction under RCW 21.20.320. The state
treasurer shall adopt rules that establish the criteria under which any
such approval may be granted. In establishing such criteria the state
treasurer shall give primary consideration to the protection of the
state's credit rating and the integrity of the state's debt management
program. If it appears to the state treasurer that any lease has been
used or referred to in violation of this subsection or rules adopted
under this subsection, then he or she may recommend that the governor
cause such lease to be terminated. The department of ((general
administration)) enterprise services shall promptly notify the state
treasurer whenever it may appear to the department that any lease has
been used or referred to in violation of this subsection or rules
adopted under this subsection.
(5) It is the policy of the state to encourage the colocation and
consolidation of state services into single or adjacent facilities,
whenever appropriate, to improve public service delivery, minimize
duplication of facilities, increase efficiency of operations, and
promote sound growth management planning.
(6) The director of ((general administration)) enterprise services
shall provide coordinated long-range planning services to identify and
evaluate opportunities for colocating and consolidating state
facilities. Upon the renewal of any lease, the inception of a new
lease, or the purchase of a facility, the director of ((general
administration)) enterprise services shall determine whether an
opportunity exists for colocating the agency or agencies in a single
facility with other agencies located in the same geographic area. If
a colocation opportunity exists, the director of ((general
administration)) enterprise services shall consult with the affected
state agencies and the office of financial management to evaluate the
impact colocation would have on the cost and delivery of agency
programs, including whether program delivery would be enhanced due to
the centralization of services. The director of ((general
administration)) enterprise services, in consultation with the office
of financial management, shall develop procedures for implementing
colocation and consolidation of state facilities.
(7) The director of ((general administration)) enterprise services
is authorized to purchase, lease, rent, or otherwise acquire improved
or unimproved real estate as owner or lessee and to lease or sublet all
or a part of such real estate to state or federal agencies. The
director of ((general administration)) enterprise services shall charge
each using agency its proportionate rental which shall include an
amount sufficient to pay all costs, including, but not limited to,
those for utilities, janitorial and accounting services, and sufficient
to provide for contingencies; which shall not exceed five percent of
the average annual rental, to meet unforeseen expenses incident to
management of the real estate.
(8) If the director of ((general administration)) enterprise
services determines that it is necessary or advisable to undertake any
work, construction, alteration, repair, or improvement on any real
estate acquired pursuant to subsection (1) or (7) of this section, the
director shall cause plans and specifications thereof and an estimate
of the cost of such work to be made and filed in his or her office and
the state agency benefiting thereby is hereby authorized to pay for
such work out of any available funds: PROVIDED, That the cost of
executing such work shall not exceed the sum of twenty-five thousand
dollars. Work, construction, alteration, repair, or improvement in
excess of twenty-five thousand dollars, other than that done by the
owner of the property if other than the state, shall be performed in
accordance with the public works law of this state.
(9) In order to obtain maximum utilization of space, the director
of ((general administration)) enterprise services shall make space
utilization studies, and shall establish standards for use of space by
state agencies. Such studies shall include the identification of
opportunities for colocation and consolidation of state agency office
and support facilities.
(10) The director of ((general administration)) enterprise services
may construct new buildings on, or improve existing facilities, and
furnish and equip, all real estate under his or her management. Prior
to the construction of new buildings or major improvements to existing
facilities or acquisition of facilities using a lease purchase
contract, the director of ((general administration)) enterprise
services shall conduct an evaluation of the facility design and budget
using life-cycle cost analysis, value-engineering, and other techniques
to maximize the long-term effectiveness and efficiency of the facility
or improvement.
(11) All conveyances and contracts to purchase, lease, rent,
transfer, exchange, or sell real estate and to grant and accept
easements shall be approved as to form by the attorney general, signed
by the director of ((general administration)) enterprise services or
the director's designee, and recorded with the county auditor of the
county in which the property is located.
(12) The director of ((general administration)) enterprise services
may delegate any or all of the functions specified in this section to
any agency upon such terms and conditions as the director deems
advisable. By January 1st of each year, beginning January 1, 2008, the
department shall submit an annual report to the office of financial
management and the appropriate committees of the legislature on all
delegated leases.
(13) This section does not apply to the acquisition of real estate
by:
(a) The state college and universities for research or experimental
purposes;
(b) The state liquor control board for liquor stores and
warehouses; and
(c) The department of natural resources, the department of fish and
wildlife, the department of transportation, and the state parks and
recreation commission for purposes other than the leasing of offices,
warehouses, and real estate for similar purposes.
(14) Notwithstanding any provision in this chapter to the contrary,
the department of ((general administration)) enterprise services may
negotiate ground leases for public lands on which property is to be
acquired under a financing contract pursuant to chapter 39.94 RCW under
terms approved by the state finance committee.
(15) The department of ((general administration)) enterprise
services shall report annually to the office of financial management
and the appropriate fiscal committees of the legislature on facility
leases executed for all state agencies for the preceding year, lease
terms, and annual lease costs. The report must include leases executed
under RCW 43.82.045 and subsection (12) of this section.
Sec. 94 RCW 43.82.035 and 2007 c 506 s 4 are each amended to read
as follows:
(1) The office of financial management shall design and implement
a modified predesign process for any space request to lease, purchase,
or build facilities that involve (a) the housing of new state programs,
(b) a major expansion of existing state programs, or (c) the relocation
of state agency programs. This includes the consolidation of multiple
state agency tenants into one facility. The office of financial
management shall define facilities that meet the criteria described in
(a) and (b) of this subsection.
(2) State agencies shall submit modified predesigns to the office
of financial management and the legislature. Modified predesigns must
include a problem statement, an analysis of alternatives to address
programmatic and space requirements, proposed locations, and a
financial assessment. For proposed projects of twenty thousand gross
square feet or less, the agency may provide a cost-benefit analysis,
rather than a life-cycle cost analysis, as determined by the office of
financial management.
(3) Projects that meet the capital requirements for predesign on
major facility projects with an estimated project cost of five million
dollars or more pursuant to chapter 43.88 RCW shall not be required to
prepare a modified predesign.
(4) The office of financial management shall require state agencies
to identify plans for major leased facilities as part of the ten-year
capital budget plan. State agencies shall not enter into new or
renewed leases of more than one million dollars per year unless such
leases have been approved by the office of financial management except
when the need for the lease is due to an unanticipated emergency. The
regular termination date on an existing lease does not constitute an
emergency. The department of ((general administration)) enterprise
services shall notify the office of financial management and the
appropriate legislative fiscal committees if an emergency situation
arises.
(5) For project proposals in which there are estimates of
operational savings, the office of financial management shall require
the agency or agencies involved to provide details including but not
limited to fund sources and timelines.
Sec. 95 RCW 43.82.055 and 2007 c 506 s 6 are each amended to read
as follows:
The office of financial management shall:
(1) Work with the department of ((general administration))
enterprise services and all other state agencies to determine the
long-term facility needs of state government; and
(2) Develop and submit a six-year facility plan to the legislature
by January 1st of every odd-numbered year, beginning January 1, 2009,
that includes state agency space requirements and other pertinent data
necessary for cost-effective facility planning. The department of
((general administration)) enterprise services shall assist with this
effort as required by the office of financial management.
Sec. 96 RCW 43.82.130 and 1965 c 8 s 43.82.130 are each amended
to read as follows:
The director of the department of ((general administration))
enterprise services is authorized to do all acts and things necessary
or convenient to carry out the powers and duties expressly provided in
this chapter.
Sec. 97 RCW 43.83.116 and 1973 1st ex.s. c 217 s 4 are each
amended to read as follows:
The principal proceeds from the sale of the bonds or notes
deposited in the state building construction account of the general
fund shall be administered by the state department of ((general
administration)) enterprise services.
Sec. 98 RCW 43.83.120 and 1973 1st ex.s. c 217 s 6 are each
amended to read as follows:
In addition to any other charges authorized by law and to assist in
reimbursing the state general fund for expenditures from the general
state revenues in paying the principal and interest on the bonds and
notes herein authorized, the director of ((general administration))
enterprise services shall assess a charge against each state board,
commission, agency, office, department, activity, or other occupant or
user for payment of a proportion of costs for each square foot of floor
space assigned to or occupied by it. Payment of the amount so billed
to the entity for such occupancy shall be made annually and in advance
at the beginning of each fiscal year. The director of ((general
administration)) enterprise services shall cause the same to be
deposited in the state treasury to the credit of the general fund.
Sec. 99 RCW 43.83.136 and 1975 1st ex.s. c 249 s 4 are each
amended to read as follows:
The principal proceeds from the sale of the bonds or notes
authorized in RCW 43.83.130 through 43.83.148 and deposited in the
state building construction account of the general fund shall be
administered by the state department of ((general administration))
enterprise services, subject to legislative appropriation.
Sec. 100 RCW 43.83.142 and 1975 1st ex.s. c 249 s 7 are each
amended to read as follows:
In addition to any other charges authorized by law and to assist in
reimbursing the state general fund for expenditures from the general
state revenues in paying the principal and interest on the bonds and
notes authorized in RCW 43.83.130 through 43.83.148, the director of
((general administration)) enterprise services may assess a charge
against each state board, commission, agency, office, department,
activity, or other occupant or user of any facility or other building
as authorized in RCW 43.83.130 for payment of a proportion of costs for
each square foot of floor space assigned to or occupied by it. Payment
of the amount so billed to the entity for such occupancy shall be made
annually and in advance at the beginning of each fiscal year. The
director of ((general administration)) enterprise services shall cause
the same to be deposited in the state treasury to the credit of the
general fund.
Sec. 101 RCW 43.83.156 and 1979 ex.s. c 230 s 4 are each amended
to read as follows:
The principal proceeds from the sale of the bonds or notes
deposited in the state building construction account of the general
fund shall be administered by the state department of ((general
administration)) enterprise services, subject to legislative
appropriation.
Sec. 102 RCW 43.83.176 and 1981 c 235 s 3 are each amended to
read as follows:
The principal proceeds from the sale of the bonds deposited in the
state building construction account of the general fund shall be
administered by the state department of ((general administration))
enterprise services, subject to legislative appropriation.
Sec. 103 RCW 43.83.188 and 1983 1st ex.s. c 54 s 3 are each
amended to read as follows:
The proceeds from the sale of the bonds deposited under RCW
43.83.186 in the state building construction account of the general
fund shall be administered by the department of ((general
administration)) enterprise services, subject to legislative
appropriation.
Sec. 104 RCW 43.83.202 and 1984 c 271 s 3 are each amended to
read as follows:
The proceeds from the sale of the bonds deposited under RCW
43.83.200 in the state building construction account of the general
fund shall be administered by the department of ((general
administration)) enterprise services, subject to legislative
appropriation.
Sec. 105 RCW 43.88.090 and 2005 c 386 s 2 are each amended to
read as follows:
(1) For purposes of developing budget proposals to the legislature,
the governor shall have the power, and it shall be the governor's duty,
to require from proper agency officials such detailed estimates and
other information in such form and at such times as the governor shall
direct. The governor shall communicate statewide priorities to
agencies for use in developing biennial budget recommendations for
their agency and shall seek public involvement and input on these
priorities. The estimates for the legislature and the judiciary shall
be transmitted to the governor and shall be included in the budget
without revision. The estimates for state pension contributions shall
be based on the rates provided in chapter 41.45 RCW. Copies of all
such estimates shall be transmitted to the standing committees on ways
and means of the house and senate at the same time as they are filed
with the governor and the office of financial management.
The estimates shall include statements or tables which indicate, by
agency, the state funds which are required for the receipt of federal
matching revenues. The estimates shall be revised as necessary to
reflect legislative enactments and adopted appropriations and shall be
included with the initial biennial allotment submitted under RCW
43.88.110. The estimates must reflect that the agency considered any
alternatives to reduce costs or improve service delivery identified in
the findings of a performance audit of the agency by the joint
legislative audit and review committee. Nothing in this subsection
requires performance audit findings to be published as part of the
budget.
(2) Each state agency shall define its mission and establish
measurable goals for achieving desirable results for those who receive
its services and the taxpayers who pay for those services. Each agency
shall also develop clear strategies and timelines to achieve its goals.
This section does not require an agency to develop a new mission or
goals in place of identifiable missions or goals that meet the intent
of this section. The mission and goals of each agency must conform to
statutory direction and limitations.
(3) For the purpose of assessing activity performance, each state
agency shall establish quality and productivity objectives for each
major activity in its budget. The objectives must be consistent with
the missions and goals developed under this section. The objectives
must be expressed to the extent practicable in outcome-based,
objective, and measurable form unless an exception to adopt a different
standard is granted by the office of financial management and approved
by the legislative committee on performance review. Objectives must
specifically address the statutory purpose or intent of the program or
activity and focus on data that measure whether the agency is achieving
or making progress toward the purpose of the activity and toward
statewide priorities. The office of financial management shall provide
necessary professional and technical assistance to assist state
agencies in the development of strategic plans that include the mission
of the agency and its programs, measurable goals, strategies, and
performance measurement systems.
(4) Each state agency shall adopt procedures for and perform
continuous self-assessment of each activity, using the mission, goals,
objectives, and measurements required under subsections (2) and (3) of
this section. The assessment of the activity must also include an
evaluation of major information technology systems or projects that may
assist the agency in achieving or making progress toward the activity
purpose and statewide priorities. The evaluation of proposed major
information technology systems or projects shall be in accordance with
the standards and policies established by the ((information services
board)) office of the chief information officer. Agencies' progress
toward the mission, goals, objectives, and measurements required by
subsections (2) and (3) of this section is subject to review as set
forth in this subsection.
(a) The office of financial management shall regularly conduct
reviews of selected activities to analyze whether the objectives and
measurements submitted by agencies demonstrate progress toward
statewide results.
(b) The office of financial management shall consult with ((the
higher education coordinating board and)) the state board for community
and technical colleges in those reviews that involve institutions of
higher education.
(c) The goal is for all major activities to receive at least one
review each year.
(d) The office of financial management shall consult with the
((information services board)) office of the chief information officer
when conducting reviews of major information technology systems in use
by state agencies. The goal is that reviews of these information
technology systems occur periodically.
(5) It is the policy of the legislature that each agency's budget
recommendations must be directly linked to the agency's stated mission
and program, quality, and productivity goals and objectives.
Consistent with this policy, agency budget proposals must include
integration of performance measures that allow objective determination
of an activity's success in achieving its goals. When a review under
subsection (4) of this section or other analysis determines that the
agency's objectives demonstrate that the agency is making insufficient
progress toward the goals of any particular program or is otherwise
underachieving or inefficient, the agency's budget request shall
contain proposals to remedy or improve the selected programs. The
office of financial management shall develop a plan to merge the budget
development process with agency performance assessment procedures. The
plan must include a schedule to integrate agency strategic plans and
performance measures into agency budget requests and the governor's
budget proposal over three fiscal biennia. The plan must identify
those agencies that will implement the revised budget process in the
1997-1999 biennium, the 1999-2001 biennium, and the 2001-2003 biennium.
In consultation with the legislative fiscal committees, the office of
financial management shall recommend statutory and procedural
modifications to the state's budget, accounting, and reporting systems
to facilitate the performance assessment procedures and the merger of
those procedures with the state budget process. The plan and
recommended statutory and procedural modifications must be submitted to
the legislative fiscal committees by September 30, 1996.
(6) In reviewing agency budget requests in order to prepare the
governor's biennial budget request, the office of financial management
shall consider the extent to which the agency's activities demonstrate
progress toward the statewide budgeting priorities, along with any
specific review conducted under subsection (4) of this section.
(7) In the year of the gubernatorial election, the governor shall
invite the governor-elect or the governor-elect's designee to attend
all hearings provided in RCW 43.88.100; and the governor shall furnish
the governor-elect or the governor-elect's designee with such
information as will enable the governor-elect or the governor-elect's
designee to gain an understanding of the state's budget requirements.
The governor-elect or the governor-elect's designee may ask such
questions during the hearings and require such information as the
governor-elect or the governor-elect's designee deems necessary and may
make recommendations in connection with any item of the budget which,
with the governor-elect's reasons therefor, shall be presented to the
legislature in writing with the budget document. Copies of all such
estimates and other required information shall also be submitted to the
standing committees on ways and means of the house and senate.
Sec. 106 RCW 43.88.092 and 2011 1st sp.s. c 43 s 733 are each
amended to read as follows:
(1) As part of the biennial budget process, the office of financial
management shall collect from agencies, and agencies shall provide,
information to produce reports, summaries, and budget detail sufficient
to allow review, analysis, and documentation of all current and
proposed expenditures for information technology by state agencies.
Information technology budget detail must be included as part of the
budget submittal documentation required pursuant to RCW 43.88.030.
(2) The office of financial management must collect, and present as
part of the biennial budget documentation, information for all existing
information technology projects as defined by ((information))
technology services board policy. The office of financial management
must work with the office of the chief information officer to maximize
the ability to draw this information from the information technology
portfolio management data collected by the ((department of information
services pursuant to RCW 43.105.170)) consolidated technology services
agency. Connecting project information collected through the portfolio
management process with financial data developed under subsection (1)
of this section provides transparency regarding expenditure data for
existing technology projects.
(3) The biennial budget documentation submitted by the office of
financial management pursuant to RCW 43.88.030 must include an
information technology plan and a technology budget for the state
identifying current baseline funding for information technology,
proposed and ongoing major information technology projects, and their
associated costs. This plan and technology budget must be presented
using a method similar to the capital budget, identifying project costs
through stages of the project and across fiscal periods and biennia
from project initiation to implementation. This information must be
submitted electronically, in a format to be determined by the office of
financial management and the legislative evaluation and accountability
program committee.
(4) The office of financial management shall also institute a
method of accounting for information technology-related expenditures,
including creating common definitions for what constitutes an
information technology investment.
(5) For the purposes of this section, "major information technology
projects" includes projects that have a significant anticipated cost,
complexity, or are of statewide significance, such as enterprise-level
solutions, enterprise resource planning, and shared services
initiatives.
Sec. 107 RCW 43.88.160 and 2006 c 1 s 6 are each amended to read
as follows:
This section sets forth the major fiscal duties and
responsibilities of officers and agencies of the executive branch. The
regulations issued by the governor pursuant to this chapter shall
provide for a comprehensive, orderly basis for fiscal management and
control, including efficient accounting and reporting therefor, for the
executive branch of the state government and may include, in addition,
such requirements as will generally promote more efficient public
management in the state.
(1) Governor; director of financial management. The governor,
through the director of financial management, shall devise and
supervise a modern and complete accounting system for each agency to
the end that all revenues, expenditures, receipts, disbursements,
resources, and obligations of the state shall be properly and
systematically accounted for. The accounting system shall include the
development of accurate, timely records and reports of all financial
affairs of the state. The system shall also provide for central
accounts in the office of financial management at the level of detail
deemed necessary by the director to perform central financial
management. The director of financial management shall adopt and
periodically update an accounting procedures manual. Any agency
maintaining its own accounting and reporting system shall comply with
the updated accounting procedures manual and the rules of the director
adopted under this chapter. An agency may receive a waiver from
complying with this requirement if the waiver is approved by the
director. Waivers expire at the end of the fiscal biennium for which
they are granted. The director shall forward notice of waivers granted
to the appropriate legislative fiscal committees. The director of
financial management may require such financial, statistical, and other
reports as the director deems necessary from all agencies covering any
period.
(2) Except as provided in chapter 43.88C RCW, the director of
financial management is responsible for quarterly reporting of primary
operating budget drivers such as applicable workloads, caseload
estimates, and appropriate unit cost data. These reports shall be
transmitted to the legislative fiscal committees or by electronic means
to the legislative evaluation and accountability program committee.
Quarterly reports shall include actual monthly data and the variance
between actual and estimated data to date. The reports shall also
include estimates of these items for the remainder of the budget
period.
(3) The director of financial management shall report at least
annually to the appropriate legislative committees regarding the status
of all appropriated capital projects, including transportation
projects, showing significant cost overruns or underruns. If funds are
shifted from one project to another, the office of financial management
shall also reflect this in the annual variance report. Once a project
is complete, the report shall provide a final summary showing estimated
start and completion dates of each project phase compared to actual
dates, estimated costs of each project phase compared to actual costs,
and whether or not there are any outstanding liabilities or unsettled
claims at the time of completion.
(4) In addition, the director of financial management, as agent of
the governor, shall:
(a) Develop and maintain a system of internal controls and internal
audits comprising methods and procedures to be adopted by each agency
that will safeguard its assets, check the accuracy and reliability of
its accounting data, promote operational efficiency, and encourage
adherence to prescribed managerial policies for accounting and
financial controls. The system developed by the director shall include
criteria for determining the scope and comprehensiveness of internal
controls required by classes of agencies, depending on the level of
resources at risk.
Each agency head or authorized designee shall be assigned the
responsibility and authority for establishing and maintaining internal
audits following the standards of internal auditing of the institute of
internal auditors;
(b) Make surveys and analyses of agencies with the object of
determining better methods and increased effectiveness in the use of
manpower and materials; and the director shall authorize expenditures
for employee training to the end that the state may benefit from
training facilities made available to state employees;
(c) Establish policies for allowing the contracting of child care
services;
(d) Report to the governor with regard to duplication of effort or
lack of coordination among agencies;
(e) Review any pay and classification plans, and changes
thereunder, developed by any agency for their fiscal impact: PROVIDED,
That none of the provisions of this subsection shall affect merit
systems of personnel management now existing or hereafter established
by statute relating to the fixing of qualifications requirements for
recruitment, appointment, or promotion of employees of any agency. The
director shall advise and confer with agencies including appropriate
standing committees of the legislature as may be designated by the
speaker of the house and the president of the senate regarding the
fiscal impact of such plans and may amend or alter the plans, except
that for the following agencies no amendment or alteration of the plans
may be made without the approval of the agency concerned: Agencies
headed by elective officials;
(f) Fix the number and classes of positions or authorized employee
years of employment for each agency and during the fiscal period amend
the determinations previously fixed by the director except that the
director shall not be empowered to fix the number or the classes for
the following: Agencies headed by elective officials;
(g) Adopt rules to effectuate provisions contained in (a) through
(f) of this subsection.
(5) The treasurer shall:
(a) Receive, keep, and disburse all public funds of the state not
expressly required by law to be received, kept, and disbursed by some
other persons: PROVIDED, That this subsection shall not apply to those
public funds of the institutions of higher learning which are not
subject to appropriation;
(b) Receive, disburse, or transfer public funds under the
treasurer's supervision or custody;
(c) Keep a correct and current account of all moneys received and
disbursed by the treasurer, classified by fund or account;
(d) Coordinate agencies' acceptance and use of credit cards and
other payment methods, if the agencies have received authorization
under RCW 43.41.180;
(e) Perform such other duties as may be required by law or by
regulations issued pursuant to this law.
It shall be unlawful for the treasurer to disburse public funds in
the treasury except upon forms or by alternative means duly prescribed
by the director of financial management. These forms or alternative
means shall provide for authentication and certification by the agency
head or the agency head's designee that the services have been rendered
or the materials have been furnished; or, in the case of loans or
grants, that the loans or grants are authorized by law; or, in the case
of payments for periodic maintenance services to be performed on state
owned equipment, that a written contract for such periodic maintenance
services is currently in effect; and the treasurer shall not be liable
under the treasurer's surety bond for erroneous or improper payments so
made. When services are lawfully paid for in advance of full
performance by any private individual or business entity other than
equipment maintenance providers or as provided for by RCW 42.24.035,
such individual or entity other than central stores rendering such
services shall make a cash deposit or furnish surety bond coverage to
the state as shall be fixed in an amount by law, or if not fixed by
law, then in such amounts as shall be fixed by the director of the
department of ((general administration)) enterprise services but in no
case shall such required cash deposit or surety bond be less than an
amount which will fully indemnify the state against any and all losses
on account of breach of promise to fully perform such services. No
payments shall be made in advance for any equipment maintenance
services to be performed more than twelve months after such payment.
Any such bond so furnished shall be conditioned that the person, firm
or corporation receiving the advance payment will apply it toward
performance of the contract. The responsibility for recovery of
erroneous or improper payments made under this section shall lie with
the agency head or the agency head's designee in accordance with
regulations issued pursuant to this chapter. Nothing in this section
shall be construed to permit a public body to advance funds to a
private service provider pursuant to a grant or loan before services
have been rendered or material furnished.
(6) The state auditor shall:
(a) Report to the legislature the results of current post audits
that have been made of the financial transactions of each agency; to
this end the auditor may, in the auditor's discretion, examine the
books and accounts of any agency, official, or employee charged with
the receipt, custody, or safekeeping of public funds. Where feasible
in conducting examinations, the auditor shall utilize data and findings
from the internal control system prescribed by the office of financial
management. The current post audit of each agency may include a
section on recommendations to the legislature as provided in (c) of
this subsection.
(b) Give information to the legislature, whenever required, upon
any subject relating to the financial affairs of the state.
(c) Make the auditor's official report on or before the thirty-first of December which precedes the meeting of the legislature. The
report shall be for the last complete fiscal period and shall include
determinations as to whether agencies, in making expenditures, complied
with the laws of this state. The state auditor is authorized to
perform or participate in performance verifications and performance
audits as expressly authorized by the legislature in the omnibus
biennial appropriations acts or in the performance audit work plan
approved by the joint legislative audit and review committee. The
state auditor, upon completing an audit for legal and financial
compliance under chapter 43.09 RCW or a performance verification, may
report to the joint legislative audit and review committee or other
appropriate committees of the legislature, in a manner prescribed by
the joint legislative audit and review committee, on facts relating to
the management or performance of governmental programs where such facts
are discovered incidental to the legal and financial audit or
performance verification. The auditor may make such a report to a
legislative committee only if the auditor has determined that the
agency has been given an opportunity and has failed to resolve the
management or performance issues raised by the auditor. If the auditor
makes a report to a legislative committee, the agency may submit to the
committee a response to the report. This subsection (6) shall not be
construed to authorize the auditor to allocate other than de minimis
resources to performance audits except as expressly authorized in the
appropriations acts or in the performance audit work plan. The results
of a performance audit conducted by the state auditor that has been
requested by the joint legislative audit and review committee must only
be transmitted to the joint legislative audit and review committee.
(d) Be empowered to take exception to specific expenditures that
have been incurred by any agency or to take exception to other
practices related in any way to the agency's financial transactions and
to cause such exceptions to be made a matter of public record,
including disclosure to the agency concerned and to the director of
financial management. It shall be the duty of the director of
financial management to cause corrective action to be taken within six
months, such action to include, as appropriate, the withholding of
funds as provided in RCW 43.88.110. The director of financial
management shall annually report by December 31st the status of audit
resolution to the appropriate committees of the legislature, the state
auditor, and the attorney general. The director of financial
management shall include in the audit resolution report actions taken
as a result of an audit including, but not limited to, types of
personnel actions, costs and types of litigation, and value of recouped
goods or services.
(e) Promptly report any irregularities to the attorney general.
(f) Investigate improper governmental activity under chapter 42.40
RCW.
(g) ((In addition to the authority given to the state auditor in
this subsection (6), the state auditor is authorized to)) Conduct
performance audits identified in RCW 43.09.470. Nothing in this
subsection (6) shall limit, impede, or restrict the state auditor from
conducting performance audits identified in RCW 43.09.470.
(7) The joint legislative audit and review committee may:
(a) Make post audits of the financial transactions of any agency
and management surveys and program reviews as provided for in chapter
44.28 RCW as well as performance audits and program evaluations. To
this end the joint committee may in its discretion examine the books,
accounts, and other records of any agency, official, or employee.
(b) Give information to the legislature or any legislative
committee whenever required upon any subject relating to the
performance and management of state agencies.
(c) Make a report to the legislature which shall include at least
the following:
(i) Determinations as to the extent to which agencies in making
expenditures have complied with the will of the legislature and in this
connection, may take exception to specific expenditures or financial
practices of any agencies; and
(ii) Such plans as it deems expedient for the support of the
state's credit, for lessening expenditures, for promoting frugality and
economy in agency affairs, and generally for an improved level of
fiscal management.
Sec. 108 RCW 43.88.350 and 1998 c 105 s 16 are each amended to
read as follows:
Any rate increases proposed for or any change in the method of
calculating charges from the legal services revolving fund or services
provided in accordance with RCW 43.01.090 or 43.19.500 in the ((general
administration)) enterprise services account is subject to approval by
the director of financial management prior to implementation.
Sec. 109 RCW 43.88.560 and 2010 c 282 s 4 are each amended to
read as follows:
The director of financial management shall establish policies and
standards governing the funding of major information technology
projects ((as required under RCW 43.105.190(2))). The director of
financial management shall also direct the collection of additional
information on information technology projects and submit an
information technology plan as required under RCW 43.88.092.
Sec. 110 RCW 43.96B.215 and 1973 1st ex.s. c 116 s 4 are each
amended to read as follows:
At the time the state finance committee determines to issue such
bonds or a portion thereof, it may, pending the issuing of such bonds,
issue, in the name of the state, temporary notes in anticipation of the
money to be derived from the sale of the bonds, which notes shall be
designated as "anticipation notes". Such portion of the proceeds of
the sale of such bonds that may be required for such purpose shall be
applied to the payment of the principal of and interest on such
anticipation notes which have been issued. The proceeds from the sale
of bonds authorized by RCW 43.96B.200 through 43.96B.245 and any
interest earned on the interim investment of such proceeds, shall be
deposited in the state building construction account of the general
fund in the state treasury and shall be used exclusively for the
purposes specified in RCW 43.96B.200 through 43.96B.245 and for the
payment of expenses incurred in the issuance and sale of the bonds.
The Expo '74 commission is hereby authorized to acquire property, real
and personal, by lease, purchase(([,])), condemnation or gift to
achieve the objectives of chapters 1, 2, and 3, Laws of 1971 ex. sess.,
and RCW 43.96B.200 through 43.96B.245. The commission is further
directed pursuant to RCW 43.19.450 to utilize the department of
((general administration)) enterprise services to accomplish the
purposes set forth herein.
Sec. 111 RCW 43.99G.020 and 1989 1st ex.s. c 14 s 13 are each
amended to read as follows:
Bonds issued under RCW 43.99G.010 are subject to the following
conditions and limitations:
(1) General obligation bonds of the state of Washington in the sum
of thirty-eight million fifty-four thousand dollars, or so much thereof
as may be required, shall be issued for the purpose of providing funds
for grants and loans to local governments and subdivisions of the state
for capital projects through the community economic revitalization
board and for the department of ((general administration)) enterprise
services, military department, parks and recreation commission, and
department of corrections to acquire real property and perform capital
projects which consist of the planning, designing, constructing,
remodeling, repairing, furnishing, and equipping of state buildings,
structures, utilities, roads, grounds, lands, and waters, and to
provide for the administrative cost of such projects, including costs
of bond issuance and retirement, salaries and related costs of
officials and employees of the state, costs of insurance or credit
enhancement agreements, and other expenses incidental to the
administration of capital projects. The proceeds from the sale of the
bonds issued for the purposes of this subsection shall be deposited in
the state building construction account, shall be used exclusively for
the purposes specified in this subsection and for the payment of
expenses incurred in the issuance and sale of the bonds issued for the
purposes of this subsection, and shall be administered by the
department of ((general administration)) enterprise services, subject
to legislative appropriation.
(2) General obligation bonds of the state of Washington in the sum
of four million six hundred thirty-five thousand dollars, or so much
thereof as may be required, shall be issued for the purpose of
providing funds for the planning, design, acquisition, construction,
and improvement of a Washington state agricultural trade center, and to
provide for the administrative cost of such projects, including costs
of bond issuance and retirement, salaries and related costs of
officials and employees of the state, costs of insurance or credit
enhancement agreements, and other expenses incidental to the
administration of capital projects. The proceeds from the sale of the
bonds issued for the purposes of this subsection shall be deposited in
the state building construction account, shall be used exclusively for
the purposes specified in this subsection and for the payment of
expenses incurred in the issuance and sale of the bonds issued for the
purposes of this subsection, and shall be administered as provided in
the capital budget acts, subject to legislative appropriation.
(3) General obligation bonds of the state of Washington in the sum
of twenty-five million dollars, or so much thereof as may be required,
shall be issued for the purpose of providing funds for the department
of social and health services and the department of corrections to
perform capital projects which consist of the planning, designing,
constructing, remodeling, repairing, furnishing, and equipping of state
buildings, structures, utilities, roads, and grounds, and to provide
for the administrative cost of such projects, including costs of bond
issuance and retirement, salaries and related costs of officials and
employees of the state, costs of insurance or credit enhancement
agreements, and other expenses incidental to the administration of
capital projects. The proceeds from the sale of the bonds issued for
the purposes of this subsection shall be deposited in the social and
health services construction account, shall be used exclusively for the
purposes specified in this subsection and for the payment of expenses
incurred in the issuance and sale of the bonds issued for the purposes
of this subsection, and shall be administered by the department of
social and health services, subject to legislative appropriation.
(4) General obligation bonds of the state of Washington in the sum
of one million dollars, or so much thereof as may be required, shall be
issued for the purpose of providing funds for the department of
((fisheries)) fish and wildlife to acquire real property and perform
capital projects which consist of the planning, designing,
constructing, remodeling, repairing, furnishing, and equipping of state
buildings, structures, utilities, roads, grounds, lands, and waters,
and to provide for the administrative cost of such projects, including
costs of bond issuance and retirement, salaries and related costs of
officials and employees of the state, costs of insurance or credit
enhancement agreements, and other expenses incidental to the
administration of capital projects. The proceeds from the sale of the
bonds issued for the purposes of this subsection shall be deposited in
the fisheries capital projects account, shall be used exclusively for
the purposes specified in this subsection and for the payment of
expenses incurred in the issuance and sale of the bonds issued for the
purposes of this subsection, and shall be administered by the
department of fisheries, subject to legislative appropriation.
(5) General obligation bonds of the state of Washington in the sum
of fifty-three million dollars, or so much thereof as may be required,
shall be issued for the purpose of providing funds for state agencies
and the institutions of higher education, including the community
colleges, to perform capital renewal projects which consist of the
planning, designing, constructing, remodeling, repairing, furnishing,
and equipping of state buildings, structures, utilities, roads,
grounds, lands, and waters, and to provide for the administrative cost
of such projects, including costs of bond issuance and retirement,
salaries and related costs of officials and employees of the state,
costs of insurance or credit enhancement agreements, and other expenses
incidental to the administration of capital projects. The proceeds
from the sale of the bonds issued for the purposes of this subsection
shall be deposited in the state facilities renewal account hereby
created in the state treasury, shall be used exclusively for the
purposes specified in this subsection and for the payment of expenses
incurred in the issuance and sale of the bonds issued for the purposes
of this subsection, and shall be administered as provided in the
capital budget acts, subject to legislative appropriation.
(6) General obligation bonds of the state of Washington in the sum
of twenty-two million dollars, or so much thereof as may be required,
shall be issued for the purpose of providing funds for the University
of Washington and the state community colleges to perform capital
projects which consist of the planning, designing, constructing,
remodeling, repairing, improving, furnishing, and equipping of state
buildings, structures, utilities, roads, grounds, and lands, and to
provide for the administrative cost of such projects, including costs
of bond issuance and retirement, salaries and related costs of
officials and employees of the state, costs of insurance or credit
enhancement agreements, and other expenses incidental to the
administration of capital projects. The proceeds from the sale of the
bonds issued for the purposes of this subsection shall be deposited in
the higher education reimbursable short-term bond account hereby
created in the state treasury, shall be used exclusively for the
purposes specified in this subsection and for the payment of expenses
incurred in the issuance and sale of the bonds issued for the purposes
of this subsection, and shall be administered by the University of
Washington, subject to legislative appropriation.
(7) General obligation bonds of the state of Washington in the sum
of twenty-eight million dollars, or so much thereof as may be required,
shall be issued for the purpose of providing funds for the institutions
of higher education to perform capital projects which consist of the
planning, designing, constructing, remodeling, repairing, furnishing,
and equipping of state buildings, structures, utilities, roads,
grounds, and lands, and to provide for the administrative cost of such
projects, including costs of bond issuance and retirement, salaries and
related costs of officials and employees of the state, costs of
insurance or credit enhancement agreements, and other expenses
incidental to the administration of capital projects. The proceeds
from the sale of the bonds issued for the purposes of this subsection
shall be deposited in the higher education construction account, shall
be used exclusively for the purposes specified in this subsection and
for the payment of expenses incurred in the issuance and sale of the
bonds issued for the purposes of this subsection, and shall be
administered by Washington State University, subject to legislative
appropriation.
(8) General obligation bonds of the state of Washington in the sum
of seventy-five million dollars, or so much thereof as may be required,
shall be issued for the purpose of providing funds for the institutions
of higher education, including facilities for the community college
system, to perform capital projects which consist of the planning,
designing, constructing, remodeling, repairing, furnishing, and
equipping of state buildings, structures, utilities, roads, grounds,
and lands, and to provide for the administrative cost of such projects,
including costs of bond issuance and retirement, salaries and related
costs of officials and employees of the state, costs of insurance or
credit enhancement agreements, and other expenses incidental to the
administration of capital projects. The proceeds from the sale of the
bonds issued for the purposes of this subsection, together with all
grants, donations, transferred funds, and all other moneys which the
state finance committee may direct the state treasurer to deposit
therein, shall be deposited in the state higher education construction
account in the state treasury and shall be used exclusively for the
purposes specified in this subsection and for the payment of expenses
incurred in the issuance and sale of the bonds issued for the purposes
of this subsection.
Sec. 112 RCW 43.101.080 and 2011 c 234 s 1 are each amended to
read as follows:
The commission shall have all of the following powers:
(1) To meet at such times and places as it may deem proper;
(2) To adopt any rules and regulations as it may deem necessary;
(3) To contract for services as it deems necessary in order to
carry out its duties and responsibilities;
(4) To cooperate with and secure the cooperation of any department,
agency, or instrumentality in state, county, and city government, and
other commissions affected by or concerned with the business of the
commission;
(5) To do any and all things necessary or convenient to enable it
fully and adequately to perform its duties and to exercise the power
granted to it;
(6) To select and employ an executive director, and to empower him
or her to perform such duties and responsibilities as it may deem
necessary;
(7) To assume legal, fiscal, and program responsibility for all
training conducted by the commission;
(8) To establish, by rule and regulation, standards for the
training of criminal justice personnel where such standards are not
prescribed by statute;
(9) To own, establish, and operate, or to contract with other
qualified institutions or organizations for the operation of, training
and education programs for criminal justice personnel and to purchase,
lease, or otherwise acquire, subject to the approval of the department
of ((general administration)) enterprise services, a training facility
or facilities necessary to the conducting of such programs;
(10) To establish, by rule and regulation, minimum curriculum
standards for all training programs conducted for employed criminal
justice personnel;
(11) To review and approve or reject standards for instructors of
training programs for criminal justice personnel, and to employ
personnel on a temporary basis as instructors without any loss of
employee benefits to those instructors;
(12) To direct the development of alternative, innovate, and
interdisciplinary training techniques;
(13) To review and approve or reject training programs conducted
for criminal justice personnel and rules establishing and prescribing
minimum training and education standards recommended by the training
standards and education boards;
(14) To allocate financial resources among training and education
programs conducted by the commission;
(15) To allocate training facility space among training and
education programs conducted by the commission;
(16) To issue diplomas certifying satisfactory completion of any
training or education program conducted or approved by the commission
to any person so completing such a program;
(17) To provide for the employment of such personnel as may be
practical to serve as temporary replacements for any person engaged in
a basic training program as defined by the commission;
(18) To establish rules and regulations recommended by the training
standards and education boards prescribing minimum standards relating
to physical, mental and moral fitness which shall govern the
recruitment of criminal justice personnel where such standards are not
prescribed by statute or constitutional provision;
(19) To require county, city, or state law enforcement agencies
that make a conditional offer of employment to an applicant as a fully
commissioned peace officer or a reserve officer to administer a
background investigation including a check of criminal history, a
psychological examination, and a polygraph test or similar assessment
to each applicant, the results of which shall be used by the employer
to determine the applicant's suitability for employment as a fully
commissioned peace officer or a reserve officer. The background
investigation, psychological examination, and the polygraph examination
shall be administered in accordance with the requirements of RCW
43.101.095(2). The employing county, city, or state law enforcement
agency may require that each peace officer or reserve officer who is
required to take a psychological examination and a polygraph or similar
test pay a portion of the testing fee based on the actual cost of the
test or four hundred dollars, whichever is less. County, city, and
state law enforcement agencies may establish a payment plan if they
determine that the peace officer or reserve officer does not readily
have the means to pay for his or her portion of the testing fee;
(20) To promote positive relationships between law enforcement and
the citizens of the state of Washington by allowing commissioners and
staff to participate in the "chief for a day program." The executive
director shall designate staff who may participate. In furtherance of
this purpose, the commission may accept grants of funds and gifts and
may use its public facilities for such purpose. At all times, the
participation of commissioners and staff shall comply with chapter
42.52 RCW and chapter 292-110 WAC.
All rules and regulations adopted by the commission shall be
adopted and administered pursuant to the administrative procedure act,
chapter 34.05 RCW, and the open public meetings act, chapter 42.30 RCW.
Sec. 113 RCW 43.101.901 and 2001 c 166 s 2 are each amended to
read as follows:
The legislature authorizes the department of ((general
administration)) enterprise services to transfer the Washington state
training and conference center located at 19010 First Avenue, Burien,
Washington, 98148, to the criminal justice training commission.
Sec. 114 RCW 43.105.178 and 2010 c 282 s 12 are each amended to
read as follows:
(1) The ((department)) agency, in collaboration with state
agencies, shall conduct an inventory from existing data sets of
information technology assets owned or leased by state agencies. This
inventory must be used to inform the development of a state information
technology asset management process. Prior to implementation of any
state information technology asset management process, the
((department)) agency must submit its recommended approach, including
an estimate of the associated implementation costs, to the technology
services board for approval.
(2) For the purposes of this section, "state agency" includes every
state office, department, division, bureau, board, commission, or other
state agency, including offices headed by a statewide elected official,
and offices in the legislative and judicial branches of state
government, notwithstanding the provisions of RCW 44.68.105.
Sec. 115 RCW 43.105.340 and 2011 1st sp.s. c 21 s 12 are each
amended to read as follows:
(1) The ((department)) agency shall coordinate among state agencies
to develop a consumer protection web site. The web site shall serve as
a one-stop web site for consumer information. At a minimum, the web
site must provide links to information on:
(a) Insurance information provided by the office of the insurance
commissioner, including information on how to file consumer complaints
against insurance companies, how to look up authorized insurers, and
how to learn more about health insurance benefits;
(b) Child care information provided by the department of early
learning, including how to select a child care provider, how child care
providers are rated, and information about product recalls;
(c) Financial information provided by the department of financial
institutions, including consumer information on financial fraud,
investing, credit, and enforcement actions;
(d) Health care information provided by the department of health,
including health care provider listings and quality assurance
information;
(e) Home care information provided by the ((department)) agency,
including information to assist consumers in finding an in-home
provider;
(f) Licensing information provided by the department of licensing,
including information regarding business, vehicle, and professional
licensing; and
(g) Other information available on existing state agency web sites
that could be a helpful resource for consumers.
(2) By July 1, 2008, state agencies shall report to the
((department)) agency on whether they maintain resources for consumers
that could be made available through the consumer protection web site.
(3) By September 1, 2008, the ((department)) agency shall make the
consumer protection web site available to the public.
(4) After September 1, 2008, the ((department)) agency, in
coordination with other state agencies, shall develop a plan on how to
build upon the consumer protection web site to create a consumer
protection portal. The plan must also include an examination of the
feasibility of developing a toll-free information line to support the
consumer protection portal. The plan must be submitted to the governor
and the appropriate committees of the legislature by December 1, 2008.
Sec. 116 RCW 43.105.905 and 2008 c 262 s 4 are each amended to
read as follows:
Nothing in this act may be construed as giving the ((department of
information services)) consolidated technology services agency or any
other entities any additional authority, regulatory or otherwise, over
providers of telecommunications and information technology.
Sec. 117 RCW 43.320.011 and 1995 c 238 s 6 are each amended to
read as follows:
(1) All powers, duties, and functions of the department of
((general administration)) enterprise services under Titles 30, 31, 32,
33, and 43 RCW and any other title pertaining to duties relating to
banks, savings banks, foreign bank branches, savings and loan
associations, credit unions, consumer loan companies, check cashers and
sellers, trust companies and departments, and other similar
institutions are transferred to the department of financial
institutions. All references to the director of ((general
administration)) enterprise services, supervisor of banking, or the
supervisor of savings and loan associations in the Revised Code of
Washington are construed to mean the director of the department of
financial institutions when referring to the functions transferred in
this section. All references to the department of ((general
administration)) enterprise services in the Revised Code of Washington
are construed to mean the department of financial institutions when
referring to the functions transferred in this subsection.
(2) All powers, duties, and functions of the department of
licensing under chapters 18.44, 19.100, 19.110, 21.20, 21.30, and
48.18A RCW and any other statute pertaining to the regulation under the
chapters listed in this subsection of escrow agents, securities,
franchises, business opportunities, commodities, and any other
speculative investments are transferred to the department of financial
institutions. All references to the director or department of
licensing in the Revised Code of Washington are construed to mean the
director or department of financial institutions when referring to the
functions transferred in this subsection.
Sec. 118 RCW 43.320.012 and 1993 c 472 s 7 are each amended to
read as follows:
All reports, documents, surveys, books, records, files, papers, or
other written or electronically stored material in the possession of
the department of ((general administration)) enterprise services or the
department of licensing and pertaining to the powers, functions, and
duties transferred by RCW 43.320.011 shall be delivered to the custody
of the department of financial institutions. All cabinets, furniture,
office equipment, motor vehicles, and other tangible property purchased
by the division of banking and the division of savings and loan in
carrying out the powers, functions, and duties transferred by RCW
43.320.011 shall be transferred to the department of financial
institutions. All cabinets, furniture, office equipment, motor
vehicles, and other tangible property employed by the department of
licensing in carrying out the powers, functions, and duties transferred
by RCW 43.320.011 shall be made available to the department of
financial institutions. All funds, credits, or other assets held by
the department of ((general administration)) enterprise services or the
department of licensing in connection with the powers, functions, and
duties transferred by RCW 43.320.011 shall be assigned to the
department of financial institutions.
Any appropriations made to the department of ((general
administration)) enterprise services or the department of licensing for
carrying out the powers, functions, and duties transferred by RCW
43.320.011 shall, on October 1, 1993, be transferred and credited to
the department of financial institutions.
If a dispute 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.
Sec. 119 RCW 43.320.013 and 1995 c 238 s 7 are each amended to
read as follows:
All employees classified under chapter 41.06 RCW, the state civil
service law, who are employees of the department of ((general
administration)) enterprise services or the department of licensing
engaged in performing the powers, functions, and duties transferred by
RCW 43.320.011, except those under chapter 18.44 RCW, are transferred
to the department of financial institutions. All such employees are
assigned to the department of financial institutions 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.
Sec. 120 RCW 43.320.014 and 1993 c 472 s 10 are each amended to
read as follows:
All rules and all pending business before the department of
((general administration)) enterprise services or the department of
licensing pertaining to the powers, functions, and duties transferred
by RCW 43.320.011 shall be continued and acted upon by the department
of financial institutions. All existing contracts and obligations
shall remain in full force and shall be performed by the department of
financial institutions.
Sec. 121 RCW 43.320.015 and 1993 c 472 s 11 are each amended to
read as follows:
The transfer of the powers, duties, functions, and personnel of the
department of ((general administration)) enterprise services or the
department of licensing under RCW 43.320.011 through 43.320.014 does
not affect the validity of any act performed by such an employee before
October 1, 1993.
Sec. 122 RCW 43.320.901 and 1993 c 472 s 32 are each amended to
read as follows:
The directors of the department of ((general administration))
enterprise services and the department of licensing shall take such
steps as are necessary to ensure that this act is implemented on
October 1, 1993.
Sec. 123 RCW 43.325.020 and 2009 c 451 s 3 are each amended to
read as follows:
(1) The energy freedom program is established within the
department. The director may establish policies and procedures
necessary for processing, reviewing, and approving applications made
under this chapter.
(2) When reviewing applications submitted under this program, the
director shall consult with those agencies and other public entities
having expertise and knowledge to assess the technical and business
feasibility of the project and probability of success. These agencies
may include, but are not limited to, Washington State University, the
University of Washington, the department of ecology, the department of
natural resources, the department of agriculture, the department of
((general administration)) enterprise services, local clean air
authorities, the Washington state conservation commission, and the
clean energy leadership council created in section 2, chapter 318, Laws
of 2009.
(3) Except as provided in subsections (4) and (5) of this section,
the director, in cooperation with the department of agriculture, may
approve an application only if the director finds:
(a) The project will convert farm products, wastes, cellulose, or
biogas directly into electricity or biofuel or other coproducts
associated with such conversion;
(b) The project demonstrates technical feasibility and directly
assists in moving a commercially viable project into the marketplace
for use by Washington state citizens;
(c) The facility will produce long-term economic benefits to the
state, a region of the state, or a particular community in the state;
(d) The project does not require continuing state support;
(e) The assistance will result in new jobs, job retention, or
higher incomes for citizens of the state;
(f) The state is provided an option under the assistance agreement
to purchase a portion of the fuel or feedstock to be produced by the
project, exercisable by the department of ((general administration))
enterprise services;
(g) The project will increase energy independence or diversity for
the state;
(h) The project will use feedstocks produced in the state, if
feasible, except this criterion does not apply to the construction of
facilities used to distribute and store fuels that are produced from
farm products or wastes;
(i) Any product produced by the project will be suitable for its
intended use, will meet accepted national or state standards, and will
be stored and distributed in a safe and environmentally sound manner;
(j) The application provides for adequate reporting or disclosure
of financial and employment data to the director, and permits the
director to require an annual or other periodic audit of the project
books; and
(k) For research and development projects, the application has been
independently reviewed by a peer review committee as defined in RCW
43.325.010 and the findings delivered to the director.
(4) When reviewing an application for a refueling project, the
coordinator may award a grant or a loan to an applicant if the director
finds:
(a) The project will offer alternative fuels to the motoring
public;
(b) The project does not require continued state support;
(c) The project is located within a green highway zone as defined
in RCW 43.325.010;
(d) The project will contribute towards an efficient and adequately
spaced alternative fuel refueling network along the green highways
designated in RCW 47.17.020, 47.17.135, and 47.17.140; and
(e) The project will result in increased access to alternative
fueling infrastructure for the motoring public along the green highways
designated in RCW 47.17.020, 47.17.135, and 47.17.140.
(5) When reviewing an application for energy efficiency
improvements, renewable energy improvements, or innovative energy
technology, the director may award a grant or a loan to an applicant if
the director finds:
(a) The project or program will result in increased access for the
public, state and local governments, and businesses to energy
efficiency improvements, renewable energy improvements, or innovative
energy technologies;
(b) The project or program demonstrates technical feasibility and
directly assists in moving a commercially viable project into the
marketplace for use by Washington state citizens;
(c) The project or program does not require continued state
support; or
(d) The federal government has provided funds with a limited time
frame for use for energy independence and security, energy efficiency,
renewable energy, innovative energy technologies, or conservation.
(6)(a) The director may approve a project application for
assistance under subsection (3) of this section up to five million
dollars. In no circumstances shall this assistance constitute more
than fifty percent of the total project cost.
(b) The director may approve a refueling project application for a
grant or a loan under subsection (4) of this section up to fifty
thousand dollars. In no circumstances shall a grant or a loan award
constitute more than fifty percent of the total project cost.
(7) The director shall enter into agreements with approved
applicants to fix the terms and rates of the assistance to minimize the
costs to the applicants, and to encourage establishment of a viable
bioenergy or biofuel industry, or a viable energy efficiency, renewable
energy, or innovative energy technology industry. The agreement shall
include provisions to protect the state's investment, including a
requirement that a successful applicant enter into contracts with any
partners that may be involved in the use of any assistance provided
under this program, including services, facilities, infrastructure, or
equipment. Contracts with any partners shall become part of the
application record.
(8) The director may defer any payments for up to twenty-four
months or until the project starts to receive revenue from operations,
whichever is sooner.
Sec. 124 RCW 43.325.030 and 2009 c 451 s 4 are each amended to
read as follows:
The director of the department shall appoint a coordinator that is
responsible for:
(1) Managing, directing, inventorying, and coordinating state
efforts to promote, develop, and encourage biofuel and energy
efficiency, renewable energy, and innovative energy technology markets
in Washington;
(2) Developing, coordinating, and overseeing the implementation of
a plan, or series of plans, for the production, transport,
distribution, and delivery of biofuels produced predominantly from
recycled products or Washington feedstocks;
(3) Working with the departments of transportation and ((general
administration)) enterprise services, and other applicable state and
local governmental entities and the private sector, to ensure the
development of biofuel fueling stations for use by state and local
governmental motor vehicle fleets, and to provide greater availability
of public biofuel fueling stations for use by state and local
governmental motor vehicle fleets;
(4) Coordinating with the Western Washington University alternative
automobile program for opportunities to support new Washington state
technology for conversion of fossil fuel fleets to biofuel, hybrid, or
alternative fuel propulsion;
(5) Coordinating with the University of Washington's college of
forest management and the Olympic natural resources center for the
identification of barriers to using the state's forest resources for
fuel production, including the economic and transportation barriers of
physically bringing forest biomass to the market;
(6) Coordinating with the department of agriculture and Washington
State University for the identification of other barriers for future
biofuels development and development of strategies for furthering the
penetration of the Washington state fossil fuel market with Washington
produced biofuels, particularly among public entities.
Sec. 125 RCW 43.330.907 and 2010 c 271 s 308 are each amended to
read as follows:
(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 ((general
administration)) enterprise services. 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 ((general
administration)) enterprise services 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 ((general
administration)) enterprise 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
((general administration)) enterprise services. All funds, credits, or
other assets held in connection with the powers, functions, and duties
transferred shall be assigned to the department of ((general
administration)) enterprise services.
(b) Any appropriations made to the department of commerce for
carrying out the powers, functions, and duties transferred shall, on
July 1, 2010, be transferred and credited to the department of
((general administration)) enterprise 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 ((general
administration)) enterprise services. All employees classified under
chapter 41.06 RCW, the state civil service law, are assigned to the
department of ((general administration)) enterprise 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 ((general
administration)) enterprise services. All existing contracts and
obligations shall remain in full force and shall be performed by the
department of ((general administration)) enterprise 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 July 1, 2010.
(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 ((general administration)) enterprise services
under this section whose positions are within an existing bargaining
unit description at the department of ((general administration))
enterprise services shall become a part of the existing bargaining unit
at the department of ((general administration)) enterprise services and
shall be considered an appropriate inclusion or modification of the
existing bargaining unit under the provisions of chapter 41.80 RCW.
Sec. 126 RCW 43.331.040 and 2010 1st sp.s. c 35 s 301 are each
amended to read as follows:
(1) The department of commerce, in consultation with the department
of ((general administration)) enterprise services and the Washington
State University energy program, shall administer the jobs act.
(2) The department of ((general administration)) enterprise
services must develop guidelines that are consistent with national and
international energy savings performance standards for the
implementation of energy savings performance contracting projects by
the energy savings performance contractors by December 31, 2010.
(3) The definitions in this section apply throughout this chapter
((and RCW 43.331.050)) unless the context clearly requires otherwise.
(a) "Cost-effectiveness" means that the present value to higher
education institutions and school districts of the energy reasonably
expected to be saved or produced by a facility, activity, measure, or
piece of equipment over its useful life, including any compensation
received from a utility or the Bonneville power administration, is
greater than the net present value of the costs of implementing,
maintaining, and operating such facility, activity, measure, or piece
of equipment over its useful life, when discounted at the cost of
public borrowing.
(b) "Energy cost savings" means savings realized in expenses for
energy use and expenses associated with water, wastewater, or solid
waste systems.
(c) "Energy equipment" means energy management systems and any
equipment, materials, or supplies that are expected, upon installation,
to reduce the energy use or energy cost of an existing building or
facility, and the services associated with the equipment, materials, or
supplies, including but not limited to design, engineering, financing,
installation, project management, guarantees, operations, and
maintenance. Reduction in energy use or energy cost may also include
reductions in the use or cost of water, wastewater, or solid waste.
(d) "Energy savings performance contracting" means the process
authorized by chapter 39.35C RCW by which a company contracts with a
public agency to conduct energy audits and guarantee energy savings
from energy efficiency.
(e) "Innovative measures" means advanced or emerging technologies,
systems, or approaches that may not yet be in common practice but
improve energy efficiency, accelerate deployment, or reduce energy
usage, and become widely commercially available in the future if proven
successful in demonstration programs without compromising the
guaranteed performance or measurable energy and operational cost
savings anticipated. Examples of innovative measures include, but are
not limited to, advanced energy and systems operations monitoring,
diagnostics, and controls systems for buildings; novel heating,
cooling, ventilation, and water heating systems; advanced windows and
insulation technologies, highly efficient lighting technologies,
designs, and controls; and integration of renewable energy sources into
buildings, and energy savings verification technologies and solutions.
(f) "Operational cost savings" means savings realized from parts,
service fees, capital renewal costs, and other measurable annual
expenses to maintain and repair systems. This definition does not mean
labor savings related to existing facility staff.
(g) "Public facilities" means buildings, building components, and
major equipment or systems owned by public school districts and public
higher education institutions.
Sec. 127 RCW 43.331.050 and 2010 1st sp.s. c 35 s 302 are each
amended to read as follows:
(1) Within appropriations specifically provided for the purposes of
this chapter, the department of commerce, in consultation with the
department of ((general administration)) enterprise services, and the
Washington State University energy program shall establish a
competitive process to solicit and evaluate applications from public
school districts, public higher education institutions, and other state
agencies. Final grant awards shall be determined by the department of
commerce.
(2) Grants must be awarded in competitive rounds, based on demand
and capacity, with at least five percent of each grant round awarded to
small public school districts with fewer than one thousand full-time
equivalent students, based on demand and capacity.
(3) Within each competitive round, projects must be weighted and
prioritized based on the following criteria and in the following order:
(a) Leverage ratio: In each round, the higher the leverage ratio
of nonstate funding sources to state jobs act grant, the higher the
project ranking.
(b) Energy savings: In each round, the higher the energy savings,
the higher the project ranking. Applicants must submit documentation
that demonstrates energy and operational cost savings resulting from
the installation of the energy equipment and improvements. The energy
savings analysis must be performed by a licensed engineer and
documentation must include but is not limited to the following:
(i) A description of the energy equipment and improvements;
(ii) A description of the energy and operational cost savings; and
(iii) A description of the extent to which the project employs
collaborative and innovative measures and encourages demonstration of
new and emerging technologies with high energy savings or energy cost
reductions.
(c) Expediency of expenditure: Project readiness to spend funds
must be prioritized so that the legislative intent to expend funds
quickly is met.
(4) Projects that do not use energy savings performance contracting
must: (a) Verify energy and operational cost savings, as defined in
RCW 43.331.040, for ten years or until the energy and operational costs
savings pay for the project, whichever is shorter; (b) follow the
department of ((general administration's)) enterprise services' energy
savings performance contracting project guidelines developed pursuant
to RCW 43.331.040; and (c) employ a licensed engineer for the energy
audit and construction. The department of commerce may require third-party verification of savings if a project is not implemented by an
energy savings performance contractor selected by the department of
((general administration)) enterprise services through the request of
qualifications process. Third-party verification must be conducted
either by an energy savings performance contractor selected by the
department of ((general administration)) enterprise services through a
request for qualifications, a licensed engineer specializing in energy
conservation, or by a project resource conservation manager or
educational service district resource conservation manager.
(5) To intensify competition, the department of commerce may only
award funds to the top eighty-five percent of projects applying in a
round until the department of commerce determines a final round is
appropriate. Projects that do not receive a grant award in one round
may reapply in subsequent rounds.
(6) To match federal grants and programs that require state
matching funds and produce significantly higher efficiencies in
operations and utilities, the level of innovation criteria may be
increased for the purposes of weighted scoring to capture those federal
dollars for selected projects that require a higher level of innovation
and regional collaboration.
(7) Grant amounts awarded to each project must allow for the
maximum number of projects funded with the greatest energy and cost
benefit.
(8)(a) The department of commerce must use bond proceeds to pay
one-half of the preliminary audit, up to five cents per square foot, if
the project does not meet the school district's and higher education
institution's predetermined cost-effectiveness criteria. School
districts and higher education institutions must pay the other one-half
of the cost of the preliminary audit if the project does not meet their
predetermined cost-effectiveness criteria.
(b) The energy savings performance contractor may not charge for an
investment grade audit if the project does not meet the school
district's and higher education institution's predetermined cost-effectiveness criteria. School districts and higher education
institutions must pay the full price of an investment grade audit if
they do not proceed with a project that meets the school district's and
higher education institution's predetermined cost-effectiveness
criteria.
(9) The department of commerce may charge projects administrative
fees and may pay the department of ((general administration))
enterprise services and the Washington State University energy program
administration fees in an amount determined through a memorandum of
understanding.
(10) The department of commerce and the department of ((general
administration)) enterprise services must submit a joint report to the
appropriate committees of the legislature and the office of financial
management on the timing and use of the grant funds, program
administrative function, compliance with apprenticeship utilization
requirements in RCW 39.04.320, compliance with prevailing wage
requirements, and administration fees by the end of each fiscal year,
until the funds are fully expended and all savings verification
requirements are fulfilled.
Sec. 128 RCW 44.68.065 and 2010 c 282 s 8 are each amended to
read as follows:
The legislative service center, under the direction of the joint
legislative systems committee and the joint legislative systems
administrative committee, shall:
(1) Develop a legislative information technology portfolio
consistent with the provisions of RCW ((43.105.172)) 43.41A.110;
(2) Participate in the development of an enterprise-based statewide
information technology strategy ((as defined in RCW 43.105.019));
(3) Ensure the legislative information technology portfolio is
organized and structured to clearly indicate participation in and use
of enterprise-wide information technology strategies;
(4) As part of the biennial budget process, submit the legislative
information technology portfolio to the chair and ranking member of the
ways and means committees of the house of representatives and the
senate, the office of financial management, and the ((department of
information services)) consolidated technology services agency.
Sec. 129 RCW 44.73.010 and 2007 c 453 s 2 are each amended to
read as follows:
(1) There is created in the legislature a legislative gift center
for the retail sale of products bearing the state seal, Washington
state souvenirs, other Washington products, and other products as
approved. Wholesale purchase of products for sale at the legislative
gift center is not subject to competitive bidding.
(2) Governance for the legislative gift center shall be under the
chief clerk of the house of representatives and the secretary of the
senate. They may designate a legislative staff member as the lead
staff person to oversee management and operation of the gift shop.
(3) The chief clerk of the house of representatives and secretary
of the senate shall consult with the department of ((general
administration)) enterprise services in planning, siting, and
maintaining legislative building space for the gift center.
(4) Products bearing the "Seal of the State of Washington" as
described in Article XVIII, section 1 of the Washington state
Constitution and RCW 1.20.080, must be purchased from the secretary of
state pursuant to an agreement between the chief clerk of the house of
representatives, the secretary of the senate, and the secretary of
state.
Sec. 130 RCW 46.08.065 and 1998 c 111 s 4 are each amended to
read as follows:
(1) It is unlawful for any public officer having charge of any
vehicle owned or controlled by any county, city, town, or public body
in this state other than the state of Washington and used in public
business to operate the same upon the public highways of this state
unless and until there shall be displayed upon such automobile or other
motor vehicle in letters of contrasting color not less than one and
one-quarter inches in height in a conspicuous place on the right and
left sides thereof, the name of such county, city, town, or other
public body, together with the name of the department or office upon
the business of which the said vehicle is used. This section shall not
apply to vehicles of a sheriff's office, local police department, or
any vehicles used by local peace officers under public authority for
special undercover or confidential investigative purposes. This
subsection shall not apply to: (a) Any municipal transit vehicle
operated for purposes of providing public mass transportation; (b) any
vehicle governed by the requirements of subsection (4) of this section;
nor to (c) any motor vehicle on loan to a school district for driver
training purposes. It shall be lawful and constitute compliance with
the provisions of this section, however, for the governing body of the
appropriate county, city, town, or public body other than the state of
Washington or its agencies to adopt and use a distinctive insignia
which shall be not less than six inches in diameter across its smallest
dimension and which shall be displayed conspicuously on the right and
left sides of the vehicle. Such insignia shall be in a color or colors
contrasting with the vehicle to which applied for maximum visibility.
The name of the public body owning or operating the vehicle shall also
be included as part of or displayed above such approved insignia in
colors contrasting with the vehicle in letters not less than one and
one-quarter inches in height. Immediately below the lettering
identifying the public entity and agency operating the vehicle or below
an approved insignia shall appear the words "for official use only" in
letters at least one inch high in a color contrasting with the color of
the vehicle. The appropriate governing body may provide by rule or
ordinance for marking of passenger motor vehicles as prescribed in
subsection (2) of this section or for exceptions to the marking
requirements for local governmental agencies for the same purposes and
under the same circumstances as permitted for state agencies under
subsection (3) of this section.
(2) Except as provided by subsections (3) and (4) of this section,
passenger motor vehicles owned or controlled by the state of
Washington, and purchased after July 1, 1989, must be plainly and
conspicuously marked on the lower left-hand corner of the rear window
with the name of the operating agency or institution or the words
"state motor pool," as appropriate, the words "state of Washington -- for official use only," and the seal of the state of Washington or the
appropriate agency or institution insignia, approved by the department
of ((general administration)) enterprise services. Markings must be on
a transparent adhesive material and conform to the standards
established by the department of ((general administration)) enterprise
services. For the purposes of this section, "passenger motor vehicles"
means sedans, station wagons, vans, light trucks, or other motor
vehicles under ten thousand pounds gross vehicle weight.
(3) Subsection (2) of this section shall not apply to vehicles used
by the Washington state patrol for general undercover or confidential
investigative purposes. Traffic control vehicles of the Washington
state patrol may be exempted from the requirements of subsection (2) of
this section at the discretion of the chief of the Washington state
patrol. The department of ((general administration)) enterprise
services shall adopt general rules permitting other exceptions to the
requirements of subsection (2) of this section for other vehicles used
for law enforcement, confidential public health work, and public
assistance fraud or support investigative purposes, for vehicles leased
or rented by the state on a casual basis for a period of less than
ninety days((, and those provided for in RCW 46.08.066(3))). The
exceptions in this subsection((,)) and subsection (4) of this
section((, and those provided for in RCW 46.08.066(3))) shall be the
only exceptions permitted to the requirements of subsection (2) of this
section.
(4) Any motorcycle, vehicle over 10,000 pounds gross vehicle
weight, or other vehicle that for structural reasons cannot be marked
as required by subsection (1) or (2) of this section that is owned or
controlled by the state of Washington or by any county, city, town, or
other public body in this state and used for public purposes on the
public highways of this state shall be conspicuously marked in letters
of a contrasting color with the words "State of Washington" or the name
of such county, city, town, or other public body, together with the
name of the department or office that owns or controls the vehicle.
(5) All motor vehicle markings required under the terms of this
chapter shall be maintained in a legible condition at all times.
Sec. 131 RCW 46.08.150 and 2010 c 161 s 1112 are each amended to
read as follows:
The director of ((general administration)) enterprise services
shall have power to devise and promulgate rules and regulations for the
control of vehicular and pedestrian traffic and the parking of motor
vehicles on the state capitol grounds. However, the monetary penalty
for parking a motor vehicle without a valid special license plate or
placard in a parking place reserved for persons with physical
disabilities shall be the same as provided in RCW 46.19.050. Such
rules and regulations shall be promulgated by publication in one issue
of a newspaper published at the state capitol and shall be given such
further publicity as the director may deem proper.
Sec. 132 RCW 46.08.172 and 1995 c 215 s 4 are each amended to
read as follows:
The director of the department of ((general administration))
enterprise services shall establish equitable and consistent parking
rental fees for the capitol campus and may, if requested by agencies,
establish equitable and consistent parking rental fees for agencies off
the capitol campus, to be charged to employees, visitors, clients,
service providers, and others, that reflect the legislature's intent to
reduce state subsidization of parking or to meet the commute trip
reduction goals established in RCW 70.94.527. All fees shall take into
account the market rate of comparable privately owned rental parking,
as determined by the director. However, parking rental fees are not to
exceed the local market rate of comparable privately owned rental
parking.
The director may delegate the responsibility for the collection of
parking fees to other agencies of state government when cost-effective.
Sec. 133 RCW 46.20.037 and 2006 c 292 s 1 are each amended to
read as follows:
(1) No later than two years after full implementation of the
provisions of Title II of P.L. 109-13, improved security for driver's
licenses and personal identification cards (Real ID), as passed by
Congress May 10, 2005, the department shall implement a voluntary
biometric matching system for driver's licenses and identicards. A
biometric matching system shall be used only to verify the identity of
an applicant for a renewal or duplicate driver's license or identicard
by matching a biometric identifier submitted by the applicant against
the biometric identifier submitted when the license was last issued.
This project requires a full review by the ((information services
board)) consolidated technology services agency using the criteria for
projects of the highest visibility and risk.
(2) Any biometric matching system selected by the department shall
be capable of highly accurate matching, and shall be compliant with
biometric standards established by the American association of motor
vehicle administrators.
(3) The biometric matching system selected by the department must
incorporate a process that allows the owner of a driver's license or
identicard to present a personal identification number or other code
along with the driver's license or identicard before the information
may be verified by a third party, including a governmental entity.
(4) Upon the establishment of a biometric driver's license and
identicard system as described in this section, the department shall
allow every person applying for an original, renewal, or duplicate
driver's license or identicard to voluntarily submit a biometric
identifier. Each applicant shall be informed of all ways in which the
biometric identifier may be used, all parties to whom the identifier
may be disclosed and the conditions of disclosure, the expected error
rates for the biometric matching system which shall be regularly
updated as the technology changes or empirical data is collected, and
the potential consequences of those errors. The department shall adopt
rules to allow applicants to verify the accuracy of the system at the
time that biometric information is submitted, including the use of at
least two separate devices.
(5) The department may not disclose biometric information to the
public or any governmental entity except when authorized by court
order.
(6) All biometric information shall be stored with appropriate
safeguards, including but not limited to encryption.
(7) The department shall develop procedures to handle instances in
which the biometric matching system fails to verify the identity of an
applicant for a renewal or duplicate driver's license or identicard.
These procedures shall allow an applicant to prove identity without
using a biometric identifier.
(8) Any person who has voluntarily submitted a biometric identifier
may choose to discontinue participation in the biometric matching
program at any time, provided that the department utilizes a secure
procedure to prevent fraudulent requests for a renewal or duplicate
driver's license or identicard. When the person discontinues
participation, any previously collected biometric information shall be
destroyed.
(9) This section does not apply when an applicant renews his or her
driver's license or identicard by mail or electronic commerce.
Sec. 134 RCW 47.60.830 and 2008 c 126 s 4 are each amended to
read as follows:
In performing the function of operating its ferry system, the
department may, subject to the availability of amounts appropriated for
this specific purpose and after consultation with the department of
((general administration's)) enterprise services' office of state
procurement, explore and implement strategies designed to reduce the
overall cost of fuel and mitigate the impact of market fluctuations and
pressure on both short-term and long-term fuel costs. These strategies
may include, but are not limited to, futures contracts, hedging, swap
transactions, option contracts, costless collars, and long-term
storage. The department shall periodically submit a report to the
transportation committees of the legislature and the office of state
procurement on the status of any such implemented strategies, including
cost mitigation results, a description of each contract established to
mitigate fuel costs, the amounts of fuel covered by the contracts, the
cost mitigation results, and any related recommendations. The first
report must be submitted within one year of implementation.
Sec. 135 RCW 49.74.040 and 2002 c 354 s 248 are each amended to
read as follows:
If no agreement can be reached under RCW 49.74.030, the commission
may refer the matter to the administrative law judge for hearing
pursuant to RCW 49.60.250. If the administrative law judge finds that
the state agency, institution of higher education, or state patrol has
not made a good faith effort to correct the noncompliance, the
administrative law judge shall order the state agency, institution of
higher education, or state patrol to comply with this chapter. The
administrative law judge may order any action that may be necessary to
achieve compliance, provided such action is not inconsistent with the
rules adopted under RCW 41.06.150(((6))) (5) and 43.43.340(5),
whichever is appropriate.
An order by the administrative law judge may be appealed to
superior court.
Sec. 136 RCW 50.16.020 and 1993 c 226 s 12 are each amended to
read as follows:
The commissioner shall designate a treasurer and custodian of the
unemployment compensation fund and of the administrative contingency
fund, who shall administer such funds in accordance with the directions
of the commissioner and shall issue his or her warrants upon them in
accordance with such regulations as the commissioner shall prescribe.
The treasurer and custodian shall maintain within the unemployment
compensation fund three separate accounts as follows:
(1) a clearing account,
(2) an unemployment trust fund account, and
(3) a benefit account.
All moneys payable to the unemployment compensation fund, upon
receipt thereof by the commissioner, shall be forwarded to the
treasurer, who shall immediately deposit them in the clearing account.
Refunds payable pursuant to the provisions of this title from the
unemployment compensation fund may be paid from the clearing account
upon warrants issued by the treasurer under the direction of the
commissioner: PROVIDED, HOWEVER, That refunds of interest or penalties
on delinquent contributions shall be paid from the administrative
contingency fund upon warrants issued by the treasurer under the
direction of the commissioner.
After clearance thereof, all other moneys in the clearing account
shall be immediately deposited with the Secretary of the Treasury of
the United States to the credit of the account of this state in the
unemployment trust fund, established and maintained pursuant to section
904 of the social security act, as amended, any provisions of law in
this state relating to the deposit, administration, release, or
disbursement of moneys in the possession or custody of this state to
the contrary notwithstanding.
The benefit account shall consist of all moneys requisitioned from
this state's account in the unemployment trust fund. Moneys in the
clearing and benefit accounts and in the administrative contingency
fund shall not be commingled with other state funds, but shall be
deposited by the treasurer, under the direction of the commissioner, in
any bank or public depository in which general funds of the state may
be deposited, but no public deposit insurance charge or premium shall
be paid out of the fund.
Such moneys shall be secured by said bank or public depository to
the same extent and in the same manner as required by the general
depository law of the state and collateral pledged shall be maintained
in a separate custody account.
The treasurer shall give a bond conditioned upon the faithful
performance of his or her duties as a custodian of the funds in an
amount fixed by the director of the department of ((general
administration)) enterprise services and in a form prescribed by law or
approved by the attorney general. Premiums for said bond shall be paid
from the administration fund. All sums recovered on official bonds for
losses sustained by the unemployment compensation fund shall be
deposited in such fund. All sums recovered on official bonds for
losses sustained by the administrative contingency fund shall be
deposited in such fund.
Sec. 137 RCW 70.58.005 and 2009 c 231 s 1 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Business days" means Monday through Friday except official
state holidays.
(2) "Department" means the department of health.
(3) "Electronic approval" or "electronically approve" means
approving the content of an electronically filed vital record through
the processes provided by the department. Electronic approval
processes shall be consistent with policies, standards, and procedures
developed by the ((information services board under RCW 43.105.041))
consolidated technology services agency.
(4) "Embalmer" means a person licensed as required in chapter 18.39
RCW and defined in RCW 18.39.010.
(5) "Funeral director" means a person licensed as required in
chapter 18.39 RCW and defined in RCW 18.39.010.
(6) "Vital records" means records of birth, death, fetal death,
marriage, dissolution, annulment, and legal separation, as maintained
under the supervision of the state registrar of vital statistics.
Sec. 138 RCW 70.94.537 and 2011 1st sp.s. c 21 s 26 are each
amended to read as follows:
(1) A sixteen member state commute trip reduction board is
established as follows:
(a) The secretary of transportation or the secretary's designee who
shall serve as chair;
(b) One representative from the office of financial management;
(c) The director or the director's designee of one of the following
agencies, to be determined by the secretary of transportation:
(i) Department of ((general administration)) enterprise services;
(ii) Department of ecology;
(iii) Department of commerce;
(d) Three representatives from cities and towns or counties
appointed by the secretary of transportation for staggered four-year
terms from a list recommended by the association of Washington cities
or the Washington state association of counties;
(e) Two representatives from transit agencies appointed by the
secretary of transportation for staggered four-year terms from a list
recommended by the Washington state transit association;
(f) Two representatives from participating regional transportation
planning organizations appointed by the secretary of transportation for
staggered four-year terms;
(g) Four representatives of employers at or owners of major
worksites in Washington, or transportation management associations,
business improvement areas, or other transportation organizations
representing employers, appointed by the secretary of transportation
for staggered four-year terms; and
(h) Two citizens appointed by the secretary of transportation for
staggered four-year terms.
Members of the commute trip reduction board shall serve without
compensation but shall be reimbursed for travel expenses as provided in
RCW 43.03.050 and 43.03.060. Members appointed by the secretary of
transportation shall be compensated in accordance with RCW 43.03.220.
The board has all powers necessary to carry out its duties as
prescribed by this chapter.
(2) By March 1, 2007, the department of transportation shall
establish rules for commute trip reduction plans and implementation
procedures. The commute trip reduction board shall advise the
department on the content of the rules. The rules are intended to
ensure consistency in commute trip reduction plans and goals among
jurisdictions while fairly taking into account differences in
employment and housing density, employer size, existing and anticipated
levels of transit service, special employer circumstances, and other
factors the board determines to be relevant. The rules shall include:
(a) Guidance criteria for growth and transportation efficiency
centers;
(b) Data measurement methods and procedures for determining the
efficacy of commute trip reduction activities and progress toward
meeting commute trip reduction plan goals;
(c) Model commute trip reduction ordinances;
(d) Methods for assuring consistency in the treatment of employers
who have worksites subject to the requirements of this chapter in more
than one jurisdiction;
(e) An appeals process by which major employers, who as a result of
special characteristics of their business or its locations would be
unable to meet the requirements of a commute trip reduction plan, may
obtain a waiver or modification of those requirements and criteria for
determining eligibility for waiver or modification;
(f) Establishment of a process for determining the state's affected
areas, including criteria and procedures for regional transportation
planning organizations in consultation with local jurisdictions to
propose to add or exempt urban growth areas;
(g) Listing of the affected areas of the program to be done every
four years as identified in subsection (5) of this section;
(h) Establishment of a criteria and application process to
determine whether jurisdictions that voluntarily implement commute trip
reduction are eligible for state funding;
(i) Guidelines and deadlines for creating and updating local
commute trip reduction plans, including guidance to ensure consistency
between the local commute trip reduction plan and the transportation
demand management strategies identified in the transportation element
in the local comprehensive plan, as required by RCW 36.70A.070;
(j) Guidelines for creating and updating regional commute trip
reduction plans, including guidance to ensure the regional commute trip
reduction plan is consistent with and incorporated into transportation
demand management components in the regional transportation plan;
(k) Methods for regional transportation planning organizations to
evaluate and certify that designated growth and transportation
efficiency center programs meet the minimum requirements and are
eligible for funding;
(l) Guidelines for creating and updating growth and transportation
efficiency center programs; and
(m) Establishment of statewide program goals. The goals shall be
designed to achieve substantial reductions in the proportion of
single-occupant vehicle commute trips and the commute trip vehicle
miles traveled per employee, at a level that is projected to improve
the mobility of people and goods by increasing the efficiency of the
state highway system.
(3) The board shall create a state commute trip reduction plan that
shall be updated every four years as discussed in subsection (5) of
this section. The state commute trip reduction plan shall include, but
is not limited to: (a) Statewide commute trip reduction program goals
that are designed to substantially improve the mobility of people and
goods; (b) identification of strategies at the state and regional
levels to achieve the goals and recommendations for how transportation
demand management strategies can be targeted most effectively to
support commute trip reduction program goals; (c) performance measures
for assessing the cost-effectiveness of commute trip reduction
strategies and the benefits for the state transportation system; and
(d) a sustainable financial plan. The board shall review and approve
regional commute trip reduction plans, and work collaboratively with
regional transportation planning organizations in the establishment of
the state commute trip reduction plan.
(4) The board shall work with affected jurisdictions, major
employers, and other parties to develop and implement a public
awareness campaign designed to increase the effectiveness of local
commute trip reduction programs and support achievement of the
objectives identified in this chapter.
(5) The board shall evaluate and update the commute trip reduction
program plan and recommend changes to the rules every four years, with
the first assessment report due July 1, 2011, to ensure that the latest
data methodology used by the department of transportation is
incorporated into the program and to determine which areas of the state
should be affected by the program. The board shall review the
definition of a major employer no later than December 1, 2009. The
board shall regularly identify urban growth areas that are projected to
be affected by chapter 329, Laws of 2006 in the next four-year period
and may provide advance planning support to the potentially affected
jurisdictions.
(6) The board shall review progress toward implementing commute
trip reduction plans and programs and the costs and benefits of commute
trip reduction plans and programs and shall make recommendations to the
legislature and the governor by December 1, 2009, and every two years
thereafter. In assessing the costs and benefits, the board shall
consider the costs of not having implemented commute trip reduction
plans and programs ((with the assistance of the transportation
performance audit board authorized under chapter 44.75 RCW)). The
board shall examine other transportation demand management programs
nationally and incorporate its findings into its recommendations to the
legislature. The recommendations shall address the need for
continuation, modification, or termination or any or all requirements
of this chapter.
(7) The board shall invite personnel with appropriate expertise
from state, regional, and local government, private, public, and
nonprofit providers of transportation services, and employers or owners
of major worksites in Washington to act as a technical advisory group.
The technical advisory group shall advise the board on the
implementation of local and regional commute trip reduction plans and
programs, program evaluation, program funding allocations, and state
rules and guidelines.
Sec. 139 RCW 70.94.551 and 2009 c 427 s 3 are each amended to
read as follows:
(1) The secretary of the department of transportation may
coordinate an interagency board or other interested parties for the
purpose of developing policies or guidelines that promote consistency
among state agency commute trip reduction programs required by RCW
70.94.527 and 70.94.531 or developed under the joint comprehensive
commute trip reduction plan described in this section. The board shall
include representatives of the departments of transportation, ((general
administration)) enterprise services, ecology, and ((community, trade,
and economic development)) commerce and such other departments and
interested groups as the secretary of the department of transportation
determines to be necessary. Policies and guidelines shall be
applicable to all state agencies including but not limited to policies
and guidelines regarding parking and parking charges, employee
incentives for commuting by other than single-occupant automobiles,
flexible and alternative work schedules, alternative worksites, and the
use of state-owned vehicles for car and van pools and guaranteed rides
home. The policies and guidelines shall also consider the costs and
benefits to state agencies of achieving commute trip reductions and
consider mechanisms for funding state agency commute trip reduction
programs.
(2) State agencies sharing a common location in affected urban
growth areas where the total number of state employees is one hundred
or more shall, with assistance from the department of transportation,
develop and implement a joint commute trip reduction program. The
worksite must be treated as specified in RCW 70.94.531 and 70.94.534.
(3) The department of transportation shall develop a joint
comprehensive commute trip reduction plan for all state agencies,
including institutions of higher education, located in the Olympia,
Lacey, and Tumwater urban growth areas.
(a) In developing the joint comprehensive commute trip reduction
plan, the department of transportation shall work with applicable state
agencies, including institutions of higher education, and shall
collaborate with the following entities: Local jurisdictions; regional
transportation planning organizations as described in chapter 47.80
RCW; transit agencies, including regional transit authorities as
described in chapter 81.112 RCW and transit agencies that serve areas
within twenty- five miles of the Olympia, Lacey, or Tumwater urban
growth areas; and the capitol campus design advisory committee
established in RCW 43.34.080.
(b) The joint comprehensive commute trip reduction plan must build
on existing commute trip reduction programs and policies. At a
minimum, the joint comprehensive commute trip reduction plan must
include strategies for telework and flexible work schedules, parking
management, and consideration of the impacts of worksite location and
design on multimodal transportation options.
(c) The joint comprehensive commute trip reduction plan must
include performance measures and reporting methods and requirements.
(d) The joint comprehensive commute trip reduction plan may include
strategies to accommodate differences in worksite size and location.
(e) The joint comprehensive commute trip reduction plan must be
consistent with jurisdictional and regional transportation, land use,
and commute trip reduction plans, the state six-year facilities plan,
and the master plan for the capitol of the state of Washington.
(f) Not more than ninety days after the adoption of the joint
comprehensive commute trip reduction plan, state agencies within the
three urban growth areas must implement a commute trip reduction
program consistent with the objectives and strategies of the joint
comprehensive commute trip reduction plan.
(4) The department of transportation shall review the initial
commute trip reduction program of each state agency subject to the
commute trip reduction plan for state agencies to determine if the
program is likely to meet the applicable commute trip reduction goals
and notify the agency of any deficiencies. If it is found that the
program is not likely to meet the applicable commute trip reduction
goals, the department of transportation will work with the agency to
modify the program as necessary.
(5) Each state agency implementing a commute trip reduction plan
shall report at least once per year to its agency director on the
performance of the agency's commute trip reduction program as part of
the agency's quality management, accountability, and performance system
as defined by RCW 43.17.385. The reports shall assess the performance
of the program, progress toward state goals established under RCW
70.94.537, and recommendations for improving the program.
(6) The department of transportation shall review the agency
performance reports defined in subsection (5) of this section and
submit a biennial report for state agencies subject to this chapter to
the governor and incorporate the report in the commute trip reduction
board report to the legislature as directed in RCW 70.94.537(6). The
report shall include, but is not limited to, an evaluation of the most
recent measurement results, progress toward state goals established
under RCW 70.94.537, and recommendations for improving the performance
of state agency commute trip reduction programs. The information shall
be reported in a form established by the commute trip reduction board.
Sec. 140 RCW 70.95.265 and 1995 c 399 s 190 are each amended to
read as follows:
The department shall work closely with the department of
((community, trade, and economic development)) commerce, the department
of ((general administration)) enterprise services, and with other state
departments and agencies, the Washington state association of counties,
the association of Washington cities, and business associations, to
carry out the objectives and purposes of chapter 41, Laws of 1975-'76
2nd ex. sess.
Sec. 141 RCW 70.95C.110 and 1989 c 431 s 53 are each amended to
read as follows:
The legislature finds and declares that the buildings and
facilities owned and leased by state government produce significant
amounts of solid and hazardous wastes, and actions must be taken to
reduce and recycle these wastes and thus reduce the costs associated
with their disposal. In order for the operations of state government
to provide the citizens of the state an example of positive waste
management, the legislature further finds and declares that state
government should undertake an aggressive program designed to reduce
and recycle solid and hazardous wastes produced in the operations of
state buildings and facilities to the maximum extent possible.
The office of waste reduction, in cooperation with the department
of ((general administration)) enterprise services, shall establish an
intensive waste reduction and recycling program to promote the
reduction of waste produced by state agencies and to promote the source
separation and recovery of recyclable and reusable materials.
All state agencies, including but not limited to, colleges,
community colleges, universities, offices of elected and appointed
officers, the supreme court, court of appeals, and administrative
departments of state government shall fully cooperate with the office
of waste reduction and recycling in all phases of implementing the
provisions of this section. The office shall establish a coordinated
state plan identifying each agency's participation in waste reduction
and recycling. The office shall develop the plan in cooperation with
a multiagency committee on waste reduction and recycling. Appointments
to the committee shall be made by the director of the department of
((general administration)) enterprise services. The director shall
notify each agency of the committee, which shall implement the
applicable waste reduction and recycling plan elements. All state
agencies are to use maximum efforts to achieve a goal of increasing the
use of recycled paper by fifty percent by July 1, 1993.
Sec. 142 RCW 70.95H.030 and 1992 c 131 s 2 are each amended to
read as follows:
The center shall:
(1) Provide targeted business assistance to recycling businesses,
including:
(a) Development of business plans;
(b) Market research and planning information;
(c) Access to financing programs;
(d) Referral and information on market conditions; and
(e) Information on new technology and product development;
(2) Negotiate voluntary agreements with manufacturers to increase
the use of recycled materials in product development;
(3) Support and provide research and development to stimulate and
commercialize new and existing technologies and products using recycled
materials;
(4) Undertake an integrated, comprehensive education effort
directed to recycling businesses to promote processing, manufacturing,
and purchase of recycled products, including:
(a) Provide information to recycling businesses on the availability
and benefits of using recycled materials;
(b) Provide information and referral services on recycled material
markets;
(c) Provide information on new research and technologies that may
be used by local businesses and governments; and
(d) Participate in projects to demonstrate new market uses or
applications for recycled products;
(5) Assist the departments of ecology and ((general
administration)) enterprise services in the development of consistent
definitions and standards on recycled content, product performance, and
availability;
(6) Undertake studies on the unmet capital needs of reprocessing
and manufacturing firms using recycled materials;
(7) Undertake and participate in marketing promotions for the
purposes of achieving expanded market penetration for recycled content
products;
(8) Coordinate with the department of ecology to ensure that the
education programs of both are mutually reinforcing, with the center
acting as the lead entity with respect to recycling businesses, and the
department as the lead entity with respect to the general public and
retailers;
(9) Develop an annual work plan. The plan shall describe actions
and recommendations for developing markets for commodities comprising
a significant percentage of the waste stream and having potential for
use as an industrial or commercial feedstock. The initial plan shall
address, but not be limited to, mixed waste paper, waste tires, yard
and food waste, and plastics; and
(10) Represent the state in regional and national market
development issues.
Sec. 143 RCW 70.95M.060 and 2003 c 260 s 7 are each amended to
read as follows:
(1) The department of ((general administration)) enterprise
services must, by January 1, 2005, revise its rules, policies, and
guidelines to implement the purpose of this chapter.
(2) The department of ((general administration)) enterprise
services must give priority and preference to the purchase of
equipment, supplies, and other products that contain no mercury-added
compounds or components, unless: (a) There is no economically feasible
nonmercury-added alternative that performs a similar function; or (b)
the product containing mercury is designed to reduce electricity
consumption by at least forty percent and there is no nonmercury or
lower mercury alternative available that saves the same or a greater
amount of electricity as the exempted product. In circumstances where
a nonmercury-added product is not available, preference must be given
to the purchase of products that contain the least amount of mercury
added to the product necessary for the required performance.
Sec. 144 RCW 70.105.040 and 1975-'76 2nd ex.s. c 101 s 4 are each
amended to read as follows:
(1) The department, through the department of ((general
administration)) enterprise services, is authorized to acquire
interests in real property from the federal government on the Hanford
Reservation by gift, purchase, lease, or other means, to be used for
the purpose of developing, operating, and maintaining an extremely
hazardous waste disposal site or facility by the department, either
directly or by agreement with public or private persons or entities:
PROVIDED, That lands acquired under this section shall not be
inconsistent with a local comprehensive plan approved prior to January
1, 1976: AND PROVIDED FURTHER, That no lands acquired under this
section shall be subject to land use regulation by a local government.
(2) The department may establish an appropriate fee schedule for
use of such disposal facilities to offset the cost of administration of
this chapter and the cost of development, operation, maintenance, and
perpetual management of the disposal site. If operated by a private
entity, the disposal fee may be such as to provide a reasonable profit.
Sec. 145 RCW 70.120.210 and 1996 c 186 s 518 are each amended to
read as follows:
By July 1, 1992, the department shall develop, in cooperation with
the departments of ((general administration)) enterprise services and
transportation, and Washington State University, aggressive clean-fuel
performance and clean-fuel vehicle emissions specifications including
clean-fuel vehicle conversion equipment. To the extent possible, such
specifications shall be equivalent for all fuel types. In developing
such specifications the department shall consider the requirements of
the clean air act and the findings of the environmental protection
agency, other states, the American petroleum institute, the gas
research institute, and the motor vehicles manufacturers association.
Sec. 146 RCW 70.235.050 and 2009 c 519 s 2 are each amended to
read as follows:
(1) All state agencies shall meet the statewide greenhouse gas
emission limits established in RCW 70.235.020 to achieve the following,
using the estimates and strategy established in subsections (2) and (3)
of this section:
(a) By July 1, 2020, reduce emissions by fifteen percent from 2005
emission levels;
(b) By 2035, reduce emissions to thirty-six percent below 2005
levels; and
(c) By 2050, reduce emissions to the greater reduction of fifty-seven and one-half percent below 2005 levels, or seventy percent below
the expected state government emissions that year.
(2)(a) By June 30, 2010, all state agencies shall report estimates
of emissions for 2005 to the department, including 2009 levels of
emissions, and projected emissions through 2035.
(b) State agencies required to report under RCW 70.94.151 must
estimate emissions from methodologies recommended by the department and
must be based on actual operation of those agencies. Agencies not
required to report under RCW 70.94.151 shall derive emissions estimates
using an emissions calculator provided by the department.
(3) By June 30, 2011, each state agency shall submit to the
department a strategy to meet the requirements in subsection (1) of
this section. The strategy must address employee travel activities,
teleconferencing alternatives, and include existing and proposed
actions, a timeline for reductions, and recommendations for budgetary
and other incentives to reduce emissions, especially from employee
business travel.
(4) By October 1st of each even-numbered year beginning in 2012,
each state agency shall report to the department the actions taken to
meet the emission reduction targets under the strategy for the
preceding fiscal biennium. The department may authorize the department
of ((general administration)) enterprise services to report on behalf
of any state agency having fewer than five hundred full-time equivalent
employees at any time during the reporting period. The department
shall cooperate with the department of ((general administration))
enterprise services and the department of ((community, trade, and
economic development)) commerce to develop consolidated reporting
methodologies that incorporate emission reduction actions taken across
all or substantially all state agencies.
(5) All state agencies shall cooperate in providing information to
the department, the department of ((general administration)) enterprise
services, and the department of ((community, trade, and economic
development)) commerce for the purposes of this section.
(6) The governor shall designate a person as the single point of
accountability for all energy and climate change initiatives within
state agencies. This position must be funded from current full-time
equivalent allocations without increasing budgets or staffing levels.
If duties must be shifted within an agency, they must be shifted among
current full-time equivalent allocations. All agencies, councils, or
work groups with energy or climate change initiatives shall coordinate
with this designee.
Sec. 147 RCW 71A.20.190 and 2011 1st sp.s. c 30 s 8 are each
amended to read as follows:
(1) A developmental disability service system task force is
established.
(2) The task force shall be convened by September 1, 2011, and
consist of the following members:
(a) Two members of the house of representatives appointed by the
speaker of the house of representatives, from different political
caucuses;
(b) Two members of the senate appointed by the president of the
senate, from different political caucuses;
(c) The following members appointed by the governor:
(i) Two advocates for people with developmental disabilities;
(ii) A representative from the developmental disabilities council;
(iii) A representative of families of residents in residential
habilitation centers;
(iv) Two representatives of labor unions representing workers who
serve residents in residential habilitation centers;
(d) The secretary of the department of social and health services
or their designee; and
(e) The ((secretary)) director of the department of ((general
administration)) enterprise services or their designee.
(3) The members of the task force shall select the chair or
cochairs of the task force.
(4) Staff assistance for the task force will be provided by
legislative staff and staff from the agencies listed in subsection (2)
of this section.
(5) The task force shall make recommendations on:
(a) The development of a system of services for persons with
developmental disabilities that is consistent with the goals
articulated in section 1, chapter 30, Laws of 2011 1st sp. sess.;
(b) The state's long-term needs for residential habilitation center
capacity, including the benefits and disadvantages of maintaining one
center in eastern Washington and one center in western Washington;
(c) A plan for efficient consolidation of institutional capacity,
including whether one or more centers should be downsized or closed
and, if so, a time frame for closure;
(d) Mechanisms through which any savings that result from the
downsizing, consolidation, or closure of residential habilitation
center capacity can be used to create additional community-based
capacity;
(e) Strategies for the use of surplus property that results from
the closure of one or more centers;
(f) Strategies for reframing the mission of Yakima Valley School
consistent with chapter 30, Laws of 2011 1st sp. sess. that consider:
(i) The opportunity, where cost-effective, to provide medical
services, including centers of excellence, to other clients served by
the department; and
(ii) The creation of a treatment team consisting of crisis
stabilization and short-term respite services personnel, with the long-term goal of expanding to include the provisions of specialty services
such as dental care, physical therapy, occupational therapy, and
specialized nursing care to individuals with developmental disabilities
residing in the surrounding community.
(6) The task force shall report their recommendations to the
appropriate committees of the legislature by December 1, 2012.
Sec. 148 RCW 72.01.430 and 1981 c 136 s 75 are each amended to
read as follows:
The secretary, notwithstanding any provision of law to the
contrary, is hereby authorized to transfer equipment, livestock and
supplies between the several institutions within the department without
reimbursement to the transferring institution excepting, however, any
such equipment donated by organizations for the sole use of such
transferring institutions. Whenever transfers of capital items are
made between institutions of the department, notice thereof shall be
given to the director of the department of ((general administration))
enterprise services accompanied by a full description of such items
with inventory numbers, if any.
Sec. 149 RCW 72.09.104 and 1983 c 296 s 3 are each amended to
read as follows:
The department of ((general administration)) enterprise services
and the department of corrections shall implement prison work programs
to operate automated data input and retrieval systems for appropriate
departments of state government.
Sec. 150 RCW 72.09.450 and 1996 c 277 s 1 are each amended to
read as follows:
(1) An inmate shall not be denied access to services or supplies
required by state or federal law solely on the basis of his or her
inability to pay for them.
(2) The department shall record all lawfully authorized assessments
for services or supplies as a debt to the department. The department
shall recoup the assessments when the inmate's institutional account
exceeds the indigency standard, and may pursue other remedies to recoup
the assessments after the period of incarceration.
(3) The department shall record as a debt any costs assessed by a
court against an inmate plaintiff where the state is providing defense
pursuant to chapter 4.92 RCW. The department shall recoup the debt
when the inmate's institutional account exceeds the indigency standard
and may pursue other remedies to recoup the debt after the period of
incarceration.
(4) In order to maximize the cost-efficient collection of unpaid
offender debt existing after the period of an offender's incarceration,
the department is authorized to use the following nonexclusive options:
(a) Use the collection services available through the department of
((general administration)) enterprise services, or (b) notwithstanding
any provision of chapter 41.06 RCW, contract with collection agencies
for collection of the debts. The costs for ((general administration))
enterprise services or collection agency services shall be paid by the
debtor. Any contract with a collection agency shall only be awarded
after competitive bidding. Factors the department shall consider in
awarding a collection contract include but are not limited to a
collection agency's history and reputation in the community; and the
agency's access to a local database that may increase the efficiency of
its collections. The servicing of an unpaid obligation to the
department does not constitute assignment of a debt, and no contract
with a collection agency may remove the department's control over
unpaid obligations owed to the department.
Sec. 151 RCW 77.12.177 and 2011 c 339 s 4 are each amended to
read as follows:
(1) Except as provided in this title, state and county officers
receiving the following moneys shall deposit them in the state general
fund:
(a) The sale of commercial licenses required under this title,
except for licenses issued under RCW 77.65.490; and
(b) Moneys received for damages to food fish or shellfish.
(2) The director shall make weekly remittances to the state
treasurer of moneys collected by the department.
(3) All fines and forfeitures collected or assessed by a district
court for a violation of this title or rule of the department shall be
remitted as provided in chapter 3.62 RCW.
(4) Proceeds from the sale of food fish or shellfish taken in test
fishing conducted by the department, to the extent that these proceeds
exceed the estimates in the budget approved by the legislature, may be
allocated as unanticipated receipts under RCW 43.79.270 to reimburse
the department for unanticipated costs for test fishing operations in
excess of the allowance in the budget approved by the legislature.
(5) Proceeds from the sale of salmon carcasses and salmon eggs from
state general funded hatcheries by the department of ((general
administration)) enterprise services shall be deposited in the regional
fisheries enhancement group account established in RCW 77.95.090.
(6) Proceeds from the sale of herring spawn on kelp fishery
licenses by the department, to the extent those proceeds exceed
estimates in the budget approved by the legislature, may be allocated
as unanticipated receipts under RCW 43.79.270. Allocations under this
subsection shall be made only for herring management, enhancement, and
enforcement.
Sec. 152 RCW 77.12.451 and 1990 c 36 s 1 are each amended to read
as follows:
(1) The director may take or remove any species of fish or
shellfish from the waters or beaches of the state.
(2) The director may sell food fish or shellfish caught or taken
during department test fishing operations.
(3) The director shall not sell inedible salmon for human
consumption. Salmon and carcasses may be given to state institutions
or schools or to economically depressed people, unless the salmon are
unfit for human consumption. Salmon not fit for human consumption may
be sold by the director for animal food, fish food, or for industrial
purposes.
(4) In the sale of surplus salmon from state hatcheries, the
((division of purchasing)) director of enterprise services shall
require that a portion of the surplus salmon be processed and returned
to the state by the purchaser. The processed salmon shall be fit for
human consumption and in a form suitable for distribution to
individuals. The ((division of purchasing)) director of enterprise
services shall establish the required percentage at a level that does
not discourage competitive bidding for the surplus salmon. The measure
of the percentage is the combined value of all of the surplus salmon
sold. The department of social and health services shall distribute
the processed salmon to economically depressed individuals and state
institutions pursuant to rules adopted by the department of social and
health services.
Sec. 153 RCW 77.15.100 and 2009 c 333 s 39 are each amended to
read as follows:
(1) Unless otherwise provided in this title, fish, shellfish, or
wildlife unlawfully taken or possessed, or involved in a violation
shall be forfeited to the state upon conviction. Unless already held
by, sold, destroyed, or disposed of by the department, the court shall
order such fish or wildlife to be delivered to the department. Where
delay will cause loss to the value of the property and a ready
wholesale buying market exists, the department may sell property to a
wholesale buyer at a fair market value.
(2) When seized property is forfeited to the department, the
department may retain it for official use unless the property is
required to be destroyed, or upon application by any law enforcement
agency of the state, release the property to the agency for the use of
enforcing this title, or sell such property and deposit the proceeds
into the fish and wildlife enforcement reward account established under
RCW 77.15.425. Any sale of other property shall be at public auction
or after public advertisement reasonably designed to obtain the highest
price. The time, place, and manner of holding the sale shall be
determined by the director. The director may contract for the sale to
be through the department of ((general administration)) enterprise
services as state surplus property, or, except where not justifiable by
the value of the property, the director shall publish notice of the
sale once a week for at least two consecutive weeks before the sale in
at least one newspaper of general circulation in the county in which
the sale is to be held.
Sec. 154 RCW 79.19.080 and 2003 c 334 s 531 are each amended to
read as follows:
Periodically, at intervals to be determined by the board, the
department shall identify trust lands which are expected to convert to
commercial, residential, or industrial uses within ten years. The
department shall adhere to existing local comprehensive plans, zoning
classifications, and duly adopted local policies when making this
identification and determining the fair market value of the property.
The department shall hold a public hearing on the proposal in the
county where the state land is located. At least fifteen days but not
more than thirty days before the hearing, the department shall publish
a public notice of reasonable size in display advertising form, setting
forth the date, time, and place of the hearing, at least once in one or
more daily newspapers of general circulation in the county and at least
once in one or more weekly newspapers circulated in the area where the
trust land is located. At the same time that the published notice is
given, the department shall give written notice of the hearings to the
departments of fish and wildlife and ((general administration))
enterprise services, to the parks and recreation commission, and to the
county, city, or town in which the property is situated. The
department shall disseminate a news release pertaining to the hearing
among printed and electronic media in the area where the trust land is
located. The public notice and news release also shall identify trust
lands in the area which are expected to convert to commercial,
residential, or industrial uses within ten years.
A summary of the testimony presented at the hearings shall be
prepared for the board's consideration. The board shall designate
trust lands which are expected to convert to commercial, residential,
or industrial uses as urban land. Descriptions of lands designated by
the board shall be made available to the county and city or town in
which the land is situated and for public inspection and copying at the
department's administrative office in Olympia, Washington and at each
area office.
The hearing and notice requirements of this section apply to those
trust lands which have been identified by the department prior to July
1, 1984, as being expected to convert to commercial, residential, or
industrial uses within the next ten years, and which have not been sold
or exchanged prior to July 1, 1984.
Sec. 155 RCW 79.24.300 and 1977 c 75 s 90 are each amended to
read as follows:
The state capitol committee may construct parking facilities for
the state capitol adequate to provide parking space for automobiles,
said parking facilities to be either of a single level, multiple level,
or both, and to be either on one site or more than one site and located
either on or in close proximity to the capitol grounds, though not
necessarily contiguous thereto. The state capitol committee may select
such lands as are necessary therefor and acquire them by purchase or
condemnation. As an aid to such selection the committee may cause
location, topographical, economic, traffic, and other surveys to be
conducted, and for this purpose may utilize the services of existing
state agencies, may employ personnel, or may contract for the services
of any person, firm or corporation. In selecting the location and
plans for the construction of the parking facilities the committee
shall consider recommendations of the director of ((general
administration)) enterprise services.
Space in parking facilities may be rented to the officers and
employees of the state on a monthly basis at a rental to be determined
by the director of ((general administration)) enterprise services. The
state shall not sell gasoline, oil, or any other commodities or perform
any services for any vehicles or equipment other than state equipment.
Sec. 156 RCW 79.24.530 and 1961 c 167 s 4 are each amended to
read as follows:
The department of ((general administration)) enterprise services
shall develop, amend and modify an overall plan for the design and
establishment of state capitol buildings and grounds on the east
capitol site in accordance with current and prospective requisites of
a state capitol befitting the state of Washington. The overall plan,
amendments and modifications thereto shall be subject to the approval
of the state capitol committee.
Sec. 157 RCW 79.24.540 and 1961 c 167 s 5 are each amended to
read as follows:
State agencies which are authorized by law to acquire land and
construct buildings, whether from appropriated funds or from funds not
subject to appropriation by the legislature, may buy land in the east
capitol site and construct buildings thereon so long as the location,
design and construction meet the requirements established by the
department of ((general administration)) enterprise services and
approved by the state capitol committee.
Sec. 158 RCW 79.24.560 and 1961 c 167 s 7 are each amended to
read as follows:
The department of ((general administration)) enterprise services
shall have the power to rent, lease, or otherwise use any of the
properties acquired in the east capitol site.
Sec. 159 RCW 79.24.570 and 2000 c 11 s 24 are each amended to
read as follows:
All moneys received by the department of ((general administration))
enterprise services from the management of the east capitol site,
excepting (1) funds otherwise dedicated prior to April 28, 1967, (2)
parking and rental charges and fines which are required to be deposited
in other accounts, and (3) reimbursements of service and other utility
charges made to the department of ((general administration)) enterprise
services, shall be deposited in the capitol purchase and development
account of the state general fund.
Sec. 160 RCW 79.24.664 and 1969 ex.s. c 272 s 8 are each amended
to read as follows:
There is appropriated to the department of ((general
administration)) enterprise services from the general fund -- state
building construction account the sum of fifteen million dollars or so
much thereof as may be necessary to accomplish the purposes set forth
in RCW 79.24.650.
Sec. 161 RCW 79.24.710 and 2005 c 330 s 2 are each amended to
read as follows:
For the purposes of RCW 79.24.720, 79.24.730, 43.01.090, 43.19.500,
and 79.24.087, "state capitol public and historic facilities" includes:
(1) The east, west and north capitol campus grounds, Sylvester
park, Heritage park, Marathon park, Centennial park, the Deschutes
river basin commonly known as Capitol lake, the interpretive center,
Deschutes parkway, and the landscape, memorials, artwork, fountains,
streets, sidewalks, lighting, and infrastructure in each of these areas
not including state-owned aquatic lands in these areas managed by the
department of natural resources under RCW ((79.90.450)) 79.105.010;
(2) The public spaces and the historic interior and exterior
elements of the following buildings: The visitor center, the
Governor's mansion, the legislative building, the John L. O'Brien
building, the Cherberg building, the Newhouse building, the Pritchard
building, the temple of justice, the insurance building, the Dolliver
building, capitol court, and the old capitol buildings, including the
historic state-owned furnishings and works of art commissioned for or
original to these buildings; and
(3) Other facilities or elements of facilities as determined by the
state capitol committee, in consultation with the department of
((general administration)) enterprise services.
Sec. 162 RCW 79.24.720 and 2005 c 330 s 3 are each amended to
read as follows:
The department of ((general administration)) enterprise services is
responsible for the stewardship, preservation, operation, and
maintenance of the public and historic facilities of the state capitol,
subject to the policy direction of the state capitol committee ((and
the legislative buildings committee as created in chapter . . . (House
Bill No. 1301), Laws of 2005,)) and the guidance of the capitol campus
design advisory committee. In administering this responsibility, the
department shall:
(1) Apply the United States secretary of the interior's standards
for the treatment of historic properties;
(2) Seek to balance the functional requirements of state government
operations with public access and the long-term preservation needs of
the properties themselves; and
(3) Consult with the capitol furnishings preservation committee,
the state historic preservation officer, the state arts commission, and
the state facilities accessibility advisory committee in fulfilling the
responsibilities provided for in this section.
Sec. 163 RCW 79.24.730 and 2005 c 330 s 4 are each amended to
read as follows:
(1) To provide for responsible stewardship of the state capitol
public and historic facilities, funding for:
(a) Maintenance and operational needs shall be authorized in the
state's omnibus appropriations act and funded by the ((general
administration)) enterprise services account as provided under RCW
43.19.500;
(b) Development and preservation needs shall be authorized in the
state's capital budget. To the extent revenue is available, the
capitol building construction account under RCW 79.24.087 shall fund
capital budget needs. If capitol building construction account funds
are not available, the state building construction account funds may be
authorized for this purpose.
(2) The department of ((general administration)) enterprise
services may seek grants, gifts, or donations to support the
stewardship of state capitol public and historic facilities. The
department may: (a) Purchase historic state capitol furnishings or
artifacts; or (b) sell historic state capitol furnishings and artifacts
that have been designated as state surplus by the capitol furnishings
preservation committee under RCW 27.48.040(6). Funds generated from
grants, gifts, donations, or sales for omnibus appropriations act needs
shall be deposited into the ((general administration)) enterprise
services account. Funds generated for capital budget needs shall be
deposited into the capitol building construction account.
Sec. 164 RCW 79A.15.010 and 2009 c 341 s 1 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Acquisition" means the purchase on a willing seller basis of
fee or less than fee interests in real property. These interests
include, but are not limited to, options, rights of first refusal,
conservation easements, leases, and mineral rights.
(2) "Board" means the recreation and conservation funding board.
(3) "Critical habitat" means lands important for the protection,
management, or public enjoyment of certain wildlife species or groups
of species, including, but not limited to, wintering range for deer,
elk, and other species, waterfowl and upland bird habitat, fish
habitat, and habitat for endangered, threatened, or sensitive species.
(4) "Farmlands" means any land defined as "farm and agricultural
land" in RCW 84.34.020(2).
(5) "Local agencies" means a city, county, town, federally
recognized Indian tribe, special purpose district, port district, or
other political subdivision of the state providing services to less
than the entire state.
(6) "Natural areas" means areas that have, to a significant degree,
retained their natural character and are important in preserving rare
or vanishing flora, fauna, geological, natural historical, or similar
features of scientific or educational value.
(7) "Nonprofit nature conservancy corporation or association" means
an organization as defined in RCW 84.34.250.
(8) "Riparian habitat" means land adjacent to water bodies, as well
as submerged land such as streambeds, which can provide functional
habitat for salmonids and other fish and wildlife species. Riparian
habitat includes, but is not limited to, shorelines and near-shore
marine habitat, estuaries, lakes, wetlands, streams, and rivers.
(9) "Special needs populations" means physically restricted people
or people of limited means.
(10) "State agencies" means the state parks and recreation
commission, the department of natural resources, the department of
((general administration)) enterprise services, and the department of
fish and wildlife.
(11) "Trails" means public ways constructed for and open to
pedestrians, equestrians, or bicyclists, or any combination thereof,
other than a sidewalk constructed as a part of a city street or county
road for exclusive use of pedestrians.
(12) "Urban wildlife habitat" means lands that provide habitat
important to wildlife in proximity to a metropolitan area.
(13) "Water access" means boat or foot access to marine waters,
lakes, rivers, or streams.
Sec. 165 RCW 43.131.408 and 2010 1st sp.s. c 21 s 5 are each
amended to read as follows:
The following acts or parts of acts, as now existing or hereafter
amended, are each repealed, effective June 30, 2014:
(1) RCW 39.10.200 and 2010 1st sp.s. c 21 s 2, 2007 c 494 s 1, &
1994 c 132 s 1;
(2) RCW 39.10.210 and 2010 1st sp.s. c 36 s 6014, 2007 c 494 s 101,
& 2005 c 469 s 3;
(3) RCW 39.10.220 and 2012 c . . . s 45 (section 45 of this act),
2007 c 494 s 102 & 2005 c 377 s 1;
(4) RCW 39.10.230 and 2010 1st sp.s. c 21 s 3, 2009 c 75 s 1, 2007
c 494 s 103, & 2005 c 377 s 2;
(5) RCW 39.10.240 and 2007 c 494 s 104;
(6) RCW 39.10.250 and 2009 c 75 s 2 & 2007 c 494 s 105;
(7) RCW 39.10.260 and 2007 c 494 s 106;
(8) RCW 39.10.270 and 2009 c 75 s 3 & 2007 c 494 s 107;
(9) RCW 39.10.280 and 2007 c 494 s 108;
(10) RCW 39.10.290 and 2007 c 494 s 109;
(11) RCW 39.10.300 and 2009 c 75 s 4 & 2007 c 494 s 201((, 2003 c
352 s 2, 2003 c 300 s 4, 2002 c 46 s 1, & 2001 c 328 s 2));
(12) RCW 39.10.320 and 2007 c 494 s 203 & 1994 c 132 s 7;
(13) RCW 39.10.330 and 2009 c 75 s 5 & 2007 c 494 s 204;
(14) RCW 39.10.340 and 2007 c 494 s 301((, 2003 c 352 s 3, 2003 c
300 s 5, 2002 c 46 s 2, & 2001 c 328 s 3));
(15) RCW 39.10.350 and 2007 c 494 s 302;
(16) RCW 39.10.360 and 2009 c 75 s 6 & 2007 c 494 s 303;
(17) RCW 39.10.370 and 2007 c 494 s 304;
(18) RCW 39.10.380 and 2007 c 494 s 305;
(19) RCW 39.10.385 and 2010 c 163 s 1;
(20) RCW 39.10.390 and 2007 c 494 s 306;
(((20))) (21) RCW 39.10.400 and 2007 c 494 s 307;
(((21))) (22) RCW 39.10.410 and 2007 c 494 s 308;
(((22))) (23) RCW 39.10.420 and 2012 c . . . s 46 (section 46 of
this act), 2009 c 75 s 7, 2007 c 494 s 401, & 2003 c 301 s 1;
(((23))) (24) RCW 39.10.430 and 2007 c 494 s 402;
(((24))) (25) RCW 39.10.440 and 2012 c . . . s 47 (section 47 of
this act) & 2007 c 494 s 403;
(((25))) (26) RCW 39.10.450 and 2007 c 494 s 404;
(((26))) (27) RCW 39.10.460 and 2007 c 494 s 405;
(((27))) (28) RCW 39.10.470 and 2005 c 274 s 275 & 1994 c 132 s 10;
(((28))) (29) RCW 39.10.480 and 1994 c 132 s 9;
(((29))) (30) RCW 39.10.490 and 2007 c 494 s 501 & 2001 c 328 s 5;
(((30))) (31) RCW 39.10.500 and 2007 c 494 s 502;
(((31))) (32) RCW 39.10.510 and 2007 c 494 s 503;
(((32))) (33) RCW 39.10.900 and 1994 c 132 s 13;
(((33))) (34) RCW 39.10.901 and 1994 c 132 s 14; ((and)) (35) RCW 39.10.903 and 2007 c 494 s 510((
(34).));
(36) RCW 39.10.904 and 2007 c 494 s 512; and
(37) RCW 39.10.905 and 2007 c 494 s 513.
NEW SECTION. Sec. 166 RCW 43.105.041 (Powers and duties of
board) and 2011 c 358 s 6, 2010 1st sp.s. c 7 s 65, 2009 c 486 s 13,
2003 c 18 s 3, & 1999 c 285 s 5 are each repealed.
NEW SECTION. Sec. 167 Section 123 of this act expires June 30,
2016.